6245ORDINANCE NO. 6245
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS CHAPTERS OF TITLES 3, 4,
6, 7, 8 AND 18 OF THE ANAHEIM MUNICIPAL
CODE (REGULATORY RELIEF TASK FORCE
RECOMMENDATIONS).
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 or Restaurant with
Accessory Entertainment -Dance shall pay an annual license tax of two hundred fifty dollars.
Every person conducting, managing or operating a Dance -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:
" 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.
"Dance 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.
"Restaurant 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.
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.
2
SECTION 13.
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 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 18.16.050 of Chapter 18.16 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 Section 18.16.050 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
3
18.16.050 of this Code for the processing, approval, denial and revocation of amusement device
permits and/or amusement device arcade permits, respectively, except as follows:
.0401 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 18.16.050.020of this Code:
.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.
.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 18.38.095 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).
4
.020 Lot Area and Width. The lot area and width shall be established by the site plan
approved through the conditional use permit.
.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.
.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.
.050 Application. The application for a conditional use permit shall be submitted on forms
approved by the Planning Director.
.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:
.0601 The uses within the project are compatible;
.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;
.0603 Vehicular and pedestrian access are adequate;
.0604 The project is consistent with any adopted design guidelines applicable to the
parcel or parcels;
.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;
.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;
.0607 The impact upon the surrounding area has been mitigated to the maximum extent
practicable;
.0608 The project complies with the General Plan and Subdivision Map Act; and
.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.
.070 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
P=Permitted by Right
PRIMARY USES•' COMMERCIAL ZONES
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
GNC
C-R
GG
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—
C
C
C
C
C
Conditional use permit not
Off -Sale
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
Alcoholic Beverage Sales—
CC
i J
C
C
C
I
I
On -Sale
1.1
Ambulance Services
N
C
C
N
N
Animal Boarding
C
C
C
C
C
Permitted without a
Conditional Use Permit when
conducted entirely indoors
subject to §18.38.270
Animal Grooming
P
P
P
P
P
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—
T
T
T
T
T
Subject to §§ 18.38.060
Telecommunications-
and 18.62.020
Stealth Building -Mounted
Antennas—
T
T
T
T
T
Subject to § 18.38.060
Telecommunications -
Stealth Ground -Mounted
Antennas—
N
N
N
N
N
Telecommunications
Ground -Mounted (Non -
Stealth)
Automatic Teller Machines
P
P
P
P
P
Subject to § 18.36.040
(ATM's)
Automotive—Car Sales &
N
N
C
N
N
Subject to §18.38.200
Rental
Automotive—Car Sales,
P
P
P
P
P
Subject to § 18.38.065
Retail or Wholesale (Office
Use Only)
Automotive—Public Parking
C
C
C
C
C
Automotive—Parts Sales
P
P
P
N
N
Automotive—Repair &
C
C
C
N
N
Modification
Automotive -Service
C
C
C
C
C
Subject to §18.38.070
Stations
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 i
C
C j
C
Subject to § 18.3 8.080
Billboards
N
N
N
N
N
Boat & RV Sales
N
N
C
N
N
Subject to § 18.3 8.200
Business & Financial
P
P
P
P
P
Services
Cemeteries
N
N
C
N
N
Commercial Retail Centers
P
P
P
N
N
Subject to §18.38.115
Community & Religious
C
C
C
C
C
In O -H Zone, must be
Assembly
clearly accessory to and
integrated with an office
building
Computer Internet &
N
C
C
C
C
In O -L and O -H Zones,
Amusement Facilities
must be clearly accessory
to and integrated with an
office building
Convalescent & Rest Homes
N
N
C
N
N
Convenience Stores
P
P
P
P
P
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—
N
C
C
C
C
In O -H Zone, must be
Large
clearly accessory to and
integrated with an office
building
Dance & Fitness Studios—
P
P
P
P
P
In O -H Zone, must be
Small
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—
C
C
C
C
C
Institutions with ten students
Business
or less do not require a
conditional use permit.
Educational Institutions—
N
C
C
C
C
General
Educational Institutions—
P
P
P
P
P
Subject to § 18.36.040.050
Tutoring
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
P
P
P
N
N
Permitted if equipment is
completely screened from
view. CUP required if
equipment can not be
screened.
Equipment Rental—Small
P
P
P
P
P
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
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
P
P
P
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. Massage subject
to § 18.16.070
Personal Services—
C
C
C
C
C
In O -L and O -H Zones,
Restricted
must be clearly accessory
to and integrated with an
office building
Plant Nurseries
N
C
P
N
N
Subject to § 18.3 8.190 and
§ 18.3 8.200
Public Services
C
C
P
C
C
Recreation— Billiards
P
P
P
P
P
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
C
C
C
C
C
In O -L and O -H Zones,
Indoor
must be clearly accessory
to and integrated with an
office building
10
Recreation—Commercial
C
C
C
C
C
Outdoor
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 &
C
C
C
C
C
Permitted without CUP
Tennis
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—Outdoor Dining
C
C
C
C
C
Subject to § 18.3 8.220
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
§ 18.3 8.200
Retail Sales—Used
P
P
P
N
N
Merchandise
Room & Board
N
N
C
N
N
Self -Storage
N
N
C
N
N
Subject to City Council
Policy No. 7.2
Sex -Oriented Businesses
N
N
P
N
N
Subject to Chapter 18.54
Smoking Lounge
P
P
P
N
N
Subject to Section
18.16.080
11
Studios—Broadcasting
C
C
P
C
C
Studios—Recording
N
N
P
C
C
In O -L and O -H Zones,
P
P
P
P
P
Subject to § 18.16.060 in
must be clearly accessory
conjunction with a
to and integrated with an
commercial use
office building
Transit Facilities
C
C
C
C
C
Animal Keeping
Utilities—Major
C
C
C
N
C
Antennas—Dish
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
P
P
P
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 8-13 (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 8-13
P=Permitted by Right
ACCESSORY USES AND STRUCTURES:
C=Conditional Use Permit Required
COMMERCIAL ZONES
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
commercial use
Amusement Devices
P
P
P
N
N
Subject to § 18.16.050
Animal Keeping
N
P
P
N
N
Subject to § 18.38.030
Antennas—Dish
P
P
P
P
P
Subject to § 18.38.050
12
Antennas—Receiving
P
P
P
P
P
Subject to § 18.38.050
Automatic Teller Machines
P
P
P
P
P
Subject to § 18.36.050.035
(ATM's)
Bingo Establishments
P
P
P
P
P
Subject to Chapter 7.34
Caretaker Units
N
P
P
N
N
Subject to § 18.3 8.090
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
P
P
P
P
P
Subject to § 18.38.160
Equipment—
Ground Mounted
Mechanical & Utility
P
P
P
P
P
Subject to § 18.38.170
Equipment—Roof Mounted
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 &
N
N
P
P
N
Only in conjunction with
Structures
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
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
13
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
P=Permitted by Right
TEMPORARY USES AND STRUCTURES:
C=Conditional Use Permit Required
COMMERCIAL ZONES
N=Prohibited
GNC
C-R
GG
O -L
O -H
Special Provisions
Carnivals & Circuses
P
P
P
N
N
Subject to § 18.38.095 and
Agricultural Crops
P
Chapter 3.32
Christmas Tree & Pumpkin
N
P
P
N
N
j Subject to Section
Sales
18.38.240
Contractor's Office &
P
P
P
P
P
Subject to 18.38.105
Storage
Special Events
P
P
P
P
P
I 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
P=Permitted by Right
PRIMARY USES: INDUSTRIAL
C=Conditional Use Permit Required
ZONE
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
I
Special Provisions
Residential Classes of Uses
Mobile Home Parks
C
Non -Residential Classes of Uses
Agricultural Crops
P
14
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-
T
Subject to §§ 18.38.060 and 18.62.020
Stealth Building -Mounted
Antennas—Telecommunications-
T
Subject to § 18.38.060
Stealth Ground -Mounted
Antennas—Telecommunications-
N
Ground- Mounted (Non -Stealth)
Automated Teller Machines
P
(ATM's)
Automotive—Car Sales & Rental
C
Subject to § 18.38.200
Automotive—Car Sales, Retail or
C
Wholesale (Office Use Only)
Automotive—Impound Yards
C
Subject to § 18.38.200
Automotive—Public Parking
C
Automotive—Parts Sales
C
Permitted without a Conditional Use
Permit if conducted entirely indoors.
