PC 2015/01/12City of Anaheim
Planning Commission
Agenda
Monday, January 12, 2015
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: John Seymour
Chairman Pro-Tempore: Michelle Lieberman
Commissioners:Peter Agarwal, Paul Bostwick, Mitchell Caldwell,
Bill Dalati, Victoria Ramirez
Call To Order -5:00 p.m.
Pledge Of Allegiance
Public Comments
Public Hearing Items
Commission Updates
Discussion
Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim websitewww.anaheim.net/planningon Thursday,
January 8, 2015, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
planningcommission@anaheim.net
e-mail address:
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
10calendar days
Tentative Tract and Parcel Maps will be final after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
AnaheimPlanning Commission Agenda -5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
01/12/15
Page 2of 8
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2006-05108A Resolution No. ______
(DEV2014-000131)
Location:2414 East Katella Avenue
Request:
To amend a conditional use permit for the Project Planner:
Amy Vazquez
sales and consumption of beer and wine to allow the
avazquez@anaheim.net
sales and consumption of alcoholic beverages at a
restaurant within a commercial center.
Environmental Determination:The Planning Commission
will consider whether to find the project to be
Categorically Exempt from the provisions of the California
Environmental Quality Act and Guidelinesas a Class 1
(Existing FacilitiesCategorical Exemption.
)
ITEM NO. 3
VARIANCE NO. 4065AResolution No. ______
(DEV2014-00079
Location:528 SouthState College Boulevard
Request:
To allow fewer parking spaces than required Project Planner:
Elaine Thienprasiddhi
by the Code for a retail clothing store in a former
ethien@anaheim.net
furniture store building.
Environmental Determination:The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelinesas a Class1 (Existing Facilities
)
Categorical Exemption.
01/12/15
Page 3of 8
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 3919AResolution No. ______
VARIANCE NO. 2014-04995
(DEV2014-00086)
Location:8200 East Crystal Drive
Request:
To amend a previously-approved conditional Project Planner:
David See
use permit to expand an existing automobile dealership,
dsee@anaheim.net
to include roof-mounted equipment in the Scenic Corridor
Overlay zone, and to allow more wall signs than allowed
by Code.
Environmental Determination:The Planning Commission
will consider whether to find the project to be
Categorically Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 3
(New Construction or Conversion of Small Structures)
CategoricalExemption.
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2014-05765 Resolution No. ______
VARIANCE NO. 2014-04998
(DEV2014-00102)
Location:8285 E.Santa Ana Canyon Road,Unit 130
Request:
To permit an instructional art studio with Project Planner:
Vanessa Norwood
on-site sales and service of beer and wine with fewer
vnorwood@anaheim.net
parking spaces than required by Code.
Environmental Determination:The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelinesas a Class 1 (Existing Facilities)
Categorical Exemption.
01/12/15
Page 4of 8
ITEM NO. 6
CONDITIONAL USE PERMIT NO. 2014-05759 Request for Continuance
VARIANCE NO. 2014-04985to January 26, 2015
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00111
(DEV2014-00092)
Location:1001–1037 North Magnolia Avenue and
2610 West La Palma Avenue
Request:
For:1) a conditional use permit for the partial Project Planner:
Gustavo Gonzalez
demolition and reconstruction of an existing shopping
ggonzalez@anaheim.net
center to include a drive-thru pharmacy and drive-thru fast
food restaurant; and, to permit alterations to two legal
nonconforming signs; 2) a Determination of Public
Convenience or Necessity for the sale of alcoholic
beverages at the pharmacy for off-site consumption; and
3) a variance to allow fewer parking spaces than required
by the Zoning Code.
Environmental Determination:The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelinesas a Class2(Replacement or
Reconstruction of Existing Structures)Categorical
Exemption.
