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PC 2012/03/26 City of Anaheim Planning Commission Agenda Monday, March 26, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Peter Agarwal • Chairman Pro-Tempore: Victoria Ramirez • Commissioners: Stephen Faessel, Michelle Lieberman, Harry Persaud, John Seymour, (One Vacancy) • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, March 22, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 03/26/12 Page 2 of 7 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 03/26/12 Page 3 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2012-05590 (DEV2012-00002) Location: 2201 East Winston Road, Suite B The applicant requests to permit an automobile repair facility in an existing industrial building. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05502 (DEV2010-00075) Location: 1563 South State College Boulevard The applicant requests to permit a banquet and assembly hall, to include the consumption of alcoholic beverages, in conjunction with an existing automotive museum and events center (Astor Classics Event Center). Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: David See dsee@anaheim.net 03/26/12 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2011-05584 PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00084 (DEV2011-00132) Location: 2604 West La Palma Avenue The applicant requests to remodel an existing service station to include a convenience market with beer and wine sales for off-premises consumption. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2011-05573 VARIANCE NO. 2011-04870 (DEV2011-00092) Location: 1929 - 1937 South Manchester Avenue This is a City-initiated proposal to permit a parking lot with landscape setbacks, vehicular circulation, parking space dimensions, and parking lot landscaping that is less than required by Code. Upon transfer of ownership to the adjacent property owner, the parking lot would serve the adjacent Holiday Inn and Staybridge Suites as replacement parking for spaces lost due to construction of the Gene Autry overpass. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction), Class 5 (Minor Alterations) and Class 11 (Accessory Structures). Continued from the November 7, 2011, December 19, 2011, January 18, 2012 and March 12, 2012 Planning Commission meetings. This item was also deferred from the February 27, 2012 Planning Commission meeting which was cancelled due to the lack of a quorum. Resolution No. ______ Project Planner: Ted White twhite@anaheim.net 03/26/12 Page 5 of 7 ITEM NO. 6 ZONING CODE AMENDMENT NO. 2012-00106 (DEV2012-00023) Location: Citywide A City-initiated amendment to Title 3 (Business Licenses), Title 4 (Business Regulation), Title 6 (Public Health and Safety), Title 7 (Morals and Conduct) , Title 8 (Animals) and Title 18 (Zoning) of the Anaheim Municipal Code including, but not limited to, updating and streamlining certain business permit regulations and procedures, and reducing the number and type of business uses required to obtain a conditional use permit including updating reference language in the Mountain Park Specific Plan (SP90-4), Disneyland Specific Plan (SP92-1 ), Anaheim Resort Specific Plan (SP92-2) Hotel Circle Specific Plan (SP93-1) and Northeast Area Specific Plan (SP94-1). Environmental Determination: The proposed action is categorically exempt from the requirement to prepare environmental documentation per Section 21080 of the Public Resources Code. Motion Project Planner: Judy Dadant jdadant@anaheim.net Adjourn to Monday, April 9, 2012 at 5:00 p.m. 03/26/12 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. March 21, 2012_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 03/26/12 Page 7 of 7 S C H E D U L E 2012 April 9 April 23 May 7 May 21 June 4 June 18 July 2 July 16 July 30 August 13 August 27 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 IINDUSTRIAL RM-4FOURPLEX IINDUSTRIAL IU-STOREPUBLIC STORAGE C-GOFFICES ITILE & CARPETINGCENTER RM-4WATERRIDGEAPARTMENTS220 DU RM-4KING OF SPAINAPARTMENTS104 DU C-GRESTAURANT RM-4FOURPLEX E WINSTON RD S TALT AVEE OMEGA AVE S SIMPSON CIRS BELHAVEN STS STATE COLLEGE PKWYE. BALL RD S. SUNKIST STE. CERRITOS AVES. LEWIS STE. WAGNER AVE S. STATE COLLEGE BLVDS. EAST STE. K ATEL LA AVE 2 2 0 1 E a s t W in s t o n Ro a d D E V N o . 2 0 1 2 -0 0 0 0 2 Subject Property APN: 253-151-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 E WINSTON RD S TALT AVEE OMEGA AVE S SIMPSON CIRS BELHAVEN STS ATHENA WAYS STATE COLLEGE PKWYE. BALL RD S. SUNKIST STE. CERRITOS AVES. LEWIS STE. WAGNER AVE S. STATE COLLEGE BLVDS. EAST STE. K ATEL LA AVE 2 2 0 1 E a s t W in s t o n Ro a d D E V N o . 2 0 1 2 -0 0 0 0 2 Subject Property APN: 253-151-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05590 (DEV2012-00002) (2201 EAST WINSTON ROAD, SUITE B) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2012-05590, as described below; and WHEREAS, the applicant requests a Conditional Use Permit to permit an automobile repair facility in an industrial building; and WHEREAS, the subject property is developed with three industrial buildings and is located in the I (Industrial) Zone, and the Anaheim General Plan designates this propert y for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 26, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed request to permit an automobile repair facility in an industrial building is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Automotive – Repair & Modification). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the automobile repair facility will operate in a manner which is consistent with the surrounding uses and which is not detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the use is consistent with the Industrial zone and the surrounding uses. - 2 - PC2012-*** 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the automobile repair use will not create excess traffic or an excess demand for parking due to the limited size of the facility. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove specified does hereby grant Conditional Use Permit No. 2012-05590 to permit an automobile repair facility in an industrial building. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - 3 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 26, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIO NERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of March, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05590 (DEV2012-00002) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY ONGOING DURING PROJECT OPERATIONS 1 All repair activity shall be conducted wholly within the building. Planning Department, Code Enforcement Division 2 Parking areas shall not be used for outdoor storage, including the storage of trailers, inoperable vehicles, or the display of vehicles for sale or rent. Planning Department, Code Enforcement Division 3 The approval of this applicant constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning Services, Planning Department 4 This property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the Site Plan and Floor Plan (Exhibit No. 1). Said plans are on file in the Planning Department. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. IIN D U S T R IA L I (PTMU)RESTAURANTITILE S T O R E I (PTMU)SEL F STORAGE FACILITYIRAILROAD IVACANT IINDUSTRIAL IKatellaVACANT IT IL E S T O R EISELF S T O R A G E F A C IL IT Y S STATE COLLEGE BLVDE. BALL RD E. KATELLA AVES. LEWIS STE. CERRIT O S A V ES. SUNKIST STS. ANAHEIM BLVDS. DOUGLASS RDS. M ANCHE STE R A VE S. HASTER STE. GENE AUTRY WAYS. CLEMENTINE ST1 5 6 3 S o u t h S t a t e Co ll e g e B o u l e va r d D E V N o . 2 0 1 0 -0 0 0 7 5 Subject Property APN: 082-250-87082-250-44 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 S STATE COLLEGE BLVDE. BALL RD E. KATELLA AVES. LEWIS STE. CERRIT O S A V ES. SUNKIST STS. ANAHEIM BLVDS. DOUGLASS RDS. M ANCHE STE R A VE S. HASTER STE. GENE AUTRY WAYS. CLEMENTINE ST1 5 6 3 S o u t h S t a t e Co ll e g e B o u l e va r d D E V N o . 2 0 1 0 -0 0 0 7 5 Subject Property APN: 082-250-87082-250-44 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05502 (DEV2010-00075) (1563 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") did receive a verified petition for a conditional use permit to permit a banquet and assembly hall, to include the consumption of alcoholic beverages, in conjunction with an existing automotive museum and events center (Astor Classics Event Center), for that certain real property located at 1563 South State College Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, the 1-acre property is currently developed with a 20,025 square foot industrial building and is located in the Industrial zone; the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did schedule a public hearing at the Civic Center in the City of Anaheim on March 26, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against the proposed amendment to said conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The request to permit a banquet and assembly hall in conjunction with an existing automotive museum and events center is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.010 (Community and Religious Assembly) of the Anaheim Municipal Code. 2. That the proposed use is located adjacent to other industrial properties. All activities associated with the automobile museum will occur within the building, therefore, the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. - 2 - PC2012-*** 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because there will be an adequate number of parking spaces available to support the existing and proposed uses on the property. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because all activities would occur entirely within the building space. WHEREAS the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2010-05502 (DEV2010- 00075) to permit a banquet and assembly hall, to include the consumption of alcoholic beverages, in conjunction with an existing automotive museum and events center. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2010-05502, subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated herein by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 3 - PC2012-*** BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 26, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of March, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05502 (DEV2010-00075) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 Events shall be limited to no more than 250 attendees. Events with 100 or fewer attendees shall be permitted at all times. Events with more than 100 attendees shall not be permitted prior to 6:00 p.m. on weekdays. Exceptions to these limitations may be authorized by the Planning Department on a case by case basis, upon prior written request by the operator. Planning 2 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 3 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). (Section 25.114(a) Uniform Fire Code). Fire 4 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-GSERVICESTATION IMEDICAL OFFICE RM-4MAGNOLIA PLAZAAPARTMENTS84 DU C-GRESTAURANT IRETAIL RS-2SINGLE FAMILY RESIDENCE C-GOFFICES ISERVICESTATION C-GRESTAURANTC-GRESTAURANT C-GRESTAURANT C-GRESTAURANT C-GIMPERIAL THEATER RM-4MAGNOLIAAPARTMENTS100 DU CONDOMINIUMS40 DU RS-2SINGLE FAMILY RESIDENCE W LA PAL MA AVE N MAGNOLIA AVEW W O O DLAND DRN FELICIDAD STN KNOLLWOOD CIR W GRE EN BR IE R AVE W FE L ICIDAD CI R N HOME PLW VI A PALMA WOODLAN D D R W. LA PALMA AVE W. CRESCENT AVE N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE 2 6 0 4 W e s t L a Pa lm a A v e n u e D E V N o . 2 0 1 1 -0 0 1 3 2 Subject Property APN: 070-191-04 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 W LA PAL MA AVE N MAGNOLIA AVEW W O O DLAND DRN FELICIDAD STN KNOLLWOOD CIR W GRE EN BR IE R AVE W FE L ICIDAD CI R N HOME PLW VI A PALMA WOODLAN D D R W. LA PALMA AVE W. CRESCENT AVE N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE 2 6 0 4 W e s t L a Pa lm a A v e n u e D E V N o . 2 0 1 1 -0 0 1 3 2 Subject Property APN: 070-191-04 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05584 (DEV2011-00132) (2604 WEST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05584 to permit the remodel of an existing service station to include a convenience market with beer and wine sales for off-premises consumption in conjunction with a Request for Determination of Public Convenience or Necessity No. 2012- 00084 for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, this 0.69-acre property is developed with a 1,200 square foot service station building and two pump islands with canopies in the C-G (General Commercial) zone and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 26, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit the remodel of an existing service station to include a convenience market with beer and wine sales for off-premises consumption is properly one for which a conditional use permit is authorized under Section No. 18.08.030.010 (Alcoholic Beverage Sales-Off Sale, Convenience Stores, and Automotive-Service Stations) of the Anaheim Municipal Code. 2. The proposed convenience market with beer and wine sales for off-premises consumption will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the property is commercially zoned and is adjacent to other shopping centers with similar commercial retail uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because no expansion to the building is proposed; therefore, the renovation project will remain consistent with code provisions regulating setbacks and parking. - 2 - PC2012-*** 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the existing land use will continue to be compatible with the surrounding area and the proposed conversion of the service station building will not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011-05584 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2012-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 26, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of March 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05584 (DEV2011-00132) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 The business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 7 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 8 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Code Enforcement 9 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Title Sheet), 2 (Site Plan), 3 (New Floor Plan), 4 (Existing Floor Plan), 5 (Existing Elevations), 6 (New Elevations), and 7 and 8 (Colored Elevations), and as conditioned herein. Planning [DRAFT] ATTACHMENT NO. 3 - 1 - PC2011-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00084 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2011-00132) (2604 WEST LA PALMA AVENUE) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity in conjunction with an application for Conditional Use Permit No. 2011-05584 to permit the sales of beer and wine for off-site consumption in conjunction with a service station remodel project for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, this 0.69-acre property is developed with a 1,200 square foot service station building and two pump islands with canopies in the C-G (General Commercial) zone and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 26, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: - 2 - PC2012-*** 1. The C-G (General Commercial) zone permits the sales of beer and wine for off- site consumption in conjunction with a convenience store, pursuant to Section No. 18.08.030.010 (Alcoholic Beverage Sales-Off Sale and Convenience Stores) of the Anaheim Municipal Code, subject to the approval of a conditional use permit. 2. The proposed sale of beer and wine for off-site consumption will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it is accessory to a convenience store and is located adjacent to other commercial retail centers. 3. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off-sale alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. Subject property is located within Census Tract 868.01 with a population that allows for two off-sale ABC licenses and there are presently six licenses in the tract. In addition, there are five on-sale licenses and two presently exist in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within a one-quarter mile radius for the subject site. The proposed location is located in Police Reporting District No. 1417 which has a crime rate that is below the citywide average and the crime rate within ¼ mile of this property is 4% above the citywide average based upon calls for service. Since there is an overconcentration in the number of ABC licenses within this census tract, a determination of public convenience or necessity is required for this request. However, the Police Department does not oppose this request, subject to the business continually adhering to the recommended conditions of approval contained herein. 6. Traffic generated by the convenience store with off-premises beer and wine sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine is ancillary to the proposed store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. The Police Department indicates no specific concerns related to off-premises beer and wine sales and operation of this business, subject to the conditions of approval. - 3 - PC2012-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off-premises consumption at this location subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the Determination of Public Convenience or Necessity No. 2011-00084 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. - 4 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 26, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of March 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00084 (DEV2011-00132) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 The business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 7 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 8 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Code Enforcement 9 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Title Sheet), 2 (Site Plan), 3 (New Floor Plan), 4 (Existing Floor Plan), 5 (Existing Elevations), 6 (New Elevations), and 7 and 8 (Colored Elevations), and as conditioned herein. Planning ATTACHMENT NO. 4 868.01 Market Liquor SUBJECT SITE Market Pharmacy Liquor Liquor CENSUS TRACT MAP OFF-SALE LICENSES ANAHEIM BUENA PARK ATTACHMENT NO. 5 PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 EXTERIOR – SOUTH VIEW ATTACHMENT NO. 6 PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 EXTERIOR – EAST VIEW PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 EXTERIOR – WEST VIEW PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 INTERIOR VIEW ‐ 1 PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 INTERIOR VIEW – 2 INTERIOR VIEW ‐ 3 PROPOSED TENANT IMPROVEMENTS 2604 LA PALMA AVENUE, ANAHEIM, CA-92801 APN# 070-191-04 Prepared by : Sumit Brahmbhatt, AIA, LEED AP (323) 474 8344 INTERIOR VIEW ‐ 4 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4APTS20 DU RM-4APTS24 DU I (PTMU)INDUSTRIAL RM-4FOURPLEX SP 92-2DA1HOLIDAY INNANAHEIM RESORT I (PTMU)VACANT SP 92-2 (MHP)DA1PLANTATIONMOBILE ESTATES RM-4APTS20 DU SP 92-2DA1STAYBRIDGESUITESANAHEIM C-GRETAILRM-4FOURPLEX RM-4APTS8 DU RM-4APTS12 DU T (MHP)DEL RAYMOBILE ESTATES SP 92-2DA1VACANT RM-4APTS8 DU SP 92-2DA1 FUTURE GENE AUTRYWAY OVERPASS S A N T A A N A F R E E W A Y S A N T A A N A F R E E W A Y S M ANCHESTER AVE S AN AHEIM W AY E LEATRICE LN E RIVERA LNVIA KONAE LEATRICE LN E WAKEFI EL D AV E E TANGERINE LN VIA TAHITI E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE W. DISNEY WAY 1 9 2 9 So uth Manches ter Avenue D E V N o. 2011-00092 Subject Property APN: 137-321-33137-321-34 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 10 FUTURE GENE AUTRYWAY OVERPASS S M ANCHESTER AVE S AN AHEIM W AY E LEATRICE LN CITRU S DR E RIVERA LNVIA KONAE E LEATRICE LN E WAKEFI EL D AV E E TANGERINE LN VIA TAHITI E TANGERINE LN VIA HILO DRVIA KONAE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVES. LEWIS STS. STATE COLLEGE BLVDW. KATELLA AVE W. DISNEY WAY 1 9 2 9 So uth Manches ter Avenue D E V N o. 2011-00092 Subject Property APN: 137-321-33137-321-34 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 10 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 3, 5 AND 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05573 AND VARIANCE NO. 2011-04870 (DEV2011-00092) WHEREAS, the Planning Commission did receive a City-initiated request to approve Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870 to permit and retain a parking lot with landscape setbacks, parking space design, and parking lot landscaping that is less than required by code; and WHEREAS, this 0.62-acre property is a remnant of two parcels that were purchased by the City to accommodate the construction of the Gene Autry Way overpass project. The property is partially developed with a surface parking lot. The property is located in the Anaheim Resort Specific Plan, Development Area 1 (Commercial Recreation) and the Anaheim General Plan designates the property for Commercial Recreational land uses; and WHEREAS, the Planning Commission did initiate, by motion, this request on October 10, 2011; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, by motion, continued the public hearing for the conditional use permit and variance to December 19, 2011, and to January 18, 2012, at the request of the property owners of the Staybridge Suites and Holiday Inn property, and subsequently to February 27, 2012 and March 12, 2012 at the request of staff; and WHEREAS, due to the length of time that had transpired since the project’s initial hearing date, staff distributed another set of public notices for the March 12, 2012 hearing, and Planning Commission, by motion, continued the public hearing for the conditional use permit and variance to March 26, 2012; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit and retain a parking lot with landscape setbacks, parking space design, and parking lot landscaping that is less than required by code should be approved for the following reasons: - 2 - PC2012-*** 1. The proposed request to permit and retain a parking lot in the Anaheim Resort Specific Plan, Development Area 1 (C-R District) is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.116.070.040 – Table 116C (Automotive – Parking Lots or Parking Structures/Garages). 2. The proposed conditional use permit to permit a parking lot, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the parking lot serves to replace parking spaces that were removed to accommodate the Gene Autry Way Overcrossing project and the proposed surface parking lot does not preclude future development of the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed parking lot in a manner not detrimental to the particular area or to the health and safety because the parking lot is designed to take advantage of access from an existing driveway on Manchester Avenue and is designed in a manner that will allow safe and efficient vehicular circulation and is compatible with the design of the adjacent parking spaces serving the Holiday Inn and Staybridge Suites property. 4. The parking lot will not generate additional traffic that could cause an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking lot is intended to replace parking spaces that previously served the adjacent Holiday Inn and Staybridge Suites and will not generate any additional traffic trips. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed parking lot will be compatible with the surrounding area because the use is integrated with hotels and existing parking areas and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit landscape setbacks, parking space design, and parking lot landscaping that is less than required by code should be approved for the following reasons: SECTION NO. 18.116.090.020 Minimum landscape setbacks adjacent to Manchester Avenue and Gene Autry Way. (20 feet required; 2 to 20 feet proposed). SECTION NO. 18.116.090.040 Minimum landscape setback adjacent to interior property line. (10 feet required; 0 feet proposed). SECTION NO. 18.116.140.110 Minimum parking space design. (No overhang permitted; 2 foot overhang proposed). SECTION NO. 18.116.140.020 Minimum parking lot landscaping. AND 18.116.140.090 (9 trees in planters required; 6 trees proposed). - 3 - PC2012-*** 1. That there are special circumstances applicable to the property, including size, shape, location and surroundings, which do not apply to other property under identical zoning classification in the vicinity that result in limited and inefficient use of the property if it were developed in conformance with development standards. The property is a small, triangularly- shaped property immediately adjacent to the Gene Autry Way Overcrossing. The size and shape of the property limit the efficiency of independent design for the parcel, rendering it appropriate for joint use with existing surface parking improvements on adjacent properties, and the location of the parking lot adjacent to Gene Autry Way overpass presents a unique situation where a landscape setback is unnecessary due to the grade difference between the parking lot and Gene Autry Way. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Numerous properties within the Anaheim Resort Specific Plan along Manchester Avenue have landscape setbacks that are less than required by code due to the widening of the I-5 freeway and realignment of Manchester Avenue. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303 (Class 3 - New Construction), Section 15305 (Class 5 - Minor Alterations) and Section 15311 (Class 11 - Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870 and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2012-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code, except as approved by this action, and any other applicable City, State and Federal regulations. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 26, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of March, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05573 AND VARIANCE NO. 2011-04870 (DEV2011-00092) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The parking lot will be constructed and retained substantially in accordance with Exhibit No. 1 (Site/Landscape Plan) and which plan is on file with the Planning Department. Public Works SWVSCALE 1"= 20’PLANTING INSTALLATION NOTES:12 3VINES ARE SHOWN OUTSIDE THE PLANTER FORGRAPHICAL CLARITY.PLANTING HOLES SHALL BE TWO TIMES THESIZE OF ROOT BALL.ALL PLANTING AREAS SHALL RECEIVE 3" THICKOF MULCH.I-5 FREEWAY SBMANCHESTER AVENUEHOLIDAY INN PARKING LOT PLANT LEGENDAGAPANTHUS AFRICANUSPHILODENDRON SELLOUMALBIZIA JULIBRISSINCUPANIOPSIS ANACARDIOIDESPARTHENOCISSUS TRICUSPIDATASYMBOLBOTANICAL NAMECOMMON NAMELILY-OF-THE-NILEBOSTON IVYCARROTWOODMIMOSATREESVINES AND GROUNDCOVERGENE AUTRY WAYORANGE DAYLILLYHEMEROCALLIS HYBRIDSTULBAGHIA VIOLACEASOCIETY GARLICLACY TREE PHILODENDRONPITTOSPORUM TOBIRA ’WHEELERI’WHEELER’S DWARF PITTOSPORUMHOLIDAY INN879APN 137-321-231APN 137-321-34TRACHELOSPERMUM JASMINOIDESSTAR JASMINETRACHELOSPERMUM ASIATICUMASIATIC JASMINEMETROSIDEROS EXCELSUSNEW ZEALAND CHRISTMAS TREENOTE: UNDERLINED PORTION OF BOTANICAL NAME INDICATE ABBREVIATIONS USED ON PLANTING PLAN.SIZE1 GAL1 GAL5 GAL1 GAL1 GAL24" BOX24" BOX24" BOX1 GALFLATSFLATSPROPERTYLINEPLANNING COMMISSIONCUP/VARIANCE EXHIBIT24’16’18’18’24’18’24’16’16’16’8.5’8.5’8.5’8.5’8.5’8.5’8. 5 ’ATTACHMENT NO. 3 17852 E Seventeenth Sc Suite 102 Tustin CA 92780 2142 7145730317 fax 7143739534 koaoc@katzokitsucom wwwkatzokitsucom Los Angeles 3232604703 fax 3232604705 Oakland 5108346700 fax 5108346702 Palm Springs 7604162577 fax 76032345 Sincerely Rock E Miller PE Principal 199525 F I cities L4NAHEMparkingStudiesANHotell Staybrdg25VlSED899 wpd 89 Q EG 999 IV EO rn F a LJSanDiegoS 6196832933 PSh2 Z11l fax 6196837982 DBE MBE CCKatz Okitsu Associates Traffic Engineers and Transportation Planners Mr Robert Olson FD Olson Development 2955 Main St Suite 300 Irvine CA 92614 Subject Parking Study for Two Hotels in the City of Anaheim Dear Mr Olson Katz Okitsu Associates is pleased to submit the attached report addressing parking needsforaproposedtwohotelsiteintheCityofAnaheimThe report was prepared to meet therequirementsoftheCityofAnaheimfor evaluating the parking needs for the proposedpermit request It has been a pleasure to provide this study to RD Olson Development and to the City ofAnaheimPleasecontactmeifyourequireanyadditionalinformationorhaveanyquestionsaboutthesubjectstudy 12CCLtlviz By I PPROVAL A1 COMMENTS 324 December 1 1999 a 1i71J N E 93000 FO OF CA CONDITIONAL USE PERMITNO9S3 ATTACHMENT NO. 4 PARKING STUDY FOR TWO HOTELS IN THE CITY OF ANAHEIM Prepared for RD Olson Development 2955 Main St Suite 300 Irvine CA 92614 949 222 3726 Prepared by Katz Okitsu Associates 17852 Seventeenth Street Suite 102 Tustin CA 92780 2142 714 573 0317 December 1999 CONDITIONAL USE PERMITNpS 6 7 8 DEC 1999 flCA o RLcEIVEO s 2QNING0M12E m 9S 2221 Introduction RD Olson Development is proposing to construct two hotels on an undeveloped site within the Anaheim Resort Area The site is located on Manchester Avenue just south of the Katella Avenue and Interstate 5 interchange in the City of Anaheim The project may require an exception from the required number of parking spaces indicated by the Anaheim Municipal Code The project development will include two hotels a Staybridge Inn providing 143 guest rooms and a Holiday Inn providing 264 rooms The Holiday Inn is a conventional hotel property including restaurants banquet facilities and small conference facilities The Staybridge Inn is an extended stay hotel It includes larger suites and small kitchens allowing in room meal preparation Staybridge is a relatively new hotel line that is being developed by Holiday Inns However it is considered to be similar to Marriotts Residence Inns in terms of length of stay and purpose for visit This type of property typically provides rooms for a longer number of days than conventional hotel Facilities such as the proposed Holiday Inn The project site plan shows 355 parking stalls including 300 surface stalls and 55 stalls in a below grade parking structure which include 8 handicapped parking stalls This parking is intended to meet the needs of the two hotels when Gene Autry Way is constructed The arhitect has also prepared an interim site plan which shows 378 surface parking stalls which is intended to meet the needs of the hotels prior to and during the construction of Gene Autry Way Since the interim plan is for temporary use only and contains more parking stalls than the final plan we will be looking at the final site plan for the purposes of this study Figure 1 depicts a vicinity map of the project area Figure 2 shows the final project site plan as proposed after construction of Gene Autry Way The purpose oE this parking study is to determine if the proposed parking supply on the site will be adequate for the needs oE all proposed uses Parking supply and demand are normally measured or calculated on the basis of developed building area expressed in square feet per parking space or in parking spaces per 1000 square feet sE Parking requirements for hotel and lodging uses are normally expressed in parking spaces per room The City oE Anaheim Municipal Code AMC indicates a parking requirement for hotel use is as follows Prepared for RD Olson Development Parking Study for two Hotels in the City ofAnaheim December 1 1999 CONDITIONAL USE PERMI NO DEC 9999 Katz Okitsu Associates 1 o1v1S cam may North No Score Katelia Ave Katz Okitsu Associates Traffic Engineers and Transportation Planners Vicinity Map 50789 DEC 199 FIGURE CONDITIONAL USE PERMIT N OS3 trcorn 1rN REGEPJ SD c ONING DIVISION y tslE22Zti 1 1 1 I 1 1 MTH1 NN 4 4 i 1 2 1 ry 2 N Fr Ni CIA Katz Okitsu Associates Erniin Engineers and Transportation Manners N 9 et i21424 ci N s N 0cz fp NJ O 0 Site Plan AJingo 1 tft I FIGURE 0 1 14 I1 en1 01 3 cit r 4 LmuN9a it CONDITIONAL USE PERMIT FP RzncvEP r r zo4 0 NO f DIVISION 4 NiciS3 4 1 sldeLS 4 0241 Hotel Motel Facilities The following minimum parking spaces shall be provided Fourfifths 08 of a space per guest room without kitchenettes one and three fifths 16 spaces per guest room with kitchenettes plus fourteen 14 spaces per 1000 square feet of GFA of eatingdrinking areas plus ten 10 spaces per 1000 square feet of banquet meeting room area plus the following employee spaces One quarter 025 space per each employee working in guest room areas four and three fifths 46 employee spaces per 1000 square feet of eatingdrinking areas one 1 employee space per 1000 square feet of GFA for retail areas two and one half 25 employee spaces per 1000 square feet of GFA for banquet meeting rooms 1189 The Staybridge Inn property will include kitchenettes so the higher rate per room indicated by the Anaheim Municipal Code would apply The higher rate in the Code is intended to insure that adequate parking is provided for overnight accommodations that may be rented for very long periods of time such as months or longer The occupants of this type of accommodation may occasionally park more than one automobile on the site thus experiencing parking demands that are comparable to apartments and other residential developments that are intended as permanent residences The Staybridge property is not intended Eor use by occupants who may keep more than one vehicle on the site It is located within the Anaheim Resort Area so the property will be desirable for visitors who wish to stay for longer than one or two days however the primary purpose of the visit is expected to be tourism or conferences This type of visitor would not normally have more than one automobile on the site and a significant portion of visitors may have no vehicles depending on buses and shuttles for their transportation needs The parking demand for the Staybridge property is not expected to have per room parking demands that are significantly higher than other hotels without kitchenettes Furthermore the Anaheim Municipal Code states that this type of hotel property be required to have a daily maid service and that the occupancy per room would not extend for 30 days or more This greatly reduces the potential for patrons to have more than one vehicle on the premises Katz Okitsu Associates calculated the code requirement for the project in Table 1 Prepared far RD Olson Development Parking Study for two Hotels in the City of Anaheim December I 1999 Katz Okitsu Associates 4 CONDITIONAL USE PERMIT Land Use Staybridge Guest Rooms Guest Rm Employees Holiday Inn Guest Rooms Dining Areas Dining Employees Meeting Rooms Training Rooms Retail Employee Guest Rm Employees The site will require 575 stalls according to the Anaheim Municipal Code Methodology Quantity Parking supply and parking demand are normally measured or calculated on the basis of developed building area expressed in square feet per parking space or in parking spaces per 1000 square feet The parking requirement for the proposed hotel facility can be determined by surveying similar uses A comparison between the proposed parking supply and the forecasted demand will determine whether the center will have adequate parking in the future Katz Okitsu Associates surveyed two existing extended stay hotel sites in the vicinity to measure typical weekday and typical Saturday parking demands The parking demand for these centers with consideration for hotel rooms the proposed composition of uses and other relevant factors would indicate the probable future parking experience for the proposed hotels If the Prepared for RD Olson Development Parking Study for two Hotels in the City ofAnaheim December 1 1999 Table 1 Parlcing Tabulation for Anaheim Resort Anaheim Municipal Code Requirement 143 16 stalls rm 8 025 stallsemployee Subtotal Stalls 264 08 stallsrm 5256 sf 14 stalls1000 sf 5256 sf 46 stalls 1000 sf 1583 sf 125 stalls 1000 sf 886 sf 125 stalls1000 sf 121 sf 1 stall1000 sf 13 025 stalls employee Subtotal Stalls Total Stalls Number of Stalls Required 2288 20 2308 2112 736 242 198 111 01 33 3433 5741 Katz Okitsu Associates 5 CONDI USE PERMIT NO S s3 t currently available parking supply is adequate for the demands of the existing uses plus likely tenants there would be no parking problems evident from the proposed permit Parking Demand Two existing hotels were located within the general area of the proposed location These sites are the Residence Inn in the City of Orange and Residence Inn in the City of Anaheim The two Residence Inns were selected because they are very similar to the proposed Staybridge Inn regarding room amenities and on site services The parking demand for these properties is considered to be representative of the Staybridge Inn The sites surveyed are shown in Figure 3 and are sites are summarized as follows The Residence Inn in Orange is a stand alone hotel that is located adjacent to the Interstate 5 freeway at northeast corner of the intersection of State College Boulevard and Rampart Avenue near Chapman Avenue in the City of Orange The hotel provides one main parking area of 99 parking stalls and has 104 rooms The Residence Inn in Anaheim is a hotel is located on the southeast corner of the intersection Clementine Street and Freedman Way in the City of Anaheim Although it shares a common back driveway with the adjacent Motel 6 the main driveway is located off of Clementine Street The facility supplies 205 parking spaces in its main parking and has 200 rooms The nearby presence of the Anaheim Resort Area attractions causes many hotel facilities in the study area to experience unique parking conditions There is a very high incidence of hotel guests without private automobile transportation These guests arrive primarily by bus airport shuttles or hotel shuttle In addition guests with private transportation frequently leave their vehicles parked on the site throughout the day utilizing courtesy hotel transportation to Disneyland park These factors result in lower parking utilization at night compared to other facilities They also result in a higher ratio of daytime to nighttime parking use Prepared for RD Olson Development Parking Study for two Hotels in the City ofAnaheim December 1 1999 Katz Oldtsu Associa 6 CONDITIONAL U PERMIT NO 1i443 North No scale Anaheim Residence Inn Katello Ave Chapman Ave t5 Eta Katz Okttsu Associate Traffic Engineers and Tmnspartatian flannen Sites Surveyed FIGURE CONDITIONAL USE PERMIT L494 Parking demands for the site were measured at periodic intervals on January 23 27 and 30 1999 The results of the surveys are shown on Table 2 Date January 23 1999 January 27 1999 Residence Residence Residence Residence Residence Residence Inn Inn Inn Inn Inn Inn Time Anaheim Orange Anaheim Orange Anaheim Orange 900 AM 114 42 87 62 11 00 AM 74 33 67 33 100 PM 84 31 50 29 300 PM 78 39 88 42 700 PM 74 47 112 57 12 Midnight 132 49 142 86 Peak Parking Demand Demand per Occupied Room The peak parking demand occurred near midnight The measured demand was 142 vehicles at the Anaheim facility and 86 vehicles at the Orange facility This demand would be primarily related to occupied rooms We have observed a downward trend in parking utilization after midnight for other lodging facilities because the number of visitors who leave the site after midnight is normally greater than the number of hotel guests who arrive after midnight For this reason the measured demand at midnight is accepted as the peak demand per occupied room overnight Prepared for RD Olson Development Parking Study for two Hotels in the City of Anaheim December 1 19q9 Table 2 Parking Demand Parked Vehicles Parked Vehicles 142 86 071 090 5o DEC 1999 ritocivamZclaiNO DIVISION January 30 1999 CONDITIONAL USE PERMIT N0 Katz Okitsu Associates 8 PARKING DEMAND AND ROOM OCCUPANCY The highest peak parking demand for all three sites surveyed was at the Residence Inn Anaheim Katz Okitsu Associates personnel covertly asked how many rooms were available on January 23 and found out that only one room was vacant The highest occupancy rate for the Orange site was noted on January 27 Staff at the property indicated that it was 92 occupied at the time 96 rooms The overnight parking requirement per occupied room is based upon the midnight parking demand 86 stalls and the total room occupancy 96 rooms The parking demand per room is calculated at 090 stalls per occupied room This amount is 56 of the requirement indicated in the Anaheim Municipal Code 16 spaces per guest room with kitchenettes but more consistent with the hotel room without kitchenette 08 spaces per room Parking for hotel room usage varies throughout the day as indicated by the information on Table 2 The parking per occupied room during mid morning and mid afternoons are shown in Table 3 below Time Prepared for RD Olson Development Parking Study for two Hotels in the City ofAnaheim Dezember r 1999 Table 3 Parking Demand per Occupied Room Occupied Parking Percent of Parking Demand Anaheim Orange Anaheim Orange 1100 AM 74 stalls 33 stalls 52 38 300 PM 88 stalls 42 stalls 62 49 700 PM 112 stalls 57 stalls 79 66 1200 Midnight 142 stalls 86 stalls 100 100 Note Anaheim site used 99 occupancy and Orange site used 92 occupancy rate during surveys The parking demand rate in the afternoon is approximately 62 or less than the overnight rate The parking rate in the evening is 79 or less than the overnight rate t c DEO 1999 RECEIVED ZONING DIVISION CONDITIONAL USE PERMIT NO Katz Okitsu Associates 9 I FORECASTED PARKING DEMAND FOR THE STAYBRIDGE INN PROPERTY The data collected for this study clearly indicates that the parking demand for Residence Inn is much lower than the Anaheim Municipal Code The Anaheim property experiences parking demand 071 stalls per room that compares well to the City code requirement for hotel rooms without kitchen facilities 08 stalls per room The Orange property experiences higher parking demand 090 stalls per room than the Anaheim property however the demand is still much lower than the City Code requirement The parking rate maybe higher because it is further from the Anaheim Resort area or because the property is smaller Katz Okitsu Associates suggests that the measured rate at the Anaheim site is more applicable to the Staybridge site than the measured rate at the Orange site We would thus recommend a rate of 08 stalls per room for this type of hotel property as the code requires for hotel rooms without kitchenettes Also this rate would include parking for hotel staff since their vehicles would be included in the parking surveys The expected peak parking demand for the Staybridge Inn is thus 115 stalls Eor the 143 room hotel In addition the parking requirement for the Staybridge would be 80 or less than this amount at all times except after 9 pm Thus the recommended parking supply for rooms at the Staybridge 115 stalls will result in approximately 23 empty stalls except after 9 pm FORECASTED PARKING DEMAND FOR THE HOLIDAY INN PROPERTY The total parking requirement for the Holiday Inn property was forecast at 211 stalls for rooms plus 112 stalls for dining areas meeting rooms and employees These stalls are based upon typical peak parking demand rates for use of this type of area however these additional requirements do not consider that hotel guests may represent a substantial portion of dining area and meeting room occupants Each of these ancillary uses should be analyzed to determine whether they will actually generate additional parking demand and if the additional parking demand will occur when demand for room parking is high The dining area is intended primarily for use by hotel guests It will thus not increase demand for parking beyond the demand generated by the hotel rooms Additional parking demand by diners should not be added to the parking demand requirement The employee parking requirements will generate additional parking demand however the peak demand for employees will occur before 9 pm Approximately four stalls would be required for dining area employees later at night when the lot fills with cars due to occupancy of hotel rooms Prepared for RD Olson Development Parking Study for nvo Hotels in the City of Anaheim December 1 1999 A DEO 1999 V1 3 c vla ii Katz Okitsu Associates 10 CONDITIONAL USE PERMIT NO 5493 Parking demand for meeting rooms can be variable Some meeting functions may consist of attendees who are nearly all staying in hotel rooms thus generating no additional parking demand Some events may attract persons to the hotel property who are not staying in rooms Finally many groups occupy more than one room consecutively dining in one room and meeting in an adjacent room Under this use not all dining areas will experience simultaneous usage While it is possible for meeting rooms to all be occupied simultaneously by persons who are not staying in hotel rooms this scenario is extremely rare particularly in conjunction with full occupancy of all rooms Katz Okitsu Associates suggests that the peak parking demand for meeting rooms and employees can be discounted by 50 to account for hotel guests using meeting facilities and rare simultaneous use of all rooms The demand can be reduced by another 10 since it will not occur late at night when rooms are occupied TOTAL PARKING DEMAND FOR BOTH HOTELS Table 5 shows the anticipated parking according to the above assumptions Table 5 Parking Tabulation for Anaheim Resort Hotels Land Use Staybridge Guest Rooms Guest Rm Employees Holiday Inn Guest Rooms Dining Areas Dining Employees Meeting Rooms Training Rooms Retail Employee Guest Rm Employees Quantity Prepared for RD Olson Development Parting Study for two Hotels in the City of Anaheim December 1 1999 Anaheim Requirement or Katz Okitsu estimate 143 08 stalls rm 8 025 stallsemployee Subtotal Stalls 264 08 stallsrm 5256 sf Included in room rate 5256 sf 46 stalls 1000 sf 1583 sf 5 stalls1000 sf 886 sf 625 stalls1000 sf 121 sf 1 stall1000 sf 13 025 stallsemployee Subtotal Stalls Total Stalls Number of Stalls Required 1144 20 1164 2112 00 242 79 55 01 33 2522 3686 Katz Okitsu Associates 11 CONDITIONAL USE PERM N0 17S3 I The site will require 369 stalls without any shared parking agreements according to Katz Okitsu Associates calculations SHARED PARKING