Automotive—Repair &
C
Modification
15
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 § 18.3 8.190
and 18.38.200
Business & Financial Services
C
Community & Religious Assembly
C
Dance & Fitness Studios—Large
C
Dance & Fitness Studios—Small
C
Day Care Centers
C
Drive -Through Facilities
C
Educational Institutions—Business
C
Educational Institutions—General
C
Educational Institutions—Tutoring
C
Subject to § 18.36.040.050
Emergency Shelters (50 or fewer
occupants)
P
Subject to § 18.38.125
Emergency Shelters (50 or fewer
occupants)
C
Subject to § 18.38.125
Entertainment Venue
C
Equipment Rental—Large
C
Permitted without a Conditional Use
Permit if conducted entirely indoors
subject to §18.38.200
[[el
Equipment Rental—Small
P
Helipads & Heliports
C
Hospitals
C
Hotels & Motels
C
Industry—
P
Industry—Heavy
C
Junkyards
C
Subject to § 18.38.200
Mortuaries
C
Offices—Development
P
Offices—General
C
Permitted without conditional use
permit only if accessory to an industrial
or other primary permitted use
Oil Production
C
Subject to § 18.38.180
Outdoor Storage Yards
C
Permitted without a Conditional Use
Permit if all storage is screened from
view. Subject to § 18.38.200.
Personnel Services—General
C
Laundromats are subject to § 18.38.150
Personnel Services—Restricted
C
Plant Nurseries
P
Subject to §§ 18.38.190 and 18.38.200;
retail only requires a conditional use
permit
Public Services
P
Recreation—Billiards
C
Recreation—Commercial Indoor
C
Amusement arcades are allowed only in
conjunction with a hotel, motel, or
bowling alley
Recreation—Commercial Outdoor
C
17
Recreation—Low-Impact
P
Recreation—Swimming & Tennis
C
Recycling Facilities
C
Subject to Chapter 18.48
Repair Services—General
P
Repair Services—Limited
P
Research & Development
P
Restaurants—Drive-Through
C
Subject to § 18.38.220
Restaurants—General
C
Fast-food and take-out service allowed
without a conditional use permit when a
part of an industrial complex of 5 or
more units; subject to § 18.3 8.220
Restaurants—Outdoor Dining
C
Subject to § 18.38.220
Restaurants—Walk-Up
C
Retail Sales—Household Furniture
C
Permitted by conditional use permit
only if the retail sales portion of the
business occupies a minimum of 50,000
square feet of building floor area
Retail Sales—General
C
Industrially -related only
Retail Sales—Outdoor
C
Subject to §§ 18.38.190 and 18.38.200
Self Storage
C
Subject to City Council Policy No. 7.2
Sex -Oriented Businesses
P
Subject to Chapter 18.54
Studios—Broadcasting
P
Studios—Recording
P
Towing Services
P
Transit Facilities
C
Truck Repair & Sales
C
Subject to §18.38.200
18
Utilities—Major
C
Utilities—Minor
P
Accessory Entertainment
Veterinary Services
P
Subject to §18.38.270
Warehousing & Storage—Enclosed
P
Animal Keeping
Wholesaling
P
Antennas—Dish
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
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—
P
Subject to § 18.3 8.160 7
19
Ground Mounted
P=Permitted by Right
TEMPORARY USES AND
Mechanical & Utility Equipment—
Roof Mounted
P
Subject to § 18.38.170
Parking Lots & Garages
P
Special Provisions
Petroleum Storage—Incidental
P
Shall comply with the Uniform Fire
Code
Portable Food Carts
P
Subject to § 18.3 8.210
Recreation Buildings & Structures
P
Subject to Section § 18.38.240
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
P=Permitted by Right
TEMPORARY USES AND
C=Conditional Use Permit Required
STRUCTURES: INDUSTRIAL ZONE
N=Prohibited
I
Special Provisions
Carnivals & Circuses
C
Subject to § 18.38.095 and Chapter
3.32.
Christmas Tree & Pumpkin Sales
P
Subject to Section § 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
20
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
P=Permitted by Right
PRIMARY USES: PUBLIC AND
C=Conditional Use Permit Required
SPECIAL-PURPOSE ZONES
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS
PR
SP
T
Special Provisions
Residential Classes of Uses
Dwellings—Single-Family
N
N
N
P
One single-family detached
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
Agricultural Crops
P
N
N
P
Alcoholic Beverage Sales -0n-
N
C
C
C
In the "T" Zone, only in
Sale
conjunction with a Community
and Religious Assembly use
Ambulance Services
N
IN
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.
21
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 § 18.3 8.060
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
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
PC
Only allowed use in PR Zone is
municipally owned golf course
09
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
18.3 8.200
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
Ic
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—Outdoor Dining
N
C
C
C
Subject to § 18.3 8.220
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
IN
IN
N
C
23
Room & Board
N
N
N
C
N=Prohibited
Self -Storage
N
N
C
N
Special Provisions
Transit Facilities
N
C
C
C
Subject to § 18.16.060 in
Utilities—Major
C
C
C
C
conjunction with a commercial use
Utilities—Minor
P
P
P
P
Allowed only if agricultural
Veterinary Services
N
N
N
C
operation on the lot is a minimum of
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
P=Permitted by Right
ACCESSORY USES AND STRUCTURES'
C=Conditional Use Permit Required
PUBLIC AND SPECIAL-PURPOSE ZONES
N=Prohibited
OS
PR
SP
T
Special Provisions
Accessory Entertainment
N
P
P
P
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
24
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
P
P
P
P
Subject to § 18.38.160
Equipment—
Ground Mounted
Mechanical & Utility
P
P
P
P
Subject to § 18.38.170
Equipment—
Roof Mounted
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 &
P
P
P
P
Structures
Recycling Services—Consumer
N
P
P
P
Subject to Chapter 18.48
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
041
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 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
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
26
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 health and
safety. 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
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.
27
.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 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;
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, 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.
28
18.16.040 REVOCATION AND PENALTY.
.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.
.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
29
(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.
.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
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 Operational Standards.
.0201 The operation of any amusement device shall not violate any provision of the
Anaheim Municipal Code or any other city, state or federal law.
.0202 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.
.0203 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.
.0204 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.
.0205 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.
.0206 The permitted amusement device shall not create sound levels which violate any
ordinance in the City of Anaheim.
30
.0207 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.
.0208 At all times amusement activity is permitted, except during times of entry or exit,
emergencies and deliveries, the doors shall remain closed.
.0209 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.
.0210 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.
.040 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.
.050 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 license therefor, or shall fail to pay the 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 license fee, and until a 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
license or pay any fees due, then and in that event the device shall be disposed of as follows:
.0501 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
31
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:
.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.
32
.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
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 business.
.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
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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;
.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.
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.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
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.
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.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.
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 18.16.070.030 and 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
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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
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 Massage 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 Massage 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 information concerning the applicant shall be provided:
01 Acceptable proof that the applicant is at least eighteen (18) years of age.
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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.
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, approveor 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, 2661, 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;
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.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 .O1 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;
.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.
Qvi
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
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
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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 section 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
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.
41
.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.
.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.
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.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.
emale patrons are to be treated simultaneously at
05 Separate Rooms. If male and f
the same massage establishment, separate massage rooms shall be provided for male and female
patrons.
.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
43
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
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 section.
.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
44
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 between the hours of 12:00 midnight and 6:00 a.m. A massage begun any time
before 12:00 midnight must 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
would reasonably suggest to a prospective patron that any service is available other than those
services authorized by this chapter.