01/12/15
Page 5of 8
ITEM NO. 7
ZONING CODE AMENDMENT NO. 2014-00121
Motion
(DEV2014-00123)AND ADJUSTMENT NO. 7 TO THE
ANAHEIM RESORT SPECIFIC PLAN (SPN92-2U)
Location:Citywide
Project Planner:
Request:
A City-initiated amendment to Title 18 (Zoning) of
Gustavo Gonzalez
the Anaheim Municipal Code making technical and clarifying
ggonzalez@anaheim.net
changes including, but not limited to, the following Zoning Code
chapters: 1) Chapter 18.06 (Multiple-Family Residential Zones)
–Clarification of terminology related to non-residential classes
of uses and technical corrections to minimum size of
recreational-leisure area requirements in multiple-family
residential zones; 2) Chapter 18.14 (Public and Special-
Purpose Zones) –Clarification of special provisions related to
single-family detached dwellings; 3) Chapter 18.16 (Regulatory
Permits) –Minor modifications to regulatory permits for
entertainment uses; 4) Chapter 18.20 (Platinum Triangle Mixed
Use Overlay Zone) –Modifications to the density regulations
and minimum parking requirements in the Platinum Triangle
Mixed Use Overlay Zone; 5) Chapter 18.32 (Mixed Use (MU)
Overlay Zone) –Modificationto the regulation of uses by
adding Short Term Rentals as a permitted use; 6) Chapter
18.38 (Supplemental Use Regulations) –Modifications to the
provisions for home occupations and second units; 7) Chapter
18.40 (General Development Standards) –Modifications to the
regulations of wall height limitations for residential
developments; 8) Chapter 18.42 (Parking and Loading) –
Modifications to the provisions for residential parking
requirements; 9) Chapter 18.46 (Landscaping and Screening)
–Minor modifications to the provisions for landscaping
requirements in front yard landscape setbacks, wall height
limitations abutting railroad corridors and freeways for
residential developments and landscaping on walls, fences and
trash enclosures, and artificial turf standards; 10) Chapter
18.56 (Nonconformities) –Technical corrections to references
related to management of the Historic Preservation program;
11) Chapter 18.60 (Procedures) –Modifications to the
procedures regarding City Council review of discretionary land
use applications and the approval authority for time extensions
to satisfy conditions of approval; and 12) Chapter 18.92
(Definitions) –Addition of a definition for “Wet Bar.” 13)
Chapter 18.08 (Commercial Zones); 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone); 18.30 (Downtown Mixed
Use (DMU) Overlay Zone; 18.32 (Mixed Use (MU) Overlay
Zone; 18.36 (Types of Uses); 18.42 (Parking and Loading);
18.92 (Definitions); and, 18.116 (Anaheim Resort Specific Plan
No. SP92-2) –Modifications to provisions relating to Computer
Internet & Amusement Facilities.
01/12/15
Page 6of 8
ITEM NO. 7(Continued)
Environmental Determination: The Planning Commission will
consider whether to find that this action is not subject to the
California Environmental Quality Act ("CEQA") pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the State of California
Guidelines for implementation of the California Environmental
Quality Act (commencing with Section 15000 of Title 14 of the
California Code of Regulations; herein referredto as the "State
CEQA Guidelines") because it will not result in a direct or
reasonably foreseeable indirect physical change in the
environment and is not a "project", as defined in Section 15378 of
the CEQA Guidelines.
Continued from the December 15, 2014 Planning Commission
meeting.
Adjourn to Monday, January 26, 2015at 5:00 p.m.
01/12/15
Page 7of 8
CERTIFICATION OF POSTING
Ihereby certify that a complete copy of this agenda was posted at:
4:45 p.m.January 7,2015
(TIME)(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national
origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted
in implementation thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary
aids or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning Department either in person at 200
South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 10:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color
u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal.
Si se solicita, la agenda y los materiales decopia estarán disponible en formatos alternativos
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Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
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ntacto con la Oficina de Secretaria de la
modificación, ayuda o servicio poniéndose en co
Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono
al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión
programada.
01/12/15
Page 8of 8
ITEM NO.2
PLANNING COMMISSIONREPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY 12, 2015
SUBJECT:CONDITIONAL USE PERMIT NO.2006-05108A
LOCATION:
2414East Katella Avenue(Erba Pizzeria)
APPLICANT/PROPERTY OWNER:
The applicant is Edward Hu with LV
Group, LLC.The agent representing the applicant isDavid Jackson and the property
owner is Starmont Shops at Stadium Towers.
REQUEST:
The applicant requestsan amendment toa conditional use permit to
allow the sales and consumption of alcoholic beverages at a restaurant within a
commercial centerthat currently sells beer and wine only.
RECOMMENDATION:
Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt under the
California Environmental Quality Act (Class 1, Existing Facilities), and approving
Conditional Use Permit No. 2006-05108A.
BACKGROUND:
This 2.0-acre propertyis developed with two commercial
buildings. The property is located in the General Commercial(C-G)and the
Platinum Triangle Mixed-Use (PTMU) Overlay zones.The General Plan designates
this property for Mixed Use land uses. The property is surrounded by a freestanding
restaurantto the east and offices to the north, south and west.
ConditionalUse Permit No. 2006-05108 to permit the sale of beer and wine for on-
premises consumption in a restaurant with outdoor dining was approved by the
Zoning Administrator on July 6, 2006.
PROPOSAL:
The applicant is requesting approval to upgrade an existingOn-Sale
Beer and Wine-Eating Place (Type 41)license to an On-Sale General-Eating Place
(Type 47) Alcoholic Beverage Control (ABC) license for a 2,956 square foot pizza
restaurant.No physical changes to the restaurant space are proposed.The restaurant
would provide a full lunch and dinner menu seven days a week,with daily hours of
operation from 10:30a.m. to 2:00 a.m.
ANALYSIS:
The Zoning Code requires a conditional use permit to authorize the
sale of alcoholic beveragesin a restaurant in orderto ensure compatibility with
surrounding uses. A determination of public convenience or necessity is not required
for restaurants serving alcoholic beverages.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2006-05108A
January 12, 2015
Page 2of 2
The number of alcohol licenses allowed in each of the City’s census tracts is regulated by ABCand
is based upon population. The restaurant is located within Census Tract No. 863.03, which has a
population of 6,212 residents. This population allows for seven licenses and presently there are 23
licenses within the tract. The high concentration of licenses in the tract is due to the location of the
property within the Platinum Trianglewhich has a large number of alcohol-serving restaurant and
entertainment uses. This concentration is consistent with the unique character of the Platinum
Triangle,which isa regional sports and entertainment destination.