ANALYSIS Peak parking demand for the hotels will occur late at night The actual demand will approach this rate only during periods of near full occupancy when all meeting rooms are used simultaneously and a large percentage of those in meeting rooms are not staying at the hotel It also presumes that full occupancy is not due to the presence of large numbers of guests who arrive by tour bus In our experience analyzing numerous hotels in the Anaheim resort area this combination of conditions rarely happens The parking lot will thus have a demand a substantially less than 369 stalls most of the time The demand will approach 369 only under rare occasions The hotels will experience reduced parking demand for rooms prior to 9 pm The Urban Land Institute surveyed many hotel facilities and determined that the parking requirement prior to the evening meal hour is 75 or less than the peak parking requirement for rooms Prior to 7 pm room parking for the Holiday Inn and the Staybridge together will result in at least 78 unused stalls This parking surplus is greater than the Municipal Code requirement for employees and banquet room related parking demands Since parking demand for rooms is even lower earlier in the day the actual amount of room parking available to non room use will be considerably larger than this figure except from the evening meal hour to the early am Again this presumes that all rooms banquet facilities and meeting areas are simultaneously used as described above Table 6 shows the expected parking demand for various hours of the day based upon the results of this study the ULI Shared Parking Study or the Municipal Code as appropriate The table indicates that the peak demand will occur during the late evening and will be 326 stalls Prepared for RD Olson Development Pawling Study for two Hotels in the City of Anaheim December 1 1999 DEC 1959 DIViswu f Katz Okitsu Associates 12 CONDITIONAL USE PERMIT NO x33 Time Peak Holiday Inn Staybridge Demand Use 211 Stalls 115 Stalls 700 AM 1100 AM 100 PM 300 PM 700 PM 900 PM 179 Stalls 85 74 stalls 35 63 Stalls 30 74 stalls 35 158 stalls 75 200 Stalls 95 Prepared for RD Olson Development Parking Study for two Hotels in the City of Anaheim December 1 1999 Table 6 Parking Demand by Time of Day Entire Project Hotel Rooms 92 Stalls 80 60 stalls 52 72 Stalls 62 72 stalls 62 91 stalls 79 104 Stalls 90 Employees Mtg Rms etc Both Hotels 45 Stalls 20 Stalls 45 Stalls 45 Stalls 45 Stalls 45 Stalls 18 Stalls 1200 Midnight 211 stalls 100 115 stalls 100 0 Stalls Note Parking demand for Holiday Inn based upon ULI Shared Parking Study Parking demand upon this study Parking demand for employees etc based upon City Code 45 stalls diningmeetingtrainingretail areas or this study for evening periods 18 stalls TOTAL PARKING DEMAND AND PROPOSED PARKING SUPPLY NO All Uses All Uses 369 Stalls 291 Stalls 179 Stalls 180 Stalls 191 stalls 294 Stalls 322 Stalls 326 Stalls for Staybridge based for employees and The peak parking demand for the Staybridge Inn is estimated at 115 stalls and will occur in the late evening The parking demand for the Holiday Inn is forecast at 211 stalls and will occur in the late evening These demands could occur simultaneously iE both properties are at 100 percent occupancy under the utilization conditions described for the Holiday Inn The potential peak demand for the project is thus 326 stalls and will occur in the late evening The parking demand will be lower at other times The current site plan is tentative however an interim plan shows 378 parking stalls and the final proposed site plan shows 355 parking stalls Katz Okitsu Associates would find that any parking supply in excess of 326 will be adequate to meet the needs of the project The combined site will provide 407 rooms so the net recommended parking supply for the entire project in aggregate is 08 stalls per room or 326 stalls Katz Okitsu Associates 13 CONDITIONAL USE PERMIT Findings The Anaheim Municipal Code requires certain findings to be made before parking waivers can be granted by the Planning Commission On the basis of this report five findings must be made The findings and specific responses are provided as follows 1 The variance under the conditions imposed if any will not cause fewer offstreet parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation o fsuch use The parking study indicates that the parking demand for off street parking spaces will be approximately equal to the parking provided at full occupancy of the hotel the restaurant and the banquet room There will be a surplus of available parking at all other times 2 That the variance under the conditions imposed if any will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity o f the proposed use The proposed project will not cause any significant demand for on street parking spaces since on site parking will be more convenient and there is no significant supply of legal on street parking spaces in the project vicinity 3 That the variance under the conditions unposed if any will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use which property is not expressly provided as parking for such use under an agreement in compliance with Section 1806010020 of the code The proposed project will not cause any demand for parking on private property in the vicinity of the proposed use An adequate supply of parking is provided on the site and all site related parking is expected to occur on the proposed site 4 That the variance under the conditions imposed if any will not increase traffic congestion within the offstreet parking areas or lots provided for such uses The amount of parking demand forecast for the site is equal to or less than the supply provided on site Traffic and parking congestion will not occur because the overall demand for parking at the site is lower than the amount of parking provided and a surplus of parking spaces is expected to exist on the site at all times Prepared for RD Olson Development Parking Study for two Hovels in the City ofAnabeim December 1 1999 CONDITIONAL USE PERMIT NO Vs3 Katz Okitsu Associates 14 5 That the variance under the conditions imposed if any will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the itntnediate vicinity of the proposed use The proposed project will not impede vehicular ingress or egress because the project is not expected to result in demand for on street parking in the vicinity of any driveways or other locations in the project vicinity Sight lines and turning area for existing driveways at public streets will be unaffected by parking for the proposed project Conclusion Recommendations RD Olson Development proposes to build two hotels with 407 guest rooms including 264 rooms without kitchenettes and 143 rooms with kitchenettes The current site plans are tentative however a final parking supply of 355 stalls is proposed Katz Okitsu Associates found that any parking supply in excess of 326 will be adequate to meet the needs of the project We would recommend a rate of 08 stalls per room for this hotel properties with kitchenettes This rate would include parking for hotel staff since their vehicles would be included in the parking surveys Prepared for RD Olson Development Parking Study for two Hovels in she City ofAnaheim December 1 1999 3 DEC 9999 en CONDITIONAL USE PERMegalDI4ISICV 9S1H1f22210 NO Z Katz Okitsu Associates 15 RESOLUTIONNOPC99226ARESOLUTIONOFTHEANAHEIMCITYPLANNINGCOMMISSIONTHATPETITIONFORCONDITIONALUSEPERMITN04153BEGRANTEDWHEREAStheAnaheimCityPlanningCommissiondidreceiveaverifiedPetitionforConditionalUsePermitforcertainrealpropertysituatedintheCityofAnaheimCountyofOrangeStateofCaliforniadescribedasPARCELATHATPORTIONOFTHENORTHEASTQUARTEROFTHENORTHWESTQUARTEROFSECTION26TOWNSHIP4SOUTHRANGE10WESTINTHERANCHOSANJUANCAJONDESANTAANINTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASSHOWNONAMAPRECORDEDINBOOK51PAGE10OFMISCELLANEOUSMAPSRECORDSOFORANGECOUNTYCALIFORNIATOGETHERWITHPARCEL1INTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASSHOWNMISCELLANEOUSMAPSRECORDSOFORANGECOUNTYCALIFORNIATOGETHERWITHONAMAPRECORDEDINBOOK56PAGE11OFPARCELMAPSINTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTYDESCRIBEDASFOLLOWSPARCEL1ASSHOWNANDDESCRIBEDBYLOTLINEADJUSTMENTPLATN0261RECORDEDOCTOBER111991ASINSTRUMENTN091556204OFOFFICIALRECORDSEXCEPTINGTHEREFROMTHATPORTIONDESCRIBEDINTHEDEEDTOTHESTATEOFCALIFORNIARECORDEDFEBRUARY91998ASINSTRUMENTNO19980071396OFOFFICIALRECORDSOFSAIDORANGECOUNTYPARCELBPARCELS2AND3INTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASSHOWNONAMAPRECORDEDINBOOK56PAGE11OFPARCELMAPSINTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTYPARCELCTHATPORTIONOFTHENORTHEASTQUARTEROFTHENORTHWESTQUARTEROFSECTION26INTOWNSHIP4SOUTHRANGE10WESTINTHERANCHOSANJUANCAJONDESANTAANAINTHECITYOFANAHEIMCOUNTYOFORANGESTATEOFCALIFORNIAASSHOWNONAMAPRECORDEDINBOOK51PAGE10MISCELLANEOUSMAPSRECORDSOFORANGECOUNTYCALIFORNIADESCRIBEDASFOLLOWSBEGINNINGATAPOINTINTHESOUTHWESTERLYLINEOFTHELANDCONVEYEDTOTHESTATEOFCALIFORNIABYINSTRUMENTN025258FILEDAPRIL91952INTHEOFFICEOFTHEREGISTRAROFTITLESOFSAIDORANGECOUNTYDISTANTTHEREONNORTH400915WESTALONGSAIDSOUTHWESTERLYLINE12000FEETTHENCESOUTH490945WEST45795FEETTOTHESOUTHERLYLINEOFTHENORTHEASTQUARTEROFSAIDNORTHWESTQUARTERTHENCENORTH895125EASTALONGSAIDSOUTHERLYLINE18404FEETTOAPOINTINALINEWHICHBEARSSOUTH490945WESTFROMCR3848PKDOC1PC99226 ATTACHMENT NO. 5 PTHEPOINTOFBEGINNINGTHENCENORTH490945EAST31829FEETTOTHEPOINTOFBEGINNINGWHEREAStheCityPlanningCommissiondidholdapublichearingattheCivicCenterintheCityofAnaheimonDecember201999at130pmnoticeofsaidpublichearinghavingbeendulygivenasrequiredbylawandinaccordancewiththeprovisionsoftheAnaheimMunicipalCodeChapter1803tohearandconsiderevidenceforandagainstsaidproposedconditionalusepermitandtoinvestigateandmakefindingsandrecommendationsinconnectiontherewithandWHEREASsaidCommissionafterdueinspectioninvestigationandstudymadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreportsofferedatsaidhearingdoesfindanddeterminethefollowingfacts1ThattheproposedusesareproperlyonesforwhichaconditionalusepermitisauthorizedbyAnaheimMunicipaCodeSections1848070050051218480700500513and18480700500525topermitinroomkitchenkitchenettesataproposedextendedstayhotelinteriorbuildingsetbackswhicharelessthantwotimestheheightofthebuildingwherelocatedwithin150feetofpropertyzonedMobilehomeParkMHPOverlayandbuildingheightswhichexceedonehalfthedistancebetweenthebuildingandanMHPOverlayZoneboundaryinconnectionwithaproposed407roomhotelcomplexconsistingofa9story97to113foothigh264roomfullservicehotelanda7story75to81foothigh143roomextendedstayhotelandwiththefollowingwaiversaSection18480700900901Minimumstructuralsetbackandyardrequirementsabuttingpublicrightsofway30footwidefullylandscapedsetbackmeasuredfromtheGeneAutryWayultimaterightofwayrequired36to49footwidebuildingsetbackwitha10footwidelandscapedareaproposedbSections18480700900903Minimuminteriorstructuralsetbackandvardrequirements18480701001002permittedencroachmentsintoreauiredvardandsetbackand18480701101102areasandminimumscreeningabuttingMHPOverlavzonedrpogertvminimum20footwidefullylandscapedinteriorsetbackrequiredadjacenttopropertyzonedMHPOverlay20footwideinteriorsetbackareaadjacenttotheMHPOverlayZoningwith10feetoflandscapingand10feetofparkingproposedcSections1848110120Minimumnumberofparkingspacesand18060500200241394spacesrequired378spacesproposeduntilGeneAutryWayisconstructedtoitsultimatewidthand355spacesproposedafterthestreetisconstructedtoitsultimatewidth2ThatthesubjectpropertyislocatedinDevelopmentArea1CommercialRecreationCRDistrictoftheAnaheimResortSpecificPlanNoSP9223ThatwaiversapertainingtominimumstructuralsetbackandyardrequirementsabuttingpublicrightsofwayandbpertainingtominimuminteriorstructuralsetbackandyardrequirementspermittedencroachmentsintorequiredyardandsetbackareasandminimumscreeningabuttingMHPOverlayzonedpropertyareherebyapprovedonthebasisthattheplansandsupportingdocumentationsubmittedbytheapplicantsupportthefindingsthatspecialcircumstanceshavebeenidentifiedduetothesizeshapeandlocationofthepropertythatdonotapplytootheridenticallyzonedpropertiesinthevicinitybecausethepropertyisirregularlyshapedandthepropertyisimpactedbythefutureconstructionofGeneAutryWayincludingthatwhensaidstreetimprovementsarecompletedthe2PC99226 propertywillbelocatedadjacenttobutwillnothaveanydrivewayaccesstoGeneAutryWayduetothestreetbeingelevatedthatthepropertyadjoinstvuopropertieszonedMHPOverlayalongboththewestandsouthpropertylinesandthatthestrictapplicationoftheZoningCodedeprivesthepropertyofprivilegesenjoyedbyotherpropertiesintheAnaheimResortSpecificPlan4ThatwaivercminimumnumberofparkingpacesisherebyapprovedbasedoninformationcontainedintheapprovedrevisedParkingStudypreparedbyKatzOkitsuandAssociatesanddatedDecember11999andthafgrantingoftheparkingwaiveriscontingentuponoperationoftheuseinconformancewiththeassumptionsrelatingtoaheoperationandintensityoftheuseascontainedintheparkingStudythatformedthebasisforapprovalofthiswaiver5ThattheParkingStudydeterminedthataminimumof326onsiteparkingspaceswillaccommodatetheparkingdemandassociatedwiththeproposedhotelandaccessoryusesandthereforethewaiverwillnotcausefeweroffstreetparkingspacestobeprovidedforsubjecthotelcomplexthanthenumberofsuchspacesnecessarytoaccommodateallvehiclesattributabletotheprojectunderthenormalandreasonableforeseeableconditionsofoperationoftheuse6ThattheproposedonsiteparkingwillaccommodatetheparkingdemandassociatedwithallonsiteusesandwillnotincreasethedemandorcompetitionforonstreetparkingintheimmediatevicinityoftheproposeduseandthattherewillnotbeanyonstreetparkingalongthetwopublicstreetsadjacenttothepropertyManchesterAvenueandthefutureGeneAutryWay7Thattrafficcongestionwillnotoccurwithintheonsiteoffstreetparkingareasbecausetheoveralldemandforparkingatthesiteislowerthantheamountofparkingproposedandasurplusofonsiteparkingspacesisexpected8ThattheparkingareahasbeendesignedsothatitwillnotimpedevehicularingresstooregressfromadjacentpropertiesthattheparkingareahasbeendesignedtoprovidesufficientonsitestackingforvehiclesexitingandturningrightontoManchesterAvenuewhichwillbeaonewaystreetandthatnovehicleaccessisproposedtothefutureGeneAutryWay9Thattheproposedusewillnotadverselyaffecttheadjoininglandusesandthegrowthanddevelopmentoftheareainwhichitisproposedtobelocated10Thatthesizeandshapeofthesitefortheproposeduseisadequatetoallowfulldevelopmentoftheproposalinamannernotdetrimentaltotheparticularareanortothepeacehealthsafetyandgeneralwelfare11ThatthetrafficgeneratedbytheproposedusewillnotimposeanundueburdenuponthestreetsandhighwaysdesignedandimprovedtocarrythetrafficintheareaasdemonstratedintherevisedParkingStudy12ThatgrantingofthisconditionalusepermitundertheconditionsimposedwillnotbedetrimentaltothepeacehealthsafetyandgeneralwelfareofthecitizensoftheCityofAnaheim13ThatnooneindicatedtheirpresenceatthepublichearinginoppositiontotheproposalandthatnocorrespondencewasreceivedinoppositionCALIFORNIAENVIRONMENTALQUALITYACTFINDINGThattheAnaheimCityPlanningCommissionhasreviewedtheproposalfora407roomhotelcomplexconsistingofa9story97to113foothigh264roomfullservicehotelanda7story75to81foothigh143roomextendedstayhotelwithinroomkitchenkitchenetteswithinteriorbuildingsetbackswhicharelessthantwotimestheheightofthebuildingwherelocatedwithin150feetofpropertyzonedMobilehomeParkMHPOverlayandwithbuildingheightswhichexceedonehalfthedistancebetweenthebuildingandanMHPOverlayZoneboundaryandwithwaiversofaminimumstructuralsetbackandyardrequirementsabuttingpublicrightsofwaybminimuminteriorstructuralsetbackandyardrequirementspermitted3PC99226 JiencroachmentsintorequiredyardandsetbackareasandminimumscreeningabuttingMHPOverlayzonedpropertyandcminimumnumberofparkingspacesona601acreirregularlyshapedpropertyhavingafrontageofapproximately677feetonthesouthwestsideofManchesterAvenueamaximumdepthofapproximately560feetbeinglocatedapproximately800feetsouthofthecenterlineofKatellaAvenueandfurtherdescribedas18551925SouthManchesterAvenueanddoesherebydeterminethatthepreviouslycertifiedEnvironmentalmpactReportNo313inadequatetoserveasherequiredenvironmentaldocumentationNOWTHEREFOREBEITRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebygrantsubjectPetitionforConditionalUsePermituponthefollowingconditionswhichareherebyfoundtobeanecessaryprerequisitetotheproposeduseofthesubjectpropertyinordertopreservethesafetyandgeneralwelfareoftheCitizensoftheCityofAnaheim1ThatthepropertyownerdevelopershallberesponsibleforcompliancewithallthemitigationmeasuressetforthinMitigationMonitoringPlanNo027specificallycreatedforthisprojectandforcomplyingwiththemonitoringandreportingrequirementsestablishedbytheCityofAnaheimincompliancewithSection210816ofthePublicResourcesCodeFurthermorethepropertyownerdevelopershallberesponsibleforanydirectcostsassociatedwiththemonitoringandreportingrequirementstoensureimplementationofthosemitigationmeasuresidentifiedinMitigationMonitoringPlanNo027whichismadeapartoftheseconditionsofapprovalbyreference2ThatthepropertyownerdevelopershallcomplywithConditionNos1267891011113141516171819202123242526272829303132333435363738394041and44assetforthinOrdinanceNo5454adoptedbytheCityCouncilonSeptember271994inconnectionwiththeadoptionoftheAnaheimResortSpecificPlanNo922saidconditionsbeingincorporatedhereinbyreferenceasifsetforthintheirentirety3ThatgrantingoftheparkingwaiveriscontingentuporroperationoftheuseinconformancewiththeassumptionsandorconclusionsrelatingtotheoperationandintensityofuseascontainedintherevisedParkingStudypreparedbyKatzOkitsuandAssociatesanddatedDecember11999thatformedthebasisforapprovalofsaidwaiverExceedingviolatingintensifyingorotherwisedeviatingfromanyofsaidassumptionsandorconclusionsascontainedintherevisedParkingStudyshallbedeemedaviolationoftheexpressedconditionsimposeduponsaidwaiverwhichshallsubjectthisConditionalUsePermittoterminationormodificationpursuanttotheprovisionsofSections1803091and1803092oftheAnaheimMunicipalCode4Thatpriortotheissuanceofagradingpermitorthefirstbuildingpermitincludingfoundationonlypermitswhicheveroccursfirstalotlineadjustmentconsolidatingalloftheparcelswhichcomprisethesubjectpropertyintoone1parcelshallbesubmittedtothePublicWorksDepartmentforreviewandapprovalbytheCityEngineerandthatsaidlotlineadjustmentshallthenberecordedintheOrangeCountyRecordersOffice5AspartoftheFinalSitePlanapplicationplansshallbesubmittedtothePlanningDepartmentshowingadenselayeredlandscapescreenconsistingoftreesplantedatnogreaterseparationsthanten10feetoncentershrubsclingingvinesandgroundcovertobeinstalledintheten10footwidelandscapesetbackareasalongandadjacenttothenorthwestandsouthpropertylinesThetreedensityshallbeinaccordancewiththeVeryDenseTreeDensityFactorsetforthintheDesignPlanoftheAnaheimResortSpecificPlanatapointfactorof08orgreaterandshallbeequivalenttothetreedensitythatwouldbeotherwiseassociatedwithatwenty20footwideinteriorsetbackareaalongsaidpropertylinesPriortofinalbuildingandzoninginspectionsthepropertyownerdevelopershallsubmitalettertothePlanningDepartmentfromalicensedlandscapearchitectcertifyingthatthelandscapeinstallationandirrigationsystemshavebeeninstalledincompliancewiththeapprovedlandscapeplanreflectiveofthiscondition4PC99226 6Thatongoingduringoperationofthehotelsthereshallbenotractortrailerparkingpermittedonsiteandthatthereshallbenooutdoorstorageofvehiclesorotheritemsintheparkinglotarea7Thatwithinaperiodofone1yearfromthedateofthisresolutionandpriortoissuanceofagradingpermitorthefirstbuildingpermitincludingfoundationonlypermitswhicheveroccursfirstthepropertyownerdevelopershallsubmitacompleteFinalSitePlanapplicationtothePlanningDepartmentforreviewandapprovalbythePlanningCommission8Thafiongoingduringoperationofthehotelsguestroomsshallnoteberentedorletforperiodsoflessthantwelve12consecutivehoursormorethanthirty30consecutivedays9Thatongoingduringoperationofthehotelseveryoccupiedguestroomshallbeprovidedwithdailymaidservice10ThatongoingduringoperationofthehotelsthehoteloperatormanagershallmaintainacompleteguestregistryorguestcardsystemwhichincludesthefullnameaddressdateofbirthandverifieddriverslicenseorlegalidentificationandvehicleregistrationnumberofallregisteredguestsdateofregistrationlengthofstayandroomratewhichshallbemadeavailableupondemandbyanypoliceofficercodeenforcementofFicerorlicenseinspectoroftheCityofAnaheim11ThatongoingduringoperationofthehotelsastatementshallbeprintedonthefaceoftheguestregistrationcardtobecompletedbytheguestwhenregisteringadvisingthattheregisterisopentoinspectionbyanypoliceofficercodeenforcementofficerorlicenseinspectoroftheCityofAnaheimoranyotherCityofAnaheimpersonnelforlawcodelicenseenforcementpurposes12ThatongoingduringoperationofthehotelsthepropertyowneroperatorofthehotelshallcomplywiththeprovisionsofSection212020oftheAnaheimMunicipalCodepertainingtotheoperatooscollectionoftransientoccupancytaxes13ThatongoingduringoperationofthehotelsallavailableroomratesshallbeprominentlydisplayedinaconspicuousplaceintheofficeorlobbyareaofeachhotelclearlyvisibletohotelguestsandthafithepropertyownerandorhoteloperatorshallcomplywiththeprovisionsofSection409010oftheAnaheimMunicipalCodepertainingtothepostingofroomrates14Thatnopayphonessha11bepermittedoutsidethebuildingsanywhereontheproperty15ThatpriortothefirstfinalbuildingandzoninginspectionthepropertyownerdevelopershallinstallsignsattheproposeddrivewayexitindicatingrightturnonlyR59andnoleftturnR17ThesignspecificationformaterialsandinstallationshallconformtotheCaliforniaDepartmentofTransportationTrafficManualandshallalsobesubjecttoreviewandapprovalbytheCitysTrafficandTransportationManager16ThatongoingduringoperationofthehotelsthehotelsshalloperateinconformancewiththelettersofOperationdatedDecember131999andJuly311999submittedbythepetitionerwhichlettersareprovidedasAttachmentAtotheDecember201999StaffReporttothePlanningCommissionandareincorporatedhereinbyreferenceasifsetforthintheirentiretyViolationoroperationcontrarytosaidlettersofoperationshallsubjectthisConditionalUsePermittoterminationormodificationpursuanttotheprovisionsofSections1803091and1803092oftheAnaheimMunicipalCode5PC99226 u1TThatpriortocommencementofactivitiesauthorizedbythisresolutionorpriortofinalbuildingandzoninginspectionswhicheveroccursfirstsubjectpropertyshallbedevelopedsubstantiallyinaccordancewiththebuildingJayoutandorientationonsiteparkingandcirculationstructuralsetbackandyardareasfloorareasandbuildingheightsshownontheplansandspecificationssubmittedtotheCityofAnaheimbythepetitionerandwhichplansareonfilewiththePlanningDepartmentmarkedExhibitNos4through10andtheapprovedFinalSitePlanpursuanttoConditionNo718ThatapprovalofthisapplicationconstitutesapprovaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipalZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnotincltadeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyotherapplicableordinanceregulationorrequirementBEITFURTHERRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebyfindanddeterminethatadoptionofthisResolutionisexpresslypredicateduponapplicantscompliancewitheachandalloftheconditionshereinabovesetforthShouldanysuchconditionoranypartthereofbedeclaredinvalidorunenforceablebythefinaljudgmentofanycourtofcompetentjurisdictionthenthisResolutionandanyapprovalshereincontainedshallbedeemednullandvoidTHEFOREGOINGRESOLUTIONwasadoptedatthePlanningCommissionmeetingofDecember201999OriginalsignedbyPhyilisRBoydstuntCHAIRPERSONANAHEIMCITYPLANNINGCOMMISSIONATTESTOriginssignedbyiVlargaritaSoiorioSECRETARYANAHEIMCITYPLANNINGCOMMISSIONSTATEOFCALIFORNIACOUNTYOFORANGEssCITYOFANAHEIM1MargaritaSoiorioSecretaryoftheAnaheimCityPlanningCommissiondoherebycertifythattheforegoingresolutionwaspassedandadoptedatameetingoftheAnaheimCityPlanningCommissionheldonDecember201999bythefollowingvoteofthemembersthereofAYESCOMMISSIONERSBOSTWICKBOYDSTUNBRISTOLKOOSNAPOLESVANDERBILTNOESCOMMISSIONERSNONEABSENTCOMMISSIONERSARNOLDINWITNESSWHEREOFlhavehereuntosetmyhandthisdayof2000originalsignedbyirargaritaSoiriaSECRETARYANAHEIMCITYPLANNINGCOMMISSION6PC99226 ATTACHMENT NO. 6 1ItfiIVVUCKATELLAAVENUENL666714p565793G9iGCuP3345MLZ95CuP31016667t4oCjCUP2698555621ZivAtCUP3345sPART9vSTOREyo92qSR92CUP3029NLMOBILEHOMISP9226667145556213MOBILEHOMEPARKYACjpZSP922ACCESSDRLVECUP821QSP922MOBILE1DUHOME9SP922727331Sp922ti868728spyF458sPg226263015959CUP415360610591CUP47ACUP8CUP4153bo7t34SP922trAC565792k56575oTv2488T7o7t34828319MHPOVERLAYC2536wF56679256575otyACyniuEONZYyrtltT8779CP4U7YiM08ILEHOMENTvsACAPARKSP298268876o6t05P4iCU53CPU2648v28VAVCANT9Lt40737NACAFi626597GF6T05575VT1817TRACTN0353592SP922Z596055868728SP922MOBILEQ4DU8DU8DUSP922656612V904HOME828319cuP1464PWAKEFIELDAVENUEMHPOVERLAYZONEvt717v276CH727354CUP4ZCOPIERANDCUP1361ZW4DU8DU8DUMOBILEHOMEPARKFAXMACHINEHOIJROOMV2726BAUEROJAGUARSubjectProperty4153DateDecember20999ConditionalUsePermitNoScale1200RequestedByRDOLSONREALESTATEGROUPINCQSNo98TOPERMITA407ROOMHOTELCOMPLEXCONSISTINGOFAgSTORY264ROOMFULLSERVICEHOTELANDA7STORY143ROOMEXTENDEDSTAYHOTELWITHINROOMKITCHEPJKITCHENETTEFACILITIESANDBUILDINGHEIGHTSEXCEEDINGONEHALFTHEDISTANCEFROMPROPERTYENCOMPASSEDBYTHEMOBILEHOMEPARKMHPOVERLAYZONEJITHWAIVERS18551925SouthManchesterAvenue ATTACHMENT NO. 7 liwwxThisplatisforyouraidinlocatingyourlandwithreferencetostreetsandotherparcelsWhilethisplatIsbelievedtobecorrecttheCompanyAssumesnoliabilityforanylossoccurringbyreasonofreliancethereonCLTLawyersjitleCmpanyPARN12NMf4SEC26T4SR10M137X32rH15WPYASPRCPAREOf07LpARCfCawfrAssfssnaDErIPLwvosESaer1NEASSfSSL1QAGRfSNOCUARANIfAS70SACCLWACrgLrtASSCESANrLABLfY1fQPO7gfRUSESNOl70BfgEPRQDUCEDALRCN75RSfRrfOoCLwrRIWILOPAMGfCOLwrYASSESSLN1996ss23JKATELLAAVENUEnLr6KATELLArAVENGEIIErrIIyaTRAiCTIIICzJtACrUZoyiiis9zoosZD82wr0grO3PARff78saZQwennND498AmooQQ20yByeFaW48rw7ae84tSCaIrtoyJNWmKpv79321mssvxd6iliUoMSSN1121025Aro47Qb4sGrntiypxrYCAVKSLIEtLfNMr10jrl343343490ulLi9l44pAGlRCN1961TRACTNOf98ALMr92fNOTEASSESSORSBLOCKdASSESSORSAfAPPARCELIUAPPM48f056fl689PARCELNUMBERSBOOK137PACE32SNOIYNNCIRCLESCOUNTYOFORANGEa ATTACHMENT NO. 8 ATTACHMENT NO. 9 2499/012377-0108 3144848.2 a03/22/12 MEMORANDUM TO: Planning Director FROM: David B. Cosgrove, Counsel for the City of Anaheim DATE: March 22, 2012 FILE NO.: 012377-0108 RE: Legal Analysis of Michael Leifer's Opposition to Approval of Conditional Use Permit No. 2011-05573 and Variance No. 2011-04870 On behalf of his clients – Hospitality Properties Trust and Intercontinental Hotels Group – attorney Michael H. Leifer submitted a letter to the Planning Commission dated January 17, 2012, opposing the City of Anaheim’s (“City”) application for Conditional Use Permit No. 2011- 05573 and Variance No. 2011-0428 (collectively, “CUP No. 2011-05573”). In the March 26, 2012 Planning Commission Report (the “March 26th Report”), City Staff provided a brief response to Mr. Leifer’s concerns. This memorandum supplements the March 26th Report with the legal authority supporting the City’s position. FN: For a summary of the events leading up to the City’s application for CUP No. 2011- 05573, please refer to the “Background” section of the March 26th Report. I. ORAL REPRESENTATIONS FROM CITY REPRESENTATIVES CANNOT CREATE AN ENFORCEABL E CONTRACT In his letter, Mr. Leifer appears to argue that, because his clients invested substantial resources in reliance on oral and informal written representations that the City might provide a parking structure in connection with the Gene Autry Way overpass project, the City entered an enforceable contract. This argument is legally and factually inaccurate. Informal representation(s) could not, as a matter of law, create an enforceable contract with the City. Section 518 of the City’s Charter explicitly provides: “The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Council or by such officer or officers as shall be designated by City Council.” Settled caselaw provides that, “where a charter requires approval by the city council and signature by the mayor or other authorized person, a contract that was not signed by the mayor cannot be enforced.” (S. Bay Senior Hous. Corp. v. City of Hawthorne (1997) 56 Cal.App.4th 1231, 1236, citing Frick v. City of Los Angeles (1896) 115 Cal. 512, 514-516; see also G. L. Mezzetta v. City of Am. Canyon (2000) 78 Cal.App.4th 1087, 1093, citing Gov. Code § 40602 [explaining that, like charter cities, general law cities are also bound by the “the requirement that contracts with the City be in writing, approved by the city council, approved as to form by the city attorney, and signed by either the mayor or the city manager”].) As a rule, “[a] contract entered into by a local ATTACHMENT NO. 10 Planning Director March 22, 2012 Page 2 2499/012377-0108 3144848.2 a03/22/12 government without legal authority is ‘wholly void,’ ultra vires, and unenforceable.” (G. L. Mezzetta v. City of Am. Canyon (2001) 78 Cal.App.4th 1087, 1092, quoting Midway Orchards v. County of Butte (1990) 220 Cal.App.3d 765, 78.) This is true even if the other party expended substantial money and/or resources in reliance on the City’s representations. (See, e.g., Dynamic Ind. Co. v. City of Long Beach (1958) 159 Cal.App.2d 294, 298-299 [where a charter requires approval by the city council and signature by the city manager or other authorized person, there is no valid contract if it is not signed by an authorized person and “[t]he fact that [the other party] expended a substantial sum in reliance upon the [city council’s] resolution is immaterial in view of the charter limitation”]; McCann v. City of Los Angeles (1978) 79 Cal. App. 3d 112, 118-119 [“The deputy city attorney’s oral statement at the February meeting could not bind the city to a $ 32,000 contract in violation of city charter provisions requiring such contracts to be in writing and signed by authorized persons following bidding procedures. [Citing city charter.] Plaintiff’s alleged reliance thereon cannot create an estoppel where application of estoppel against a governmental entity would result in nullification of a strong rule of policy adopted for the benefit of the public.”].) Here, the City’s records do not indicate that the City made any representations that it would build a below ground parking structure. As discussed in the March 26th report, the underground parking structure was – at most – a “tentative” site plan. (See Parking Study, pp. 13, 15 [Attachment No. __ to March 26th Staff Report].) Accordingly, Mr. Leifer’s clients’ reliance on these 1999 land use entitlements is misplaced. II. A CUP IS NOT A “CONT RACT” Mr. Leifer appears to argue that the land use entitlements the City approved in 1999 – CUP No. 4153 – created contractual rights. This argument is meritless. A permit is not a contract. (County of Mendocino v. Williams Communs. (N.D. Cal. 2006) 2006 U.S. Dist. LEXIS 34198, at *12 [“California courts have also specifically held that permits are not contracts”]; see, e.g., County Sanitation Dist. v. Superior Court (1990) 218 Cal.App.3d 98, 108 [holding that a wastewater discharge permit was not a contract]; Scott-Free River Expeditions, Inc. v. County of El Dorado (1988) 203 Cal.App.3d 896, 913 [holding that county permit authorizing use of a navigable river for commercial rafting was not a contract]; 16 Ops. Atty. Gen. 29, 30 (Opinion No. 50-113, July 28, 1950) [issuing an opinion stating that a licence or permit issued by the State in exercise of its police power, permitting conduct of activity otherwise unlawful, is not a contract and confers no vested right in the sense that the law under which it is passed cannot ever be amended or repealed]; California Bio-Mass v. City of San Bernardino (Cal. App. 4th Dist. Oct. 18, 2006) 2006 Cal. App. Unpub. LEXIS 9728, *59-52, citing Gov. Code § 65901(a) [explaining that “a CUP is not a contract or agreement”; rather, “[a] CUP represents an exercise of a municipality’s police power, as embodied in its zoning ordinance, to provide for variances from that ordinance.”].) Moreover, as discussed above, the Parking Study submitted with CUP Planning Director March 22, 2012 Page 3 2499/012377-0108 3144848.2 a03/22/12 No. 4153 specified that the site plans were merely “tentative.” (See Parking Study, pp. 13, 15 [Attachment No. __ to March 26th Staff Report].) III. A CUP CANNOT ENTITLE PROPERTY THAT FALLS OUTSIDE THE SCOPE OF ITS LEGAL DESCRIPTION Like any other type of permit, a CUP cannot convey entitlements to property that is not included within the CUP’s legal description. (See, e.g., People v. Osborn (2004) 116 Cal.App.4th 764, 772 [“A valid permit would not immunize a permittee who acted outside the scope of the permit”].) As discussed in the March 26th Report, the properties identified in CUP No. 4153 (1855 – 1925 South Manchester Avenue) are different from the properties identified in City-initiated application for CUP No. 2011-05573 (1929 – 1937 South Manchester Avenue). Moreover, to avoid any confusion, the Planning Commission Resolution recommending approval of CUP No. 4153 includes a legal description of the property the CUP affects. (See Resolution No. PC99-226 (Dec. 20, 1999).) This legal description does not include any of the properties that are the focus of the City-initiated application for CUP No. 2011-0553. Accordingly, CUP No. 4153 could not have created entitlements for these properties. * * * If you have any questions about the foregoing memorandum, please contact counsel for the City of Anaheim. From:Ted White To:Elly Morris Subject:FW: Opposition to Public Works" application concerning Hotel Site impacted by City"s Gene Autry Overpass Date:Monday, March 26, 2012 3:26:19 PM Attachments:Staff Report 12 20 99.pdf New Correspondence – Item No. 5 (including email and attachment) From: Michael H. Leifer [mailto:mleifer@ptwww.com] Sent: Monday, March 26, 2012 2:28 PM To: 'stephen@faessels.net'; 'mlieberman92805@gmail.com'; 'itps194@yahoo.com'; 'ramirez.victoria@gmail.com'; 'Cosgrove, David'; Ted White; 'pagarwal7@hotmail.com'; CJ Amstrup; 'seymour.j@sbcglobal.net'; 'dcosgrove@rutan.com' Cc: Michelle M. Pase; Michael Kehoe Subject: Opposition to Public Works' application concerning Hotel Site impacted by City's Gene Autry Overpass Dear Planning Commission Chair and members of the Commission: On behalf of the Hotel owner/operator Hospitality Properties Trust/ Intercontinental Hotel Group, based upon our review concerning the very recent Staff submittal to you, we believe that Staff has not provided you with the Staff report that was a very significant basis of the Commission's consideration of the Hotel Site approval in 1999. You may have been provided with portions of CUP 4153, but not the Staff report. Therefore, we are attaching a copy for your convenience and consideration. We have highlighted some pertinent sections. As you have hopefully been informed, we are requesting a continuance of this matter to the next hearing. Staff had approximately 2 months to consider our comments to the application, we were provided about 2 business days to respond to Staff. Thank you. Very truly yours, Mike Leifer Cc: CJ Amstrup, Ted White, David Cosgrove, Client ATTACHMENT NO. 1 Updated 3/15/12 1 ZONING CODE AMENDMENT NO. 2012-00106 EXECUTIVE SUMMARY As a part of this code amendment, general updates were made throughout the code to make definitions, land use categories and cross-references consistent with the changes proposed. The following is a summary of the changes proposed in the ordinance. 1. The following seven chapters from Title 4 have been eliminated because these land use specific regulations are either covered through a different process or they are regulated through different means: a. Bus Shelters b. Amusement Devices – Pinball Machines c. Figure Model Studio Establishments d. Fortunetelling e. Private Patrols f. Tattooing Establishments and Operations g. Dance Studio & Social Studio Establishments All regulatory permits have been consolidated into one chapter within Title 18 (Zoning). Renewals for certain permits have been eliminated, processing time has been reduced, and multiple applications will be consolidated into one. This also includes the transfer of project management from the Business License Division to the Planning Services Division. The following eight chapters of Title 4 (Business Regulation) have been integrated into Title 18 with this code amendment: a. Amusement Devices b. Amusement & Entertainment – Premises Dances c. Amusement & Entertainment – Premises Pool Rooms d. Amusement & Entertainment – Premises Restaurants and Bars e. Auctions f. Carnivals & Circuses g. Christmas Tree Lots & Pumpkin Patches h. Massage Establishments i. Smoking Lounges 2. Definitions and terminology of all dance and entertainment related uses have been updated and moved into the Zoning Code. A new land use category named “Entertainment Venue” has been created. 3. Changed the following 16 land uses from requiring a CUP to allowed by right: a. Animal Boarding – allowed by right if conducted entirely indoors in both Commercial and Industrial Zones. b. Animal Grooming if conducted entirely indoors in Industrial Zone. c. Broadcast antennas that are designed as a stealth facility (to match telecommunications antennas) in both Commercial and Industrial Zones. d. Commercial Retail Centers. e. Convenience Stores. f. Day Care Centers within office buildings. g. Educational Institutions–Business when there are ten or less students. h. Large Equipment Rental if equipment is completely screened in both Commercial and Industrial Zones. i. Small Equipment Rental if conducted indoors in Commercial Zones. j. Small Markets. k. Recreation – Billiards without alcohol in Commercial Zones. l. Recreation – Swimming & Tennis if conducted indoors in Commercial Zones. m. Automotive Parts Sales if conducted indoors in Industrial Zone. ATTACHMENT NO. 1 Updated 3/15/12 2 n. Outdoor Storage Yard if screened from view in Industrial Zone. o. Limited Repair Services in Industrial Zone. p. Veterinary Services in both Commercial and Industrial Zones. 4. The following three land uses have changed to be permitted in zones that were prohibited before: a. Animal Grooming in Commercial Zones b. Automotive Parts Sales in Commercial Zones c. Large Equipment Rental in Commercial Zones 5. Incorporated new standard conditions into code requirements for the following land uses that are now allowed by right: a. Recreation – Billiards b. Updated the Convenience Markets conditions c. Commercial Centers d. Markets e. Updated the Outdoor Storage conditions f. Veterinary Services and Animal Grooming 6. The land use category name of Restaurant Semi-Enclosed has been clarified to Restaurant Outdoor Dining. 7. Added provisions in the Transition Zone that would allow a single-family home to follow single-family zone standards instead of the greater Transition Zone standards. This would make the “T” Zone consistent with the multiple family zones. 8. A new accessory land use category of “Entertainment – Accessory” was created to reinforce the ability for certain zones to have accessory entertainment. 9. Amusement Devices now include both arcade games and pool tables. The total number of units allowed without a conditional use permit was increased to 6 for both types of facilities combined. 10. All smoking lounge regulations are consolidated into the new Regulatory permits chapter. 11. For the Specimen Tree Removal Permit, the code was clarified to indicate the difference between the discretionary and administrative permit. The amendment also clarifies that certain trees planted by the homeowner in their yard is not subject to tree removal permit. 12. Clarified the code to provide the Planning Director the ability to determine the appropriate land use category for land uses that are not specifically listed. 13. Entertainment related land uses were pulled out of the Recreation Commercial Indoor land use category and put in new land use category of Entertainment Venue. 14. Clarified that restaurants that become nightclubs require a conditional use permit as an Entertainment Venue. 15. Changed the Education – Tutoring land use category to increase the number of children to instructor ratio from one to one, to ten to one. 16. Updated out of date terms or land use descriptions (e.g. removed ‘turkish bath’ as a defined use and substituted with ‘spa’). 17. The land use definitions for General Industrial and Limited Industrial were modified to allow more uses by right in the Light Industrial land use category. It also gives staff more discretion in determining which land use category a business would fall under based on its impacts to surrounding property. ATTACHMENT NO. 1 Updated 3/15/12 3 18. Eliminated Retail – Regional Sales as a land use category because it has not been used and the general Retail land use category can be used instead. 19. Carnivals, circuses, Christmas tree lot and pumpkins patches are now a part of the special event permit process. A deposit is no longer required for clean up, but we are including one hour of Code Enforcement staff time to conduct a post event inspection. This will save the applicant from having to submit a deposit and wait for it to be returned. 20. Added special event provisions allowing displays every weekend with a special event permit for auto sales facilities that are adjacent to the freeway and at least five acres in size. 21. Industrially zoned properties are now allowed to apply for a special event permit for flags and banners. 22. Multiple family projects are permitted to display rental banners, flags and balloons for one 3-day weekend per month for a total of 36 days with a special event permit. 23. Allow non-residential uses to share parking facilities provided they have different peak times, eliminating the need for parking variances. 24. Allow staff discretion on determining if a parking justification letter or parking demand study will need to be prepared for a project. 25. Increased parking requirement for bars and nightclubs and entertainment venues to 17/1,000 plus 29/1,000 for the dance floor. 26. Clarified wall sign provisions to address the different building types such as multi-story office buildings and inline commercial centers. 27. Reduced definition of supermarket in recycling permit to 10,000 to match definition in the code and clarify that a recycling facility must be in conjunction with an operating supermarket. 28. Deleted the two year limitation on a recycling permit. 29. Added new provisions to the nonconforming section for properties made nonconforming by public acquisition. 30. Added provisions to allow Administrative Adjustments for deviations on properties affected by public acquisition. 31. Extended the time permitted to exercise an entitlement to two years. 32. Changes to specific plans to reflect changes in definitions and land use categories relating to regulatory permit changes. [DRAFT] ATTACHMENT NO. 2 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLES 3, 4, 6, 7, 8 AND 18 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 3.32.020 of Chapter 3.32 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 3.32.020 PUBLIC DANCE HALLS—DINNER DANCING PLACES. .010 Every person conducting, managing or operating a Dance Venue Public Dance Hall or Dinner Dancing PlaceRestaurant with Accessory Entertainment-Dance shall pay an annual license tax of two hundred fifty dollars. Every person conducting, managing or operating a Public DanceDance-One-day shall pay a license tax of twenty-five dollars per public dance. .020 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: "Public Dance Hall Dance Venue" is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week. "Public danceDance One-day" is a dance open to the public for an admittance fee or charge, which is held on one day only, or not at regular intervals or on regular days of the week. "Dinner dancing placeRestaurant with Accessory Entertainment-Dance" is a place where music is provided and the public is permitted to dance without payment of fee. SECTION 2. That Chapter 4.07 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 3. That Chapter 4.12 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 4. [DRAFT] ATTACHMENT NO. 2 2 That Chapter 4.14 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 5. That Chapter 4.16 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 6. That Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 7. That Chapter 4.22 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 8. That Chapter 4.24 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 9. That Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 10. That Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 11. That Chapter 4.