.I 1 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.
45
(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.
.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.
46
.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.
.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.
120 Violation and Penalty.
.1201 Violations of this chapter shall constitute a misdemeanor and shall be punishable
in the manner provided in Section 1.01.370.
.1202 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
47
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.
.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.
a-
.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.
.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 18.16.080.030 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 18.16.080.030 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.
.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
barb'eques 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 18.16.080 of the
Anaheim Municipal Code pertaining to Smoking Lounges.
50
.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:
.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
51
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 Administrative Specimen Tree Removal Permit. A Specimen Tree Removal Permit is
required to remove specimen trees as defined in 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.. 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
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
52
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 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 Discretionary 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. 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
P=Permitted by Right
PRIMARY USES:
C=Conditional Use Permit
PLATINUM TRIANGLE
Required
MIXED USE (PTMU) OVERLAY ZONE*
N=ProhibitedGF=Ground Floor
*Does not apply to the Office District; see subsection 18.20.030.010
Commercial
for Office District uses.
PTMU
GF
Special Provisions
Residential Classes of Uses
Dwellings—Multiple-Family
P
Dwellings—Multiple-Family in the Gateway
C
Subject to the approval of
District, Sub- Area B
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
paragraph
53
54
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
Conversions of hotels or motels to semi-
permanent living quarters
N
54
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
Public Services
P
GF
Recreation—Billiards
P
GF
M1
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—Outdoor 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—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
Transit Facilities
P
GF
Utilities—Major
C
56
Use or activities not listed, nor specifically
C
ACCESSORY USES AND STRUCTURES:
As determined by the
prohibited
N=Prohibited
GF=Ground Floor Commercial
OVERLAY ZONE*
Planning Commission to
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
be compatible with the
PTMU
GF
intended purpose of the
Accessory Entertainment
P
P
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
P=Permitted by Right
ACCESSORY USES AND STRUCTURES:
C=Conditional Use Permit Required
PLATINUM TRIANGLE MIXED USE (PTMU)
N=Prohibited
GF=Ground Floor Commercial
OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
PTMU
GF
j Special Provisions
Accessory Entertainment
P
P
Subject to §18.16.060 in conjunction
with a commercial use
Amusement Devices
P
Subject to § 18.16.050 (Amusement
Devices)
Animal Keeping
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 § 18.3 8.040 (Antennas—
Private Transmitting)
Antennas—Receiving
P
Subject to §18.38.050 (Antennas—
Receiving)
Antennas—Telecommunications—
T
Subject to §§18.38.060 and
Stealth Building -Mounted
18.62.020
Antennas—Telecommunications—
T
Subject to §§18.38.060 and
Stealth Ground -Mounted
18.62.020
57
Antennas—Telecommunications
N
Ground -Mounted (Non -Stealth)
Automated Teller Machines (ATMs)
P
GF
Subject to § 18.3 6.05 0.03 5
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 § 18.3 8.090 (Caretaker
Units)
Day Care—Large Family
P
Subject to § 18.3 8.140 (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—
P
Subject to § 18.38.160 (Mechanical
Ground Mounted
and Utility Equipment—Ground
Mounted)
Mechanical & Utility Equipment—Roof
P
Subject to § 18.38.170 (Mechanical
Mounted
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.
Parking Lots & Garages
P
Portable Food Carts
C
W
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 are hereby, amended to read as follows:
.0110 Deleted.
.0118 Dance Venue, as defined in Section 18.92.070 ("D" words, terms and phrases.) of
Chapter 18.92.
0120 Saunas and spas.
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:
59
.040 Saunas and/or spas, 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
P=Permitted by Right
PRIMARY USES: DOWNTOWN
C=Conditional Use Permit Required
MIXED USE OVERLAY ZONE
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
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
.l
61
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
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
61
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 subject to §18.16.070
Public Services
P
Recreation—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—Outdoor Dining
C
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
62
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
P=Permitted by Right
how utensils, appliances and equipment will be
cleaned.
Retail Sales—Used Merchandise
P
Antique shops only
Studios—Broadcasting
C
Studios—Recording
P
Amusement Devices
Transit Facilities
C
Bus depots prohibited
Utilities—Major
C
Animal Keeping
Utilities—Minor
P
Antennas—Dish
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
P=Permitted by Right
ACCESSORY USES AND STRUCTURES'
C=Conditional Use Permit Required
DOWNTOWN MIXED USE OVERLAY
N=Prohibited
ZONE
DMU
Special Provisions
Amusement Devices
P
Subject to § 18.16.050 (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
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
63
SECTION 39.
64
— 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
P
Subject to § 18.38.160 (Mechanical and
Equipment—Ground
Utility Equipment — Ground Mounted)
Mounted
Mechanical & Utility
P
Subject to § 18.38.170 (Mechanical and
Equipment—Roof Mounted
Utility Equipment — Roof Mounted)
Parking Lots & Garages
P
Portable Food Carts
C
Recreation Buildings &
P
Structures
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
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.
64
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
P=Permitted by Right
PRIMARY USES:
C=Conditional Use Permit Required
MIXED USE OVERLAY ZONE
N=Prohibited
MU
Special Provisions
Residential Classes of Uses
Dwellings—Multiple- Family
C
24-hour on-site management is required
Dwellings—Single- Family
C
Attached
Senior Citizen Housing
C
Subject to Chapter 18.50
Non -Residential Classes of
Uses
Alcoholic Beverage Sales—Off-
C
Sale
Alcoholic Beverage Sales—On-
C
Sale
Antennas—
C
Shall be fully screened by the building
Telecommunications
to which they are attached; subject to §
18.3 8.060
Bars & Nightclubs
C
Business & Financial Services
P
Computer Internet &
C
Amusement Facilities
Convenience Stores
C
Subject to § 18.38.110
Dance & Fitness Studios—
C
Large
Dance & Fitness Studios—
P
Small
65
Educational Institutions—
Business
C
Entertainment Venue
C
Markets—Large
C
Subject to § 18.38.155
Markets—Small
C
Subject to § 18.38.155
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—Outdoor Dining
P
Subject to § 18.38.220
Restaurants—General
P
Subject to § 18.38.220
Retail Sales—General
P
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. The Planning Director has the authority to 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 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.
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
67
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 club,
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 club,
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
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. 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.
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. 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. 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, uses that generate
excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses,
or operations involving large furnaces, plating, 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—Heavy. 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 moderate to
heavy industrial processing from raw materials, animal slaughter, and operations involving large
heat treating furnaces, plating, or lacquering. Typical uses include the manufacture of metal
products, 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 ten thousand (10,000) 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.
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 ten thousand (10,000) 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 Section
18.16.070 (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.
70
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; massage or massage establishments; and art, music and photography
studios.
Personal Services -Restricted. This use class consists of Figure Model Studio Establishments;
tattoo parlors; saunas; and spas.
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.
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
storage and maintenance of government vehicles. This classification includes offices and post
offices.
71
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 facilities containing pool or billiard tables
provided for users other than the occupants/residents of the facility. Facilities 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 operations taking
place fully within an enclosed structure. Typical uses include amusement arcades, bowling
alleys, haunted houses, family fun centers, bounce houses and any other indoor amusement 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.
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.
72
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 -Outdoor 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.
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
73
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 "Entertainment
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
"Entertainment Venue."
SECTION 49.
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 six (6) or fewer amusement devices,
and any number of amusement devices that occupy forty-nine percent (49%) 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:
74
.105 Entertainment — Accessory. 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 use. 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 hours of operation shall cease at 11 p.m., daily. Later operating hours can be
requested through a conditional use permit.
.030 A Burglary/Robbery Alarm Permit application, Form APD 516 and Emergency
Listing Card, Form APD -281 shall be completed and returned to the Police Department prior to
initial alarm activation.
.040 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.
.050 That the activities occurring in conjunction with the operation of the billiard hall shall
not cause noise disturbance to surrounding properties.
.060 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.
.070 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.
.080 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.
75
.090 That the sales and consumption of alcohol shall be prohibited unless a conditional use
permit has been obtained for such sales.
.100 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 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,
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
76
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, "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 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 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.
.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. The Planning Director will verify that
any use of such parking areas does not reduce the number of parking spaces to less than the
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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.
.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.
(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.
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(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.
.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.
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.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 18.3 8.095 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 18.38.095.020
(Location Requirements) of Chapter 18.3 8.095 (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.
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 beset 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
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.
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.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:
.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
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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.
.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 -
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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
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.
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.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 Outdoor Dining, with or without accessory bar and/or on -
premise sale and consumption of alcoholic beverages, but not an "Entertainment Venue";
SECTION 57.
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
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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
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.
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
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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. 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-
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.
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.100 Vacant Parcels. No storage shall occur on any vacant parcel, except as may be
permitted 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.
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 "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 Section 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.
.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.
.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;
.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.
M
.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
18.3 8.240.070.0702.11.
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
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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.
.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.
.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, 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.
.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.
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.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 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. 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.
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.
.06 Grand Opening Banners. Grand opening banners for new businesses may be
allowed, subject to a special event permit. These banners may be displayed for 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.
.07Promotional Banners. Promotional banners advertising sales and promotions may
be allowed, subject to a special event permit.
.08 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
the name of the commercial center, but shall not include the name of any individual business or
product.
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.09 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.
.10 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.
.11 Special Event - Flags or Banners in Residential Zones. Special Event - Flags or
Banners are permitted in all residential zones , subject to a special event permit, provided such
display shall be limited to advertising the sale of residential units in subdivisions and the 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) Apartment buildings containing five or more units are eligible for Special
Events — Flags and Banners for one three-day weekend, Friday through Sunday, for a total of
twelve (12) permits per calendar year, to promote the availability of rental units, subject to the
approval of a special event permit. There shall be a minimum of three (3) weeks between
Special Events — Flags and Banners permits for apartments.
(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.
(1) No 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.
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(2) One banner per building elevation facing a public or private street, or
parking lot serving the development, shall be permitted for apartment or 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.
.12 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.
.13 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
18.38.240.060.
.0703 Christmas tree lots and pumpkin patches.
.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
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
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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.
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
(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 BOARDING
.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.
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.020 The following operating conditions shall be adhered to in order to maintain
cleanliness of the facility 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).
.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
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
EEG
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.
Alcoholic Beverage Sales—
0 spaces (spaces are required for underlying uses only).
Off -Sale
Alcoholic Beverage Sales—
0 spaces (spaces are required for underlying uses only).
On -Sale
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
None.
Transmitting
Antennas—
1 space.
Telecommunications
Automatic Teller Machines
2 spaces per machine.
(ATM's) (Exterior, walk-up
Note: No parking spaces are required when located on the exterior
facilities not located on
building wall of an existing business use, when located within the
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properties developed with
interior of any other type of business establishment, or when free -
other retail or office uses.)
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 &
General: 2.5 spaces per 1,000 square feet of GFA for interior
Rental
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
18.42.040.010.0108.
Automotive—Car Sales Retail
4 spaces per 1,000 square feet of GFA.
& Wholesale (Office Use
Only)
Automotive—Public Parking
None.
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 &
3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is
Modification
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.
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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
5.5 spaces per 1,000 square feet of GFA for first 100,000 square
Services
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet.
Cemeteries
Requires parking demand study per paragraph 18.42.040.010.0108.
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
0.333 space per fixed seat, or 29 spaces per 1,000 square feet of
Assembly
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.
Computer Internet &
0.18 space per computer, or 5.5 spaces per 1,000 square feet of
Amusement Facilities
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—
Requires parking demand study per paragraph 18.42.040.010.0108.
Large
Dance & Fitness Studios—
5.5 spaces per 1,000 square feet of GFA.
Small
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—
0.82 space per student, or 20 spaces per 1,000 square feet of GFA
Business
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—
Elementary and Junior High Schools: 1 space per classroom, plus
General
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
102
103
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—
4 spaces per 1,000 square feet of GFA.
Tutoring
Emergency Shelters
1 space per employee and volunteer staff member, plus 1 space for
every 4 beds or 0.5 spaces per bedroom designated for family units
with children
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
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
Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet
Clubs
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.
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Group Care Facilities
0.8 space per bed.
Helipads
Requires parking demand study per paragraph 18.42.040.010.0108.
Hospitals
Requires parking demand study per paragraph 18.42.040.010.0108.
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, outdoor 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—
Industrial: 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%.
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—Heavy
Industrial—Heavy: 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.
104
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 18.42.040.010.0108.
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
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—
5.5 spaces per 1,000 square feet of GFA for first 100,000 square
Restricted
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—Billiards
Billiard Halls: 2 spaces per billiard table, plus required spaces for
other uses within the facility.
Recreation—Commercial
Amusement Arcades: requires parking demand study per paragraph
Indoor
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.
Other Uses: Requires parking demand study per subsection
18.42.040.010.0108.
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Recreation—Commercial
Miniature Golf Course: 20 spaces per course, plus 1 per each
Outdoor
employee.
Other Uses: requires parking demand study per paragraph
18.42.040.010.0108.
Recreation—Low-Impact
Requires parking demand study per paragraph 18.42.040.010.0108.
Recreation—Swimming &
Swimming Facilities: requires parking demand study per paragraph
Tennis
18.42.040.010.0108.
Tennis Courts: 5 spaces per court.
Recycling Services—
0 space (spaces are required for host use(s) only).
Consumer
Recycling Services—General
1.55 spaces per 1,000 square feet of building GFA.
Recycling Services—
1.55 spaces per employee.
Processing
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—Outdoor 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.
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.
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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—Used
5.5 spaces per 1,000 square feet of GFA for first 100,000 square
Merchandise
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.
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 18.42.040.010.0108.
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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 18.42.040.010.0108.
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—
1.55 spaces per 1,000 square feet of GFA, which may include a
Enclosed
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—
0.4 spaces per 1,000 square feet of outdoor storage area (excluding
Outdoors
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 SHARED 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.
.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.
1[11:3
.030 Non -Residential Uses—Shared Parking Arrangements. Subject to the approval of a
Shared Parking Permit pursuant to the provisions of Section 18.42.120 of this chapter, non-
residential uses may utilize shared parking facilities subject to the following requirements;
provided, however that the shared parking will not adversely affect the adjoining land uses.
.0301 On -Site Sharing. Parking may be shared within the same legal property if parking
is available as a result of on-site uses having different peak periods of parking demand or
differing hours of operation.
.0302 Off -Site Sharing. Parking may be shared between separate legal properties under
the following scenarios; provided, however that all property used for such shared parking shall
be under joint ownership, or under agreement approved as to form by the City Attorney.
.01 The property on which additional parking is available has parking spaces in
excess of the minimum number required by this chapter.
.02 The uses which would share parking have different peak periods of parking
demand or differing hours of operation.
SECTION 65.
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 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.
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;
1019
.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 .030 of Section 18.42.050 (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 parking demand study 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
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 PERMITS.
This section sets forth the procedures for processing an application for Shared Parking
Permits when such a permit is allowed pursuant to Section 18.42.050 (Location of Parking and
Shared Parking Arrangements) for either On -Site or Off -Site sharing of parking spaces.
.010 Application. An application, on a form approved by the Planning Director, for a
Shared Parking Permit shall be filed with the Planning Department to support the availability of
site sufficient parking.
.020 Required Documentation. The Shared Parking Permit shall include documentation
that specifies the number and location of the off-site or on-site parking spaces, and shall assure
that the spaces shall be accessible and available during the days and times of the week when
those parking spaces are required to meet the parking demands of the use for which the parking
spaces are required.
.030 Shared Parking Agreement. For properties that are providing parking through Off -
Site Sharing as identified in Section 18.42.050.030.0302, a parking agreement, approved by the
Anaheim City Attorney 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.