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 12. That Chapter 4.53 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 13. [DRAFT] ATTACHMENT NO. 2 3 That Chapter 4.60 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 14. That Chapter 4.70 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 15. That Chapter 4.97 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 16. That Chapter 6.42 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 17. That subsection .020 of Section 7.16.060 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 The prohibitions set forth in subsection .010 of this section shall not apply to: .0201 Any child under ten years of age; or .0202 Any person while participating in any activity authorized pursuant to Chapter 4.31 for a Figure Model Studio as defined in Chapter 18.92 of the Anaheim Municipal Code; or .0203 Any acts prohibited, or the prohibition of which is preempted, by any provision of state law. SECTION 18. That subsections .030 and .040 of Section 7.20.030 of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .030 The term "amusement device" as used in Section 18.16.060Chapter 4.14 of this Code shall be deemed to include the term "redemption game" as defined in subsection .010 of this section notwithstanding any other provision of Chapter Section 4.1418.16.060 to the contrary. .040 Redemption game permits and redemption game arcade permits shall be processed, approved, denied and revoked to the same extent and in the same manner as set forth in Chapter 4.1418.16.060 of this Code for the processing, approval, denial and revocation of amusement device permits and/or amusement device arcade permits, respectively, except as follows: [DRAFT] ATTACHMENT NO. 2 4 .0401 The provisions of subsection .080 of Section 4.14.030 of this Code shall not apply to such permit.0402 A separate application shall be filed for each such redemption game and each such application shall contain the following information in addition to the information required by Section 18.16.060.0204.14.030 .01 A statement that chance is not a determining factor in the result of such game nor in the award of any prize, merchandise, tokens, or other thing or representative of value based upon the result of such game. The Chief of Police or his designated representative may require additional information or evidence to establish the validity of such statement as part of the application process. of this Code: .02 A statement of the rules of such game including the manner in which the result of such game and the award of any prize, merchandise, tokens, or other thing or representative of value is determined. .03 A statement of the minimum amount of money or other thing or representative of value necessary to be risked by the player or participant in such game which minimum amount shall not exceed one dollar. .04 A statement that neither money nor tokens or other representative of value redeemable for money shall be awarded as prizes in such game. SECTION 19. That subsection .020 of Section 8.20.020 of Chapter 8.20 of Title 8 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Wild Animals in Circuses, Carnivals, Exhibits or Shows. Any wild animals which are kept and confined and placed on exhibit in a circus, carnival or any other type of exhibit or show in accordance with a permit issued pursuant to Chapter 4.5318.38.095 of this Code; provided, however, the Health Inspection Fees shall have been obtained as required by Title 8, Chapter 8.08, Section 8.08.010, et seq., of the Anaheim Municipal Code, for all wild animals in circuses, carnivals, exhibits or shows; SECTION 20. That Section 18.04.160 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.04.160 DEVELOPMENT IN THE RS-4 ZONE. .010 Conditional Use Permit. All development in the RS-4 Zone shall be subject to the approval by the Planning Commission of an application for a conditional use permit. The application shall be processed pursuant to Chapter 18.66 (Conditional Use Permits). [DRAFT] ATTACHMENT NO. 2 5 .020 Maximum Density. The maximum density of residential units in the RS-4 Zone shall be eleven (11) dwelling units per net acre. .030 020 Lot Area and Width. The lot area and width shall be established by the site plan approved through the conditional use permit. .040 030 Modification of Other Standards. The minimum floor area as set forth in Table 4-G, the maximum lot coverage as set forth in Table 4-H, and the minimum setbacks as set forth in Table 4-I may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. .050 040 Guidelines. An application for a conditional use permit shall be reviewed using the "Guidelines for Small-Lot Development" adopted by resolution of the Planning Commission, as may be amended from time to time. .060 050 Application. The application for a conditional use permit shall be submitted on forms approved by the Planning Director. .070 060 Findings. Before the Planning Commission approves the conditional use permit, it must make all of the following findings based on the plans submitted by the applicant: .0701 0601 The uses within the project are compatible; .0702 0602 New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; .0703 0603 Vehicular and pedestrian access are adequate; .0704 0604 The project is consistent with any adopted design guidelines applicable to the parcel or parcels; .0705 0605 The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; .0706 0606 The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .0707 0607 The impact upon the surrounding area has been mitigated to the maximum extent practicable; .0708 0608 The project complies with the General Plan and Subdivision Map Act; and .0709 0609 The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. [DRAFT] ATTACHMENT NO. 2 6 .080070 Maintenance. If the ownership of part or all of any development is designed, intended or proposed to be divided into any form of joint group/individual ownership, i.e., exclusive right of occupancy or interest in any portion of the development coupled with an undivided interest in any portion of the development (including air space subdivisions), the corporation or limited partnership shall have the responsibility to maintain the buildings and use of the property for residential development. All mutually available features, such as recreational areas, community buildings and landscaping, as well as the general appearance of the premises and buildings, shall be adequately and professionally maintained as indicated on the approved final development plans. These provisions shall be included in a maintenance covenant, which shall be submitted to, and approved by, the City Attorney prior to recordation in the Office of the Orange County Recorder. SECTION 21. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C-NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens’ Housing C C C N N Senior Citizens’ Apartment projects subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Sales– Off-Sale C C C C C Conditional use permit not required if use is in conjunction with Markets– Large; in O-L and O-H Zones, must be clearly accessory to and integrated with an office building [DRAFT] ATTACHMENT NO. 2 7 Alcoholic Beverage Sales– On-Sale C C C C C Ambulance Services N C C N N Animal Boarding NC NC C NC NC Permitted without a Conditional Use Permit when conducted entirely indoors subject to §18.38.270 Animal Grooming P NP P NP NP Antennas–Broadcasting C C C C C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312. Antennas– Telecommunications- Stealth Building-Mounted T T T T T Subject to § 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground-Mounted T T T T T Subject to § 18.38.060 Antennas– Telecommunications Ground-Mounted (Non- Stealth) N N N N N Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 Automotive–Car Sales & Rental N N C N N Subject to §18.38.200 Automotive–Car Sales, Retail of Wholesale (Office Use Only) P P P P P Subject to § 18.38.065 Automotive–Public Parking C C C C C Automotive–Parts Sales CP P P N N [DRAFT] ATTACHMENT NO. 2 8 Automotive–Repair & Modification C C C N N Automotive–Service Stations C C C C C Subject to §18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to §18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to §18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers CP CP CP N N Subject to §18.38.115 Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Convalescent & Rest Homes N N C N N Convenience Stores CP CP CP CP CP Subject to § 18.38.110; in O-L and O-H Zones, must be clearly accessory to and integrated with an office building Dance & Fitness Studios– Large N C C C C In O-H Zone, must be clearly accessory to and [DRAFT] ATTACHMENT NO. 2 9 integrated with an office building Dance & Fitness Studios– Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C C C Permitted without CUP if located within an office building. Drive-Through Facilities C C C C C Educational Institutions– Business C C C C C Institutions with ten students or less do not require a conditional use permit. Educational Institutions– General N C C C C Educational Institutions– Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental–Large NP CP CP N N Permitted if equipment is completely screened from view. CUP required if equipment can not be screened. Equipment Rental–Small CP P P CP CP In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. CUP required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 [DRAFT] ATTACHMENT NO. 2 10 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets–Large P P P N N Markets–Small CP CP CP C C Subject to § 18.38.155 Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services–General P P P P P Laundromats are subject to § 18.38.150. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Personal Services– Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N C P N N Subject to § 18.38.190 and §18.38.200 Public Services C C P C C Recreation– Billiards CP CP CP CP CP In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a CUP. Recreation–Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building [DRAFT] ATTACHMENT NO. 2 11 Recreation–Commercial Outdoor C C C C C Recreation–Low-Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & Tennis C C C C C Permitted without CUP when conducted completely indoors. Repair Services–General P N P N N Repair Services–Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants–Drive-Through N C C C C Subject to § 18.38.220 Restaurants–General P P P C C Subject to § 18.38.220 Restaurants–Semi- EnclosedOutdoor Dining C C C C C Subject to § 18.38.220 Restaurants–Walk-Up C C C C C Retail Sales–General P P P P P Subject to § 18.38.220 Retail Sales–Kiosks C C C C C Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and §18.38.200 Retail Sales–Regional N P C N N Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 [DRAFT] ATTACHMENT NO. 2 12 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P P P N N Subject to Chapter Section 4.2218.16.090 and § 18.38.260 Studios–Broadcasting C C P C C Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services CP CP CP N N Subject to §18.38.270 Wholesaling N C C N N Shall be accessory to a Retail Sales use SECTION 22. That Table 8-B (Accessory Uses and Structures: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 8-B ACCESSORY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited C- NC C-R C-G O-L O-H Special Provisions Accessory Entertainment P P P P P Subject to §18.16.060 in conjunction with a [DRAFT] ATTACHMENT NO. 2 13 commercial use Amusement Devices P P P N N Animal Keeping N P P N N Subject to § 18.38.030 Antennas–Dish P P P P P Subject to § 18.38.050 Antennas–Receiving P P P P P Subject to § 18.38.050 Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.050.035 Bingo Establishments P P P P P Subject to Chapter 7.34 Caretaker Units N P P N N Subject to § 18.38.090 Fences & Walls P P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations N P P N N Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P Subject to § 18.38.170 Outdoor Displays N P P N N Subject to § 18.38.190 Parking Lots & Garages P P P P P To serve needs of on-site primary use only Portable Food Carts N P P N N Subject to § 18.38.210 Recreation Buildings & Structures N N P P N Only in conjunction with non-conforming single- family residence Recycling Facilities P N P N N Subject to Chapter 18.48 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from [DRAFT] ATTACHMENT NO. 2 14 the street level, must be parallel to the roof plane Vending Machines P P P P P Shall be screened from view from public rights- of-way and shall not encroach onto sidewalks SECTION 23. That Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 8-C TEMPORARY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited C-NC C-R C-G O-L O-H Special Provisions Carnivals & Circuses P P P N N Subject to § 18.38.095, and Chapter 3.32, and Chapter 4.53 Christmas Tree & Pumpkin Sales N P P N N Subject to Chapter 6.42Section 18.38.240 Contractor’s Office & Storage P P P P P Subject to 18.38.105 Special Events P P P P P Subject to 18.38.240 SECTION 24. That Table 10-A (Primary Uses: Commercial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions [DRAFT] ATTACHMENT NO. 2 15 Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Ambulance Services P Animal Boarding C Conditional Use Permit not required if conducted completely indoors, subject to §18.38.270. Animal Grooming C Conditional Use Permit not required if conducted completely indoors, subject to §18.38.270. Antennas–Broadcasting C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312. Antennas–Telecommunications- Stealth Building-Mounted T Subject to § 18.38.060 and 18.62.020 Antennas–Telecommunications- Stealth Ground-Mounted T Subject to § 18.38.060 Antennas–Telecommunications- Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Car Sales & Rental C Subject to 18.38.200 Automotive–Car Sales, Retail or Wholesale (Office Use Only) C [DRAFT] ATTACHMENT NO. 2 16 Automotive–Impound Yards C Subject to 18.38.200 Automotive–Public Parking C Automotive–Parts Sales C Permitted without a Conditional Use Permit if conducted entirely indoors. Automotive–Repair & Modification C Automotive–Service Stations C Subject to 18.38.070 Automotive–Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small C Day Care Centers C Drive-Through Facilities C Educational Institutions–Business C Educational Institutions–General C Educational Institutions–Tutoring C Subject to § 18.36.040.050 [DRAFT] ATTACHMENT NO. 2 17 Entertainment Venue C Equipment Rental–Large C Permitted without a Conditional Use Permit if conducted entirely indoors subject to §18.38.200 Equipment Rental–Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry–Limited P Industry–GeneralHeavy C Junkyards C Subject to 18.38.200 Mortuaries C Offices–Development P Offices–General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to 18.38.180 Outdoor Storage Yards C Permitted without a Conditional Use Permit if all storage is screened from view. Subject to 18.38.200. Personnel Services–General C Laundromats are subject to § 18.38.150 Personnel Services–Restricted C Plant Nurseries P Subject to § 18.38.190 and § 18.38.200; retail only requires a conditional use permit Public Services P Recreation–Billiards C [DRAFT] ATTACHMENT NO. 2 18 Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recycling Facilities C Subject to Chapter 18.48 Repair Services–General P Repair Services–Limited CP Research & Development P Restaurants–Drive-Through C Subject to 18.38.220 Restaurants–General C Fast-food and take-out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to § 18.38.220 Restaurants–Semi- EnclosedOutdoor Dining C Subject to 18.38.220 Restaurants–Walk-Up C Retail Sales–Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales–General C Industrially-related only Retail Sales–Outdoor C Subject to § 18.38.190 and §18.38.200 Self Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios–Broadcasting P [DRAFT] ATTACHMENT NO. 2 19 Studios–Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to §18.38.200 Utilities–Major C Utilities–Minor P Veterinary Services CP Subject to §18.38.270 Warehousing & Storage–Enclosed P Wholesaling P SECTION 25. That Table 10-B (Accessory Uses and Structures: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 10-B ACCESSORY USES AND STRUCTURES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited I Special Provisions Accessory Entertainment P Subject to §18.16.060 in conjunction with a commercial use Amusement Devices P Animal Keeping P Subject to 18.38.030 Antennas–Dish P Subject to 18.38.050 Antennas–Receiving P Subject to 18.38.050 [DRAFT] ATTACHMENT NO. 2 20 Caretaker Units P Subject to 18.38.090 Fences & Walls P Subject to 18.38.050; this use may occur on a lot without a primary use Home Occupations P Subject to 18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P Subject to 18.38.160 Mechanical & Utility Equipment– Roof Mounted P Subject to 18.38.170 Parking Lots & Garages P Petroleum Storage–Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to 18.38.210 Recreation Buildings & Structures P Recycling Facilities P Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P Subject to 18.38.250 Signs P Subject to Chapter 18.44 Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage–Outdoors P Subject to 18.38.200 SECTION 26. That Table 10-C (Temporary Uses and Structures: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 10-C TEMPORARY USES AND STRUCTURES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited [DRAFT] ATTACHMENT NO. 2 21 I Special Provisions Carnivals & Circuses C Subject to § 18.38.095and, Chapter 3.32., and Chapter 4.53 Christmas Tree & Pumpkin Sales P Subject to Chapter 6.42Section 18.38.240 Contractor’s Office & Storage P Subject to 18.38.105 Special Events P Not permitted except for specific uses identified and subject to § 18.38.240 SECTION 27. That Table 14-A (Primary Uses: Public and Special –Purpose Zones) of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Dwellings–Single-Family Detached N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of this chapter, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N N N C Senior Citizens Housing N N N C Senior Citizens Apartment projects subject to Chapter 18.50 Non-Residential Classes of Uses [DRAFT] ATTACHMENT NO. 2 22 Agricultural Crops P N N P Alcoholic Beverage Sales–On- Sale N C C C In the “T” Zone, only in conjunction with a Community and Religious Assembly use Ambulance Services N N N C Animal Boarding C N N C Antennas–Broadcasting N N N C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312. Antennas–Private Transmitting N N N C Subject to § 18.38.040 Antennas–Telecommunications- Stealth Building-Mounted T T T T Subject to §18.38.060 and §18.62.020 Antennas–Telecommunications- Stealth Ground-Mounted C C C C Subject to § 18.38.060 Antennas–Telecommunications- Ground-Mounted N N N N Subject to § 18.38.060 Automotive–Public Parking N P C N Automotive–Service Stations N N N C Subject to § 18.38.070 Automotive–Washing N N N C Bed & Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Cemeteries C N C C Commercial Retail Centers N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Community & Religious Assembly N N C C [DRAFT] ATTACHMENT NO. 2 23 Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness Studios–Small N C N N Day Care Centers N C C C Educational Institutions–Business N C P C Educational Institutions–General N C P C Entertainment Venue N C C C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Subject to §18.38.180 Plant Nurseries P C C C Subject to §18.38.190 and §18.38.200 Public Services N P P P Recreation–Billiards N C C C Recreation–Commercial Indoor N C C C Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to § 18.14.030.130 Recreation–Low-Impact C P C C [DRAFT] ATTACHMENT NO. 2 24 Recreation–Swimming & Tennis N P C C Recycling Services–General N N N C Subject to Chapter 18.48 Restaurants–Drive-Through N N C N Subject to § 18.38.220 Restaurants–General N C C C Subject to § 18.38.220 Restaurants–Semi- EnclosedOutdoor Dining N C C C Subject to § 18.38.220 Restaurants–Walk-Up N C C N Retail Sales–General N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Retail Sales–Used Merchandise N N N C Room & Board N N N C Self-Storage N N C N Transit Facilities N C C C Utilities–Major C C C C Utilities–Minor P P P P Veterinary Services N N N C SECTION 28. That Table 14-B (Accessory Uses and Structures: Public and Special-Purpose Zones) of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited [DRAFT] ATTACHMENT NO. 2 25 OS PR SP T Special Provisions Accessory Entertainment Subject to §18.16.060 in conjunction with a commercial use Agricultural Workers Quarters N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 Antennas–Receiving P P P P Subject to § 18.38.050 Bingo Establishments N N P P Subject to Chapter 7.34 Caretaker Units P P P P Subject to § 18.38.090 Day Care–Large Family N N N P Subject to § 18.38.140 Day Care–Small Family N N N P Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage–Incidental N N N P Portable Food Carts N P P P Subject to § 18.38.210 Recreation Buildings & Structures P P P P Recycling Services–Consumer N P P P Subject to Chapter 18.48 [DRAFT] ATTACHMENT NO. 2 26 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Vending Machines P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 29. That new Chapter 18.16 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: CHAPTER 18.16 REGULATORY PERMITS 18.16.010 PURPOSE. The purpose of this chapter is to provide specific provisions for entertainment related uses whose nature and potential impacts require additional and more specialized criteria. Unless otherwise specifically indicated, these use-specific provisions apply to the specified use in all zones where the use is allowed. 18.16.020 FEES. Fees for the purpose of defraying the expenses incidental to the processing of applications, permits and appeals shall be amounts established by resolution of the City Council. This fee is in addition to any business license fee which is required to be paid pursuant to Chapter 3.32 of this Code. Any required post event inspection fees shall be returned if the permit is denied. 18.16.030 PROCEDURES. .010 Approval Authority. The approval authority for entertainment permits contained within this Chapter for amusement devices, entertainment, smoking lounges and massage establishments is the Planning Director. .020 Application Requirements. Application for regulatory permits identified in Chapter 18.16 shall be submitted on a form approved by the Planning Director, which application shall be signed by the applicant and filed with the Planning Department of the City of Anaheim. The application shall include payment of the permit fee in such amount as may be specified by resolution of the City Council. The application shall be submitted at least ten (10) business days prior to the event. .030 Additional Information. The Planning Director may require other information pertaining to public health, safety, peace and general welfare. Failing to provide all of the [DRAFT] ATTACHMENT NO. 2 27 information required on the application or by the Planning Director, or submitting any false information on the application, shall constitute grounds for denial of the application. .040 Review by Police Department. Such application shall be referred to the Chief of Police by the Planning Department for the purpose of investigation and the Chief of Police, or his or her designated representative, shall have ten business days to investigate and forward a recommendation to the Planning Department concerning said application. Upon receipt of such recommendation or upon expiration of ten day period, whichever is sooner, the Planning Director, or his or her designated representative, shall act upon said application. Said permit shall be approved, in writing, unless it is found and determined that either (1) said application fails to conform to the requirements of this Code, or (2) approval of said permit would be detrimental to the health and safety of the citizens of the City of Anaheim, in which event said permit shall be denied. .050 Application Completeness. Upon the filing of any application, the Planning Director shall determine whether the application is complete, including whether the application is accompanied by the requisite filing fee established pursuant to Section 18.16.020 of this chapter. If the application is not complete, the Planning Director shall not take in the application. .060 Evaluation. Upon the filing of a completed application, the Planning Director shall conduct an appropriate investigation, including consultation with the Police, Planning and Fire Departments and inspections of the premises as necessary. .070 Notification of Decision. .0701 Within ten business days after receipt of a completed application, the Planning Director shall either approve, conditionally approve, or deny the application based on the criteria established and identified for each permit. .0702 In the event the application is denied, the written notice of denial shall specify the grounds for such denial. Such notice shall also advise the applicant of the right to appeal the decision of denial and shall state the last date on which an appeal may be timely filed which shall be the tenth calendar day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. .080 Conditions. Conditions may be imposed upon the approval of said permit to assure that the activity conducted will not be operated in a manner contrary to the public peace, health, safety, morals or general welfare. In addition, conditions as may be required to ensure compliance with City regulations governing the matters contained in the application may also be required. .090 Appeals. .0901 An applicant whose application for a regulatory permit has been denied or conditionally approved, or whose permit has been revoked or suspended by the Planning Director may appeal such decision directly to the City Employee Hearing Officer by filing a [DRAFT] ATTACHMENT NO. 2 28 timely appeal with the Planning Department. Any such appeal shall be filed not later than the tenth calendar day following the date notice of the action upon the application was deposited in the mail or personally delivered to the applicant. The appeal shall be deemed filed on the date such appeal is received in the Planning Department, whether by personal delivery or by mail. The City Employee Hearing Officer shall set the hearing to be held within fifteen business days after the date of filing of such appeal. The appellant shall be provided written notice of the time, date and place for the holding of such hearing at least ten (10) calendar days prior to the date of such hearing. The appellant, by written request, may waive the time limits set forth in this section, except the time limit within which a timely appeal must be filed. .0902 After an administrative hearing and consideration of the report and recommendations of the Planning Director and any other evidence or materials submitted by the applicant or other persons, the City Employee Hearing Officer shall either grant the permit, with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in subsection .040 of Section 18.16.030. The decision of the City Employee Hearing Officer shall be final. .100 Amendment to Permit Approval. Amendment of an approved permit may be initiated by filing an application on forms approved by the Planning Director with the Planning Department. Such amendment may involve a change to the approved use, alteration of the approved structure, change in configuration of site improvements, change of ownership and/or modification or deletion of one or more conditions of approval. There are two classifications of permit amendments based on their significance, consequences, and/or the amount of additional processing and review required. Amendments may be reviewed by all City departments at the discretion of the Planning Director. .1001 Minor Amendments. Minor amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include minor change of entertainment type where the intensity is not increased; change of ownership for amusement devices, smoking lounge, and entertainment permits; tenant improvements; and changes in the entertainment area where parking and the intensity of the activity are not increased. The Planning Director has the authority to add or modify conditions of approval. Minor Amendments shall also comply with the following: .01 The original approval of the permit occurred less than ten (10) years prior to the request for amendment. .02 The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved; .03 No new waivers of code requirements are needed; .04 No substantive changes to the approved site plan are proposed; [DRAFT] ATTACHMENT NO. 2 29 .05 The nature of the approved use is not significantly changed; .06 The approved use is not intensified. .1002 Major Amendments. Major amendments are subject to a new application and are processed in the same manner as a new permit. An amendment shall be considered major if it does not meet any one or more circumstances in subsection .18.16.030.100.1001 18.16.040 REVOCATION AND PENALTY. above. A change of ownership for massage establishments is considered a major amendment. The review authority may approve in whole or in part, conditionally approve, or deny the amendment. .010 Revocation. Subject to notice and hearing provisions herein, any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the Planning Director or his/her designee for good cause. Good cause shall include, but not be limited to, the following: .0101 That the business or activity has been conducted in a manner which violates the code requirements or one or more of the conditions imposed upon the issuance of the permit and has failed to cure such noncompliance after reasonable notice thereof or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the Fire Department; .0102 That the permittee has failed to obtain or to maintain all required City, County and State licenses and permits; .0103 That the permit is being used to conduct an activity different from that for which it was issued; .0104 That the permittee has misrepresented any material fact in the application for permit or has not answered each question therein truthfully; .0105 That the building or structure in which the permitted event or activity is held or conducted, or is to be held or conducted, is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or of the general public, under the standards set forth in the Uniform Building or Fire Code; .0106 That the permitted event or activity creates sound levels which violate any ordinance of the City of Anaheim; .0107 That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises where the entertainment activity takes place. [DRAFT] ATTACHMENT NO. 2 30 .0108 The permittee or his/her employees, agents, or representatives have violated or are violating laws in connection with the permitted activity; or is operating the facility in a manner detrimental to the public peace, health, safety or general welfare. .0109 The operation has been conducted in an illegal or disorderly manner or in a manner detrimental to the public health, safety or welfare. .0110 The proposed use has violated any provision of Title 15 of the Anaheim Municipal Code. .020 Appeal of Revocation. The decision of the Planning Director revoking a permit may be appealed to the City Employee Hearing Officer, pursuant to subsection 18.16.030.090.0901 .030 Penalty. Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the chapter is committed (Appeals). The City Employee Hearing Officer’s determination upon any such appeal shall be based upon written findings and shall be final and conclusive in the matter. Upon revocation of said permit, any license fees shall be forfeited. In the event a permit is revoked pursuant to the provisions of this chapter, another permit shall not be granted to the permittee within twelve months after the date of such revocation. 18.16.050 AMUSEMENT DEVICES. .010 Restrictions On Location. No person shall conduct, carry on or manage the business of, or maintain any amusement device which contains any pay- off device for the return of coins, slugs, tokens, money, checks or merchandise. .020 Permit Required. .0201 No person shall install, operate, conduct or maintain amusement devices or pool table on premises owned or under the control of such person without first having obtained, and maintaining in full force and effect, a permit therefore in the manner required by this section as outlined in Section 18.16 050. .0202 The operator of any such amusement device shall keep such permit in a position where it is conspicuous and readily visible on the premises. .030 Restriction on Age of Permittee No person under the age of eighteen years of age shall be eligible for issuance of a license or permit under this Section 18.16.050 (Amusement Devices). [DRAFT] ATTACHMENT NO. 2 31 .0301 Other Licenses and Permits Required. .01 The permit required by this section for any amusement device shall be in addition to, and not as a substitute for, any business license which may be required pursuant to the provisions of Title 3 of this Code. .02 The permit required by this section for any amusement device shall be in addition to, and not as a substitute for, any conditional use permit for such use or activity which may be required pursuant to the provisions of Title 18 of this Code. .03 Grounds for Denial. The Planning Director shall approve, or conditionally approve, the application unless he or she determines, based upon information contained in the application and information obtained in the investigation and inspections, that either: (a) By reason of the location where the amusement device is sought to be located, or the proposed number of tables or other uses proposed to be conducted or currently conducted on the premises, the conducting or carrying on of the pool room would be detrimental to either (1) the quiet enjoyment of one or more other properties in the vicinity of the proposed amusement devices, or (2) the public peace, health, safety or general welfare; or (b) The proposed use would violate any provision of Title 18 of the Anaheim Municipal Code or any other provision of any federal, state or city law(s); or (c) The building or structure within which the proposed use would be located is hazardous to the health or safety of the employees or patrons of the business or the general public under standards established by the Uniform Building Code or the Fire Code of the City; or (d) The premises lack adequate on-site parking area for employees and the patrons of the business under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing legal nonconforming uses; or (e) The proposed security measures are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noises created by the patrons entering or leaving the premises. .04 The Planning Director may at his or her discretion condition the grant of the permit upon such conditions as are determined by the Planning Director to be reasonably necessary to avoid any of the detrimental effects specified in subparagraphs (a) through (e) above, including, without limitation, the installation of sound deadening apparatus or materials. .040 Operational Standards. [DRAFT] ATTACHMENT NO. 2 32 .0401 The operation of any amusement device shall not violate any provision of the Anaheim Municipal Code or any other city, state or federal law. .0402 That if required by the Anaheim Police Department, security officers shall be provided that comply with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. .0403 The number of persons occupying the facility shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room. .0404 The business shall not employ or permit any person to solicit or encourage others, directly or indirectly to buy them drinks in the licenses premises under any commission, percentage, salary or other profit-sharing plan, scheme or conspiracy. .0405 The business premises shall not be hazardous to the health or safety of the employees or patrons, or the general public, under the standards established by the Uniform Fire or Building Codes. .0406 No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays. .0407 The permitted amusement device shall not create sound levels which violate any ordinance in the City of Anaheim. .0408 At all times that the amusement activity is conducted, security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. .0409 At all times amusement activity is permitted, except during times of entry or exit, emergencies and deliveries, the doors shall remain closed. .0410 No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises without a valid permit to do so. .0411 Any violation of these operational standards shall be sufficient grounds for revocation of the permit. [DRAFT] ATTACHMENT NO. 2 33 .0412 The owner or entity will not engage in, conduct or carry on any activity for which a sex-oriented business permit is required under Section 18.54.030 of the Anaheim Municipal Code without a valid permit to do so. .050 Unlawful Devices Prohibited. Nothing in this section contained shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the State or the ordinances of the City; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of said laws or ordinances. .060 Seizure of Unlawful Devices. In the event that any person or persons, firm, copartnership or corporation shall conduct, carry on or manage the business of maintaining any game, exhibition, shuffleboard game, or recreational, mechanical or musical device or shall operate any of such devices without obtaining a permit and/or license therefor, or shall fail to pay the permit and/or license fees therefor as provided in this Code, the Chief of Police shall seize such game, exhibition, amusement, recreational, mechanical or musical device and hold them as security for payment of the permit and/or license fee, and until a permit and/or license is obtained or renewed, and in the event the person owning or having control or possession of the device shall fail, within a period of thirty days to obtain a permit and/or license or pay any fees due, then and in that event the device shall be disposed of as follows: .0601 The device or devices or so many thereof shall be sold to satisfy the amount of permit/license fees due the City and any device or devices not sold shall be returned to the owner thereof; and provided further that in the event the device or devices be sold for a sum of less than the amount of the permit/license fee that the operator of the devices shall, nevertheless, remain liable for the balance of such fees due and unpaid thereon. 18.16.060 ENTERTAINMENT .010 Permit Required It shall be unlawful for any person to hold or conduct or operate, within the City of Anaheim, any Accessory Entertainment Premises subject to the provisions of this section and not expressly exempt hereunder subject to the provisions of this section without having a valid permit issued pursuant to the provisions of this section, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this section. The holding or conducting of any event or activity subject to the provisions of this section without a valid permit issued therefor pursuant to the provisions of this section is declared a public nuisance. .020 Exemptions. The provisions of Section 18.16.060.010 shall not be deemed to require a permit for any of the following: [DRAFT] ATTACHMENT NO. 2 34 .0201 Any religious activities taking place on premises regularly used for religious purposes. .0202 Activities or events held or conducted by the City of Anaheim or by a school, college, or school district. .0203 Any activity or event that comes within the provisions of this section solely by reason of its taking place on property owned or occupied by the City of Anaheim shall not require a permit pursuant to this section if the persons or organizations holding or conducting the event shall have obtained a permit, license, lease, or agreement to use the premises from the City of Anaheim. .0204 Recreational and entertainment centers where the average annual attendance of such center is at least five million persons. .0205 Entertainment conducted in connection with a recreation park, circus or fairground. .0206 Entertainment which occurs on-premises that is conducted by or sponsored by any club, society or association, organized and incorporated for benevolent charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. .030 Criteria for Approval. An application for an entertainment permit pursuant to this section shall be granted with or without conditions, provided its operation complies with the following, or be denied if it is found and determined that issuance of the permit would violate these regulations: .0301 Any provisions of Title 18 of the Anaheim Municipal Code or operate without violation of any other federal, state or city law or laws; or .0302 A building or structure which is not hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, and meets all occupancy requirements under the standards established by the Uniform Building or Fire Codes; or .0303 A premises with adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or .0304 Operation with adequate security measures to (1) deter unlawful conduct on the part of employees or patrons, or (2) promote the safe and orderly assembly and movement of persons and vehicles, or (3) prevent disturbance of the neighborhood by excessive noise created [DRAFT] ATTACHMENT NO. 2 35 by the entertainment activity or by patrons entering or leaving the premises where the entertainment activity takes place. .0305 The entertainment, as proposed, is and will be in compliance with applicable health and safety and zoning laws relating to the holding of such function, .0306 There shall be adequate floor space maintained for dancing free of any furniture or partitions and maintained in a smooth and safe condition; and .0307 The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing business has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations associated with the subject restaurant. .0308 For restaurants, there is at least one meal of a substantial nature served. For the purposes of this section, a meal is a quantity of any kind of food which not only consists of a larger quantity of food than that which comprises a sandwich, soup or salad, but that it consists of a selection of food which is not susceptible of consumption in the absence of at least some articles of tableware and which cannot be conveniently consumed while standing or walking about. .0309 The application shall also be denied if (1) the applicant has knowingly and wilfully submitted false information on such application; and (2) the applicant has been convicted of any crime substantially related to the qualifications, functions and duties of the permittee under said permit. .040 Operational Standards. All facilities permitted by an entertainment permit shall be subject to the following operational standards: .0401 All entertainers and employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. .0402 The operator shall not permit or allow any minor under the age of sixteen years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein; .0403 The operator shall not shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; .0404 The operator shall not permit any person to dance or permit any music to be played or reproduced by any device between the hours of two a.m. and nine a.m. of any day; [DRAFT] ATTACHMENT NO. 2 36 .0405 Policing. Every person conducting an entertainment venue shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police. .0406 The entertainment shall be restricted to that described in the application received. .0407 If required by the Police Department, security officers shall be provided that are in compliance with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. .0408 At all times that entertainment is conducted security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. .0409 The number of persons attending the event or entertainment shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room. .0410 The business shall not employ or permit any person to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. .0411 No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays. .0412 The business shall not be operated in violation of any provision of the Anaheim Municipal Code or any other city, state, or federal law. .0413 A cover charge may not be required for admission into the premises unless a conditional use permit is obtained. .0414 Any violation of the development standards or operational standards shall be grounds for revocation of the permit. .0415 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. .0416 The parking lot of the premises shall be equipped with lighting of a minimum one foot candle power to illuminate and make easily discernible the appearance and conduct of all [DRAFT] ATTACHMENT NO. 2 37 persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residents. .0417 The applicants shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied. .0418 Any detached patios used for entertainment shall be monitored under video surveillance. .0419 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. .0420 That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. .0421 That there shall be no pool tables maintained upon the premises at any time unless an Amusement Permit is obtained from the Planning Department. .0422 That the activities taking place in conjunction with the operation shall not cause noise disturbances to surrounding properties. .0423 No admission fee, cover charge, advance prepayment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. .0424 The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare. .0425 Any violation of the application, or any of these conditions, shall be sufficient grounds to revoke the permit. .0426 No dancing shall continue beyond two (2:00) A.M. .050 Application to Existing Entertainment Permits. .0501 Any business or other entity that was lawfully engaged in providing amusement or entertainment within the meaning of this section and was the holder of a permit issued by the City before the effective date of this Ordinance No. _____, shall apply for a new permit pursuant to this Section 18.16.060 before the scheduled expiration date of the existing permit, and in that case the existing permit shall remain in effect until the application has been acted upon and the decision thereon has become final. 18.16.070 MASSAGE ESTABLISHMENTS [DRAFT] ATTACHMENT NO. 2 38 .010 Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and their massage technicians and employees in the City. .020 Operator's Permit Required. No person shall operate a massage establishment within the City without first obtaining an operator's permit pursuant to Sections 18.16.070.030and 18.16.070.040 of this chapter. The operator's permit required by this section shall be in addition to any business license required by this Code. .030 Application for Operator's Permit. Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the Planning Director who shall refer all such applications to the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; and one participant, if the owner is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such operator's permit has been approved as provided in Section 18.16.070.040 of this section. The application shall be deemed complete if it contains or is accompanied by the information required as identified below and in the application approved by the Planning Director. .0301 The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required for an individual applicant under this section, but only one application fee shall be charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator's permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within ninety (90) days, the operator's permit shall be deemed canceled and a new application for an operator's permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the Responsible Employee of the massage establishment defined in Section 18.92.210 of this Title. .0302 A detailed description of all services to be provided at the massage establishment. If the list of services required to be posted pursuant to Section 18.16.070.080.0801.02 of this chapter will be in any language other than English, such list must accompany the application for the operator's permit. Any changes to such list after the issuance of the operator's permit must be submitted to the Planning Director within ten (10) days after such changes are made. .0303 A copy of the CAMTC certificate and photo identification issued to the Applicant by the California Massage Therapy Council pursuant to Section 4600, et seq. of the California [DRAFT] ATTACHMENT NO. 2 39 Business and Professions Code. If applicable, please indicate the expiration date of the CAMTC certificate. .0304 A copy of the CAMTC certificate and photo identification issued by the California Massage Therapy Council pursuant to Section 4600, et seq., of the California Business and Professions Code for each person or employee of the Message Establishment that will provide massage services. If applicable, please indicate the expiration date of the CAMTC certificate held by each person or employee of the Message Establishment that will provide massage services. .0305 Authorization for the City, its agents and employees to seek verification of the information contained in the application .0306 A statement in writing and dated by the applicant that he/she certifies under penalty of perjury that all information contained in the application is true and correct. .0307 If, during the term of a permit, any of the information submitted on the original or renewal application changes, the operator or Responsible Employee shall notify the Planning Director of such change within ten (10) business days thereafter, in writing. .0308 If the operator is not certified with the California Massage Therapy Council (CAMTC), the following additional personal .01 Acceptable proof that the applicant is at least eighteen (18) years of age. information concerning the applicant shall be provided: .02 Height, weight, color of hair and eyes, and gender. .03 Three (3) front faced portrait photographs at least two inches (2") by two inches (2") in size. .04 The applicant's complete business, occupation and employment history for five (5) years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant. .05 The complete permit history of the applicant including, but not limited to massage or similar business; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; or whether a vocational or professional license or permit was denied, revoked or suspended, and the reason (s) therefor. .06 All criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor. [DRAFT] ATTACHMENT NO. 2 40 .07 A complete set of fingerprints taken by the Police Department. .040 Operator’s Permit Issuance and Denial. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within ten (10) business days of receipt of an application, approve, conditionally approve, or deny the application. The ten (10) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. The Chief of Police shall direct the Planning Director to issue such permit as requested, unless the Chief of Police makes any of the following findings: .0401 The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person proposed to be or employed in the massage establishment, has, within ten (10) years preceding the date of the application either: .01 Been convicted of a violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; .02 Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; .03 Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses; .04 Engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation of an operator’s permit under this section; .05 Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; .06 Engaged in conduct which would constitute an offense as described in subparagraph .01 above; .07 Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this section, would be grounds for denial, suspension or revocation of the permit; [DRAFT] ATTACHMENT NO. 2 41 .08 Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator .09 Had a massage operator permit, massage technician permit, CAMTC certificate or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County, City and County or State. .0402 The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. .0403 The application does not contain all of the information required by Section 18.16.070.030. .0404 The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. .0405 The applicant has not satisfied the requirements of this Section 18.16.070 in the time specified. .0406 If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of six (6) months from the date the application was denied. .050 Massage Establishment Operating Requirements. Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements: .0501 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or Responsible Employee of a massage establishment allow or permit such massage. No massage operator or designated Responsible Employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered. .0502 No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit. .0503 All massage establishments required to be licensed under this section shall have a Responsible Employee on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons with power to act as a Responsible Employee. The operator and/or on duty Responsible Employee shall post, on a daily basis, the name of each on duty [DRAFT] ATTACHMENT NO. 2 42 Responsible Employee and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the Responsible Employee in the operator’s absence, shall be responsible for ensuring compliance with this section. .0504 No establishment shall be open for business without having a valid operator’s permit and at least one massage technician holding a current valid permit for the specific establishment on the premises, and on duty, at all times when said establishment is open. .0505 The operator and/or designated Responsible Employee shall ensure the massage establishment permit and the massage technician permit or CAMTC certificate for each on-duty massage technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on his or her person the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. .0506 An operator and/or on duty Responsible Employee shall be responsible for the conduct of all employees while they are on the licensed premises. All persons found working in the massage establishment shall be considered employees of the operator, including independent contractors and unpaid volunteers. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s permit shall be revoked, suspended, denied or renewed. .0507 No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid massage technician permit from the City issued prior to the adoption of this Ordinance No. _____ or CAMTC certificate. Every operator or Responsible Employee shall report to the Planning Director any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Planning Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. The operator shall deliver the permit and photo identification card issued pursuant to this chapter of any massage technician no longer employed by the operator to the Planning Director within five (5) days. .0508 All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from mid-thigh to three (3) inches below the collar bone. .0509 The operator and/or on duty Responsible Employee shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, telephone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or Responsible Employee on duty shall make the register of employees available as soon as reasonably possible for inspection by the [DRAFT] ATTACHMENT NO. 2 43 City’s Police Department and Code Enforcement Division upon demand of a representative of the police department at all reasonable times. .0510 The operator shall comply with all provisions of this chapter and any applicable provisions of this Code. .060 Massage Technician Permit. No person shall perform or administer a massage, or advertise to provide massage services in the City, unless such person has in effect a valid CAMTC certificate or was issued a valid massage technician permit by the City of Anaheim prior to the adoption of this Ordinance No. __________. .070 Massage Technician Requirements. All massage technicians shall comply with the following conditions: .0701 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered. .0702 No massage technician shall massage any patron unless the person’s genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron. .0703 The massage technician shall wear or have on his or her person a photo identification card prepared and issued by the City or the California Massage Therapy Council at all times when present in the massage establishment; such identification shall be provided to City regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician holding a permit issued by the City changes his or her business address, he or she shall, prior to such change, pay the appropriate fee and obtain from the Planning Director a new photo identification card. .0704 Massage technicians shall not perform any massage at any location other than the location specified on the permit. .0705 While on duty, the massage technician shall not use any name other than that specified on the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council. .0706 Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone. [DRAFT] ATTACHMENT NO. 2 44 .0707 The massage technician consents to the inspection of the massage establishment by the City’s Code Enforcement Division, Building and Safety Division, Fire Department and Police Department and the Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.12 which would require the posting of the Notice to All Patrons. .080 Requirements of Operation. .0801 Facilities. .01 Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City. Each operator and/or on duty Responsible Employee shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted in the front window and clearly visible from the outside. The operator and/or on duty Responsible Employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on duty Responsible Employee as well as all on-duty massage technicians. .02 Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee, shall permit, and no massage technician shall offer or perform, any service other than those posted. .03 Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one (1) forty (40) watt white light bulb and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. .04 Restroom Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap shall be used. A trash receptacle shall be provided in each restroom. No bathtubs shall be allowed. .05 Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons. [DRAFT] ATTACHMENT NO. 2 45 .06 Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas. .07 Massage Table or Chair. A massage table or chair shall be provided in each massage room and the massage shall be performed on this massage table or chair. The tables should have a minimum height of eighteen inches (18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. .0802 Operations. .01 Equipment. Each operator and/or on duty Responsible Employee shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. .02 Inspections. The operator and/or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. (a) The City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this section are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.12 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees. (b) Inspections of the massage establishment shall be conducted during business hours. (c) A person who operates a massage establishment or his or her agent, servant or employee commits a violation of this chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business. .03 Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be [DRAFT] ATTACHMENT NO. 2 46 provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers. .04 Residing in Establishment Prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Orange. .05 Alcoholic Beverages/Drugs. No person shall enter, be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator and Responsible Employee shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted. .06 Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron. .07 Roster. The owner, operator or on-duty Responsible Employee of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the Responsible Employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept on the massage establishment premises and be available for inspection by officials charged with enforcement of this chapter. .08 Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' genitals, gluteal fold, anus and female breast(s). No common use of such coverings shall be permitted and re-use is prohibited unless laundered or otherwise sanitized between each use. .09 Hours of operation. The owner must advise the City, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off premises massage permit between the hours of 12:00 midnight and 6:00 a.m. A massage begun any time before 12:00 midnight, must nevertheless terminate at 12:00 midnight. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. .10 Advertising. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter, nor shall any massage establishment employ language in the text of such advertising that [DRAFT] ATTACHMENT NO. 2 47 would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter. .11 Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door. .12 Notices. The Chief of Police may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or court conviction, to have violated any of the provisions listed in Section 18.16.070.040 or 18.16.070.070: NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ANAHEIM POLICE DEPARTMENT AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE. (a) The notice set forth above shall be prepared and issued by the Chief of Police. (b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve (12) months following the determination of any such violation, or date of conviction, of any of the offenses set forth above. (c) The requirement for posting the notice described in this Section is cumulative and in addition to all other civil and criminal remedies and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the City of Anaheim, County of Orange and the State of California. .090 Change of Business .0901 Every massage establishment operator shall report immediately to the Planning Director any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of Responsible Employee or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers and directors of the corporation, partners of the partnership, including limited partners and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Chief of Police provided there is compliance with all applicable regulations of the City. [DRAFT] ATTACHMENT NO. 2 48 .0902 No massage operator's permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Planning Director, shall be placed in the name of the surviving partners. A massage operator's permit issued to a corporation shall be deemed terminated and void when five percent (5%) or more of the stock of the corporation is sold, transferred or assigned after the issuance of a permit. No massage technician permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. .100 Exemption; Existing Permittees. .1001 The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any persons designated as follows: .01 State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses, licensed vocational nurses, or other persons without qualifications as massage technicians and without first obtaining a massage technician permit pursuant to this chapter, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. .02 Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in the practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp, hands, feet and hair of the customer or client. .03 Persons administering a chair massage as defined in this chapter, provided that the Planning Director receives a letter from the property or business owner of the location where the chair massage is to be administered stating his/her/its knowledge and approval of the chair massage, the location where the chair massage will take place, the dates and hours the chair massage will be conducted, the identity of the person (s) administering the chair massage and that only a recognized massage chair will be used. .04 Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment. .05 Certified athletic trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events. [DRAFT] ATTACHMENT NO. 2 49 .1002 Commencing on the effective date of this chapter, all permits are to be issued in accordance with the provisions of this chapter. .1003 Existing operator's permits shall continue in effect until expiration. Existing massage technician’s permits shall be valid for one year from the date of this ordinance. .110 Transfer and Duration of Permits. .1101 No permit issued hereunder shall be transferable to any other person or establishment. .1102 It shall be the responsibility of the operator to ensure that all technicians conducting massage on the premises are continually licensed by the CAMTC. The operator shall be required to show evidence that massage technicians operating within their facility hold a valid CAMTC certificate at the time of business license renewal. .1103 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter. .140 Violation and Penalty. .1401 Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370. .1402 Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 18.16.080 SMOKING LOUNGES .010 Permit Required. It shall be unlawful for any person to hold or conduct or operate, within the City of Anaheim, any smoking lounge subject to the provisions of this chapter and not expressly exempt hereunder subject to the provisions of this chapter without having a valid permit issued pursuant to the provisions of this chapter, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this chapter. The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit issued therefor pursuant to the provisions of this chapter is declared a public nuisance. [DRAFT] ATTACHMENT NO. 2 50 .020 Locations Allowed. .0201 Smoking lounge is a permitted primary use within the C-NC, C-R and C-G zones, subject to approval of a smoking lounge permit pursuant to the provisions of Chapter 18.16.080 of the Anaheim Municipal Code. .0202 The tenant space shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. .0203 The tenant space shall be a minimum distance of 1,000 feet from any public or private school, as said term is defined in Section 18.92.220 ("S" words, terms and phrases), whether said school is within or outside of the corporate boundaries of the City of Anaheim. .030 Outdoor Seating. Outdoor seating shall be permitted as an accessory use to a smoking lounge in all zones where smoking lounges are permitted subject to compliance with all the following provisions, and plans shall be submitted to the Planning Department for review and approval showing compliance with this section: .0301 Furnishings may include tables, chairs, decorative benches and umbrellas. .0302 Furnishings shall not exceed one table and two seats for every five lineal feet of building or unit frontage, up to a cumulative maximum of five tables and ten seats. .0303 Furnishings shall not be placed on or allowed to hang over any public right-of- way, required pedestrian accessway, required setback or parking area. .0304 A minimum six-foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk. .0305 All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. .0306 An outdoor seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a smoking lounge to determine its parking requirements. .0307 Portable or non-fixed furnishings shall not be set up outside the smoking lounge more than one-half (0.5) hour prior to the opening of business and shall be removed no later than one-half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight. .0308 Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building. [DRAFT] ATTACHMENT NO. 2 51 .0309 At least one trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building. .0310 The smoking lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner. .040 Operating Standards. It is unlawful for any person to engage in, conduct, or carry on, in or upon the premises within the City of Anaheim, the business of a smoking lounge except in compliance with all of the following requirements: .0401 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section 6404.5. .0402 No alcoholic beverages shall be sold or consumed on the business premises within any area where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.090.040 above where the smoking of tobacco or other substance is allowed . .0403 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.090.040 above where the smoking of tobacco or other substance is allowed. .0404 No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business except as authorized pursuant to, and in accordance with the terms of, a valid entertainment permit issued pursuant to Chapter 18.16.060 (Entertainment) of Title 18 of this code. .0405 No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted. .0406 Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his or her designee. .0407 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. .0408 The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity. .0409 No amusement devices, as said term is defined in Section 18.92.040, shall be permitted anywhere within the business. [DRAFT] ATTACHMENT NO. 2 52 .0410 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. .0411 Parking shall be provided using the standard for bars and nightclubs (17 spaces/1,000 GFA and 29 spaces/1,000 GFA of dance floor area). .0412 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. .0413 The business shall also be in conformity with all other city, state and federal laws. .0414 The Applicant shall obtain, and maintain in full force and effect, a business license from the City of Anaheim for such business. (A.M.C. Section 3.04.050) .0415 All business related activities shall be conducted wholly within a building, with the exception of outdoor seating in conformance with Section 18.38.220. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. .0416 Applicant shall comply with the Specifications and Requirements for Smoking Lounges adopted by the Anaheim Fire Department. .0417 The applicant shall provide the name, address, telephone number, social security and driver’s license number of each person employed by the business, whether full-time or part- time, including, but not limited to any independent contractors, and fully describe their job duties or work responsibilities prior to final inspection or issuance of temporary or final certificate of occupancy. .0418 Applicant shall comply with the requirements of this Section 18.16.090 of the Anaheim Municipal Code pertaining to Smoking Lounges. .0419 Any violation of these operating standards shall be sufficient grounds for revocation of the permit. .0420 The facility is in compliance with occupancy requirements of the Building Code as amended by the City of Anaheim. .050 Smoking Lounge Permit Issuance and Denial. An application for a smoking lounge permit pursuant to this chapter shall be granted, subject to compliance with the requirements set forth herein, unless it is found and determined that issuance of the permit would allow the smoking lounge to be held or conducted: [DRAFT] ATTACHMENT NO. 2 53 .0501 In violation of any provisions of Title18 of the Anaheim Municipal Code or in violation of any other federal, state or city law or laws; or .0502 In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the 2001 California Fire Code, adopted pursuant to Sections 15.02.010 and 16.08.020, respectively, of the Anaheim Municipal Code; or .0503 On premises which lack adequate on site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or .0504 In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or the proposed noise control plan is determined to be inadequate to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises. .060 Issuance of Permit—Conditions. .0601 After the decision approving or conditionally approving any permit becomes final, the Planning Director or designee shall issue the permit. .0602 The permit shall be issued subject to compliance with all operating requirements in Section 18.16.080.040 and such additional conditions as may be required to ensure compliance with City regulations governing the matters contained in the application. .070 Application to Legal Nonconforming Smoking Lounges. Any smoking lounge lawfully existing on the effective date of Ordinance No. 5999 that became a nonconforming use by reason of the adoption of Ordinance No. 5999 shall not be deemed to be nonconforming for failure to comply with the location and parking requirements established for such uses by Ordinance No. 5999 unless said business is terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more following the effective date of this Section 18.16.080. Any such lawfully existing smoking lounge may continue to operate, provided said operation is in conformity with all other applicable city, state, and federal laws. SECTION 30. That subsection .030 of Section 18.18.040 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Lawful Destruction of Specimen TreesAdministrative Specimen Tree Removal Permit. A Specimen Tree Removal Permit is required to remove specimen trees as defined in [DRAFT] ATTACHMENT NO. 2 54 Section 18.18.040.010. Applications for authority to destroy specimen trees shall be filed with the Planning Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The following specimen trees may be destroyed lawfully; provided that, prior to such destruction, a certificate obtained from an arborist certified by the International Society of Arboriculture and authorized to do business within the City is submitted along with an application., attests that the tree(s) fit into at least one of the following categories. Trees that are removed before a certificate is reviewed and approved by the City must obtain a Discretionary Specimen Tree Removal Permit as identified in Section .040 below.: The certificate shall attest that the tree(s) fit into at least one of the following categories: .0301 Trees that have died; .0302 Diseased trees whose condition is a source of present danger to healthy trees in the immediate vicinity; .0303 Trees so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property; .0304 Trees whose general health and condition are a source of present danger of falling onto existing or proposed structures or utility lines; .0305 Trees that have caused structural damage to a single-family residence or a required driveway for that residence; provided an arborist has attested that removal of the tree roots would threaten the health of the tree, or that the tree would be a source of continued damage to the structure; or .0306 Trees that were planted or caused to be planted by the homeowner or previous homeowner as part of an original landscape plan, and are not located in the area between the main dwelling unit and a public or private right-of-way or in a commonly viewed and maintained slope. The maximum number of trees that may be removed is limited to two (2) trees, and shall not include windrows or required trees. An arborist certificate is not required for this provision, but other materials such as photographs shall be provided to demonstrate eligibility. SECTION 31. That new subsection .035 be, and the same is hereby, added to Section 18.18.040 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code to read as follows: .035 Exemptions. Trees that were planted or caused to be planted by the homeowner or previous homeowner as part of an original landscape plan, and are not located in the area between the main dwelling unit and a public or private right-of-way or in a commonly viewed and maintained slope are exempt from the requirements of a Specimen Tree Removal Permit. The maximum number of trees that may be removed is limited to two (2) trees, and shall not include windrows or required trees. An arborist certificate is not required for this provision, but other materials such as photographs shall be provided to demonstrate eligibility. [DRAFT] ATTACHMENT NO. 2 55 SECTION 32. That subsection .040 of Section 18.18.040 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Application to Destroy Specimen TreesDiscretionary Specimen Tree Removal Permit. Applications for authority to destroy specimen trees shall be filed with the Planning Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The application shall show clearly by diagram, plot plan and photograph the location and identity of the trees sought to be destroyed, the location and identity of the replacement trees, the name and address of the owner, and such other information as indicated on the form provided. Applications that do not meet the requirements of subsection .030 above shall be referred directly to the Planning Commission for determination. The determination of the Planning Commission may be appealed to the City Council pursuant to Chapter 18.60 (Procedures). Permits are valid for a period of one (1) year from the date of issuance. A new application shall be filed for requests that have not been exercised within the established time frames. SECTION 33. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P Dwellings–Multiple-Family in the Gateway District, Sub- Area B C Subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to [DRAFT] ATTACHMENT NO. 2 56 paragraph 18.20.170.020.0201 and .0202 (Development Agreement Exemptions). Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in conjunction with Markets– Large Alcoholic Beverage Sales–On- Sale C GF Automotive–Public Parking C Automotive–Car Sales and Rental N Except as permitted as an accessory use Automotive–Service Stations C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Commercial Retail Centers C Community & Religious Assembly C GF Computer Internet & Amusement Facilities C GF Convenience Stores C GF [DRAFT] ATTACHMENT NO. 2 57 Conversions of hotels or motels to semi- permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF Day Care Centers C GF Drive-through Facilities N Educational Institutions–Business C GF Educational Institutions–General C GF Educational Institutions–Tutoring P GF Entertainment Venue C GF Hotels & Motels P/C/ N Hotels are permitted, extended-stay hotels are permitted by conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) Markets–Large P GF Outdoor farmer’s markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Offices–General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150 Personal Services–Restricted C GF [DRAFT] ATTACHMENT NO. 2 58 Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development C Restaurants–Drive-Through N Restaurants–General P GF Restaurants–Semi-EnclosedOutdoor Dining P GF Subject to 18.38.220 (Restaurants– Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Regional P GF Retail Sales–Used Merchandise N Sex-oriented businesses, as defined in Chapter 18.54 (Sex-Oriented Businesses) N Studios–Broadcasting C GF Broadcasting antennas require a conditional use permit Studios–Recording P GF Swap meets, indoor and outdoor N [DRAFT] ATTACHMENT NO. 2 59 Transit Facilities P GF Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 34. That Table 20-B (Accessory Uses and Structures: Platinum Triangle Mixed-Use (PTMU) Overlay Zone) of Section 18.20.030 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 20-B ACCESSORY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Accessory Entertainment P P Subject to §18.16.060 in conjunction with a commercial use Amusement Devices P Subject to Chapter 4.1418.16.050 Animal Keeping (Amusement Devices) P Subject to §18.38.030 (Animal Keeping) Antennas–Broadcasting C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312. Antennas–Private Transmitting P Subject to §18.38.040 (Antennas– Private Transmitting) Antennas–Receiving P Subject to §18.38.050 (Antennas– Receiving) [DRAFT] ATTACHMENT NO. 2 60 Antennas–Telecommunications– Stealth Building-Mounted T Subject to §18.38.060 and §18.62.020 Antennas–Telecommunications– Stealth Ground-Mounted T Subject to §18.38.060 and §18.62.020 Antennas–Telecommunications Ground-Mounted (Non-Stealth) N Automated Teller Machines (ATMs) P GF Subject to §18.36.050.035 Automotive–Car Rental P Subject to a maximum of 5 parking spaces for on-site parking of vehicle available for rental in reserved parking spaces. The provision of more than 5 parking spaces for rental vehicles shall be subject to the approval of the Planning Director. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading) Caretaker Units C Subject to §18.38.090 (Caretaker Units) Day Care–Large Family P Subject to §18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Fences & Walls P This use may occur on a lot with or without a primary use. Home Occupations P Subject to §18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening) Mechanical & Utility Equipment– Ground Mounted P Subject to 18.38.160 (Mechanical and Utility Equipment–Ground Mounted) Mechanical & Utility Equipment–Roof Mounted P Subject to 18.38.170 (Mechanical and Utility Equipment–Roof Mounted) and 18.20.140 (Design Standards) of this chapter Murals P/C Permitted when not visible from right-of-way or adjacent properties. Conditional use where visible from any public right-of-way or adjacent properties. [DRAFT] ATTACHMENT NO. 2 61 Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P GF Recreation–Low-Impact P Recycling Services–Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Retail Kiosks P Signs P Subject to Chapter 18.44 (Signs) and 18.20.150 (Signs) of this chapter Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Thematic Elements P Utilities–Minor P Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 35. That paragraph .0110 is hereby deleted and paragraphs .0118 and .0120 of subsection .010 of Section 18.22.080 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0110 Massage parlors.Deleted. .0118 Public dance hallsDance Venue, as defined in Chapter Section 4.1618.3418.92.070 (Amusement and Entertainment Premises – DancesEntertainment"D" words, terms and phrases.) of Chapter 18.92. [DRAFT] ATTACHMENT NO. 2 62 .0120 Saunas and spas and/or Turkish baths. SECTION 36. That subsection .040 of Section 18.24.100 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Saunas and/or Turkish bathsspas, except when integrated into a hotel use; SECTION 37. That Table 30-A (Primary Uses: Dowtown Mixed Use Overlay Zone) of Section 18.30.030 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Antennas–Broadcasting P Conditional use permit required, if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature [DRAFT] ATTACHMENT NO. 2 63 Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Antennas–Telecommunications P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to § 18.38.060 (Mechanical and Utility Equipment – Ground Mounted) Automotive–Public Parking P Bars & Nightclubs C Billboards N Business & Financial Services P Commercial Retail Centers C Community & Religious Assembly C Conditional use permit not required for museums Computer Internet & Amusement Facilities C Convalescent & Rest Homes C Convenience Stores C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Day Care Centers C Educational Institutions–Business C Educational Institutions–General C Entertainment Venue C [DRAFT] ATTACHMENT NO. 2 64 Golf Courses & Country Clubs C Golf courses and putting greens may be allowed if accessory to a primary permitted use Group Care Facilities C Subject to § 18.36.040.070 Hotels & Motels C Motels not allowed Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small C Delicatessens that primarily serve take-out customers do not require a conditional use permit Medical & Dental Offices P Offices–General P Personnel Services–General P On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150; massage only as a part of a spa or dance and fitness studiosubject to §18.16.070 Public Services P Recreation–Bowling & Billiards P Recreation–Commercial Indoor C Recreation–Low-Impact C Recreation–Swimming & Tennis P Recycling Services–Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services–Limited C Restaurants–General P Subject to § 18.38.220 (Restaurants – Outdoor Seating and Dining) Restaurants–Semi-EnclosedOutdoor Dining C [DRAFT] ATTACHMENT NO. 2 65 Restaurants–Walk-Up P Retail Sales–General P Retail Sales–Kiosks C If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Regional P Retail Sales–Used Merchandise P Antique shops only Studios–Broadcasting C Studios–Recording P Transit Facilities C Bus depots prohibited Utilities–Major C Utilities–Minor P SECTION 38 That Table 30-B (Accessory Uses and Structures: Downtown Mixed Use Overlay Zone) of Section 18.30.030 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 30-B ACCESSORY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Amusement Devices P Subject to Chapter Section 4.1418.16.0650 (Amusement Devices) Animal Keeping P Subject to § 18.38.030 (Animal Keeping) Antennas–Dish P Conditional use permit required, if facilities are not completely screened [DRAFT] ATTACHMENT NO. 2 66 from view from a public right-of-way or not disguised as an integral architectural feature; subject to § 18.38.050 (Antennas – Receiving) Antennas–Receiving P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to § 18.38.050 (Antennas – Receiving) Caretaker Units C Day Care–Large Family C Subject to 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Fences & Walls P Subject to § 18.46.110 (Screening, Fences, Walls and Hedges); this use may occur on a lot with or without a primary use Home Occupations P Subject to § 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening); this use may occur on a lot with or without a primary use Mechanical & Utility Equipment–Ground Mounted P Subject to § 18.38.160 (Mechanical and Utility Equipment – Ground Mounted) Mechanical & Utility Equipment–Roof Mounted P Subject to § 18.38.170 (Mechanical and Utility Equipment – Roof Mounted) Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P Signs P Subject to Chapter 18.44 (Signs) Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be [DRAFT] ATTACHMENT NO. 2 67 parallel to the roof plane Thematic Elements P Vending Machines P Shall be screened from view from public rights-of-way, and shall not encroach onto sidewalks SECTION 39. That Table 32-A (Primary Uses – Mixed Use Overlay Zone) of Section 18.32.030 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C 24-hour on-site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Sales–Off- Sale C Alcoholic Beverage Sales–On- Sale C Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Bars & Nightclubs C Business & Financial Services P [DRAFT] ATTACHMENT NO. 2 68 Computer Internet & Amusement Facilities C Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios– Large C Dance & Fitness Studios– Small P Educational Institutions– Business C Entertainment Venue C Markets–Large C Subject to § 18.38.22018.38.155 Markets–Small C Subject to § 18.38.22018.38.155 Medical & Dental Offices P Offices P Personnel Services–General P Personnel Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Restaurants–Semi EnclosedOutdoor Dining Restaurants–General P Subject to § 18.38.220 Retail Sales–General P [DRAFT] ATTACHMENT NO. 2 69 Retail Sales–Kiosks C Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use SECTION 40. That subsection .020 of Section 18.36.020 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Inclusion of Specific Uses. In case of uncertainty, tThe Planning Director has the authority to shall make an interpretation whether a specific proposed use fits within an existing use class as either a permitted or conditionally permitted use. If it does not, the use may be considered under subsection 18.66.040.030 (Unlisted Uses Permitted). This chapter may be amended to include a new use class within which the proposed use fits, and the provisions of the zone are amended to include the new use class as permitted or conditionally permitted. SECTION 41. That subsection .020 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 “B” Use Classes. Bars & Nightclubs. This use class consists of establishments that primarily serve beer, wine, or other alcoholic beverages to be consumed on-premises, and that may offer entertainment such as music and dancing as a secondary activity. Bar & Nightclub. This use class consists of establishments other than accessory bar, that primarily serve beer, wine, or other alcoholic beverages to be consumed on-premises. with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide accessory music and/or live entertainment as defined in 18.92.040, for patrons to be entertained, that is regularly open to the public with or without the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined in this chapter. Typical land uses include night clubs, bars with entertainment, and bars. Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast and snacks to the guests. [DRAFT] ATTACHMENT NO. 2 70 Beekeeping. This use class consists of raising bees, other than in a closed container, for any purpose. Billboards. This use class consists of billboards, as defined and regulated by Chapter 18.44 (Signs). Boat & RV Sales. This use class consists of establishments for the sale, long-term lease, or rental of boats and recreational vehicles, including onsite outdoor storage and display of such vehicles for sale, lease or rent. The repair of boats and recreational vehicles is considered "Automotive–Repair." Building Material Sales. This use class consists of the sale of materials used for the construction of buildings, the incidental sale of landscaping materials, and the incidental sale or rental of tools. This use typically includes the storage of considerable quantities of such materials outdoors and/or in structures other than the main building. Typical uses include lumberyards, tile and roofing-materials stores. Business & Financial Services. This use class consists of establishments providing services oriented to business matters and involving significant walk-in contact with the public. Typical uses include consumer-oriented financial services, such as banks and tax preparation services, duplicating and faxing services, printing services, and real estate sales offices. Business services that do not involve significant public contact are classified under the Offices use class. SECTION 42. That subsection .040 of Section 18.36.040 Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 "D" Use Classes. Dance & Fitness Studios–Large. This use class consists of the use of a space four thousand (4,000) or more square feet in gross floor area for dance classes, exercise programs, health spaclub, and general fitness training. Dance & Fitness Studios–Small. This use class consists of the use of a space less than four thousand (4,000) square feet in gross floor area for dance classes, exercise programs, health spaclub, and general fitness training. Day Care Centers. This use class consists of day care centers, as defined in Section 1596.76 of the California Health and Safety Code, where day care is provided for more than fourteen (14) children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. This use class also includes day care facilities for adults, as defined in Chapter 18.92 (Definitions). Drive-Through Facilities. This use class consists of establishments that are designed or operated to serve a patron who is seated in an automobile or similar vehicle. This use class is [DRAFT] ATTACHMENT NO. 2 71 intended to be applied in conjunction with another use class that defines the service or goods being provided. SECTION 43. That subsection .050 of Section 18.36.040 Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 “E” Use Classes. Educational Institutions-Business. This use class consists of facilities for teaching business, technical, computer and similar subjects to adult students who pay tuition, operated by an organization or business other than a public agency. Educational Institutions-General. This use class consists of facilities for primary, secondary, or adult education, including elementary, junior high, high schools, and colleges, operated by a private entity, but excluding those classified as Educational Institutions-Business. Educational Institutions-Tutoring. This use class consists of primary or secondary education tutoring facilities for up to ten children at a time to receive supplemental instruction of academic courses on a one-on-one basis. No classrooms or large group sessions are included as part of these facilities. Entertainment Venue. This use class consists of establishments that provide entertainment as a primary business for patrons to attend. Entertainment can include music and/or live entertainment for patrons to dance or otherwise be entertained, that is regularly open to the public with or without the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business. The entertainment typically generates income for the establishment and is the primary reason for patrons to attend. Establishments under this land use category are typically open past typical dinner hours and may or may not serve alcohol. Facilties that serve alcohol would also fall under the “Alcoholic Beverage Sales-On-Sale” land use category. Typical land uses include comedy clubs, dance venues that do not serve alcohol, entertainment facilities with a cover charge, karaoke facilities, movie and live-performance theaters, and studios with live audiences not classified as “Sex-Oriented Business. This land use does not include facilities that offer entertainment as an accessory land use. Equipment Rental-Large. This use class consists of facilities that rent equipment for home repair, construction activities, industrial and office use, and other similar uses. Equipment that is self-propelled, such as tractors and trucks, and equipment that is larger than customarily used by a homeowner are included. Equipment Rental-Small. This use class consists of facilities that rent equipment for parties, minor home repair and medical equipment. Such equipment is typically stored within a building. [DRAFT] ATTACHMENT NO. 2 72 SECTION 44 That subsection .090 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .090 "I" Use Classes. Industry–Limited. This use class consists of the production and processing of goods from fabricated items or raw materials which are lower in intensity, clean and are generally more compatible when located adjacent to commercial areas., as well as on-site cleaning facilities. Management offices and incidental services for employees, such as recreational facilities, are included. All operations shall be conducted entirely within an enclosed building. This classification does not include basic industrial processing from raw materials, food processing, uses that generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, except in conjunction with a grocery store or restaurant, or operations involving large furnaces, plating, heat treating, enamel coating, or lacquering. Typical uses include the manufacture of clothing, furniture, electronic equipment, novelty items, and toys; cleaning plants; machine shops; powder coating; parcel delivery services; food processing; and mail-order sales facilities. Industry–GeneralHeavy. This use class consists of the heavy production and processing of goods from fabricated items or raw materials. Management offices and incidental services for employees, such as recreational facilities, are included. Operations that are not conducted entirely within an enclosed building are excluded. This classification includes basic moderate to heavy industrial processing from raw materials, food processing, animal slaughter, and operations involving ;large heat treating furnaces, plating, heat treating, enamel coating, or lacquering. Typical uses include the manufacture of metal products, and batteries, concrete batching, metal smelting and any other industrial manufacturing that generates noise, fumes, odors or dust or other undesirable effects that can affect adjacent properties or sensitive land uses. SECTION 45. That subsection .130 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .130 “M” Use Classes. Markets-Large. This use class consists of the retail sale of fresh produce, perishable goods, meats, seafood, packaged food products, general household goods, and beverages, primarily for off-site preparation and consumption. Uses include supermarkets, grocery stores, or delicatessens over fifteen ten thousand (1510,000) square feet in size. Establishments at which twenty-five percent (25%) or more of the gross floor area is used for sales of prepared food or beverages for on-site or take-out consumption are classified as a restaurant use. This use class may include accessory banking, bakery, delicatessen services and sales. [DRAFT] ATTACHMENT NO. 2 73 Markets-Small. This use class consists of the retail sale of fresh produce, perishable goods, meats, seafood, packaged food products, general household goods, and beverages, primarily for off-site preparation and consumption. Uses include small grocery stores and delicatessens less than fifteen ten thousand (1510,000) square feet in size but not Women, Infant and Children (W.I.C.) stores. Establishments at which twenty-five percent (25%) or more of the gross floor area is used for sales of prepared food or beverages for on-site or take-out consumption are classified as a restaurant use. This use class may include accessory banking, bakery, and delicatessen services and sales. Medical & Dental Offices. This use class consists of the provision of medical and dental services, colonoscopy and laser hair removal services with a licensed physician present, acupuncture, but not including acupressure, unless in accordance with the provisions of Chapter Section 4.2918.16.070 (Massage Establishments). Medical laboratories that serve on-site or nearby medical or dental offices are included. Facilities providing for overnight stays are not included. Mortuaries. This use class consists of services involving the care and preparation of human dead other than in a cemetery. This classification does not include the on-site interment of the dead or their remains. SECTION 46. That subsection .160 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .160 “P” Use Classes. Personal Services-General. This use class consists of services and incidental sales of a personal nature not covered by the Personal Services-Restricted use class. Typical uses include beauty salons (including permanent facial make-up); nail salons; barbershops; diet centers; dry cleaners; laundromats; and art, music and photography studios. Personal Services-Restricted. This use class consists of any business activity for which a permit is required pursuant to Chapter 4.29 (Massage Establishments), except as may be allowed by the Medical & Dental Offices use class; any business activity for which a permit is required pursuant to Chapter 4.31 Plant Nurseries. This use class consists of the sale and cultivation of ornamental and/or produce-bearing trees, shrubs, and plants, including incidental sale or rental of garden and landscape materials and small equipment. Outdoor storage of such materials and equipment is included. (Figure Model Studio Establishments; tattoo parlors; saunas; and Turkish baths and spas. Public Services. This use class consists of administrative, clerical, direct service-related, or public contact offices of federal, state or local government agencies, together with incidental [DRAFT] ATTACHMENT NO. 2 74 storage and maintenance of government vehicles. This classification includes offices and post offices. SECTION 47. That subsection .180 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .180 “R” Use Classes. Recreation-Billiards. This use class consists of bowling alleys and facilities containing pool or billiard tables provided for users other than the occupants/residents of the facility. Facilties that serve alcohol would also fall under the “Alcoholic Beverage Sales-On-Sale” land use category. Recreation-Commercial Indoor. This use class consists of recreational and entertainment operations taking place fully within an enclosed structure. Typical uses include amusement arcades, bowling alleys, haunted houses, family fun centers, public dance halls, public entertainment, including restaurants with public entertainment, movie and live-performance theaters, studios with live audiences not classified as “Sex-Oriented Business,” bounce houses and any other indoor amusement or entertainment uses not listed elsewhere. Recreation-Commercial Outdoor. This use class consists of establishments providing amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart racing, horse stables, skate parks, water parks, and any other outdoor amusement or entertainment uses not listed elsewhere. Recreation-Low-Impact. This use class consists of low impact outdoor recreational uses. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and plazas. Recreation-Swimming & Tennis. This use class consists of outdoor swim clubs and tennis courts. Recycling Services-General. This use class consists of large-scale waste collection facilities as defined as a “Large Collection Facility” in Chapter 18.48 (Recycling Facilities). This classification does not include storage of topsoil for use under an approved quarry reclamation plan. Recycling Services-Processing. This use class consists of a waste recycling “Processing Facility” as defined in Chapter 18.48 (Recycling Facilities). Repair Services-General. This use class consists of on-site repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or industrial equipment. [DRAFT] ATTACHMENT NO. 2 75 Repair Services-Limited. This use class consists of on-site repair and incidental sales of supplies for consumer items, such as small household goods, shoes, clothing, watches, cameras and similar items, conducted within an enclosed building. Research & Development. This use class consists of the research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms. Restaurants-Drive-Through. This use class consists of establishments serving drinks and food prepared on-site to patrons seated in an automobile. This classification includes all restaurants with drive-through facilities. Restaurants-General. This use class consists of establishments serving drinks and food prepared on-site, which do not have drive-through facilities, and which do not serve patrons seated in an automobile. This use class includes fast food and stand-alone bakeries. Restaurants that convert to a bar or nightclub during a portion of their operating hours would be classified as an “Entertainment Venue” land use. Restaurants-Semi-EnclosedOutdoor Dining. This use class consists of establishments serving drinks and foods, in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an accessory outdoor dining area. Restaurants-Walk-Up. This use class consists of restaurants that serve drinks and food to patrons who walk up to a window or counter, but that do not provide seating for the patrons within the restaurant. Retail Sales-General. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which primarily sell specialized items, or are primarily oriented to a neighborhood and/or citywide customer base. All sales and storage are conducted completely within an enclosed building. This classification includes fortune-telling and stores selling clothing, hardware, art, books, flowers, jewelry, over-the-counter and/or prescription drugs, flooring, furniture and merchandise through the County of Orange Women, Infant and Children (W.I.C.) program (provided it is not in combination with any other use that requires a conditional use permit), as defined in Chapter 18.92 (Definitions). Retail Sales-Kiosks. This use class consists of establishments located within temporary or permanent freestanding structures having one or more open sides or openings, and operated for the purpose of the retail sale of food, drink or merchandise. All storage is conducted completely within the structure, and all sales are made from within the structure to the patron on the outside. Retail Sales-Outdoor. This use class consists of establishments engaged in retail sale of goods or provision of services that require outdoor display of merchandise. This use class may be applied with another use class that allows sales only within an enclosed building. Typical uses include the sale of gardening tools and materials in conjunction with a home-improvement store. [DRAFT] ATTACHMENT NO. 2 76 Retail Sales-Regional. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which are primarily oriented toward a regional customer base. All sales and storage are conducted completely within an enclosed building. Typical uses include large department stores, big box retail stores, bulk food and household goods stores, home-improvement stores, and retail sales from warehouse-type structures. Retail Sales-Used Merchandise. This use class consists of establishments engaged in the retail sale of goods that have been previously owned by an actual or potential user of the goods. This use class includes the sale of reconditioned merchandise. All sales and storage are conducted completely within an enclosed building. Typical uses include consignment stores, antique stores, pawn shops, and used furniture and book stores. Room & Board. This use class consists of establishments, including boardinghouses with or without meals, providing living accommodations for guests, on a commercial basis, for typical stays of more than seven (7) consecutive nights, with no cooking facilities in the guest rooms. The total number of people living in the building, including permanent residents, live-in operators, and guests, shall not exceed fifteen (15) people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities are not included. SECTION 48. That subsection .190 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .190 “S” Use Classes. Self Storage. This use class consists of establishments providing storage services, primarily for personal effects and household goods, within enclosed storage areas having individual access. The incidental sale of boxes and packing materials is included. Sex-Oriented Businesses. This use class consists of establishments defined as sex-oriented businesses in Chapter 18.54 (Sex-Oriented Businesses). Studios–Broadcasting. This use class consists of facilities used for the broadcasting of radio, television or Internet programs. Facilities with live audiences shall be considered “Recreation– Commercial IndoorEntertainment Venue.” Studios–Recording. This use class consists of facilities used for the recording of music and other voice communications, for the purpose of dissemination by broadcast, the Internet, compact disks or similar media. Recording studios with live audiences shall be considered “Recreation–Commercial Indoor.” SECTION 49. [DRAFT] ATTACHMENT NO. 2 77 That subsection .030 of Section 18.36.050 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Amusement Devices. This use class consists of fewer than fivesix (56) or fewer amusement devices, orand any number of amusement devices that occupy twenty-five forty-nine percent (2549%) or less of the public floor area of an establishment. SECTION 50. That new subsection .105 be and the same is hereby, added to Section 18.36.050 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code to read as follows: .105 Entertainment – RestaurantAccessory. This use class consists of accessory entertainment offered in conjunction with a restaurant as defined in Section 18.92.210 of this Code or other primary land useof this Code. The entertainment provided is intended to be part of the service provided at the establishment and is not the primary draw of customers to the establishment. The entertainment is not the primary source of income for the establishment. Typical land uses are coffee houses with live music, restaurants with live music, and accessory music within a bar. SECTION 51. That new Section 18.38.085 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: 18.38.085 RECREATION – BILLIARDS Recreation - Billiards are subject to the provisions of this section. .010 The applicant shall submit plans to the Building Division demonstrating that the building has the proper occupancy for the proposed use. .020 The applicant shall obtain a Amusement Permit from the Planning Services Division, prior to operation of the business. .030 The hours of operation shall cease at 11 p.m., daily. Later operating hours can be requested through a conditional use permit. .040 A Burglary/Robbery Alarm Permit application, Form APD 516 and Emergency Listing Card, Form APD-281shall be completed and returned to the Police Department prior to initial alarm activation. .050 That the exterior windows shall remain transparent and any window signs shall be placed so that visibility into the exterior is readily possible from the outside. If windows are tinted, they shall be light enough for clear visibility into the facility. [DRAFT] ATTACHMENT NO. 2 78 .060 That the activities occurring in conjunction with the operation of the billiard hall shall not cause noise disturbance to surrounding properties. .070 That all doors serving the billiard hall shall comply with the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and in cases of emergencies. .080 That the parking lot serving the billiard hall premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. .090 That any existing or future public telephones shall be located inside the billiard hall building. Existing exterior telephones shall either be removed or placed inside the building. .100 That the sales and consumption of alcohol shall be prohibited unless a conditional use permit has been obtained for such sales. .110 The business operator is responsible for maintaining the area around the billiard hall. The business shall be established so that any adjacent residential land uses will not be affected by the operation. There shall not be any outdoor areas adjacent to residentially established land uses. SECTION 52. That Section 18.38.095 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.095 CARNIVALS AND CIRCUSES .010 General. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go-round, traveling show, or other similar or related type of public amusement place, unless a special event permit to do so has been issued as hereinafter provided and is in full force and effect. Where permitted in the underlying zone, all temporary carnivals and circuses are subject to the provisions of this section, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Title 4 (Business Regulation) and Section 18.38.240 (Special Events) of the Anaheim Municipal Code. .015 Carnival Definition. A carnival is any event, promotion or sale sponsored by a business, shopping center or organization but operated by a third party vendor which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, [DRAFT] ATTACHMENT NO. 2 79 flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. .020 Location Requirements. .0201 Distance. No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Anaheim. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than three hundred (300) feet to any occupied dwelling. Carnivals, fairs, and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations, may be exempted from this requirement by the Chief of Police provided that the amusement activity will not, in the judgment of the Chief of Police, be a nuisance to residents within the three hundred foot radius of such activity. .0202 Streets. No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit. .030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or circus shall be issued for any project site during any calendar year; except that up to four (4) permits for a carnival or circus may be issued for commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. Project sites include, but are not necessarily limited to, the following: .0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels. .0302 Any Business or Commercial Retail Center. For the purposes of this section the term, the term “Business or Commercial Retail Center” shall mean one (1) or more businesses that are either (i) located on a single parcel of property or (ii) located on a group of parcels which are developed as a single project with shared vehicle access, driveways and/or parking. .0303 Any single parcel developed with a single land use or group of uses other than a business or commercial retail center. .0304 Any group of adjoining parcels developed with a group of land uses other than a business or commercial retail center, and which parcels are developed as a single project with shared vehicle access, driveways and/or parking. .040 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same project site for which the maximum number of permits for special events, as defined in Section 18.92.220 (“S” Words, Terms and Phrases), has already been issued during the same calendar year.The limitation contained in this section shall not apply [DRAFT] ATTACHMENT NO. 2 80 to commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. .050 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days. .060 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit the following information on a plan, or plans, to the Planning Services Division for review and approval as required on the application, to verify that the carnival or circus use of the site is not likely to have an adverse impact on surrounding land uses. The plan(s) shall accurately and clearly depict the site on which the carnival or circus is proposed. No permit shall be issued for a carnival or circus if the submitted plan(s) are not approved. The following information shall be provided on the plan: .0601 Exact location and parcel(s) on which the carnival or circus is proposed, including the site dimensions and names of the adjacent streets and highways; and .0602 The addresses of the underlying parcel, or parcels, on which the carnival or circus is proposed or, if proposed in a business of commercial retail center or other site developed with other uses, the names and addresses of all the tenants or occupants; and .0603 Any existing buildings or other large structures on the site, including the square footage and main entrances of such buildings and structures; and .0604 All vehicle access to the site from adjoining streets, highways and alleys; and .0605 The parking area, including the number of parking spaces; and .0606 Any adjacent residential zoning or land uses, including any residential zoning or land uses on the opposite side of any street, highway and alley, to determine whether any occupied single-family or multiple-family dwellings (such as apartments, condominiums, houses or townhouses) are located within three hundred (300) feet of the proposed project site. No permit shall be issued for a carnival or circus if any occupied dwelling is located within three hundred (300) feet of the project site, except as otherwise permitted by Section 4.53.050 (Location Requirements) of Chapter 4.53 (Carnivals and Circuses); and .0607 The areas proposed for the installation of any structures or equipment, or the storage thereof; and .0608 Any additional information that may be required by the Planning Services Division to adequately describe the project site and nearby land uses. .070 Parking. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Planning Director shall take into account the availability of off-street parking areas to accommodate the automobiles which can be reasonably be anticipated in connection with the amusement activity. If the use of a parking area serving a [DRAFT] ATTACHMENT NO. 2 81 business or commercial retail center, or a parking area serving a site developed with other uses, is proposed, the site plan required under subsection .040 herein shall also be reviewed and approved to The Planning Director will verify that any use of such parking areas does not reduce the number of parking spaces to less than the number of spaces reasonably required for the existing businesses and uses. No permit shall be issued for a carnival or circus if the site does not have adequate parking. Off-street Parking. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Chief of Police shall take into account the availability of off-street parking areas to accommodate the automobiles which can reasonably be anticipated in connection with the amusement activity for which an application has been made. If the Chief of Police determines that the amount of off-street parking area available adjacent to and in the immediate vicinity of the proposed location of the amusement activity is inadequate, he may disapprove the application in whole or in part. In making this determination, the Chief of Police shall take into account such things as the size of the amusement activity, the hours of operation, the type of uses in the vicinity and the availability of on-street parking. .080 Operational Standards. The carnival and circus shall continually adhere to the following operational standards for the duration of the event: .0801 Amplified Sound. All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations: (a) The only sounds permitted are music and human speech. (b) The human speech and music amplified shall not be profane, lewd, indecent or slanderous. (c) The volume of sound shall be controlled so that it will not be audible for a distance in excess of two hundred feet from its source, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (d) No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification. .0802 Building and Fire Codes. All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Anaheim. Upon request, permittees shall furnish proof to the City of Anaheim that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a public assemblage, the following rules shall apply: (a) No flammable or explosive liquid or gas shall be stored or used in, or within fifty feet of, such tent. [DRAFT] ATTACHMENT NO. 2 82 (b) Smoking shall not be permitted within any such tent, and NO SMOKING signs shall be prominently displayed throughout such tent, and at each entrance thereof. (c) Such tent and bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire-retardant solution. (d) All weeds and flammable vegetation in or within thirty feet of such tent shall be removed and prevented from regrowing. (e) The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises, unless allowed pursuant to a permit from the Fire Department. (f) Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or would delay or interfere with the extinguishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department. .0803 Cleaning Area. Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement activity is carried on or conducted. .0804 Clean Up Required. In order to insure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by the Planning Director for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. .0805 Emergency Lighting. The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited. .0806 Fencing and Pedestrian Control. The Chief of Police may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. He may also designate the means of pedestrian ingress and egress for the said amusement activity. .0807 Health and Sanitation. The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the County Health Officer, and by applicable State, County and City laws. [DRAFT] ATTACHMENT NO. 2 83 .0808 Hours of Operation. No amusement activity regulated by this chapter shall operate between twelve midnight and 8:00 a.m. of the following morning. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect surrounding residential areas. .0809 Liability Insurance. As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Risk Manager a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of one million dollars combined single limit per occurrence. The applicant shall furnish the Risk Manager an endorsement to said policy naming the City of Anaheim, its officers, agents and employees as additional insureds. The said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Anaheim. .0810 Lighting. All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. .0811 Paving. All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Building Department may prescribe the type of amusement activity, the type of area being used, its proximity to other areas, and the length of time for which the permit is issued. SECTION 53. That paragraph .0406 of subsection .040 of Section 18.38.095 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0406 Any adjacent residential zoning or land uses, including any residential zoning or land uses on the opposite side of any street, highway and alley, to determine whether any occupied single-family or multiple-family dwellings (such as apartments, condominiums, houses or townhouses) are located within three hundred (300) feet of the proposed project site. No permit shall be issued for a carnival or circus if any occupied dwelling is located within three hundred (300) feet of the project site, except as otherwise permitted by Section 4.53.05018.38.095.020 (Location Requirements) of Chapter Chapter 18.38.095 (Carnivals and Circuses)4.53 (Carnivals and Circuses);; and SECTION 54 That Section 18.38.110 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.110 CONVENIENCE STORES [DRAFT] ATTACHMENT NO. 2 84 Uses classified as Convenience Stores are subject to the provisions of this section. .010 No advertising of alcoholic beverages shall be located outside the building nor shall advertising on the interior be visible from the exterior of the building. Audible advertising of alcoholic beverages shall be prohibited. .020 No display of alcoholic beverages shall be located outside the building or within five (5) feet of any entrance used by customers. .030 No alcoholic beverages shall be consumed on the premises. .040 No sales of alcoholic beverages shall be made to customers outside the building. .050 No person under the minimum age established by the State shall be permitted to sell alcoholic beverages. .060 No exterior vending machines shall be permitted. .070 No video, electronic or other amusement devices or games shall be permitted. .080 No roof-mounted balloons or inflated devices shall be permitted. .090 No outdoor storage or stacking of shopping carts shall be permitted. .100 Any public telephones shall be inside the building and within the control of the operator of the business. .110 All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all windows visible to the public right-of-way. .120 No storage, display or sales of any merchandise, fixtures or other material shall be permitted outside the building, except as may be permitted with a special event permit approved by the Planning Department. .130 The parking lot serving the premises shall be maintained with sufficient lighting power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. The lighting shall be directed, positioned and shielded so as not to illuminate adjacent properties. A plan showing the lighting shall be submitted to the Community Services Division of the Police Department for review and approval. .140 The property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty eight (48) hours from time of occurrence. .150 All trash generated by the use shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate, and the trash pick-up [DRAFT] ATTACHMENT NO. 2 85 shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse. The Community Preservation Division of the Planning Department shall determine the adequacy of the bins and pick-ups, and may require additional bins or pick-ups. All costs for meeting these requirements shall be paid for by the business owner. .160 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. .170 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. .180 All new convenience markets or new construction within an existing market shall incorporate the following requirements into the development of the center. .1801 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one- gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. .1802 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. .1803 That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. .1804 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. .1805 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti. .1806 That prior to final building and zoning inspection, the applicant shall: [DRAFT] ATTACHMENT NO. 2 86 .01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. .02 Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. .03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. .04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. .1807 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). SECTION 55. That Section 18.38.115 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: 18.38.115 COMMERCIAL CENTERS All commercial centers shall comply with the provisions of this section. .010 All commercial centers shall adhere to the following operating conditions. .0101 That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. .0102 That wheel stops shall be properly maintained at all times. .0103 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. [DRAFT] ATTACHMENT NO. 2 87 .0104 No outdoor storage shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance. .0105 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. .020 All new commercial centers or new construction within an existing commercial center shall incorporate the following requirements into the development of the center. .0201 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one- gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. .0202 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. .0203 That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. .0204 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. .0205 That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a “Reports and Recommendations” item. .0206 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti. .0207 Each different unit within the shopping center shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. The address [DRAFT] ATTACHMENT NO. 2 88 numbers shall be positioned so as to be readily readable from the street and shall be illuminated during hours of darkness. .0208 That prior to final building and zoning inspection, the applicant shall: .01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. .02 Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. .03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. .04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. .0209 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). .0210 That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director. .0211 That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernable the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence. SECTION 56. That paragraph .0110 of subsection .010 of Section 18.38.120 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0110 Restaurants, General or Semi-EnclosedOutdoor Dining, with or without cocktail loungeaccessory bar and/or on-premise sale and consumption of alcoholic beverages, with no public entertainment but not an“Entertainment Venue”; SECTION 57. [DRAFT] ATTACHMENT NO. 2 89 That new Section 18.38.155 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as follows: 18.38.155 MARKETS All markets shall comply with the provisions of this section. .010 All markets shall adhere to the following operating conditions. .0101 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. .0102 That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. .0103 No outdoor storage shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance. .0104 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. .020 All new markets or new construction within an existing market shall incorporate the following requirements into the development of the center. .0201 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one- gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. .0202 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be [DRAFT] ATTACHMENT NO. 2 90 painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. .0203 That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. .0204 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. .0205 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti. .0206 That prior to final building and zoning inspection, the applicant shall: .01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. .02 Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. .03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. .04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. .0207 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). .0208 That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director. .0209 That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernable the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence. [DRAFT] ATTACHMENT NO. 2 91 SECTION 58. That Section 18.38.200 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.200 OUTDOOR STORAGE The provisions of this section shall apply to outdoor storage, including but not limited to, vehicles of any kind, boats, trailers, machinery and other equipment or material, or the component parts of such vehicles, boats, trailers, machinery, equipment or material, where such storage would otherwise be visible from an adjacent or nearby non-industrial zone or use, or public right-of-way. It does not apply, however, to uses classified as automotive–car sales and boat & RV sales, provided such outdoor storage is solely for the purpose of displaying vehicles that are immediately available for sale, lease, or rent. It also does not apply to uses classified as Automotive–Parking, provided the vehicles are legally parked and are not parked overnight. .010 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height, as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying zone, or unless a higher fence is required or approved by the City. All stored equipment or material shall be located below the fence height and shall not be visible above the fence. The wall or fence shall be kept in a clean, neat and painted condition, and free of graffiti. The design and the materials used for the fence or wall shall comply with the provision of Section 18.46.110 (Screening, Fences, Walls and Hedges), including Table 46-A (Required Fences and Walls) in Chapter 18.46 (Landscaping and Screening) when such fence or wall abuts a residential use, a residential zone, a mixed use zone or a railroad, unless otherwise provided in this section. .020 Location. Outdoor storage shall not be located in any required setback area. It shall be confined to the rear of the main structure(s), or the rear two-thirds of the site, whichever is the more restrictive., except as may be permitted under conditional use permit for Outdoor Storage Yards. When it is located adjacent to residential zones, it shall be at least fifteen (15) feet from the property line. .030 Gates. All gates for access to the property shall swing inwardly or slide sideways. The gates shall be kept closed when not in use, except that the gate may be kept open during business hours, if the interior or contents of the storage yard cannot be seen from non-industrial areas or public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. .040 Surface Conditions. The storage area shall be properly graded and a layer of gravel at least one-inch thick, or a layer of concrete or approved asphaltic material or similar substance shall be placed over the entire surface, or as approved by City staff. Additional limitations may be imposed if vehicles, such as trucks or forklifts, are regularly used in this area. .050 Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall. Any graffiti shall be removed within forty- [DRAFT] ATTACHMENT NO. 2 92 eight hours of occurrence. All required shrubs and vines planted shall be maintained as shown on plans submitted and approved by the Planning Services Division. Shrubs and vines that are diseased, damaged and /or dead shall be replaced in a timely manner. .060 Height of Storage. All outdoor storage shall be below the height of the enclosing fence or wall. .070 Vehicles and Parking. All required parking spaces shall be maintained and kept open for parking. All vehicles shall be parked or stored in an orderly manner. Required parking spaces and accessways may not be used for storage. Fire lanes shall be posted with “No Parking Anytime.” .080 Liquids. All gasoline, oil or other liquids shall be drained and removed from any unregistered vehicle located in the storage area. .090 Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard or salvage yard, unless a junkyard or salvage yard has been approved as a use on the parcel. .100 Vacant Parcels. No storage shall occur on any vacant parcel, except as may be permitted for by conditional use permit for outdoor storage yards. .110 Temporary Storage of Building Materials. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. .120 Hazardous Materials. No hazardous materials may be stored in a location exposed to rain. Hazardous materials storage shall comply with all applicable laws and regulations. .130 Prohibited Activity. No outdoor maintenance, repair or painting of materials and vehicles stored outdoors shall be allowed. No exterior public address systems shall be permitted. .140 Security. Rooftop address numbers for the police helicopter shall be indicated on plans submitted for building permits if a building is proposed. The letters shall be a minimum size of four feet in height and two feet in width. The numbers shall be painted or constructed in a contrasting color to the roofing material. The numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. SECTION 59. That Section 18.38.240 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.240 SPECIAL EVENTS [DRAFT] ATTACHMENT NO. 2 93 No person, business, or organization shall conduct Special Events – Outdoor Activity or Special Events – Flags and Banners without having first applied for and obtained a special event permit pursuant to this section. .010 General. A special event is only allowed for the following types of events: .010 "Special Events – Outdoor Activity”. Any event, promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a school or other charitable non- profit organization, which is held outside the confines of a building but on the same property, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. The display of temporary signs, flags, banners or fixed balloons may be permitted as accessory to the outdoor activity. The following types of events are also considered a “Special Event – Outdoor Activity”: .0101 Christmas tree lot or pumpkin patch. .0102 Carnivals and Circuses. All temporary carnivals and circuses are subject to the provisions of Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Chapter 18.38.095 (Carnivals and Circuses) of Title 18 (Zoning Code) of the Anaheim Municipal Code. .020 “Special Events – Flags and Banners”. The outdoor display of temporary signs, flags, banners or fixed balloons for the promotion of business activities that will be conducted within a building. The following types of banners are also considered Special Events – Flags and Banners: .0201 Grand Opening Banners. .0202 Seasonal Banners. .0203 Service-Bay Banners. .0204 Public Construction Project Banners. .0205 Special Event - Flags or Banners in Residential Zones. .0206 Banners in conjunction with a Business Name Change. .030 Exceptions. The following are not subject to a special event permit: .0301 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. [DRAFT] ATTACHMENT NO. 2 94 .0302 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0303 Private occasional parties which are not open to the public. .0101 Promotional event for a business located on the same property and/or as a fundraiser for a school or other charitable non-profit organization. .0102 Christmas tree lot or pumpkin patch. .0103 Carnivals and Circuses. All temporary carnivals and circuses are subject to the provisions of Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Chapter 18.38.095 .015 The following are not subject to a special event permit: (Carnivals and Circuses) of Title 18 (Zoning Code) of the Anaheim Municipal Code. .0151 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0152 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 .0153 Private occasional parties which are not open to the public. (Signs). .0104 Carnivals and Circuses. All temporary carnivals and circuses are subject to the provisions of Section 18.38.095, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Title 4 (Business Regulation) of the Anaheim Municipal Code. .040 Location - Special Events – Outdoor Activity. Special Events – Outdoor Activity may be allowed, subject to a special event permit, in the following locations: .0401 Any commercial zone; .0402 The “T” (Transition) Zone, provided the property is adjacent to an arterial highway as indicated on the Circulation Element of the General Plan; [DRAFT] ATTACHMENT NO. 2 95 .0403 Any property where the use is one for which a conditional use permit has been issued authorizing a use which is permitted or conditionally permitted in any commercial zone; .0404 Any public or private elementary, junior high or senior high school; .0405 Any location that has a conditional use permit for community and religious assembly. .0406 For Christmas tree lots and pumpkin patches, any commercial zone, “T” (Transition” Zone or “I” (Industrial Zone). .0407 For Carnivals and Circuses, locations identified in Section 18.38.095 (Carnivals and Circuses) of this Chapter. .0408 For auto dealerships adjacent to a freeway that is over five (5) acres in size, the following special events may be permitted in locations approved by the Planning Services Division outside of landscaped setbacks, visitor parking areas and vehicular line of sight triangles: .01 One weekend outdoor event each month. .02 One canopy/tent to be erected for a period of one month, four times per year. .03 One ground-mounted inflatable to be displayed for a period of one month, four times per year. .04 Non-metallic balloons on displayed vehicles for sale. .05 “Snow cone” banners with sign copy, or other merchandising material on light standards within vehicle display areas and light standards along the perimeter landscaping of each site. .06 One banner with a maximum size of 120 square feet on each building elevation. .050 Location - Special Events – Flags and Banners. Special Events – Flags and Banners may be allowed in any commercial zone; in any industrial zone subject to compliance with the provisions of subsection .18.38.240.070.0702; and, in any residential zone, in conjunction with the sale, rent, or lease of residential units, in compliance with the provisions of subsection 18.38.240.070.0702.11. .020 Location. Special events for Carnivals and Circuses shall be permitted in locations identified in Section 18.38.095 (Carnivals and Circuses) of this Chapter. Special events, including the temporary display of signs, flags, banners and/or fixed balloons, for commercial or advertising purposes, may be allowed, subject to a special event permit, in the following locations: [DRAFT] ATTACHMENT NO. 2 96 .0201 Any commercial zone; .0202 The “T” (Transition) Zone, provided the property is adjacent to an arterial highway as indicated on the Circulation Element of the General Plan; .0203 Any use for which a conditional use permit has been issued authorizing a use which is permitted as a matter of right in any commercial zone; .0204 Any public or private elementary, junior high or senior high school; .0205 Any residential zone, in conjunction with the sale, rent, or lease of new residential units, in compliance with the provisions of subsection .040; .0206 Any tile sales facilities with frontage on State College Boulevard in the “I” (Industrial) zone as described in subsection 18.38.250.010 of this chapter and limited to the display of banners and balloons only; and .0207 Any location that has a conditional use permit for community and religious assembly. .0208 For Christmas tree lots and pumpkin patches, any “I” (Industrial Zone). .0209 .060 Duration. Special events permits shall be permitted for the following time periods: .0601 Special Event – Outdoor Activity and Special Events – Flags and Banners. Unless otherwise expressly permitted by this Code, no special event permit shall be issued for a period in excess of nine (9) consecutive calendar days. No business or organization shall be issued more than four (4) special event permits during any calendar year. Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed. .0602 Christmas Tree Lots and Pumpkin Patches. The sale or disposition of Christmas trees or Halloween pumpkins shall expire on the 7th day of January of the year immediately following the Christmas or Halloween for which the permit was approved and issued. For lots that are solely used for pumpkin sales, the permit shall expire ten (10) business days after Halloween. .0603 Carnivals and Circuses shall be permitted for a period of time as identified in Section 18.38.095. .070 Regulations for Conduct of a Special Event. [DRAFT] ATTACHMENT NO. 2 97 .0701 Unless otherwise expressly permitted by this Code, no special event permit for promotional events shall be issued for a period in excess of nine (9) consecutive calendar days. .01 .02 No business or organization shall be issued more than four (4) special event permits during any calendar year. Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed. 0 .67.0701 Special Events – Outdoor Activity .01 Permitted Sales. The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business.No wild or ferocious animals shall be displayed. .02 Parking lots. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. Special events are not permitted in or on parking structures. .03 Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .04 Structures. Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department (for canopies in excess of 400 square feet and tents in excess of 200 square feet), and the Electrical Engineering Division (if the use of electricity is proposed). All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division. .05 Temporary Living Quarters. Temporary living quarters or other temporary structures to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department, Building Division and the Electrical Engineering Division to assure compliance with requirements of all related codes. .06 Hours of Operation. The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. Outdoor activities that may adversely affect adjacent or nearby uses will not be permitted. [DRAFT] ATTACHMENT NO. 2 98 .07 Music. Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels) and shall not cause disturbance to surrounding uses. .08 Signs. Outdoor events are permitted to display one sign advertising the outdoor event. Said sign shall be removed at the conclusion of the special event. .0702 Special Events – Flags and Banners .01 Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .02 Balloons. Metallic balloons, feather or sail-type banners, household linens utilized as banners, and roof-mounted banners and roof-mounted balloons and inflatables are prohibited. .03 Location. and Size. All flags and banners that are visible to the public shall be subject to this section and shall at all times be maintained in good and attractive condition and removed prior to deterioration. Unless otherwise regulated by the following subsections, banners shall not be displayed in a required setback area, in any landscape area or on any fence and must be attached to and parallel with the face of the building for which the banner is intended and secured at all four corners of the banner. The maximum area per banner shall be thirty-six (36) square feet. .04 Size. The maximum area per banner shall be thirty-six (36) square feet. .05 Number. The maximum number of banners permitted is one per street frontage. .0406 Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for the first thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening banner permit does not count toward the annual limit of special event permits regulated by subsection 18.38.240.030. .05 07Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit. .0608 Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or [DRAFT] ATTACHMENT NO. 2 99 the name of the commercial center, but shall not include the name of any individual business or product. .0709 Service-Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right-of- way. The maximum area per banner shall be twenty-four (24) square feet. .0810 Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and/or vehicular access to said business. Approval of the permit shall be subject to the following provisions: (a) The permit shall be limited to one (1) banner, not to exceed thirty-six (36) square feet in area; (b) The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business; (c) The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and (d) Only one (1) special event permit is required for the duration of the construction project. .0911 .0406 Special Event - Flags or Banners in Residential Zones. Special Event - Flags or Banners The temporary display of flags and bannersare permitted in all residential zones may be allowed, subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in new subdivisions and the initial rent or lease of apartment units and all such displays are located subject property. The display shall be subject to the following provisions. (a) Duration of Permits. (1) Apartments are eligible for Special Events – Flags and Banners for one weekend beginning on Friday through Sunday each month for a total of thirty-six (36) days per calendar year, to promote the availability of rental units, subject to the approval of a special event permit. (2) The initial sale of new homes or condominimums, or the initial rent or lease of new apartments are permitted to display flags and banners for up to six (6) months from the date of issuance,. A total of four (4) permits may be granted to advertise new for-sale residential tracts and new condominium complexes; and a total of one (1) permit may be granted to advertise new rental apartment complexes. (b) Display. The display shall be subject to the following provisions. [DRAFT] ATTACHMENT NO. 2 100 (1) No more than two (2) flags shall be permitted for each model home or apartment building in any new residential subdivision, new apartment or new condominium project; provided, however, that not more than ten (10) total flags shall be permitted or displayed for any such project or development. No flag shall exceed twelve (12) square feet in area or six (6) feet in any one dimension. (2) One banner per building elevation facing a public or private street, or parking lot serving the development, shall be permitted for new apartment or new condominium projects. The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the street or seventy-five (75) square feet per building elevation, whichever is less. (3) All flags and banners shall be placed on ground-mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof. .04 All permits issued pursuant to this subsection shall terminate six (6) months after the date of issuance. A total of four (4) permits may be granted to advertise new for-sale residential tracts and new condominium complexes; and a total of one (1) permit may be granted to advertise new rental apartment complexes unless an extension thereof is granted by the Planning Director upon a showing of special circumstances applicable to the project, as authorized by Section 18.38.240 .1012 Banner in conjunction with a Tent. A single banner may be placed on a tent authorized by a special event permit, provided such banner is not placed on top of the tent. (Special Event Permits). All flags and banners shall be removed from the premises once all for-sale units have been sold, regardless of the time remaining on the permit. .1113 Banners in conjunction with a Business Name Change. Banners shall be allowed by special event permit for the covering of a permanent sign with a banner in the event of a business name or ownership change during the interim period when a new permanent sign has not been installed. Such banners shall be permitted for a period of no longer than sixty (60) days and shall not count towards the annual limit of special event permits regulated by subsection 18.38.240.030. .0703 Seasonal event signs, which include holiday decoration and displays as part of the announcement of a seasonal promotional event, may be allowed, subject to a special event permit. Such signs shall be limited to one (1) sign for such uses as Christmas tree lots, pumpkin sales, carnival parades and charitable events, provided the signs are in conjunction with a special event permit for the temporary use. Such signs shall be limited to thirty (30) days per event from the date of erection or date of permit, whichever occurs first. Seasonal event signs shall not include promotional sales signs. Seasonal event signs are not allowed in residential zones. .0704 The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business..0703 Christmas tree lots and pumpkin patches. [DRAFT] ATTACHMENT NO. 2 101 .01 Signs. One event sign may be permitted in conjunction with the Christmas tree lot or pumpkin patch and remain on the property for the duration of the special event. .02 Equipment. There shall be maintained in each premises within which Christmas trees or Halloween pumpkins are sold or offered for sale a fire extinguisher in good order and condition and of a water type approved by the Chief of the Fire Department. .03 Operator. A person of at least eighteen years of age shall be on duty at all times during the sale or disposition of Christmas trees or Halloween pumpkins and all sales shall be made from the premises. .04 Site. The premises shall not be established until adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions. .05 Security. If guards or watchmen are provided for the purpose of watching Christmas trees or Halloween pumpkins on any premises, such guards or watchmen shall be at least eighteen years of age. .06 Sanitation. Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale or disposition of such Christmas trees or Halloween pumpkins, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works. .07 Temporary Structures. Provisions may be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. No such temporary structure, house trailer or tent shall be permitted on the premises unless the same shall have been expressly approved by the Building Division. .08 Inspections. For Christmas tree lots and pumpkin patches, after the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. If the inspection reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas trees or Halloween pumpkins until such time as said premises do conform to such provisions. .09 Clean Up Required. In order to insure that all areas used for Christmas tree lots and pumpkin patches are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by resolution of the City Council for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. .080 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning [DRAFT] ATTACHMENT NO. 2 102 Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .090 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .100 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .110 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Section 18.38.240 may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .120 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1201 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1202 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1203 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1204 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .130 Penalty For Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. [DRAFT] ATTACHMENT NO. 2 103 SECTION 60. That subsection .030 of Section 18.38.245 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Carnivals & Circuses. In addition to the requirements contained in Section 18.38.095 (Supplemental Use RegulationsCarnivals and Circuses) and Chapter 4.53 (Carnivals and Circuses) a conditional use permit shall be required for Carnivals & Circuses. SECTION 61. That Section 18.38.260 (Smoking Lounges) of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 62. That new Section 18.38.270 be, and the same hereby added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as follows: 18.38.270 VETERINARY SERVICES AND ANIMAL GROOMING .010 Mechanical equipment designed to reduce odor emissions from the interior space shall be installed for this tenant space and screened from view. Such information shall be shown on plans submitted for building permits. .020 The following operating conditions shall be adhered to in order to maintain cleanliness of Family Pet Clinic and surrounding parking areas. .0201 A sign shall be posted in the lobby asking clients to advise a staff member of any animal waste outdoors so that it can be properly removed and cleaned. Animal waste bags will be available at all times for clients use. .0202 All cats shall be transported to and from the clinic in a pet carrier and dogs shall be on a leash. .0203 All patients shall wait indoors. .030 All animal holding rooms shall be sound insulated in all walls and ceiling. The demising wall shall be sound insulated and the ceiling throughout the tenant space shall be sound insulated. .040 That A.M.C. Chapter 10.08.020.010 (Use of Public Sewers Required) shall be adhered to by ensuring that all animal excrement is collected immediately and disposed of properly (i.e. either in the sanitary sewer, or sealed and placed in municipal solid waste). [DRAFT] ATTACHMENT NO. 2 104 .050 That A.M.C.Chapter 10.09.020 (Prohibition on Illicit Connections and Prohibited Discharges) shall be adhered to by preventing any active or passive discharge of pollutants from the site, and more specifically by adhering to the following preventative measures: .0501 Washdown of impervious surfaces (including asphalt with gravel covering) during dry weather shall be prevented from flowing offsite by collecting flow for disposal or routing flow to pervious or landscape areas. Regular washdown on a weekly basis at a minimum shall be performed to ensure waste solids, liquids or sanitizing/cleaning products or product residuals are flushed from the impervious areas to a collection area or to pervious areas for infiltration. .0502 Conduct washdown activities immediately prior to rain events to ensure that rain water does not wash waste solids, liquids, sanitizing/cleaning solution products or product residuals, gravel or other pollutants from this site. .0503 Sanitizer or similar sprays being used outdoors shall not be used during windy days or prior to rains when they may be carried offsite. .060 That all trash generated from this dog day care facility shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. SECTION 63. That Section 18.42.040 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.42.040 NON-RESIDENTIAL PARKING REQUIREMENTS. .010 Parking Spaces. Non-residential off-street parking requirements for automobiles and other vehicles shall be determined by the type of use (use class) associated with the property. Table 42-A (Non-Residential Parking Requirements) specifies the number of parking spaces for each non-residential use, regardless of the zone district in which the use is located. .0101 For uses not listed, parking requirements may be those determined to be reasonably necessary by the Planning Services Manager of the Planning Department and/or his or her designee. The Planning Services Manager of the Planning Department and/or his or her designee may require a parking study in order to make this determination. .0102 Except as expressly provided in this section, within a business unit containing more than one (1) use class, the minimum number of parking spaces shall be based on the use class with the highest parking requirement. If a combination of parking ratios applies, the [DRAFT] ATTACHMENT NO. 2 105 number of required spaces shall be the sum total of the requirements for each type of use established. .0103 For purposes of interpretation of this section, “GFA” shall mean gross floor area of buildings as measured from exterior wall to exterior wall. .0104 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. .0105 If the GFA upon which the number of parking spaces is based is less than one thousand (1,000) square feet (or other unit of measurement as designated herein), the minimum number of required spaces shall be prorated in direct proportion to the minimum number of spaces required for each one thousand (1,000) square feet (or other unit of measurement designated herein). Such proration shall also apply in instances where a division of such applicable unit of measurement into the GFA produces a quotient of other than a whole number. .0106 Except as otherwise expressly provided in this chapter, any employee parking space requirements shall be based on the maximum number of employees present at any given time. .0107 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to the applicable Engineering Standard Details pertaining to minimum off-street parking dimensions. .0108 If a parking demand study is required by Table 42-A (Non-Residential Parking Requirements) due to the unique nature of the use, the parking requirements shall be determined by the Planning Services Manager of the Planning Department and/or his or her designee and/or the Planning Commission based on information contained in a parking demand study prepared by an independent traffic engineer licensed by the State of California, or a parking justification letter, as determined by the Planning Services Manager and/or his or her designee. The study shall be provided by the applicant, at its sole expense, to the City at the time of application for such use. .020 Trucks and Other Vehicles. In addition to the requirements in Table 42-A (Non- Residential Parking Requirements), spaces shall be provided for trucks and other vehicles used in the business, of a number and size adequate to accommodate the maximum number and types of trucks and/or vehicles to be parked on the site at any one time. Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops 5 spaces per 10 acres. [DRAFT] ATTACHMENT NO. 2 106 Alcoholic Beverage Sales– Off-Sale 0 spaces (spaces are required for underlying uses only). Alcoholic Beverage Sales– On-Sale 0 spaces (spaces are required for underlying uses only). Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles. Animal Boarding 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Animal Grooming 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Antennas–Broadcasting 2 spaces. Antennas–Private Transmitting None. Antennas– Telecommunications 1 space. Automatic Teller Machines (ATM’s) (Exterior, walk-up facilities not located on properties developed with other retail or office uses.) 2 spaces per machine. Note: No parking spaces are required when located on the exterior building wall of an existing business use, when located within the interior of any other type of business establishment, or when free- standing machines are located on properties developed with other retail or office uses. In addition, no parking spaces are required for drive-up facilities. Automotive–Car Sales & Rental General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space used for parking vehicles to be sold. Auctions: Requires parking demand study per paragraph 18.42.040.010.01070108. Automotive–Car Sales Retail & Wholesale (Office Use Only) 4 spaces per 1,000 square feet of GFA. Automotive–Public Parking None. [DRAFT] ATTACHMENT NO. 2 107 Automotive–Parts Sales 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Automotive–Repair & Modification 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Automotive–Service Stations Stand-Alone: 2 spaces. In Conjunction with Other Uses: 0 spaces. Automotive–Washing In Conjunction with Service Station: 1 space, plus drying area for 5 vehicles. Stand-Alone: 5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles. Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per 1,000 square feet of GFA. Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. Boat & RV Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Business & Financial Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Cemeteries Requires parking demand study per paragraph 18.42.040.010.01070108. Commercial Retail Centers Total parking spaces are equal to the sum of the parking requirements for the individual use types in the center. Community & Religious Assembly 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a parking demand study may be required. [DRAFT] ATTACHMENT NO. 2 108 Computer Internet & Amusement Facilities 0.18 space per computer, or 5.5 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces. Convalescent & Rest Homes 0.8 space per bed. Convenience Stores 5.5 spaces per 1,000 square feet of GFA;if combined with other allowed uses, 3 spaces for the first additional use, and 1 space for each additional use thereafter, except that the extra spaces are not required when the uses are integrated within a commercial retail center. Dance & Fitness Studios– Large Requires parking demand study per paragraph 18.42.040.010.01070108. Dance & Fitness Studios– Small 5.5 spaces per 1,000 square feet of GFA. Day Care Centers 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for loading and unloading children or adult clients onsite. Drive-Through Facilities None as an accessory use, but requires adequate space for queuing. Educational Institutions– Business 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Educational Institutions– General Elementary and Junior High Schools: 1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). High Schools: 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational Institutions– Tutoring 4 spaces per 1,000 square feet of GFA. Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 square feet of dance floor area. Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters–Live Performances: 0.4 spaces per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per [DRAFT] ATTACHMENT NO. 2 109 employee, including performers. Theaters–Single-Screen Motion Picture: 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters–Multi-Screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. Equipment Rental–Large 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. Golf Courses & Country Clubs Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes. Golf Driving Ranges: 1 space per driving tee. Group Care Facilities 0.8 space per bed. Helipads Requires parking demand study per paragraph 18.42.040.010.01070108. Hospitals Requires parking demand study per paragraph 18.42.040.010.01070108. Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full-service, semi-enclosedoutdoor dining, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas. Industry–Limited Industrial–General Limited: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. [DRAFT] ATTACHMENT NO. 2 110 Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–GeneralHeavy Industrial–GeneralHeavy: 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. Junkyards 5 spaces or 5.5 spaces per 1,000 square feet of building GFA, whichever is greater. Markets–Large 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Markets–Small 5.5 spaces per 1,000 square feet of GFA. Medical & Dental Offices 6 spaces per 1,000 square feet of GFA. Mortuaries Requires parking demand study per paragraph 18.42.040.010.01070108. Offices Office-General: 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Oil Production 2 spaces per well. Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, whichever is greater, plus spaces required for [DRAFT] ATTACHMENT NO. 2 111 service vehicles. Personnel Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Personnel Services– Restricted 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Plant Nurseries 5.5 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways. Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Recreation–Bowling & Billiards Bowling Alleys: 6 spaces per bowling lane. Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility. Recreation–Commercial Indoor Amusement Arcades: requires parking demand study per paragraph 18.42.040.010.0107. Bowling Alleys: 6 spaces per bowling lane. Racquetball Facilities: 5 spaces per court. Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA. Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters–Live Performances: 0.4 spaces per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. Theaters–Single-Screen Motion Picture: 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters–Multi-Screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. [DRAFT] ATTACHMENT NO. 2 112 Other Uses: Requires parking demand study per subsection 18.42.040.010.01070108. Recreation–Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee. Other Uses: requires parking demand study per paragraph 18.42.040.010.01070108. Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.01070108. Recreation–Swimming & Tennis Swimming Facilities: requires parking demand study per paragraph 18.42.040.010.01070108. Tennis Courts: 5 spaces per court. Recycling Services– Consumer 0 space (spaces are required for host use(s) only). Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA. Recycling Services– Processing 1.55 spaces per employee. Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Restaurants–General Drive-In, Drive- Through, Fast-Food: 10 spaces per 1,000 square feet of GFA. Take-Out (not to exceed a cumulative maximum total of ten seats for patrons): 5.5 spaces per 1,000 square feet of GFA. Restaurants–Full Service 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. Restaurants–Semi- EnclosedOutdoor Dining 8 spaces per 1,000 square feet of GFA, if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. [DRAFT] ATTACHMENT NO. 2 113 Restaurants–Take-Out 5.5 spaces per 1,000 square feet of GFA. Restaurants–Walk-Up 16 spaces per 1,000 square feet of GFA. Retail Sales–General General: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Art Galleries: 3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. Retail Sales–Kiosks 1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater number of parking spaces. Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. Retail Sales–Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. Other: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Retail Sales–Used Merchandise 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Room & Board 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Self-Storage Facilities 0.27 space per 1,000 square feet of building GFA or 5 spaces, whichever results in a greater number of spaces, plus adequate loading and unloading areas as required by the Planning Services Manager or his/her designee. Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of GFA. Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of GFA. Studios–Broadcasting 2.5 spaces per 1,000 square feet of GFA. Studios–Recording 2.5 spaces per 1,000 square feet of GFA. [DRAFT] ATTACHMENT NO. 2 114 Towing Services 4 spaces per 1,000 square feet of building GFA, plus spaces for tow trucks. Transit Facilities Requires parking demand study per paragraph 18.42.040.010.01070108. Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. Utilities–Major Requires parking demand study per paragraph 18.42.040.010.01070108. Utilities–Minor None required. Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Warehousing & Storage– Enclosed 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Warehousing & Storage– Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle accessways), plus 1.55 spaces per 1,000 square feet of GFA (which may include a maximum of 10% office space), plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Wholesaling 1.55 spaces per 1,000 square feet of building GFA. SECTION 64 That Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.42.050 LOCATION OF PARKING AND OFF-SITESHARED PARKING ARRANGEMENTS. .010 Residential Uses. Required off-street parking spaces for all single-family residential uses of property shall be located on the same lot as the dwelling unit or, for multiple-family residential units or single-family dwellings, either attached or detached, in a condominium or other common interest development, as defined in Section 1531 of the California Civil Code, the required off-street parking shall be located on the same project site for which such parking is required. The parking spaces and accessways shall at all times be maintained in a manner capable of typical vehicular ingress and egress. All required enclosed parking spaces shall be equipped with a functioning garage door. [DRAFT] ATTACHMENT NO. 2 115 .020 Non-Residential Uses–General. For non-residential uses, required off-street parking spaces shall be located on the same lot as the main building for which such parking is required, or on property immediately contiguous, adjacent to, or within close proximity to the lot, provided the parking is located within reasonable walking distance as determined by the Planning Director or his or her designee. .030 Non-Residential Uses–Off-SiteShared Parking Arrangements. Subject to the approval of an Off-SiteShared Parking Permit or Off-Site Shared Parking Permit pursuant to the provisions of Section 18.42.120 of this chapter, non-residential uses may utilize shared parking facilities including parking available as a result of differing hours of operation both on and off- site and subject to the following requirements; provided, however that the off-site shared parking will not adversely affect the adjoining land uses. .0301 All property used for such off-siteshared parking shall be under joint ownership, or under agreement approved as to form by the City Attorney. .0302 The property on which the parking is located has excess parking spaces beyond the minimum number required by this chapter or the uses which would share parking having have offsetting different peak periods of parking demand. .0303 The Off-Site Shared Parking aAgreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department, prior to the issuance of any building permits or establishment of the dependent use. Shared Parking Permits, for on- site shared parking arrangements, shall be kept on file with the City of Anaheim Planning Department aand shall include the notarized acknowledgement of the agreement by the property owner. .0304 The Off-Site Shared Parking aAgreement shall specify the number and location of the off-site parking spaces, and shall assure that the spaces shall be accessible and available at allduring the days and times of the week when those parking spaces are required to meet the parking demands of the times for parking in conjunction with the use for which the parking spaces are required. .0305 The issuance of a Shared Parking Permit or Off-Site Shared Parking Permit shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use, as contained in the parking demand study/parking justification letter that formed the basis for approval of the permit. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking demand study/parking justification letter shall be deemed a violation of the permit, which shall subject the permit to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). Termination of an Off-Site Shared Parking Parking the aAgreement without providing the required off-street parking shall constitute a violation of this subsection. SECTION 65. [DRAFT] ATTACHMENT NO. 2 116 That Section 18.42.110 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.42.110 PARKING VARIANCES. .010 General. Except as otherwise expressly provided herein, variances from any of the requirements of this chapter relating to the minimum number of required parking spaces shall be processed in accordance with the procedures set forth in Chapter 18.60 (Procedures) and Chapter 18.74 (Variances). Any ; provided, however, that any petition for a variance shall be accompanied by; either, a parking study prepared by an independent traffic engineer licensed by the State of California, or a parking justification letter, as determined by the Planning Services Manager and/or his or her designee. For variances which do not exceed ten percent (10%) of the requirements of this chapter or for uses which require thirty (30) or fewer parking spaces or have off-setting peak periods of parking demand, a study as approved by the Planning Services Manager of the Planning Department and/or his or her designee, but need not be completed by an independent licensed traffic engineer, shall be provided at petitioner’s sole expense. Notwithstanding the requirements of Chapter 18.74 (Variances), a variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: .0101 That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; .0102 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; .0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses- Off- Site Parking Arrangements)); .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. .020 Compliance with Pparking Ddemand Sstudy or parking justification letter. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the [DRAFT] ATTACHMENT NO. 2 117 use, as contained in the parking demand study/parking justification letter that formed the basis for approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking demand study/parking justification letter shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the variance to revocation or modification pursuant to the provisions of Section 18.60.200 (City- Initiated Revocation or Modification of Permits). .030 Sex-Oriented Businesses. Any application for a waiver or deviation from the provisions of this chapter relating to off-street parking requirements for any sex-oriented business, as defined in Chapter 18.54 (Sex-Oriented Businesses), shall comply with the following provisions: .0301 The application shall be determined by the City Hearing Officer appointed pursuant to the provisions of Section 1.12.110 (Appointment of Hearing Officer) of Chapter 1.12 (Procedural), following a duly noticed public hearing thereon held in accordance with the same procedure as set forth in subsection .040 of Section 18.54.030 (Statements and Records) of this Code. Such public hearing shall, upon the request of the applicant, be combined with the public hearing required for issuance of the sex-oriented business permit, as required pursuant to said subsection .040 of Section 18.54.030. .0302 The parking variance shall be approved by the Hearing Officer, if it meets the requirements and criteria set forth in subsection .010 above; otherwise, it shall be denied. Notice of such decision shall be provided in the same time and manner as set forth in Chapter 18.54 (Sex-Oriented Businesses) for processing the application for the sex-oriented use. Notwithstanding any other provision of the Anaheim Municipal Code to the contrary, the decision of the Hearing Officer shall be final. .0303 The term of the parking variance shall be coterminous with the term, or any renewal term, of the sex-oriented business permit. The processing of any renewal application for a permit pursuant to Chapter 18.54 (Sex-Oriented Businesses) shall not require the processing of a new parking variance. SECTION 66. That Section 18.42.120 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.42.120 SHARED PARKING PERMIT OR OFF-SITE SHARED PARKING PERMITS. This section sets forth the procedures for processing an application for Shared Parking Permits or Off-Site Shared Parking Permits when such a permit is allowed pursuant to Section 18.42.050 (Location of Parking and Off-SiteShared Parking Arrangements). .010 Application. An application, on a form approved by the Planning Director, for off- side parkinga Shared Parking Permit or Off-Site Shared Parking Permit shall be filed with the Planning Department that includes a site plan, valid lease agreement,and documentation to [DRAFT] ATTACHMENT NO. 2 118 support the availability of site sufficient parking in the form of a study in a form acceptable to the Planning Director. .020 Criteria. The criteria for approval of an off-site use pShared Parking permit Permit or Off-Site Shared Parking Permit are set forth in Section 18.42.050 (Location of Parking and Off- SiteShared Parking Arrangements). .030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of Section 18.42.050 (Location of Parking and Off-SiteShared Parking Arrangements) and the provisions of this section are, or will be, complied with, and all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. Properties that are issued a permit pursuant to this section are not required to obtain a parking variance in addition to this permit. .040 Revocation of Permit. Detrimental circumstances or any violation of the provisions set forth in Section 18.42.050 (Location of Parking and Off-SiteShared Parking Arrangements) and Section 18.42.120 (Shared Parking Permit or Off-Site Shared Parking Permits.Off-Site Parking Permits) may be considered cause to revoke a permit. Permits may be revoked by the Planning Director due to detrimental circumstances that may include, but are not limited to, the following: .0401 Unforeseen increased demand and competition for parking spaces within shared parking lots or upon the public streets in the immediate vicinity of the proposed use; .0402 Traffic congestion within the off-street parking areas or lots being shared; and .0403 Restricted vehicular access to the shared parking areas. .050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees). .060 Decision. The decision of the Planning Director is final, unless appealed to the City Council within ten (10) days after the date the decision is made. SECTION 67. That new subsection 18.44.030.083 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: .083 “Building Elevation” means an exterior face of the unit for which a sign is proposed. SECTION 68. That Table 44-C (Maximum Size of Freeway-Oriented Signs) of Section 18.44.100 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: [DRAFT] ATTACHMENT NO. 2 119 Table 44-C Maximum Size of Freeway-Oriented Signs Freestanding Signs Wall Signs Area (square feet) Height (feet) Width (feet) Area (square feet) Height (feet) Width (feet) 125 or 0.5 per lineal feet of freeway frontage or frontage road, whichever is less See subsection .060 of this section 15 150 or 10% of the area of the building face to which it is attached, whichever is less N/A N/A SECTION 69. That Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.44.110 WALL SIGNS AND OTHER TYPES OF SIGNS. In addition to the signs permitted elsewhere in this chapter, the following types of signs may be permitted, subject to the limitations and conditions prescribed herein: .010 Wall Signs. Wall signs are allowed in non-residential zones, including commercial uses in the “T” Zone, unless otherwise provided herein. Wall signs shall comply with the following provisions: .0101 The maximum number of allowable signs shall be limited to one per building elevation or one per business for buildings with multiple tenants/businesses fronting on a street. Two additional wall signs may be permitted for a singular tenant on any one wall, only when that tenant’s frontage exceeds one hundred (100) lineal feet along said wall. In addition to the primary wall sign facing a street frontage, secondary wall signs for businesses facing a parking lot, or for corner tenants with two frontages, are permitted; .0102 A maximum of three wall signs per building elevation is permitted for office buildings with four or more stories in height, only when the building frontage exceeds one hundred (100) lineal feet along said elevation. Said wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only; .0101 Freestanding commercial and industrial buildings. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph (4) below: [DRAFT] ATTACHMENT NO. 2 120 .01 One wall sign per building elevation fronting on a street.Corner lots with building elevations fronting on two streets are permitted to have one sign per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per building elevation fronting and directly abutting a freeway. .04 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway,. .0102 Multi-tenant commercial or industrial buildings within a center. Tenant spaces containing multiple businesses are not eligible for multiple business signs. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph (5): .01 One wall sign per tenant space. For corner tenant spaces having two building elevations, one wall sign shall be permitted on each building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per tenant space with a building elevation facing a primary entrance drive from a public street. .04 One wall sign per building elevation fronting and directly abutting a freeway. .05 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway. .0103. Office buildings with a common main entrance(s) with three or fewer stories. Wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only. Wall signs are intended to display the name of the primary tenant of the office building and are not intended to display the name of each tenant of an office building. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph (4). .01 One wall sign per building elevation fronting on a street.Corner lots with building elevations fronting on two streets are permitted to have one sign per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per building elevation fronting and directly abutting a freeway. [DRAFT] ATTACHMENT NO. 2 121 .04 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway. .01020104 Office buildings with a common entrance(s) with four or more stories. Wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only. Wall signs are intended to display the name of the primary tenant of the office building and are not intended to display the name of each tenant of an office building. The following building elevations are permitted to have wall signs. .01 Three wall signs per building elevation fronting on a street.Corner lots with building elevations fronting on two streets are permitted to have three signs per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per building elevation fronting and directly abutting a freeway. .0103 0105 The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of said tenant’s building frontage. Wall signs on building elevations fronting a freeway shall be limited to one square foot of sign area per lineal foot of that building elevation or a maximum of one hundred and fifty (150) square feet, whichever is less; .0104 0106 The maximum aggregate area of allowable wall signs per building elevation for multi-tenant office buildings with four or more stories shall be limited to three square feet of sign area per lineal foot of that building elevation; .0107 The sign display shall be limited to the name of the business and general services provided. Promotional messages and specific products or services rendered are not permitted. .01050108 The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; .0106 0109 The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; .0107 0110 The sign shall not project over or into any public right-of-way; .0108 0111 The sign shall not project above the parapet or eaves of the building, whichever is lower; and .0109 0112 The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which it is attached. [DRAFT] ATTACHMENT NO. 2 122 SECTION 70. That Appendix Q of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 71. That subsection .100 of Section 18.48.030 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .100 “Supermarket.” A market or grocery store having an enclosed gross floor area of more than fifteen ten thousand (1510,000) square feet and engaged primarily in the sale of food items and secondarily in the sale of household items, magazines, off-sale alcoholic beverages and similar items. SECTION 72. That paragraph .0101 of subsection .010 of Section 18.48.040 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0101 A recycling permit issued by the City of Anaheim shall be obtained prior to the first date of operation and shall be renewed every two (2) years thereafter; SECTION 73. That subsection .030 of Section 18.48.040 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Small Collection Facilities. Small collection facilities shall be allowed as provided by the underlying zone and must be established and maintained on a site that is also occupied by in conjunction with an operating supermarket as defined in Section 18.48.030.100 and provided that the primary use is in compliance with parking requirements, and the zoning, building, fire and other applicable codes of the City of Anaheim. SECTION 74. That subsection .030 of Section 18.54.030 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Application Requirements. The following information and items shall be submitted to the License CollectorPlanning Director by the owner at the time of applying for a sex-oriented business permit: .0301 A completed sex-oriented business permit application form, signed by the owner of the proposed sex-oriented business, certifying under penalty of perjury that all of the [DRAFT] ATTACHMENT NO. 2 123 information upon or submitted with the application is true and correct to the best of his or her information and belief. .0302 A non-refundable deposit or processing fee in the amount set by ordinance or resolution of the City Council. .0303 A letter describing the proposed business, and explaining how it will satisfy the applicable requirements set forth in subsection 18.54.030.050 of this chapter. .0304 A site plan designating the building and/or unit proposed for the sex-oriented business, and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter. .0305 All further information required in the sex-oriented business permit information packet adopted by resolution of the City Council. SECTION 75. That Subsection .040 of Section 18.54.030 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Processing of Application. .0401 Within five (5) business days following the receipt of an application pursuant to this section, the License CollectorPlanning Director shall determine whether said application contains all information required by the provisions of this chapter. If it is determined that said application is not complete, the owner (as defined in Section 18.54.020) shall be notified in writing within said five (5) day period that such application is not complete, and the reasons therefor, including any additional information necessary to render the application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the application complete. Within five (5) business days following the receipt of any such amended application or supplemental information, the License CollectorPlanning Director shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon a determination that said application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the owner shall be notified in writing by the License Collector Planning Director that the application is complete. All notices required by this subsection shall be deemed given upon the date of either: (i) deposit of such notice in the course of transmission with the United State Postal Service, first class mail, postage prepaid, and addressed to the owner; or (ii) personal service of such notice upon the owner. Upon determination that the application is complete, the License CollectorPlanning Director shall immediately transmit such completed application to the City Hearing Officer appointed pursuant to the provisions of 1.12.100 (hereinafter the "Hearing Officer") for processing in accordance with paragraphs .0402 through .0405, inclusive, of this subsection .040. [DRAFT] ATTACHMENT NO. 2 124 .0402 The Hearing Officer shall conduct a public hearing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits, as set forth in Chapter 18.60 (Procedures) of this Code, except that said public hearing shall be held within forty-five (45) calendar days following the date said application was deemed complete pursuant to paragraph .0401 above, unless the owner, or the owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and place of the hearing shall be given to the applicant at least fifteen (15) calendar days in advance of the date set for the public hearing. Said public hearing shall be completed by the Hearing Officer on the same date on which it is scheduled and held, unless continuance of said public hearing is expressly approved by the owner, or the owner's authorized representative, at or prior to the scheduled date of said public hearing. .0403 Within ten (10) calendar days following the completion of the public hearing specified in paragraph .0402 above, the Hearing Officer shall approve such application, if it is determined that the requirements of this chapter have been met, and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18.54.030.050 as hereinafter set forth; otherwise the application shall be denied. The Hearing Officer shall impose conditions upon such approval to assure compliance with the requirements of this chapter. In the event of denial of the application, the Hearing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in paragraph .0401 above. The decision of the Hearing Officer shall also be immediately transmitted to the License CollectorPlanning Director for issuance or denial of the permit. The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary. .0404 Immediately upon receipt of a decision by the Hearing Officer approving or conditionally approving such application, the License CollectorPlanning Director shall issue the sex-oriented business permit to the owner. Such permit shall be deemed subject to any conditions of approval imposed by the Hearing Officer pursuant to paragraph .0403. .0405 For purposes of any public hearing required pursuant to this chapter, the term "Hearing Officer" shall be deemed to refer to the City Hearing Officer. .0406 Notwithstanding anything herein to the contrary, when required, prompt judicial review shall be afforded, as provided by subsection 18.90.090.020 (Prompt Judicial Review) of Chapter 18.90 (General Provisions) this Code. SECTION 76. That Section 18.54.070 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.54.070 UNAUTHORIZED TRANSFER OF PERMIT PROHIBITED. [DRAFT] ATTACHMENT NO. 2 125 .010 No sex-oriented business permit shall be sold, transferred or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, without compliance with the provisions of subsection 18.54.070.020, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. A sex- oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. .020 The License CollectorPlanning Director or his or her designee shall issue an amendment to the permit substituting the transferee, if the following requirements are met: .0201 The permit holder submits a request to the License CollectorPlanning Director requesting the transfer. .0202 The transferee has completed and properly filed an application for a sex-oriented business permit, on the form provided by the city, with the License CollectorPlanning Director or his/her designee, setting forth the information called for under Section 18.54.030. .0203 The sex-oriented business is not in violation of the provisions of this chapter. .0204 The transferee pays a transfer fee in the amount set by resolution of the City Council. .0205 The permit holder has not been notified by the City that revocation proceedings have been or will be brought against the permit holder. .030 If the decision of the License CollectorPlanning Director is that the transfer does not meet the requirements of subsection .020, the License CollectorPlanning Director shall furnish written notice of the decision within ten (10) business days of the submittal of the completed application for a transfer, summarizing the reasons for the denial of the transfer. The permit holder may file a request for a hearing with the License CollectorPlanning Director , utilizing the procedures and time limitations for a permit revocation set forth in Section 18.54.080. .040 Any change in the nature or composition of the sex-oriented business from one type of sex-oriented business use to another type of sex-oriented business use shall render the permit null and void. .050 A sex-oriented business permit shall be valid only for the exact location specified in the permit. .060 The transfer of a permit for a sex-oriented business permit shall not impact or impair in any way the City's right to revoke or terminate the sex-oriented business permit for any reason permitted by this chapter, including grounds which existed prior to the transfer of the permit. SECTION 77. [DRAFT] ATTACHMENT NO. 2 126 That subsection .020 of Section 18.54.080 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 The License CollectorPlanning Director shall revoke a sex-oriented business permit when: .0201 Any of the applicable requirements contained in Section 18.54.030 ceases to be satisfied, as set forth in paragraph .0206; .0202 The application is discovered to contain incorrect, false or misleading information; .0203The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; .0204 If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection .0203 above, or for violation of paragraph .0520, subparagraphs .01, .04, .05 and/or .06 of subsection 18.54.030.050, as a result of such person's activity on the premises or property on which the sex-oriented business is located, and the person or persons were employees, contractors or agents of the sex-oriented business at the time the offenses were committed; .0205 If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or .0206 The sex-oriented business has been operated in violation of any of the requirements of this chapter and: (i) if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the owner; or (ii) if the violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to owner) within any twelve (12) month period. .0207 Notwithstanding the foregoing, a permit shall not be revoked for a violation of Section 18.54.030.050.0514, if the accused can show, by clear and convincing evidence, that he or she did not know, and could not reasonably have learned, that the person on the premises was under 18 years of age. SECTION 78. [DRAFT] ATTACHMENT NO. 2 127 That subsection .030 of Section 18.54.080 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Upon determining that grounds for permit revocation exist, the License CollectorPlanning Director shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex-oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permit holder as that name and address appear on the permit. Within fifteen (15) calendar days after the later of the mailing or posting of the notice, the permit holder may file a request for hearing with the License CollectorPlanning Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the License CollectorPlanning Director shall transmit the request to the City Hearing Officer to provide a hearing, as set forth in subsection 18.54.080.040 of this chapter. SECTION 79. That subsection .050 of Section 18.54.080 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Within ten (10) calendar days after the hearing, the Hearing Officer shall decide whether the grounds for revocation exist. If grounds for revocation exist, the Hearing Officer shall revoke the permit, specifying in writing the grounds upon which the permit is revoked. Notice of the decision of the Hearing Officer shall be given in writing to the permit holder by certified mail, postage prepaid, and to any other person or entity expressly requesting notice thereof. The decision of the Hearing Officer shall also be immediately transmitted to the License CollectorPlanning Director . The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary. SECTION 80. That subsection .020 of Section 18.54.090 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Any sex -oriented business, which becomes a nonconforming use by reason of the adoption of this chapter, shall be notified in writing of its nonconforming status by the License CollectorPlanning Director of the City of Anaheim, by certified mail or personal service. Such notice shall be given within six (6) months following the effective date of this chapter or, upon any later discovery by the City of the existence of a nonconforming sex-oriented business, within a reasonable time thereafter. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period, as provided in subsection .010 above, and include a copy of this Section 18.54.090, describing the process for requesting an [DRAFT] ATTACHMENT NO. 2 128 extension of such amortization period. Failure of any person to actually receive such notice shall not effect the validity of any proceedings pursuant to this Section 18.54.090. SECTION 81. That subsection .030 of Section 18.54.090 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Any application for an extension of the amortization period set forth in subsection .010 of this section must be filed by either the owner of the property upon which the business is located, the owner of the business, or the holder of the business license for the business, not later than either: (i) May 1, 1995; or (ii) within sixty (60) calendar days following the date of receipt of the notice from the License CollectorPlanning Director specified in subsection .020 above, whichever date is later. Such application shall be made in writing to the License CollectorPlanning Director, shall include all of the information required by subsection .040 below, and shall be accompanied by the required application fee, as established by ordinance or resolution of the City Council. The amortization period specified in subsection .010 above shall be final and conclusive for all purposes in the absence of a timely filed extension application pursuant to this subsection .030. SECTION 82. That subsection .040 of Section 18.54.090 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Not later than thirty (30) calendar days after submittal of an application to extend the amortization period, the License CollectorPlanning Director shall notify the applicant, in writing, if the application is not complete and specify the reasons therefor. A complete application shall include: (i) a written request for an extension of the amortization period, which specifies the additional length of time requested for amortization of the existing use and the justification therefor, including but not necessarily limited to, information relevant to the criteria for such extension as listed in subsection .060 below; (ii) the signature of the applicant, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief; and (iii) the required application fee. If the application is not complete, the License CollectorPlanning Director shall specify in writing those portions which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete. Upon receipt of notice that the application is incomplete, the applicant shall have thirty (30) calendar days to submit a revised application or the required additional information. If the applicant fails to submit a revised application or the additional information required by the notice of insufficiency prior to the expiration of said thirty (30) day period, the application shall be deemed withdrawn, and the amortization period specified in subsection .010 above shall be final and conclusive for all purposes. If the applicant submits a revised application or the additional required information to the License CollectorPlanning Director within the time period, the License CollectorPlanning [DRAFT] ATTACHMENT NO. 2 129 Director shall again review the sufficiency of the application within the time and manner set forth in this subsection .040. SECTION 83. That subsection .050 of Section 18.54.090 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Within thirty (30) calendar days following the receipt of a completed application, the License CollectorPlanning Director shall transmit the application and file to the City Hearing Officer. The Hearing Officer shall, within twenty (20) calendar days thereafter, conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the owner of the business, the holder of the business license for the business, and the License CollectorPlanning Director. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendar days prior to the date of the hearing. Such notice shall specify the date, time, place and subject matter of the hearing. SECTION 84. That subsection .120 of Section 18.54.090 of Chapter 18.54 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .120 Notwithstanding any other provision of this Section 18.54.090 to the contrary, any sex-oriented business which either: (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date; or (ii) obtained a sex-oriented business permit issued by the License CollectorPlanning Director prior to the effective date of this subsection, and has continued to comply with all terms and conditions of such permit and any renewal thereof, shall be deemed exempt from the locational requirements set forth in paragraphs .0501 through .0506, inclusive, of subsection .050 of Section 18.54.030 of this chapter (the "locational requirements"), and from the signage requirements set forth in subparagraph .07 of paragraph .0510 of subsection .050 of Section 18.54.030 of this chapter (the "signage requirements"), and said use shall not be required to be discontinued or relocated because of such location or signage requirements. Any such existing, legal nonconforming use shall comply with all of the other provisions of this chapter, except the locational and signage requirements, within the time and manner otherwise provided in this Section 18.54.090. No such legal nonconforming use shall be: (i) increased, enlarged, extended or expanded in size, area or seating; or (ii) changed, converted or altered from one type or category of sex-oriented business to a different type or category of sex-oriented business, as such types and categories of businesses are defined in Section 18.54.020 of this chapter, without complying with said location requirements. No signage of any such legal nonconforming use shall be increased, enlarged, extended, expanded, relocated, reconstructed or in any way altered or changed (except for name changes), without such changes complying with said signage requirements. SECTION 85. [DRAFT] ATTACHMENT NO. 2 130 That new Section 18.56.130 be, and the same is hereby, added to Chapter 18.56 of Title 18 of the Anaheim Municipal Code to read as follows: 18.56.130 USES AND STRUCTURES MADE NONCONFORMING BY PUBLIC ACQUISITION Notwithstanding any provision of Title 18 to the contrary, uses and structures made nonconforming by public acquisition shall be subject to the provisions of this Section. .010 A use or structure made nonconforming by a “public acquisition” (defined as the acquisition of property by condemnation, purchase under threat of eminent domain, dedication, or otherwise for a public use, as the term “public use” is defined by California Code of Civil Procedure Section 1240.010, and as may be amended hereafter and including public acquisition and construction of the project for which the public acquisition is taken, undertaken by the City and/or other public agency), may be continued subject to the provisions of this Section. For the purposes of application of this Chapter, a property shall be deemed to be acquired by public acquisition at the time the acquiring public entity takes title to the property being acquired, or the time the public entity is legally entitled to take possession of the property being acquired, whichever first occurs. .0101 Where a structure is located upon a lot, a portion of which is acquired by a public acquisition, such structure and site improvements may be maintained upon the remaining portion of said lot, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the development standards of the zone in which it is located. .0102 Further, if such structure is partially located upon the property being acquired by a public acquisition, it may be relocated upon the same lot or premises without observing the required setbacks adjacent to the new lot line created by such public acquisition, and without reducing the number of dwelling units to conform to the development standards of the zone in which it is located. .0103 If a lot does not comply with the development standards of the zone in which it is located due to a public acquisition, or if a legally existing nonconforming lot is reduced in size due to a public acquisition, the remainder of said lot (so long as said remainder is not smaller in area or width than one-half of the minimum area or width required for the zone in which it is situated) may continue to be utilized as a conforming lot. However, any construction or other development on any such lot that may occur after the public acquisition will continue to be subject to then-applicable development standards, unless otherwise excepted therefrom as a non- conforming use or structure, or otherwise eligible for an Administrative Adjustment under Section 18.56.130.020, below. .0104 Any use of land, building, or structure which is made “non-conforming” either in design or arrangement due to public acquisition, shall be exempt from the requirements of Section 18.56.100 (Amortization). [DRAFT] ATTACHMENT NO. 2 131 .020 Expansion of Use or Structure. A use or structure made nonconforming by a public acquisition may be expanded subject to the requirements of this Chapter. However if the expansion of use or structure does not conform to the requirements of this Chapter, then such expansion may be permitted subject to the approval of an Administrative Adjustment per the provisions of Section 18.62.040 (Administrative Adjustments) and the requirements provided therein. .030 Applicability. The provisions of this section shall apply to all zones in the City. SECTION 86. That Section 18.60.160 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.60.160 ESTABLISHMENT OF USE OR STRUCTURE. Establishment of a use or approved structure shall occur within one two (12) years of the effective date of permit approval, unless a different time period is established as part of the approval. The establishment term may be lengthened to match the establishment term of a concurrent land use application on the subject property. The use or structure shall be considered established when the provisions of either subsection .010 or subsection .020 below are met: .010 All the following exist: .0101 All required conditions of approval have been satisfied; .0102 All required construction permits have been obtained and completed, .0103 All grading work, structural foundations, and final inspections have been completed; and .0104 A certificate of occupancy has been issued and bonds guaranteeing site improvements have been released; or .020 All required conditions of approval have been satisfied for a use not requiring any building permits, and the use is operating in compliance with such approval. SECTION 87. That subsection .010 of Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Review Authority. Administrative adjustments are waivers of certain development standards as specified herein. The Planning Director, subject to the limitations of this section, may grant administrative adjustments, provided, however, that not more than two (2) such adjustments shall be approved for any individual project. If more than two (2) adjustments are [DRAFT] ATTACHMENT NO. 2 132 requested for any individual project, such request shall be processed by the Planning Commission as a variance in accordance with the procedures in Chapter 18.74 (Variances). For properties with uses or structures made nonconforming by a public acquisition in accordance with Section 18.56.130 (Uses and Structures made Nonconforming By Public Acquisition), the Planning Director may grant more than two (2) such adjustments without requiring a variance subject to the required findings in Section 18.62.040.050, provided that an application for such adjustments is filed with the Planning Department within a time period of ten (10) years from the date said property becomes nonconforming by a public acquisition. SECTION 88. That subsection .050 of Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Findings. The Planning Director shall make the following findings in order to approve an administrative adjustment: .0501 The adjustment is consistent with the purposes and intent of the Zoning Code; .0502 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; .0503 The adjustment will not produce a result that is out of character or detrimental to the neighborhood. .0504 Prior to approving more than two adjustments for properties with uses or structures made nonconforming by public acquisition in accordance with Section 18.56.130 (Uses And Structures made Nonconforming By Public Acquisition), the Planning Director shall make the following additional findings: .01 The adjustment is directly related to and further mitigates impacts caused by the public acquisition. .02 The adjustment would bring the property closer to overall conformance with the purposes and intent of the Zoning Code. SECTION 89. That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.040 "A" WORDS, TERMS AND PHRASES. “Accessory.” A structure, building or a use which is subordinate to, and incidental to, that of the main building or use, which shall not exceed fifty percent (50%) of the main building or use. [DRAFT] ATTACHMENT NO. 2 133 "Accessory Bar.” A separate area located within a restaurant with on-premises sale and consumption of alcoholic beverages wherein alcoholic beverages are sold for consumption on the premises, and which premises maintains an "eating place"-type license issued by the California Department of Alcoholic Beverage Control. An accessory bar is, and at all times shall remain, an ancillary use to the primary restaurant use and shall not exceed thirty (30) percent of the gross floor area for the restaurant. “Accessory Entertainment” means any premises used primarily for a bar, restaurant, coffee shop, establishment serving food, and/or other refreshments and where entertainment is provided as an accessory part of the operation. “Accessory Living Quarters.” See Chapter 18.36 (Types of Uses). “Acres, Gross.” The overall acreage of an area within the boundaries of a legal parcel, which includes all roads, except arterial highways, as measured at their ultimate right-of-way width. “Acres, Net.” The overall acreage of an area, excluding public and private streets and alleys. “Adult Day Care Center.” An establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away. “Alcohol, Off-Sale.” The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off-sale license issued by the State of California. “Alcohol, On-Sale.” The sale of alcoholic beverages to consumers for consumption on the premises where sold, in accordance with a valid on-sale license issued by the State of California. “Alley.” A public vehicle right-of-way providing a secondary means of access to abutting property. “Amusement device” shall mean any game, pool table, exhibition, shuffleboard game, or amusement or recreational device, or any electronic, computerized or mechanical device or machine, which, upon the insertion of a coin, slug, token, card, or any other object representative of value, in any slot or receptacle attached to such device or machine or connected therewith, or upon any other form of payment, operates or which may be operated for use as a game, contest or amusement or for the dispensing of music. “Amusement Device.” Any game, exhibition, shuffleboard game, pool table, or amusement or recreational device, or any mechanical or electronic amusement device or machine which, upon the insertion of a bill, coin, slug or token in any slot or receptacle attached to such device or machine or connected therewith, operates, or which may be operated for use as a game, contest or amusement, with the exception of machines for the dispensing of music. “Amusement Arcade.” Any premises containing six (6) or more amusement devices (including pool table), or any premises wherein more than forty-nine (49) percent (49%) of the [DRAFT] ATTACHMENT NO. 2 134 public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. “Anaheim Colony Historic District.” A district of the City of Anaheim established by City Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street and East Street. “Annexation.” The addition of a land area to an existing city or special district, with a resulting change in the boundaries of the annexing jurisdiction. “Apartment.” One (1) or more rooms in a multiple-family dwelling, occupied or suitable for occupancy as a residence for one (1) family. “Apartment Building.” A building or cluster of buildings containing multiple-family dwelling units in which the dwelling units are intended to be rented or leased to the occupants. “Arterial Highway.” A roadway used primarily for through traffic that is designated by one of the following terms on the Planned Roadway Network map in the General Plan: Scenic Expressway, Resort Smart Street, Stadium Smart Street, Major Arterial, Primary Arterial, Hillside Primary Arterial, Secondary Arterial, Hillside Secondary Arterial, Collector Street and Hillside Collector Street. “Artificial Turf.” Man-made synthetic material manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethleyene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn. “Automobile Wrecking.” The dismantling or wrecking of used motor vehicles, trailers or similar vehicles. “Awning.” A roof-like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may or may not be capable of being retracted into the face of the building. SECTION 90. That Section 18.92.060 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.060 "C" WORDS, TERMS AND PHRASES. “California Massage Therapy Council” or “CAMTC” shall mean the non-profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g). [DRAFT] ATTACHMENT NO. 2 135 “CAMTC certificate” shall mean a Massage Practitioner or Massage Therapist certificate issued by the California Massage Therapy Council. "Canopy.” A freestanding, roof-like structure without enclosing walls, supported by columns, poles or braces extending from the ground. “Carnival” is a temporary organized program for entertainment or exhibition. The event is typically operated by an organization whose primary business is to operate the entertainment such as rides or amusement games. Festivals are also included. "Carport.” A permanently roofed structure with not more than two (2) enclosed sides, used, or intended to be used, for automobile shelter and storage. “Chair Massage" means a massage as defined in subsection .100 below where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. "Chief of Police" means the Chief of Police of the City of Anaheim, or his/her designated representative. "Child Day Care Center, Preschool and Nursery.” An establishment or home (other than a large family day care home or a small family day care home, as defined in this title) which provides care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. “City” shall mean the City of Anaheim. "City Council" means the City Council of the City of Anaheim. "City Manager" means the City Manager of the City of Anaheim, or his/her designated representative. "Club.” An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business. "Cocktail Lounge.” A separate area located within a restaurant with on-premises sale and consumption of alcoholic beverages wherein alcoholic beverages are sold for consumption on the premises, and which premises maintains an "eating place"-type license issued by the California Department of Alcoholic Beverage Control. A cocktail lounge is, and at all times shall remain, an accessory use to the primary restaurant use. "Commercial Retail Center.” Any combination of two (2) or more commercial uses or commercial businesses, otherwise permitted or conditionally permitted in the zone in which they are located, and which the uses or businesses are either: (i) located on a single parcel of property; (ii) constructed as a single development project; or (iii) result from a remodeling, [DRAFT] ATTACHMENT NO. 2 136 partitioning or other division of space in a building, business or use on a single parcel of property. "Commission" shall mean the Planning Commission, unless some other commission is specifically mentioned. "Computer" includes any electronic device designed or intended to access the Internet, or for interconnection with other devices for playing electronic games. "Computer Rental/Internet Amusement Business.” A business establishment which, for compensation, provides for public use ten (10) or more computers or electronic communication devices, to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments known variously as PC cafes or zones, Internet cafes or zones, cyber cafes or cyber centers are expressly included within the foregoing definition. Educational institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Code, are not included. "Condominium.” An estate in real property, consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, as defined in California Civil Code Section 1351. "Condominium Hotel.” A building or group of buildings containing residential condominium units which are owned by individual investors and may be made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. "Convalescent Homes.” See "Rest Homes.” "Convenience Stores.” A market or grocery store having an enclosed gross floor area of less than fifteen thousand (1510,000) square feet, and engaged primarily in the sale of a limited range of prepackaged food items, and secondarily in a limited range of household items, magazines, off-sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumed, on the premises. "Conviction" or "Convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. "Coop.” A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. "Corral.” A yard that is enclosed to adequately confine animals. "Cover Charge.” An admission fee imposed upon patrons, including advanced prepayment for meals and similar fees. [DRAFT] ATTACHMENT NO. 2 137 "Crib Walls.” A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often including space for the planting of creeping and/or cascading foliage. "Customer Area" means any area open to customers of the establishment. SECTION 91. That Section 18.92.070 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.070 "D" WORDS, TERMS AND PHRASES. "Public danceDance – One-Day" is a dance open to the public for an admittance fee or charge which is held on one day only. The dance is typically held in locations that have space for rent such as a banquet hall or hotel. "Dance Venue" is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week. "Delicatessen.” A store where ready-to-eat food products or delicacies, such as cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for consumption either on or off the premises. "Density.” The number of dwelling units per acre of land, including the area used for open space, recreational uses, and accessory uses associated with the residential use, but excluding public and private streets, public and private easements for ingress and egress, and any area used for non-residential purposes. "Dinner-Dancing Place.” Shall be as defined in subsection 4.16.010.030 of Chapter 4.16 (Amusement and Entertainment Premises—Dances) of the Anaheim Municipal Code. "Driveway.” A private roadway used exclusively for providing ingress and egress to a parking space, garage, dwelling or other structure; a “Driveway” does not include space for the parking of vehicles or the storage of materials. "Dwelling.” A building, or portion thereof, designed exclusively for residential purposes, including single-family and multiple-family dwellings, but not including hotels, motels, boardinghouses and lodging houses. "Dwelling Unit.” One (1) or more rooms in a dwelling, designed for occupancy by one family for living and sleeping purposes, and having only one (1) kitchen. "Dwelling, Multiple-Family.” See Chapter 18.36 (Types of Uses). [DRAFT] ATTACHMENT NO. 2 138 "Dwelling, Single-Family Attached.” See Chapter 18.36 (Types of Uses). "Dwelling, Single-Family Detached.” See Chapter 18.36 (Types of Uses). SECTION 92. That Section 18.92.080 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.080 "E" WORDS, TERMS AND PHRASES. "Easement.” A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property. "Educational Institution.” A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years. "Employee" shall include independent contractors and unpaid volunteers. The term "employ" shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer. “Amusement and eEntertainment” means every form of live entertainment including, without limitation, any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act or dancing by patrons. “Amusement and eEntertainment” includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate. “Entertainment Premises” means any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted. “Entity” shall mean any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature. "Expressway, Scenic.” A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; “Scenic Expressways” are shown on the Roadway Network map of the General Plan. SECTION 93 That Section 18.92.090 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.090 "F" WORDS, TERMS AND PHRASES. [DRAFT] ATTACHMENT NO. 2 139 "Family.” An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit. "Family Day Care.” Regularly provided care, protection and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians of such children are away. The term "Provider," as used herein, means a person who operates a “Family Day Care” home and is licensed or registered pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of the California Health and Safety Code. "Family Day Care Home, Large.” A home, located in a single-family dwelling in a residential zone, which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home, as defined in regulations of the California Department of Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations). "Family Day Care Home, Small.” A home, located in a single-family dwelling in a residential zone, which provides family day care to eight (8) or fewer children, including children who reside at the home, as defined in regulations of the California Department of Social Services. "Fences, Walls, Hedges and Berms.” A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term "Continuous Barrier," as used herein, includes: any masonry or rock wall; any wood, iron, steel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and/or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a property. “Figure model” means any person, male or female, either nude or semi-nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct. "Figure model studio" means any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi-nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services. "Floodplain.” Area susceptible to flooding, defined as the “regulatory floodway” and designated as a “special flood hazard area” (subject to a one percent (1%) or greater chance of [DRAFT] ATTACHMENT NO. 2 140 flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area. "Floor Area, Gross.” The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. "Floor Area, Livable.” The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking. "Floor Area Ratio.” The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area. "Fortunetelling.” A business involving fortunetelling. , The term "fortunetelling" shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter.as defined in Section 4.40.010 (Fortunetelling—Definitions) of Chapter 4.40 SECTION 94. (Fortunetelling) of this Code. That Section 18.92.110 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.110 "H" WORDS, TERMS AND PHRASES. "Health Department" means the Health Care Agency of the County of Orange. “Hearing Officer” shall mean an Employee Hearing Officer appointed by the City Manager pursuant to Section 1.12.100 of this Code. "Height, Structural.” The vertical measurement from the highest point of the structure (excluding of any projections which this title expressly authorizes above the maximum height) to the finished floor level of the lowest floor directly below such point (other than a basement the ceiling of which is located entirely at or below the finished grade of the land). If any of the following conditions exist, then the maximum height shall be the vertical dimension from the highest point of the structure (excluding any projections which this title authorizes above the maximum height) to the finished grade level of the land directly below such point: [DRAFT] ATTACHMENT NO. 2 141 (i) The lowest finished floor directly below such point is more than two (2) feet above the finished grade of the lot or building pad at any point abutting the foundation of the building, or (ii) There is no floor directly below such point, or (iii) The structure is not a building. “Heliport.” A landing and takeoff place for helicopters, including the maintenance, servicing, parking or storage of such aircraft. “Helistop.” A landing and takeoff place for helicopters, not involving any maintenance, servicing, parking or storage of such aircraft. "Highway.” A roadway owned by the Federal, State or County government that is officially designated as a highway. “Home Occupation.” An occupation incidental to, and subordinate to, the principal residential use, and located on the same lot with such residential use. “Hotel.” A building, or group of buildings, containing guest rooms or suites provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients, but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential units(s) which conform to the requirements for multiple-family residential units in this title. SECTION 95. That Section 18.92.150 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.150 "L" WORDS, TERMS AND PHRASES. “Landing.” A platform without a roof, situated between flights of stairs, or at the head or foot of a flight of stairs. "License Collector" means the License Collector of the City of Anaheim, or his/her designated representative. “Liquor Store.” A retail establishment in which the primary use is the sale of alcoholic beverages for off-premises consumption. “Living Area.” The area within a single-family house, excluding the attic, basement and garage. [DRAFT] ATTACHMENT NO. 2 142 “Loading Space.” An off-street space on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. “Lodging House.” A building, or portion thereof, where lodging is provided for six (6) or fewer persons who are not living together as a single housekeeping unit, where rent is paid in money, goods, labor or otherwise, excluding rest homes and residential or group care facilities. “Lot.” (1) A parcel of real property shown as a delineated parcel of land, with a number or other designation, on a plat recorded in the Office of the County Recorder of Orange County, on or before November 25, 1975; or (2) a parcel of real property, lawfully created, not delineated as in (1) above, and except as provided for in Section 18.10.120 (Street Frontage/Land Subdivision) abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, and held under separate ownership from adjacent property prior to November 25, 1975; or (3) a parcel of real property, lawfully created, not delineated as in (1) above, and containing an area not less than the prescribed minimum square footage and lot width required for the zone in which it is located, and abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to November 25, 1975. “Lot Area.” The total horizontal area within the boundary lines of a lot. “Lot, Corner.” A lot situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five (135) degrees. “Lot Coverage.” The percentage of the lot covered by buildings or structures, including all covered parking spaces, but not including walkways and driveways; swimming pools and semi- enclosed patio structures are not included in single-family residential zones; and recreational- leisure buildings and facilities are not included in multiple-family residential zones. “Lot, Depth.” The depth of a lot shall be the horizontal length of a straight line, connecting the bisecting points of the front and the rear lot lines. “Lot, Flag.” A lot with vehicular access provided from the street to the bulk of the lot by means of a narrow corridor. “Lot Frontage.” The property line or lines of a lot that abut a public or private street or other recorded vehicular accessway. “Lot, Interior.” A lot other than a corner lot. “Lot, Key.” The first lot to the rear of a reversed corner lot, whether or not separated by an alley. [DRAFT] ATTACHMENT NO. 2 143 “Lot Line, Front.” In the case of an interior lot, a line separating the lot from the public right-of-way (excluding alley); in the case of a corner lot, the line separating the narrowest street frontage from a public right-of-way. “Lot Line, Rear.” A lot line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line in the case of an irregular, triangular or gore-shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the “Rear Lot Line.” “Lot Line, Side.” Any lot boundary line not a front lot line or a rear lot line. “Lot, Reversed Building Frontage.” A corner lot in a single-family residential zone, on which the dwelling is constructed so as to front onto the street lot line with the longest street frontage. “Lot, Reversed Corner."” A corner lot, the side street line of which is substantially a continuation of the front lot line of the corner upon which it rears. “Lot, Through.” A lot having frontage on two (2) parallel or approximately parallel streets. “Lot Width.” The horizontal distance between the side lot lines, measured at the front setback line. SECTION 96. That Section 18.92.160 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.160 "M" WORDS, TERMS AND PHRASES. “Manufactured Home.” ”Factory-built housing” as defined in Section 19971 of the California Health and Safety Code or “Manufactured home” as defined in Section 18007 of the California Health and Safety Code, or any successor provisions thereto. The term “Manufactured Home,” as defined herein, does not include “Mobilehome” as defined in Section 18008 of the California Health and Safety Code, “Recreational vehicle” as defined in Section 18010 of the California Health and Safety Code, “Special purpose commercial modular” as defined in Section 18012.5 of the California Health and Safety Code, or “Commercial modular” as defined in Section 18001.8 of the California Health and Safety Code, or any successor provisions thereto. "Massage" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure or friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, with or without the aid of any mechanical or electrical apparatus or appliance or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice. [DRAFT] ATTACHMENT NO. 2 144 "Massage Establishment" means any business conducted within the City where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths. For hotels and motels, the massage establishment may include common areas on the hotel premises such as the pool area when the massage is conducted by licensed massage technicians in accordance with the massage establishment permit issued for the hotel or motel. “Massage Technician” means any person, including a Responsible Employee, Operator or Owner of a Massage Establishment, who administers to another person a massage in exchange for anything of value whatsoever. The terms “Massage Therapist,” “Massage Practitioner,” and “CAMTC certificate holder” are included within this definition for purposes of this chapter. “Mixed-Use Project.” Any development project that combines residential uses with retail, office or other non-residential uses, within the same building or on the same building site. “Mobile Home.” A “Mobilehome,” as defined in Section 18008 of the California Health and Safety Code, or any successor provisions thereto. “Mobile Home Park.” An area of land where two or more Mobile Home or Manufactured Home sites are available for rent to accommodate Mobile Homes or Manufactured Homes used for human habitation. “Motel.” A building, or group of buildings, containing guest rooms or suites, with outdoor guest parking located conveniently to, and directly accessible from, each guest room or suite, provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients, but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s) which