.040 Operation. The issuance of a 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 Shared Parking Agreement without
providing the required off-street parking shall constitute a violation of this subsection.
.050 Issuance or Denial of Permit. If the Planning Director determines that all provisions
of Section 18.42.050 (Location of Parking and Shared 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.
ill
.060 Revocation of Permit. Detrimental circumstances or any violation of the provisions
set forth in Section 18.42.050 (Location of Parking and Shared Parking Arrangements) and
Section 18.42.120 (Shared 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:
.0601 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;
.0602 Traffic congestion within the off-street parking areas or lots being shared; and
.0603 Restricted vehicular access to the shared parking areas.
.070 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).
.080 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 .083 be, and the same is hereby, added to Section 18.44.030
of Chapter 18.44 of Title 18 of the Anaheim Municipal Code 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:
Table 44-C
Maximum Size of Freeway -Oriented Signs
Freestanding Signs
Area
Height
Width
(square feet)
(feet)
(feet)
125 or 0.5 per lineal
See subsection .060
15
feet of freeway
of this section
frontage or frontage
road, whichever is less
112
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 Freestanding commercial and industrial buildings. The following building
elevations are permitted to have one wall sign except as otherwise specified in paragraph .04
below:
.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 .05:
.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.
113
.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 .04.
.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.
.0104 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.
.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 elevation. 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;
.0106 The maximum aggregate area of allowable wall signs per building elevation for
office buildings with four or more stories shall be limited to three square feet of sign area per
lineal foot of that building elevation;
114
.0 107 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.
.0108 The single display surface shall be placed parallel to, and in front of, any exterior
wall of the building;
.0109 The sign shall be placed on a flat surface and not on a decorative architectural
feature of the structure;
0110 The sign shall not project over or into any public right-of-way;
.0111 The sign shall not project above the parapet or eaves of the building, whichever is
lower; and
.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.
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 ten thousand (10,000) 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;
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:
115
.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
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 Planning 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
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 Planning 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
3011
application complete. Within five (5) business days following the receipt of any such amended
application or supplemental information, the Planning 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 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 Planning 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.
.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 Planning 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 Planning 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, above.
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.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.
.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 Planning 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 Planning 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 Planning 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 Planning Director is that the transfer does not meet the
requirements of subsection .020, the Planning 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 Planning Director, utilizing the procedures and time limitations for
a permit revocation set forth in Section 18.54.080.
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.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.
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 Planning 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
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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.
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 Planning 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 Planning
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 Planning 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
Planning 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:
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.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 Planning
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
extension of such amortization period. Failure of any person to actually receive such notice shall
not affect the validity of any proceedings pursuant to this Section 18.54.090. Affect
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 Planning Director specified in subsection .020 above, whichever date is
later. Such application shall be made in writing to the Planning 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 Planning 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 Planning 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
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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 Planning Director within the
time period, the Planning 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
Planning 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 Planning 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 Planning 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
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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.
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 -
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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).
.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 two (2) 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.
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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
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.
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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.
"Accessory Bar." A separate area located within a restaurant with on -premises sale and
consumption of alcoholic beverages wherein alcoholic beverages are sold for consumption on the
premises, and which premises maintains an "eating place" -type license issued by the California
Department of Alcoholic Beverage Control. An accessory bar is, and at all times shall remain,
an ancillary use to the primary restaurant use and shall not exceed thirty (30) percent of the gross
floor area for the restaurant.
"Accessory Entertainment." Any premises used primarily for a bar, restaurant, coffee shop,
establishment serving food, and/or other refreshments and where entertainment is provided as an
accessory part of the operation.
"Accessory Living Quarters." See Chapter 18.36 (Types of Uses).
"Acres, Gross." The overall acreage of an area within the boundaries of a legal parcel, which
includes all roads, except arterial highways, as measured at their ultimate right-of-way width.
"Acres, Net." The overall acreage of an area, excluding public and private streets and alleys.
"Adult Day Care Center." An establishment or home that provides care, protection and
supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours
per day, while the guardians of such adults are away.
"Alcohol, Off -Sale." The sale of alcoholic beverages to consumers for consumption off the
premises where sold, in accordance with a valid off -sale license issued by the State of California.
"Alcohol, On -Sale." The sale of alcoholic beverages to consumers for consumption on the
premises where sold, in accordance with a valid on -sale license issued by the State of California.
"Alley." A public vehicle right-of-way providing a secondary means of access to abutting
property.
"Amusement device." Any game, pool table, exhibition, shuffleboard game, or amusement or
recreational device, or any electronic, computerized or mechanical device or machine, which,
upon the insertion of a coin, slug, token, card, or any other object representative of value, in any
slot or receptacle attached to such device or machine or connected therewith, or upon any other
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form of payment, operates or which may be operated for use as a game, contest or amusement or
for the dispensing of music.
"Amusement Arcade." Any premises containing seven (7) or more amusement devices
(including pool table), or any premises wherein more than forty-nine (49) percent (49%) of the
public floor area is devoted to amusement devices, whether or not said devices constitute the
primary use or an accessory use of the premises.
"Anaheim Colony Historic District." A district of the City of Anaheim established by City
Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street
and East Street.
"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.
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"California Massage Therapy Council" or "CAMTC." The non-profit organization
established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section
4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a
statewide basis pursuant to Business and Professions Code Section 4600(g).
"CAMTC certificate." A Massage Practitioner or Massage Therapist certificate issued by the
California Massage Therapy Council.
"Canopy." A freestanding, roof -like structure without enclosing walls, supported by
columns, poles or braces extending from the ground.
"Carnival." A temporary organized program for entertainment or exhibition. The event is
typically operated by an organization whose primary business is to operate the entertainment
such as rides or amusement games. Festivals are also included.
"Carport." A permanently roofed structure with not more than two (2) enclosed sides, used,
or intended to be used, for automobile shelter and storage.
"Chair Massage." A massage as defined in Section 18.92.160, where the patron is fully
clothed and in a public or semi-public area while receiving the massage, and where the external
parts of the body which are massaged are limited to the head, neck, back and/or arms.
"Chief of Police." The Chief of Police of the City of Anaheim, or his/her designated
representative.
"Child Day Care Center, Preschool and Nursery." An establishment or home (other than a
large family day care home or a small family day care home, as defined in this title) which
provides care, protection and supervision to children, for periods of less than twenty-four (24)
hours per day, while the parents or guardians of such children are away.
"City." The City of Anaheim.
"City Council." The City Council of the City of Anaheim.
"City Manager." The City Manager of the City of Anaheim, or his/her designated
representative.
"Club." An association of persons for some common nonprofit purpose, but not including
groups organized primarily to render a service that is customarily carried on as a business.
"Commercial Retail Center." Any combination of two (2) or more commercial uses or
commercial businesses, otherwise permitted or conditionally permitted in the zone in which they
are located, and which the uses or businesses are either: (i) located on a single parcel of
property; (ii) constructed as a single development project; or (iii) result from a remodeling,
partitioning or other division of space in a building, business or use on a single parcel of
property.
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"Commission." The Anaheim City Planning Commission, unless some other commission is
specifically mentioned.
"Computer." Any electronic device designed or intended to access the Internet, or for
interconnection with other devices for playing electronic games.
"Computer Rental/Internet Amusement Business." A business establishment which, for
compensation, provides for public use ten (10) or more computers or electronic communication
devices, to which computers are connected, for the purpose of providing its patrons with access
to the Internet, e-mail, video games played over the Internet or other computer game software,
whether or not said computer activity constitutes the primary use of the premises.
Establishments known variously as PC cafes or zones, Internet cafes or zones, cyber cafes or
cyber centers are expressly included within the foregoing 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 (10,000) 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." 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.
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"Crib Walls." A wall constructed of individual, but often interlocking, timber or precast
concrete components, commonly used for retaining slopes, set at an angle to the vertical, and
often including space for the planting of creeping and/or cascading foliage.
"Customer Area." Any area open to customers of the establishment.
SECTION 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.
"Dance — One -Day." 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." 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.
"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).
"Dwelling, Single -Family Attached." See Chapter 18.36 (Types of Uses).
"Dwelling, Single -Family Detached." See Chapter 18.36 (Types of Uses).
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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.
"Emergency Shelter." Has the same meaning as defined and used in Section 50801(e) of the
California Health and Safety Code.
"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.
"Entertainment." 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. "Entertainment" 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." 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." 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.
"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
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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." 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." 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
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.
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"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.
SECTION 94.
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." The Health Care Agency of the County of Orange.
"Hearing Officer." An Employee Hearing Officer appointed by the City Manager pursuant
to Section 1. 12.110 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:
(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
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(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." 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.
"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.
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"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 (13 5) 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.
"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.
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"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." 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.
"Massage Establishment." 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
I19rei
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." 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 Section
18.16.070.
"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."
"Nonconforming Fence." See "Nonconforming Structure."
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"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." To be 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 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.
"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.
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"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." 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." 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." 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.
"Pool table" or "table." 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.
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"Private dance." 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.
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." Any school or institution of learning which teaches,
through State certified instructors, the theory, ethics, practice, profession, or work of massage,
which school or institution complies with the California Education Code section 94310 or 94311,
and which requires a resident course of study before the student shall be furnished with a
diploma or certificate of graduation. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school of massage.
"Regional Shopping Center." A retail shopping area consisting of a group of retail and other
commercial businesses designed, developed and managed as an integrated entity, that provides a
wide range and variety of general merchandise and services, and is intended to attract shoppers
from more than one city.
"Residential or Group Care Facility." A building or portion thereof, designed or used for the
purpose of providing twenty-four (24) -hour per day residential living accommodations in
exchange for the payment of money or other consideration, where the duration of tenancy is
determined, in whole or in part, by the individual resident's participation in group or individual
activities, such as counseling, recovery planning, or medical or therapeutic assistance.
"Residential or Group Care Facility" includes, but is not limited to, community care facilities
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(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." The person(s) designated by the Operator of the Massage
Establishment to act as the representative or agent of the Operator in conducting day -today
operations. A Responsible Employee may also be an owner.
"Rest Home." Facility that provides nursing, dietary and other personal services to
convalescents, invalids and aged persons, excluding cases of contagious or communicable
diseases, and excluding surgery or primary treatments such as are customarily provided in
hospitals.
"Restaurant." An establishment that is engaged primarily in the business of preparing and
serving meals for immediate consumption, either on or off the premises. The term "Primarily"
shall mean that food and nonalcoholic beverage sales comprise a minimum of sixty percent
(60%) of the gross income from the establishment's business operations. The food preparation or
kitchen area for a restaurant shall be permanently designed for food preparation and food storage
purposes, and shall constitute not less than twenty percent (20%) of the gross floor area of the
restaurant, including outdoor dining areas. No admission fee, cover charge, advance pre-
payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the
premises.
"Restaurant, Drive -In." A restaurant where provision is made for vehicles to park on the
premises, and food is ordered from and served directly to patrons in the vehicle for consumption
by patrons in vehicles while they are parked on the premises.
"Restaurant, Drive -Through." A restaurant where provision is made for one (1) or more
drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at
a separate location, either on or off the premises.
"Restaurant, Enclosed." A restaurant in which the preparation, service and consumption of
meals is conducted entirely within a building.
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"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, Outdoor Dining." A restaurant in which the activity of preparing and serving
meals is conducted mainly within an enclosed building, and which provides an outdoor dining
area as defined in this chapter.
"Restaurant, Take -Out." A restaurant where food is prepared on the premises and
customarily ordered by patrons, while standing at a window or counter located inside the
building, regardless of the manner in which said food is thereafter served or whether said food is
consumed on or off the premises, and which may provide an indoor and/or outdoor seating area
having a cumulative maximum total of not more than ten (10) seats in an area proportional to the
number of tables and seats.
"Restaurant, Walk -Up." A restaurant where food is prepared on the premises, and service to
the customer is by means of a window or opening to the outside of the building, at which the
customer places and receives an order, which may be consumed on the premises.
"Restaurant, 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.
"Restaurant, With On -Premises Sale and Consumption of Alcoholic Beverages." A
restaurant, either enclosed or with outdoor dining, where alcoholic beverages are sold to and
consumed by patrons upon the premises, either within an accessory cocktail lounge or in a
designated dining area, in conjunction with the serving and consumption of a meal. Said
establishment shall have, and maintain all requisite permits and approvals from and as required
by the California Department of Alcoholic Beverage 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.
142
"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.
"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.
143
"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
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.
144
"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
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
145
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
Golf Courses & Country Clubs
N
N
Group Care Facilities
N
N
Helipads
N
N
Hospitals
N
N
Hotels & Motels
N
N
Mortuaries
N
N
146
Oil Production
N
N
Plant Nurseries
C
P
Public Services
N
N
Recreation — 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 - Outdoor Dining
N
P
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
147
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 Section 18.16.050
(Amusement Devices) of this Code.
.05 Banking facilities, including automated teller machines.
.06 Barbershops.
.07 Beauty shops.
.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.
148
suite.
11 Kitchens in a hotel complex or restaurant or kitchenettes in a hotel guest room or
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 Section 18.16.070 (Massage Establishments) and Chapter
18.54 (Sex Oriented Businesses) of this Code.
.14 Meeting and convention facilities as a part of a hotel facility.
.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);
of-way;
(c) Shall be setback a minimum of seven (7) feet from the ultimate public right-
(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.
149
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, Outdoor 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).
.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, outdoor dining, satellite, or walk-up.
.09 Theaters - includes dinner, legitimate or motion picture theaters and
performance theaters or clubs.
150
.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, outdoor 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
P Permitted by Right
PRIMARY USES AND STRUCTURES: C-R
C Conditional Use Permit
DISTRICT (DEVELOPMENT AREA 1)
N Prohibited
Classes of Uses
C-R District
Special Provisions
Agricultural uses
P
Ambulance Services
N
Amusement parks,
C
Such uses may include the keeping of animals
theme -type complexes,
or birds used in the operation of the facility,
aviaries, zoos
provided that such animals or birds shall be
maintained in physical confinement sufficient to
prohibit the movement of said animals or birds
upon any real property not owned or under the
lawful possession or control of the person or
entity owning or controlling said animals or
birds. Further, no animals or birds 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
151
152
shall specify the maximum number and type of
animals and birds permitted. Any increase in
the number and/or variations in the type of
animals and birds kept shall require either an
amendment to said conditional use permit or a
new conditional use permit.
Art galleries
C
Automotive — Parking
C
Parking lots or parking structures/garages not
Lots or Parking
otherwise permitted by Table 116-D.
Structures/Garages
Automotive — Rental
C
Automotive rental not otherwise permitted by
Table 116-D.
Automotive — Service
C
Subject to requirements of Chapter 18.38.070
Station
(Automotive Service Stations) and
18.116.070.090.
Automotive — Service
N
Except as permitted subject to Section
Station: Convenience
18.116.070.090.
Markets or Mini -markets
with or without the sale
of beer and wine for off -
premises consumption
Automotive —Service
N
Station: Rental and/or
display of utility trailers
or trucks
Automotive —Service
N
Except as permitted subject to Section
Station:
18.116.070.090
Sale of alcoholic
beverages for on -
premises and/or off -
premises consumption
Automotive — Service
C
In conjunction with an Automotive - Service
Station: Tow Truck
Station only subject to the following:
• Operations
(a) A maximum of one (1) tow truck shall be
permitted.
(b) When on-site, the tow truck shall be
screened from view of the public right-of-way
at all times.
152
153
(c) All vehicles towed to the site shall be
stored indoors in a service bay. Under no
circumstances shall outdoor storage of the
towed vehicles be permitted.
(d) No additional signage advertising tow
truck operations shall be permitted.