conform to Section 18.38.090 (Caretaker Units) of Chapter 18.38 (Supplemental Use Regulations). SECTION 97. That Section 18.92.170 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.170 "N" WORDS, TERMS AND PHRASES. “Nightclub.” An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, which: (i) requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control; (ii) provides music and/or live entertainment for patrons; (iii) is regularly open to the public upon the payment of a cover charge or admittance fee; and (iv) is not a sex-oriented business, as defined in Chapter 18.54 (Sex- Oriented Businesses). “Nonconforming Building.” See "Nonconforming Structure." [DRAFT] ATTACHMENT NO. 2 145 “Nonconforming Fence.” See "Nonconforming Structure." “Nonconforming Lot.” A parcel of land or lot that was legal when it was created, but which does not conform to the current dimensional or size standards for the zone in which it is located. “Nonconforming Sign.” See "Nonconforming Structure." “Nonconforming Structure.” A structure, building, sign, or fence that either was built prior to the incorporation of the city or, if built after that event, was legal when brought into existence, but does not conform to the current regulations for the zone in which it is situated. “Nonconforming Use.” A use that was legal and allowed when established, but does not conform to the current permitted use regulations (including use-specific permitting requirements and use-specific criteria) for the zone in which it is situated. "Nude" or "semi-nude" means completely without clothing or covering; or with partial clothing or covering with any pubic area exposed or with any portion of the crease of the buttocks exposed; or the exposing of any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breast are below such a straight line; or the wearing of any type of clothing so that those portions of the anatomy aforedescribed may be observed. SECTION 98. That Section 18.92.180 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.180 "O" WORDS, TERMS AND PHRASES. "Operator" as referenced in Section 18.16.070 means the person signing the operator's permit application as required pursuant to Section 18.16.070.030 of this chapter and whose name appears on the Operator's Permit as the person responsible for the day to day operations of the Massage Establishment. "Outdoor Dining Area.” An outdoor patio area where tables and chairs are provided exclusively for the seating, service and/or consumption of meals immediately adjacent to a restaurant, which provides more than ten (10) cumulative seats for patrons of the restaurant, and which: (i) is entirely enclosed by landscape planters, fencing or other decorative barrier, which physically separates the outdoor dining area from other open or public areas; (ii) does not encroach into any public right-of-way or required setback or yard area established by this Code; (iii) does not exceed thirty percent (30%) of the gross floor area of the enclosed restaurant; (iv) obtains primary access from the interior of the restaurant it serves; and (v) is included in the total gross floor area to establish the restaurant parking requirement. [DRAFT] ATTACHMENT NO. 2 146 "Outdoor Seating.” An outdoor area immediately adjacent to a restaurant where tables and chairs are provided exclusively for the seating and/or consumption of meals and/or nonalcoholic beverages by patrons of a restaurant, which area provides a maximum of ten (10) seats. "Owner" as referenced in Section 18.16.070 means any person or entity having an ownership interest in the Massage Establishment. SECTION 99. That Section 18.92.190 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.190 "P" WORDS, TERMS AND PHRASES. “Parking Area, Public.” An open area, other than a street or alley, used for temporary parking and available for public use, whether free, for compensation, or as an accommodation for clients or customers. “Parking Space, Automobile.” Space within a building or parking area for the temporary parking or storage of one (1) automobile. “Parking Space, Covered.” A parking space which is covered by a roof supported by poles, columns, walls or other structural elements, including carports and porte-cocheres. "Permit" means and includes the permit required pursuant to the provisions of Section 18.16.070 to operate or manage a massage establishment to perform the activities of a massage technician and/or to perform off-premises massages. "Person" means any natural person, corporation, partnership, firm, association or other group or combination of individuals acting as an entity. “Planning Director.” The Planning Director of the Planning Department, or his or her designee. “Planned Unit Development.” A large scale development of a parcel, or of a combination of related parcels, to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity, and having a predominant developmental feature which serves to unify or organize development and is, therefore, susceptible to development and regulation as one unified land unit, rather than as a mere aggregation of individual buildings and structures located on separate lots. "Police Department" means the Police Department of the City of Anaheim. “Pool” as referenced in Section 18.16.050 shall mean and include the games of billiards, pool, snooker, bagatelle and any other table game played with balls and cue sticks. [DRAFT] ATTACHMENT NO. 2 147 “Pool table” or “table” shall mean any table on which the game of pool is played. “Porte-Cochere.” A roofed structure over a parking space or driveway, attached to the front or side of a building, and established for the convenient loading and unloading of passengers. "Private dance" is a dance to which attendance is limited to persons individually invited and for which no admittance charge is made, or a dance conducted by a bona fide club, society or association, having a benevolent, charitable, dramatic, literary or dancing organizational purpose, which holds regular meetings, has an established membership, and provided, when proceeds, if any, arise from such dance, said proceeds are used for said organizational purpose and for which no admission is charged or paid for entrance into such dance at the location of the dance immediately prior to the time of said dance or during said dance. “Private Street.” A road or street that is not owned and maintained by the City, and that is used or set aside to provide vehicular access and circulation within a development. "Public Dance Hall.” Shall be as defined in subsection 4.16.010.010 of Chapter 4.16 (Amusement and Entertainment Premises-Dances) of the Anaheim Municipal Code. "Public Entertainment.” The provision of music and/or live entertainment for patrons to dance or otherwise be entertained, that is regularly open to the public upon the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined in this chapter. SECTION 100. That Section 18.92.210 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.210 "R" WORDS, TERMS AND PHRASES. “Recreational Facilities.” A facility used for the refreshment of body and mind through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools, saunas or Jacuzzis, tot lots and exercise rooms. “Recreational Facilities” do not include a computer rental/Internet amusement business as defined in this chapter. “Recreational Vehicle Park.” Any area or tract of land where space is rented to accommodate one or more automobile trailers, including any van, camper, recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations. "Recognized School of Massage" means any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a [DRAFT] ATTACHMENT NO. 2 148 diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school of massage. “Regional Shopping Center.” A retail shopping area consisting of a group of retail and other commercial businesses designed, developed and managed as an integrated entity, that provides a wide range and variety of general merchandise and services, and is intended to attract shoppers from more than one city. “Residential or Group Care Facility.” A building or portion thereof, designed or used for the purpose of providing twenty-four (24)-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities, such as counseling, recovery planning, or medical or therapeutic assistance. “Residential or Group Care Facility” includes, but is not limited to, community care facilities (California Health and Safety Code Sections 1500 et seq.), residential care facilities for persons with chronic, life-threatening illnesses (Health and Safety Code Sections 1568.01 et seq.), residential care facilities (Health and Safety Code Sections 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (Health and Safety Code Section 11834.02), and other similar care facilities. “Residential Zone.” Any Zone, Overlay Zone or Specific Plan Development Area that permits Dwellings, Multiple-Family; Dwellings, Single-Family Attached; and/or, Dwellings Single-Family Detached by right or by conditional use permit; and, the Mobile Home Park Overlay (MHP) Zone. “Resolution of Intent.” A resolution to reclassify property from one zone to another that has been approved by the Planning Commission or City Council, but in connection with which an ordinance has not been adopted on by the City Council; a “Resolution of Intent” does not establish any vested rights in the reclassification. "Responsible Employee" means the person(s) designated by the Operator of the Massage Establishment to act as the representative or agent of the Operator in conducting day-today operations. A Responsible Employee may also be an owner. “Rest Home.” Facility that provides nursing, dietary and other personal services to convalescents, invalids and aged persons, excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. “Restaurant.” An establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption, either on or off the premises. The term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation or kitchen area for a restaurant shall be permanently designed for food preparation and food storage purposes, and shall constitute not less than twenty percent (20%) of the gross floor area of the restaurant, including outdoor dining areas. No admission fee, cover charge, advance pre- [DRAFT] ATTACHMENT NO. 2 149 payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. “Restaurant, Drive-In.” A restaurant where provision is made for vehicles to park on the premises, and food is ordered from and served directly to patrons in the vehicle for consumption by patrons in vehicles while they are parked on the premises. “Restaurant, Drive-Through.” A restaurant where provision is made for one (1) or more drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at a separate location, either on or off the premises. “Restaurant, Enclosed.” A restaurant in which the preparation, service and consumption of meals is conducted entirely within a building. “Restaurant, Fast Food.” A restaurant where food is customarily ordered by patrons at a counter located inside the building with tables and seating for more than ten (10) patrons. “Restaurant, Full Service.” A restaurant where food is prepared on the premises and food orders are customarily taken, and served to patrons, by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant or in an outdoor seating area as defined in this chapter. “Restaurant, Semi-EnclosedOutdoor Dining.” A restaurant in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an outdoor dining area as defined in this chapter. “Restaurant, Take-Out.” A restaurant where food is prepared on the premises and customarily ordered by patrons, while standing at a window or counter located inside the building, regardless of the manner in which said food is thereafter served or whether said food is consumed on or off the premises, and which may provide an indoor and/or outdoor seating area having a cumulative maximum total of not more than ten (10) seats in an area proportional to the number of tables and seats. “Restaurant, Walk-Up.” A restaurant where food is prepared on the premises, and service to the customer is by means of a window or opening to the outside of the building, at which the customer places and receives an order, which may be consumed on the premises. “Restaurant, With Accessory Entertainment.” A restaurant, with or without on-premises sale and consumption of alcoholic beverages, wherein music and/or live entertainment is provided for patrons to dance or otherwise be entertained, which is regularly open to the public without the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses). Entertainment is, and shall at all times be, accessory to the primary restaurant use. No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. [DRAFT] ATTACHMENT NO. 2 150 “Restaurant, With On-Premises Sale and Consumption of Alcoholic Beverages.” A restaurant, either enclosed or semi-enclosedwith outdoor dining, where alcoholic beverages are sold to and consumed by patrons upon the premises, either within an accessory cocktail lounge or in a designated dining area, in conjunction with the serving and consumption of a meal. Said establishment shall have, and maintain all requisite permits and approvals from and as required by the California Department of Alcoholic Beverage Control, and shall meet the requirements of a bona fide eating place as defined by Section 23038 of the California Business and Professions Code, and any successor provision thereto, and the definition of a restaurant as set forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use. “Right-of-Way.” A strip of land used or intended to be used for transportation purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for water, wastewater, telecommunications, electricity or natural gas. “Room, Habitable.” A space in a structure and designed or used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable rooms. SECTION 101. That Section 18.92.220 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.220 "S" WORDS, TERMS AND PHRASES. "Schools, Elementary, Junior High and High.” An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. "Senior Citizen.” A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project.” An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the “resident manager's dwelling unit” in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project – Congregate Care.” A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit.” Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. [DRAFT] ATTACHMENT NO. 2 151 "Senior Citizen Housing Development.” A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit.” A Second Unit, as defined in Section 18.38.230 (Second Units) of Chapter 18.38 (Supplemental Use Regulations), that does not meet the requirements of Section 18.38.230 (Second Units) for a Second Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station.” A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. "Setback, Required.” The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side.” The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit.” A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. “Smoking Lounges.” A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event.” A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private.” A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public.” A stable other than a private stable. "Story.” That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the [DRAFT] ATTACHMENT NO. 2 152 ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street.” A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line.” The boundary line between a street and abutting property. "Street Side.” That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure.” Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations.” Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit.” A dwelling unit without a bedroom. SECTION 102. That Table 22 (Primary Uses: Public and Special-Purpose Zones) of Section 18.112.100.030 of Chapter 18.112 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 22 PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited OSMP PRMP Special Provisions Residential Classes of Uses Dwellings - Single-Family Detached N N Mobile Home Parks N N Senior Citizen Housing N N Non-Residential Classes of Uses Agricultural Crops N N [DRAFT] ATTACHMENT NO. 2 153 Alcoholic Beverage Sales-On-Sale N N Ambulance Services N N Animal Boarding N N Antennas - Broadcasting N N Antennas - Private Transmitting N N Antennas -Telecommunications N C Subject to § 18.38.060 Automotive - Public Parking P P Automotive - Service Stations N N Automotive - Washing N N Bed & Breakfast Inns N N Beekeeping N N Cemeteries N N Community & Religious Assembly N N Convalescent & Rest Homes N N Convenience Stores N P Subject to § 18.38.110. Not to exceed 3,000 square feet. Dance & Fitness Studios - Small N N Day Care Centers N N Educational Institutions - Business N N Educational Institutions - General C C [DRAFT] ATTACHMENT NO. 2 154 Golf Courses & Country Clubs N N Group Care Facilities N N Helipads N N Hospitals N N Hotels & Motels N N Mortuaries N N Oil Production N N Plant Nurseries C P Public Services N N Recreation – Bowling & Billiards N N Recreation - Commercial Indoor N N Recreation - Commercial Outdoor P P Recreation - Low-Impact P P Recreation - Swimming & Tennis N N Recycling Services - Consumer N N Recycling Services - General N N Restaurants - Drive-Through N N Not to exceed 3,000 square feet. Restaurants - General N P Restaurants - Semi-EnclosedOutdoor Dining N P [DRAFT] ATTACHMENT NO. 2 155 Restaurants - Walk-Up N P Retail Sales - Used Merchandise N N Room & Board N N Self Storage N N Transit Facilities N N Utilities - Major P P Utilities - Minor P P Veterinary Services N N SECTION 103. That paragraph .0202 of subsection .020 of Section 18.114.060 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0202 Hotel Accessory Support Uses. .01 Administrative offices including temporary offices within existing hotel buildings during construction period only and subject to approval of the City Traffic and Transportation Manager for parking layout and vehicular access. .02 Alcoholic beverage sales, off-premises consumption, within a hotel complex. .03 Alcoholic beverages, on-premise consumption. .04 Amusement devices and/or arcades within a hotel complex with no public access directly from the exterior of the building and subject to the provisions of ChapterSection 4.1418.16.060 (Amusement Devices) of this Code. .05 Banking facilities, including automated teller machines. .06 Barbershops. .07 Beauty shops. [DRAFT] ATTACHMENT NO. 2 156 .08 Child day care services, within a hotel complex, intended for hotel and theme park employees and guests. .09 Caretaker unit. A residential dwelling intended to be the primary or secondary living accommodations for the manager or caretaker of a hotel. For hotels containing less than three hundred (300) rooms, such unit shall be less than one thousand two hundred twenty-five (1,225) gross square feet in size and integrated within the hotel only. For hotels containing three hundred (300) rooms or more, such unit may not be more than three thousand (3,000) gross square feet. .10 Health spas and physical fitness centers within hotel complex and limited strictly to the use of the guests and/or employees of such hotel complex. .11 Kitchens in a hotel complex or restaurant or kitchenettes in a hotel guest room or suite. .12 Laundry and dry cleaning facilities as a part of a hotel facility. .13 Massage services as a part of a hotel complex in accordance with the requirements and permits set forth in Chapter 4.29Section .14 Meeting and convention facilities as a part of a hotel facility. 18.16.070 (Massage Establishments) and Chapter 18.54 (Sex Oriented Businesses) of this Code. .15 Outdoor stands and booths. .16 Postal and copy services. .17 Recreational facilities, when a part of a hotel. Recreational facilities include, but are not limited to, outdoor playground areas, tennis and racquetball courts, spas, and swimming pools, when integrated as part of a hotel only. .18 Rental agencies for automobiles. .19 Restaurants, indoor and outdoor. .20 Retail uses, integrated into hotel. .21 Signs within a feature landscape element with the following requirements: (a) Shall be constructed in compliance with the Design Plan; (b) Shall replace monument signs permitted in subsection 18.114.130.0601 (Permitted Signs); [DRAFT] ATTACHMENT NO. 2 157 (c) Shall be setback a minimum of seven (7) feet from the ultimate public right- of-way; (d) Shall not exceed a maximum of ten (10) feet in height; (e) Shall not have more than two sign faces per hotel entry drive; and (f) Shall not create a continuous wall along the public right-of-way. .22 Travel services. SECTION 104. That paragraph .1103 of subsection .110 of Section 18.114.030 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1103 Restaurant, Semi-enclosedOutdoor Dining. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. SECTION 105. That paragraph .0101 of subsection .010 of Section 18.114.060 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other landscaped open space areas, and rest areas and which may charge a fee for admission. The following facilities may be included within a Theme Park: .01 Amphitheaters, indoor and outdoor. .02 Amusement devices and/or arcades. .03 Auditoriums. .04 Dance floors. .05 Fireworks (location and time subject to approval of the Fire Department). [DRAFT] ATTACHMENT NO. 2 158 .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other similar lighting effects intended primarily for entertainment of The Disneyland Resort visitors and not as an advertising display. .07 Retail shops. .08 Restaurant-enclosed, semi-enclosedoutdoor dining, satellite, or walk-up. .09 Theaters - includes dinner, legitimate or motion picture theaters and performance theaters or clubs. .10 Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. .11 Outdoor stands and booths. SECTION 106. That paragraph .0203 of subsection .020 of Section 18.114.070 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0203 Restaurants. Enclosed, semi-enclosedoutdoor dining, satellite, or walk-up. SECTION 107. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1)) of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited Classes of Uses C-R District Special Provisions Agricultural uses P Ambulance Services N Amusement parks, theme-type complexes, C Such uses may include the keeping of animals or birds used in the operation of the facility, [DRAFT] ATTACHMENT NO. 2 159 aviaries, zoos provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Art galleries C Automotive – Parking Lots or Parking Structures/Garages C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Rental C Automotive rental not otherwise permitted by Table 116-D. Automotive – Service Station C Subject to requirements of Chapter 18.38.070 (Automotive Service Stations) and 18.116.070.090. Automotive – Service Station: Convenience Markets or Mini-markets with or without the sale of beer and wine for off- premises consumption N Except as permitted subject to Section 18.116.070.090. Automotive –Service Station: Rental and/or display of utility trailers or trucks N Automotive –Service Station: Sale of alcoholic N Except as permitted subject to Section 18.116.070.090 [DRAFT] ATTACHMENT NO. 2 160 beverages for on- premises and/or off- premises consumption Automotive – Service Station: Tow Truck Operations C In conjunction with an Automotive - Service Station only subject to the following: (a) A maximum of one (1) tow truck shall be permitted. (b) When on-site, the tow truck shall be screened from view of the public right-of-way at all times. (c) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (d) No additional signage advertising tow truck operations shall be permitted. Tow truck operations or towing services not in compliance with the above requirements shall be prohibited. Automotive – Washing C In conjunction with an Automotive – Service Station only. Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Bingo N Boat and RV Sales N Cemeteries N Christmas tree sales lots and/or stands N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini-malls and other shopping centers not in conformance with the requirements of a Specialty Center, as detailed within this table (Table 116-C) “Specialty Retail Centers”. Computer Internet Facility C [DRAFT] ATTACHMENT NO. 2 161 Community and Religious Assembly C Convenience markets or mini-markets N Except as allowed by Section 18.116.070.090 Conversion of hotels or motels to semi- permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) (excluding heliports); that any such helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Industrial Uses N As set forth in Chapter 18.10 (Industrial Zones) Inflatable advertising display N Kitchens or kitchenettes C In hotel or motel guest rooms or suites. [DRAFT] ATTACHMENT NO. 2 162 Massage establishments C Those integrated within a hotel or motel only, for which a permit is required pursuant to Chapter Section 18.16.0704.29 (Baths, Sauna Baths, Massage Establishments and Similar Businesses) of the Anaheim Municipal Code. Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Museums C Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C Nonconforming Structure – Office uses in a legal nonconforming building C [DRAFT] ATTACHMENT NO. 2 163 Non-publicly operated convention centers C Including exhibition halls and auditoriums Offices C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. Outdoor advertising of merchandise, products and/or services N Including, but not limited to, merchandise promotions, sales, pricing, etc. Outdoor sales events N Including Christmas Tree/Pumpkin sales lots or stands Outdoor storage of goods and materials N Except as otherwise permitted in this Zone Pawnshops N Pennants or pennant- type banners N Where visible from a public right-of-way and/or adjacent property Public Dance HallDance Venue C As defined in Chapter Section 4.1618.92.070 ("D" Words, Terms And Phrases.)(Amusement and Entertainment Premises–Dances) of the Anaheim Municipal Code Recreation–Bowling C Including sales of alcoholic beverages for on- premise consumption Recreation –Golf Courses/ Miniature golf courses C Recreation –Low Impact C Recreation –Outdoor recreational playground areas P In conjunction with permitted primary uses and structures listed in Table 116-C only Recreation –Swimming & Tennis C Recreation –Skating rinks C Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. [DRAFT] ATTACHMENT NO. 2 164 Recycling Services – Consumer N Research & Development N Residential hotels/motels N Restaurants –General P Enclosed and semi-enclosedwith outdoor dining, with or without sale of alcoholic beverages for on premises consumption, as defined in Chapter 18.92 (Definitions). Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only. Outdoor seating areas visible from the public right-of-way shall not include table umbrellas that display any symbol, name, writing or product advertising. Restaurants –Drive-in or Drive-through N Restaurants with public entertainmentaccessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Sale of alcoholic beverages for on- premises and/or off- premises consumption N Except as otherwise expressly permitted in conjunction with automobile service station convenience markets or min-markets subject to Code Section 18.116.070.090. Secondhand shops N Sex-oriented businesses N As defined in Chapter 18.92 (Definitiions) Specialty retail centers C Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as [DRAFT] ATTACHMENT NO. 2 165 set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or 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 Section 4.1418.16.060 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. Structures –Height exceeding 1/2 the distance from the building or structure to a single- family, multi- family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobile Home Park (MHP) Overlay Zone) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures –Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial N [DRAFT] ATTACHMENT NO. 2 166 Recreation Area). Structures –Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobile Home Park (MPH) Overlay Zone). Structures originally designed or intended for residential use but used for non-residential purposes N Studios –Broadcasting C Including accommodations for filming/taping in front of live audiences Studios –Recording C Including accommodations for filming/taping in front of live audiences Theaters C Including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters Tow truck operators C Permitted only in conjunction with an automotive service station facility. See Automotive –Service Stations Tow Truck Operations Trailer and Truck Rental Services N Transportation facility C As defined in paragraph 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter 18.92 (Definitions) (excluding heliports); provided that any such station or helistop shall be located a minium of one thousand (1,000) feet from any residentially zoned property [DRAFT] ATTACHMENT NO. 2 167 Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Utilities –Major C As defined in paragraph 18.36.040.210 Utilities –Minor P As defined in paragraph 18.36.040.210 and subject to paragraph 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Wholesaling N SECTION 108. That Table 116-E (Accessory Uses Incidential to and Integrated Within a Hotel or Motel including Suite-Type Hotels, and otherwise limited herein: C-R District (Development Area 1) of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 116-E Accessory Uses Incidental to and Integrated within a Hotel or Motel Including Suite-Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1) P Permitted by Right C Conditional Use Permit N Permitted Classes of Uses C-R District Special Provisions Amusement arcades P No public access directly from the exterior of the building. Subject to ChapterSection 4.1418.3418.16.060 [DRAFT] ATTACHMENT NO. 2 168 (Amusement Devices.) Automobile rental agency offices P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to 18.116.140 (Off-Street Parking and Loading Requirements). Banking facilities P Including automated teller machines located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Barber shops P Beauty shops P Book stores P Including newspaper and periodical sales Clothing stores P Confectionery shops P Including candy stores, ice cream parlors and establishment selling bakery goods and/or coffee Custom print and art galleries P Day care services P Limited strictly to the use of the guests and/or employees of such hotel or motel Dog/cat kennels P 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. Drugstores P Floral shops P Health spasclub/physical fitness center P Limited strictly to the use of the guests and/or employees of such hotel or motel Jewelry stores P Laundry facilities and Dry Cleaning services P Limited strictly to the use of the guests and/or employees of such hotel or motel [DRAFT] ATTACHMENT NO. 2 169 Luggage and accessory shops P Meeting/banquet facilities P One caretaker/manager residential unit P 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 Chapter 18.06 (Multiple Family Residential Zones). Outdoor food and/or beverage carts C In conjunction with a hotel and subject to the following: (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non-illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12-inches in width by 18-inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of- way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on- site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such [DRAFT] ATTACHMENT NO. 2 170 commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Photo supply shops P Postal and copy service facilities P Recreational facilities P Including, but not limited to, outdoor playground areas, tennis and racquetball courts, spas and swimming pools. Limited strictly to the use of the guests and/or employees of such hotel or motel. Restaurants P Enclosed or semi-enclosedwith outdoor dining, full- service, walk-up, fast food and/or delicatessen only Sales of alcoholic beverages P On-premises and off-premises consumption Shoe repair shops P Souvenir, gift, and/or novelty shops P Including sales of sundry items Ticket agencies P Tobacco shops P Travel agencies P SECTION 109. That paragraph .1002 of subsection .100 of Section 18.118.030 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1002 “Restaurant, Semi-EnclosedOutdoor Dining.” Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation [DRAFT] ATTACHMENT NO. 2 171 area of a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five percent (25%) of the gross floor area. SECTION 110. That subsection .020 of Section 18.118.060 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Restaurants (enclosed, semi-enclosedoutdoor dining, theme style and walk-up), as defined in Section 18.118.030 ( "R" Words, Terms and Phrases), with or without sale of alcoholic beverages for on-premises consumption. Restaurants allowed as permitted uses shall be full service establishments. Such establishments may provide take-out service, but as a limited, ancillary function only. SECTION 111. That paragraph .0201 of subsection .020 of Section 18.118.070 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0201 Amusement arcades, only when integrated within a hotel, motel or vacation ownership resort, or within an entertainment facility subject to the provisions of Chapter 4.1418.34.060Section 4.1418.3418.16.060 (Amusement Devices) of the Anaheim Municipal Code. SECTION 112. That Section 18.118.090 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.118.090 CONDITIONAL USES AND STRUCTURES. Due to the uniqueness of the Commercial-Recreation Area as a tourist and visitor center, and the associated concerns of the circulation and traffic system, other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted in this zone; provided a conditional use permit is approved therefor, pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). Proposed plans for related signage shall be submitted with each conditional use permit application, and shall be subject to approval by conditional use permit. .010 Amusement Parks, 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 [DRAFT] ATTACHMENT NO. 2 172 vacation ownership resorts, 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. .020 Massage Establishments. Massage establishments, only when integrated within a hotel, motel or vacation ownership resort, for which a permit is required, pursuant to Chapter 4.29Section .030 Art galleries. 18.16.070 (Massage Establishments) (Baths, Sauna Baths, Massage Establishments and Similar Businesses). .040 Automobile Car Washes. Automobile car washes, only in conjunction with service stations. .050 Automobile Rental Agencies. Automobile rental agencies, with on-site storage and/or display of rental cars, whether or not in conjunction with a hotel, motel or vacation ownership resort. .060 Automobile Service Stations. Automobile service stations, subject to the requirements of Chapter 18.38.070 (Automotive Service Stations) of Chapter 18.38 (Supplemental Use Regulations), except as certain associated uses are prohibited in this subsection. 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 the structures and 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. Under no circumstances shall the following uses be permitted in conjunction with any service station facility: .0601 The sale of alcoholic beverages for on-premises or off-premises consumption. .0602 Convenience markets or mini-markets. .0603 Rental and/or display of utility trailers. .0604 Tow truck operations. .070 Automobile/vehicle parking. Automobile/vehicle parking lots or parking structures not otherwise permitted by Section 18.118.070 (Permitted Accessory Uses and Structures). .080 Bowling alleys. Bowling alleys, including the sale of alcoholic beverages for on- premises consumption. .090 Churches. [DRAFT] ATTACHMENT NO. 2 173 .100 Emergency medical facilities. .110 Golf courses. .120 Museums. .130 Non-publicly operated convention centers including exhibition halls and auditoriums. .135 Office Buildings. Office buildings, when accessory and clearly incidental to, and integrated as part of, an on-site, permitted primary or conditional use. .140 Radio and Television Studios. Radio and television studios, which may include accommodations for filming/taping in front of live audiences. .150 Recreational Vehicle and Campsite Parks. 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. .160 Signs. Signs not otherwise expressly permitted or prohibited in this zone. .170 Skating rinks. .180 Specialty Retail Centers. 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 three (3) contiguous acres, have integrated management, have a “festive theme” orientation, and: .1801 Have plazas and/or other pedestrian-oriented amenities as part of the center's design. .1802 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 ChapterSection 4.1418.3418.16.060 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. .190 Transportation Terminal Stations. Transportation terminal stations to facilitate the transfer from automobile or pedestrian travel to bus, train or other forms of mass transit; helistops, as defined in Chapter 18.92 (Definitions), excluding heliports, provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. [DRAFT] ATTACHMENT NO. 2 174 .200 Theaters. Theaters including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters. .201 Repealed by Ord. 5614, 10/21/97 .202 Vacation Ownership Resort Conversion, District A. Vacation ownership resort conversion, with vacation ownership units and hotel units within the same building on a permanent basis. .203 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 intent of the Specific Plan. SECTION 113 That paragraph .0533 of subsection .050 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0533 Restaurants, Enclosed or Semi-EnclosedOutdoor Dining (with or without cocktail loungesaccessory bar and/or on-premise sale and consumption of alcoholic beverages; with or without public entertainment)Accessory Entertainment with a cover charge), including drive-in, drive-through, take out, walk-up or fast food. SECTION 114. That paragraph .0401 of subsection .040 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0401 Christmas tree and pumpkin patch sales lots and/or stands shall be subject to compliance with the provisions of Section 18.38.240 Chapter 6.42 (Christmas Tree Lots and Pumpkin Patches) of the Anaheim Municipal Code, and Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 115. (Administrative Reviews). That paragraph .0405 of subsection .040 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0405 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.62.050 (Special Event Permits) of Chapter 18.62 (Administrative Reviews) and Section 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations). [DRAFT] ATTACHMENT NO. 2 175 SECTION 116. That paragraph .0502 of subsection .050 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0502 The following buildings, structures and uses shall be prohibited in this Developments Area 1A. (a) Bowling alleys, with or without alcohol sales. (b) Churches. (c) Large collection facilities, except as identified in subsection 18.120.060.010.0102 for recycling purposes, subject to the requirements of Chapter 18.48 (Recycling Facilities). (d) Private clubs, lodges and meeting halls. (e) Restaurants; Enclosed or Semi-Enclosedwith Outdoor Dining, with or without alcohol or cocktail loungeaccessory bar; drive-in, drive-through or walk-up. (f) Retail carpeting and/or petroleum-based flooring businesses. (g) Retail sales of household furniture, provided the retail sales portion of the business shall be a minimum of fifty thousand (50,000) square feet. (h) Retail sales; provided such uses are freeway-oriented and located south of, and within six hundred (600) feet of, the Riverside (SR-91) Freeway; provided such retail sales pertain to furniture, home building products, office supplies, or products determined to be similar by the Planning Commission; and further provided the retail sales portion of the business shall be a minimum of fifteen thousand (15,000) square feet. (i) Transit, transportation and construction equipment storage (outdoors). (j) Vehicle sales agencies and lots. SECTION 117. That paragraph .0401 of subsection .040 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0401 Christmas tree and pumpkin patch sales lots and/or stands shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) Chapter 6.42 (Christmas Tree Lots and Pumpkin Patches) of the Anaheim Municipal Code, and Section 18.62.050 (Special Event Permits) of Chapter 18.62 (Administrative Reviews). [DRAFT] ATTACHMENT NO. 2 176 SECTION 118. That paragraph .0405 of subsection .040 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0405 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 119. (Administrative Reviews) and Section 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations). That paragraph .0531 of subsection .050 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0531 Restaurants, Enclosed or Semi-Enclosed Outdoor Dining(with or without cocktail loungesaccessory bar and/or on-premise sale and consumption of alcoholic beverages; with or without public entertainmentAccessory Entertainment with cover charge), including drive-in, drive-through, take out, walk-up or fast food. SECTION 120. That paragraph .0401 of subsection .040 of Section 18.120.080 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0401 Christmas tree and pumpkin patch sales lots and/or stands shall be subject to compliance with the provisions of Section 18.38.240 (Special Events)Chapter 6.42 (Christmas Tree Lots and Pumpkin Patches) of the Anaheim Municipal Code, and Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 121. (Administrative Reviews). That paragraph .0404 of subsection .040 of Section 18.120.080. of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0404 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Sections (Special Event Permits) of Chapter 18.62 (Administrative Reviews), and 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations). [DRAFT] ATTACHMENT NO. 2 177 SECTION 122. That paragraph .0522 of subsection .050 of Section 18.120.080 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0522 Restaurants, Enclosed or Semi-EnclosedOutdoor Dining (with or without cocktail loungesaccessory bar and/or on-premises sale and consumption of alcoholic beverages; with or without public entertainmentAccessory Entertainment with cover charge), including drive-in, drive-through, take-out, walk-up or fast food. SECTION 123. That paragraph .0106 of subsection .010 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0106 Restaurants, Enclosed or Semi-Enclosed; without cocktail lounges and/or on- premises sale and consumption of alcoholic beverages; without public entertainmentAccessory Entertainment with cover charge. Drive-in, drive-through, take-out and walk-up restaurants are prohibited. SECTION 124. That paragraph .0401 of subsection .040 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0401 Christmas tree and pumpkin patch sales lots and/or stands shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) Chapter 6.42 (Christmas Tree Lots and Pumpkin Patches) of the Anaheim Municipal Code, and Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 125. (Administrative Reviews). That paragraph .0404 of subsection .040 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0404 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Sections (Special Event Permits) of Chapter 18.62 (Administrative Reviews), and 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations). SECTION 126. [DRAFT] ATTACHMENT NO. 2 178 That paragraph .0518 of subsection .050 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0518 Restaurants (except as otherwise permitted in paragraph 18.120.090.010.0106); with on-premises sale and consumption of alcoholic beverages and/or cocktail lounge and/or public entertainmentAccessory Entertainment with cover charge; including drive-in, drive- through, and walk-up restaurants. SECTION 127. That paragraph .0130 of subsection .010 of Section 18.120.100 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0130 Restaurants; Enclosed or Semi-Enclosed, Fast Food or Take Out (without cocktail lounges and/or on-premises sale and consumption of alcoholic beverages; without public entertainmentAccessory Entertainment with cover charge). (No drive-in, drive-through or walk- up restaurants.) SECTION 128. That paragraph .0401 of subsection .040 of Section 18.120.100 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0401 Christmas tree and pumpkin patch sales lots and/or stands shall be subject to compliance with the provisions ofSection 18.38.240 (Special Events) Chapter 6.42 (Christmas Tree Lots and Pumpkin Patches) of the Anaheim Municipal Code, and Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 129. (Administrative Reviews). That paragraph .0404 of subsection .040 of Section 18.120.100 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0404 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.62.050 (Special Event Permits) of Chapter 18.62 SECTION 130. (Administrative Reviews), and 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations). [DRAFT] ATTACHMENT NO. 2 179 That paragraph .0522 of subsection .050 of Section 18.120.100 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0522 Restaurants (except as otherwise permitted in paragraph 18.120.100.010.0130); with on-premises sale and consumption of alcoholic beverages and/or cocktail lounges and/or Accessory Entertainment with cover chargepublic entertainment; including drive-in, drive- through and walk-up restaurants. SECTION 131. 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 here from of any such portion as may be declared invalid. SECTION 132. 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 133. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: [DRAFT] ATTACHMENT NO. 2 180 CITY OF ANAHEIM By: ___________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.