Tow truck operations or towing services not in
compliance with the above requirements shall
be prohibited.
Automotive — Washing
C
In conjunction with an Automotive — Service
Station only.
Billboards
N
As defined in subsection 18.116.160.010
(Definitions Pertaining to Signs).
Bingo
N
Boat and RV Sales
N
Cemeteries
N
Christmas tree sales lots
N
and/or stands
Commercial retail
N
Including commercial retail centers, strip
centers
shopping centers, mini -malls and other
shopping centers not in conformance with the
requirements of a Specialty Center, as detailed
within this table (Table 116-C) "Specialty
Retail Centers".
Computer Internet
C
Facility
Community and
C
Religious Assembly
Convenience markets or
N
Except as allowed by Section 18.116.070.090
mini -markets
Conversion of hotels or
N
Except a caretaker/manager unit may be
motels to semi-
provided as specified in Table 116-D, or
permanent or permanent
vacation ownership resorts as detailed within
living quarters
this table (Table 116-C) "Vacation Ownership".
153
Dance Venue
C
As defined in Section 18.92.070 ("D" Words,
Terms And Phrases.) of the Anaheim Municipal
Code.
Dwelling units
N
Single-family or multiple -family, except
caretaker/manager units allowed as an
accessory use integrated within a hotel, motel or
vacation ownership resort.
Educational Institutions
C
— Business
Educational Institutions
C
— General
Emergency Medical
C
Facilities
Headshop
N
Heliport
N
As defined in Chapter 18.92 (Definitions).
Helistop
C
As defined in Chapter 18.92 (Definitions)
(excluding heliports); that any such helistop
shall be located a minimum of one thousand
(1,000) feet from any residentially zoned
property.
Hotels and motels
P
Including suite type hotels
located north of
Orangewood Avenue
Hotels and motels
C
Including suite type hotels
located south of
Orangewood
Hospitals
N
As defined in Chapter 18.92 (Definitions).
Industrial Uses
N
As set forth in Chapter 18.10 (Industrial Zones)
Inflatable advertising
N
display
Kitchens or kitchenettes
C
In hotel or motel guest rooms or suites.
Massage establishments
C
Those integrated within a hotel or motel only,
for which a permit is required pursuant to
Section 18.16.070 (Massage) of the Anaheim
Municipal Code.
Mobile home parks
N
Except as otherwise permitted by Section
18.116.120 (Mobile Home Park (MHP)
154
155
Overlay) for parcels encompassed by the MHP
Overlay as identified on Exhibit 3.3.2a of the
Specific Plan document (Mobile Home Park
(MHP) Overlay Zone). Expansion of existing
facilities to increase the number of mobile
homes or mobile home spaces is prohibited.
Mortuaries
N
Museums
C
Nonconforming
C
Provided that the expansion brings the use
Structures and Uses —
and/or structure into greater conformity with the
Expansion of
intent of the Specific Plan.
nonconforming uses and
structures
Nonconforming
P
Provided that the improvements are in
Structure — Facade
substantial conformance with the building
improvements not
envelope, do not adversely impact any adjacent
exceeding 5% of the
parcels and are in conformance with the Design
building floor area
Plan.
If the Planning Director determines that adverse
impacts would occur from the improvements or
if the improvements are not in substantial
conformance with the building envelope, the
plans shall be referred to the Planning
Commission as a conditional use permit.
Nonconforming
C
Structure — Facade
improvements exceeding
5% of the building floor
area
Nonconforming
C
Structure — Office uses
in a legal nonconforming
building
Non -publicly operated
C
Including exhibition halls and auditoriums
convention centers
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.
155
Outdoor advertising of
N
Including, but not limited to, merchandise
merchandise, products
promotions, sales, pricing, etc.
and/or services
Outdoor sales events
N
Including Christmas Tree/Pumpkin sales lots or
stands
Outdoor storage of
N
Except as otherwise permitted in this Zone
goods and materials
Pawnshops
N
Pennants or pennant-
N
Where visible from a public right-of-way and/or
type banners
adjacent property
Recreation—Bowling
C
Including sales of alcoholic beverages for on -
premise consumption
Recreation —Golf
C
Courses/ Miniature golf
courses
Recreation —Low Impact
C
Recreation —Outdoor
P
In conjunction with permitted primary uses and
recreational playground
structures listed in Table 116-C only
areas
Recreation —Swimming
C
& Tennis
Recreation —Skating
C
rinks
Recreational vehicle and
C
Limited to use for short-term visits, not to
campsite parks
exceed 30 days in any calendar year, by tourists
and visitors.
Recycling Services —
N
Consumer
Research &
N
Development
Residential hotels/motels
N
Restaurants —General
P
Enclosed and with outdoor dining, with or
without sale of alcoholic beverages for on
premises consumption, as defined in Chapter
18.92 (Definitions). Restaurants allowed as
156
157
permitted uses shall be full service
establishment. Such establishments may
provide take-out service, but as a limited,
ancillary function only. Outdoor seating areas
visible from the public right-of-way shall not
include table umbrellas that display any symbol,
name, writing or product advertising.
Restaurants —Drive-in or
N
Drive-through
Restaurants with
C
Pursuant to and as defined in Chapter 18.92
accessory entertainment
(Definitions)
with cover charge
Sale of alcoholic
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 (Definitions)
Specialty retail centers
C
Where all good and services are oriented,
marketed and intended for tourist, visitor and/or
recreational consumers and not oriented to the
general public. Such centers shall
(a) Consist of a minimum of five (5) acres;
(b) Have integrated management;
(c) Have a "festive theme" orientation;
(d) Plazas and/or other pedestrian -oriented
amenities shall be part of the center's design as
set forth in the Design Plan; and,
(e) Land uses may include, but need not be
limited to: custom print and art shops; souvenir,
gift, and/or novelty shops; toy shops; hobby
shops; photo supply shops; clothing stores;
confectionery shops, including candy stores, ice
cream parlors, baked goods (e.g., cookies,
muffins, etc.) for on -premises sale or
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
157
158
consumption; entertainment facilities; and
amusement arcades, subject to the provisions of
Section 18.16.050 (Amusement Devices). A
complete listing of proposed uses shall be
submitted with every conditional use permit
application.
Structures —Height
C
Structures within one hundred and fifty (150)
exceeding 1/2 the
feet of any single-family residential zone
distance from the
boundary (other than property under a
building or structure to a
resolution of intent to any commercial zone), or,
single- family, multi-
for property located south of Orangewood
family and/or MHP
Avenue, within one hundred and fifty (150) feet
Overlay zone boundary.
of any multi -family residential zone boundary
(other than property under a resolution of intent
to any commercial zone), or property within the
Specific Plan area encompassed by the MHP
Overlay as shown on Exhibit 3.3.2a (Mobile
Home Park (MHP) Overlay Zone) exceeding a
height equal to one-half (1/2) the distance from
said building or structure to said zone or
overlay boundary. Dedicated streets shall be
included in calculating distance. Heights shall
not exceed the maximum heights defined in
Section 18.40.080 (Structural Height limitation
- Anaheim Commercial Recreation Area).
Structures —Height Limits
N
exceeding the maximum
heights defined in Section
18.40.080 (Structure
Height Limitation —
Anaheim Commercial
Recreation Area).
Structures —Interior
N
Interior setbacks less than two (2) times the
Setbacks
height of any proposed building or structure
when such building or structure is within one
hundred and fifty (150) feet of any single-
family residential zone boundary (other than
property under a resolution of intent to any
commercial zone), or, for property located
south of Orangewood Avenue, within one
hundred and fifty (15 0) feet of any multi -family
residential zone boundary (other than property
under a resolution of intent to any commercial
zone), or property within the Specific Plan area
encompassed by the MHP Overlay as shown on
158
159
Exhibit 3.3.2a (Mobile Home Park (MPH)
Overlay Zone).
Structures originally
N
designed or intended for
residential use but used
for non-residential
purposes
Studios —Broadcasting
C
Including accommodations for filming/taping in
front of live audiences
Studios —Recording
C
Including accommodations for filming/taping in
front of live audiences
Theaters
C
Including dinner, legitimate or motion picture
theaters, performance theaters or clubs, and
indoor or outdoor amphitheaters
Tow truck operators
C
Permitted only in conjunction with an
automotive service station facility. See
Automotive —Service Stations Tow Truck
Operations
Trailer and Truck Rental
N
Services
Transportation facility
C
As defined in paragraph 18.116.030.080 (`T'
Words, Terms and Phrases) of this chapter;
helistops, as defined in Chapter 18.92
(Definitions) (excluding heliports); provided
that any such station or helistop shall be located
a minium of one thousand (1,000) feet from any
residentially zoned property
Uses or activities not
N
Uses or activities not specifically listed in this
listed
chapter which are inconsistent or incompatible
with the intended purpose of the Specific Plan
are prohibited.
C
Uses or activities not specifically listed or
prohibited in this chapter may be established by
conditional use permit when determined by the
Planning Commission to be consistent and
compatible with the intended purpose of the
Specific Plan.
Utilities —Major
C
As defined in paragraph 18.36.040.210
159
Utilities —Minor
P
As defined in paragraph 18.36.040.210 and
C Conditional Use Permit
Integrated within a Hotel or Motel
subject to paragraph 18.116.100 (Screening,
Including Suite -Type Hotels, and
Walls, Fences, Landscaping and Lighting —
District (Development Area 1)
Commercial Recreation (C-R) District
Classes of Uses
C-R
(Development Area 1))
Vacation ownership
C
Subject to compliance with the requirements of
resorts
P
Section 18.116.150 (Requirements for Vacation
Ownership Resorts)
Veterinary Services
N
With a maximum of three (3) parking spaces for on-site
Wholesaling
N
parking of vehicles available for rental in reserved
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
P Permitted by Right
Accessory Uses Incidental to and
C Conditional Use Permit
Integrated within a Hotel or Motel
N Permitted
Including Suite -Type Hotels, and
Otherwise Limited Herein: C-R
District (Development Area 1)
Classes of Uses
C-R
Special Provisions
District
Amusement arcades
P
No public access directly from the exterior of the
building.
Automobile rental agency
P
With a maximum of three (3) parking spaces for on-site
offices
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.
160
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
P
galleries
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 club/physical
P
Limited strictly to the use of the guests and/or employees
fitness center
of such hotel or motel
Jewelry stores
P
Laundry facilities and Dry
P
Limited strictly to the use of the guests and/or employees
Cleaning services
of such hotel or motel
Luggage and accessory
P
shops
Meetingibanquet facilities
P
One caretaker/manager
P
Less than one thousand two -hundred twenty-five (1,225)
residential unit
gross square feet in size subject to compliance with the
parking standards for Multiple -Family Dwellings under
Chapter 18.06 (Multiple Family Residential Zones).
161
Outdoor food and/or C In conjunction with a hotel and subject to the following:
beverage carts
(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
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.
162
Photo supply shops
P
Postal and copy service
P
facilities
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 with outdoor dining, full-service, walk-up,
fast food and/or delicatessen only
Sales of alcoholic
P
On -premises and off -premises consumption
beverages
Shoe repair shops
P
Souvenir, gift, and/or
P
Including sales of sundry items
novelty shops
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, Outdoor 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 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, outdoor 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
163
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 Section
18.16.050 (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
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 Section
18.16.070 (Massage Establishments).
030 Art galleries.
164
.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.
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.
165
.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 Section 18.16.050 (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.
.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.
166
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 Outdoor Dining (with or without accessory bar and/or
on -premise sale and consumption of alcoholic beverages; with or without 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 of the Anaheim Municipal Code.
SECTION 115.
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 18.38.240 (Special Events) of Chapter
18.38 (Supplemental Use Regulations).
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 IA.
(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).
167
(d) Private clubs, lodges and meeting halls.
(e) Restaurants; Enclosed or with Outdoor Dining, with or without alcohol or
accessory 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).
0) 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) of the Anaheim Municipal
Code.
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 18.38.240 (Special Events) of Chapter
18.38 (Supplemental Use Regulations).
SECTION 119.
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:
168
.0531 Restaurants, Enclosed or Outdoor Dining (with or without accessory bar and/or
on -premise sale and consumption of alcoholic beverages; with or without Accessory
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)of the Anaheim Municipal
Code.
SECTION 121.
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 Sectionl8.38.240 (Special Events) of Chapter 18.38
(Supplemental Use Regulations).
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 Outdoor Dining (with or without accessory bar and/or
on -premises sale and consumption of alcoholic beverages; with or without Accessory
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 Outdoor Dining; without Accessory Bar and/or on -
premises sale and consumption of alcoholic beverages; without Accessory Entertainment with
cover charge. Drive-in, drive-through, take-out and walk-up restaurants are prohibited.
169
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) of the Anaheim Municipal
Code.
SECTION 125.
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 Sectionl8.38.240 (Special Events) of Chapter 18.38
(Supplemental Use Regulations).
SECTION 126.
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 Accessory Bar and/or
Accessory 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 Outdoor Dining, Fast Food or Take Out (without
cocktail lounges and/or on -premises sale and consumption of alcoholic beverages; without
Accessory Entertainment with cover charge). (No drive-in, drive-through or walk-up
restaurants.).
170
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) of the Anaheim Municipal
Code.
SECTION 129.
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 18.38.240 (Special Events) of Chapter
18.38 (Supplemental Use Regulations).
SECTION 130.
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 Accessory Bar and/or
Accessory Entertainment with cover charge; 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
171
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 29th day of May , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of
June , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
2,�6o,,4)
CITY CLERK OF THE CITY OF A AHEIM
89672.0
CITY OF ANAHEIM
By:
MA OR OF THE CIT OF ANAHEIM
172
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6245 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 29th day of May, 2012, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 5th day of June, 2012, by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of June, 2012.
-91
1 Will
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6245 and was published in the Anaheim Bulletin on the 14th day of
June, 2012.
"fi4 )
CITY CLERK OF THE CITY 0-FANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 14, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct'':
Executed at Santa Ana, Orange County,
California, on
Date: June 14, 2012
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clil ping of
Noti e
SECUIELY
In This Sriace
V
SUMMARY PUBLICATION
CITY OFANAHEIM
ORDINANCE NO. 6245
This ordinance makes a I ge number of changes to various chapters of Titles 3 (Busir
Licenses), 4 (Business R ulahons), 6 (Public Health And Safety), 7 (Mored And Cont
8 (Animals) and 18 (tonin ) of the Anaheim Municipal Code to provide for, among o
things, the updating and reamlmii of certain business permit regulatbns and pn
.. .�,,.,.,.. rti...m.c ,.. �.r.• .,.c „e..mir..,,..,b o..,.u..a:..,.....r.r.......:.....a
j c Keg definitions, and uping code provisions together in a more Kcal way, mal
the aheim Municipal a more user CcIn y for permit plioents. ese change:
suited from recommen ns of the Mayo's Regulatory Ral' Task Force.._
I, Linda N. Andal, City Clof the City of Anaheim, do hereby certify that the foregoing
summary of Ordinance No 6245 which ordinance was introduced at a regular meetin
the City Council of the City of Anaheim on the 28thday of May, 2012 and was duly pas
and adopted at a regular meeting of said Council on a 5th day of June, 2012 by the
lowing roll call vote of the n i9mbers thereof:
AYES: Mayor Tait, Cou icil Members Sidhu, Galloway Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of
dinance No. 6254, which has been prepared pursuarrt to Section 512 of the Charter of
City of Anaheim. This sun imary does not include or describe every provision of the.c
nanoe and should not be r ilied on as a substitute for the full text of the ordinance,
To obtain a copy of the fill text of the'ordinance, please contact the Office of the
V14)_765-5166, be 8:00 AM and 5:00 PM, "day through Friday. There a
charge fdr the copy...