The location is within Police Reporting District No. 2028, which has a crime rate that is below
the citywide average. There have been no calls for service to this location in the last year. The
crime rate within ¼ mile of this property is also below the citywide average with calls for service
during the past year consisting of ten petty thefts, eight vandalisms and six simple assaults. Staff
does not anticipate that the addition of the sales ofalcoholic beverages at this location would
contribute to an increase in crime.
Staff believes the sale of alcoholic beverages would be compatible with the surrounding area
because this is a predominantly commercial area consisting of other restaurant, entertainment,
retail and office uses. Beer and wine has been served at this business since 2006 without
impacting adjacent businesses or properties. Conditions of approval to help ensure that the
business is operated in a responsible manner have been attached to the draft resolution. These
conditions include a prohibition on any exterior advertising of alcoholic beverages and required
ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees.
Staff conducted an inspection of the property and found it to be well maintained. There are no
outstanding Code Enforcement violations associated with this property.
CONCLUSION:
The sale of alcoholic beverages in conjunction with a pizza restaurant would
complement existing nearby businesses and entertainment venues. The recommended conditions
of approval would ensure that the sale of alcoholic beverages would be compatible with
surrounding land uses. Staff recommends approval of this request.
Prepared by,Submitted by,
Amy VazquezJonathan E. Borrego
Associate Planner, Lilley Planning GroupPlanning Services Manager
Attachments:
1.Vicinity and Aerial Maps
2.Draft Conditional Use Permit Resolution
3.Letter of Request
4.Police Memorandum
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Department at City Hall or on the City of Anaheim’s web site at
www.anaheim.net/planning.
5.Photographs
6.Site Plan
7.Floor Plan
ATTACHMENT NO. 1
I
I
INDUSTRIAL
STADIUM PLAZA
BUSINESS PARK
I
INDUSTRIAL
O-H (PTMU)
Office
OFFICES
I (PTMU)
Office
MU)
SERVICE STATION
C-G (PTMU)
ce
Katella Sub-Area C
R/SERVICE
RESTAURANT
C-G (PTMU)
Katella Sub-Area C
BUSINESS PARK
O-L (PTMU)
Katella Sub-Area C
O-L (PTMU)
STADIUM TOWER PLAZA
Katella Sub-Area C
OFFICE BLDG.
STADIUM TOWER PLAZA
OFFICE BLDG.
O-L (PTMU)
Katella Sub-Area C
PARKING STRUCTURE
O-L (PTMU)
Katella Sub-Area C
PR (PTMU)
VACANT
Stadium
ANGEL STADIUM
OF ANAHEIM
050100
°
Aerial Photo:
May 2014
Feet
Subject Property
APN: 253-532-13
DEV No. 2014-00131
2414 East Katella Avenue
ATTACHMENT NO. 1
050100
°
Aerial Photo:
May 2014
Feet
Subject PropertyAPN:
253-532-13
DEV No. 2014-00131
2414 East Katella Avenue
[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2015-***
A RESOLUTION OF THE PLANNING COMMISSIONOF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO.2006-05108AND MAKINGCERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00131)
(2414 EAST KATELLA AVENUE)
WHEREAS, on July 6,2006, and subject to certain conditions of approval, the Zoning
Administratorof the City of Anaheim, by Resolution No. ZA2006-14, (1) approved Conditional
Use Permit No. 2006-05108 (herein referred to as the "Original CUP") to permit the sale of beer
and wine for on-premises consumption in a proposed restaurant with outdoor dining on premises
located at2414 East Katella Avenue, County of Orange, State of California(the "Premises"),
which Premises is located within a commercial centercommonly known as 2406-2432 East
Katella Avenue. The location of the commercial center is generally depicted on the map attached
hereto as Exhibit Aand incorporated herein by this reference (the "Property").The conditions of
approval which were the subjectof the Original CUP shall be referred to herein collectively as the
"Previous Conditions of Approval"; and
WHEREAS, the Planning Commissiondid receive a verified petition to amend the
Original CUP to permitthe sales and consumption of alcoholic beverages at a restaurant at the
Premises("Proposed Project") pursuant to Section 18.60.190(Amendment of Permit Approval)
of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use
Permit No. 2006-05108A; and
WHEREAS, the Property is approximately 2.0 acres in size and is developed with an
8-unit commercial center. The Land Use Element of the Anaheim General Plan designates the
Property for Mixed Use land uses. The Property is located within the “C-G” General
Commercial Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim onJanuary 12, 2015at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2006-05108A, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the "lead agency"under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consistsof the repair, maintenance, and/or minor alteration of existing public or private
structures or facilities, involving negligible or no expansion of use beyond that existing at the
time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the
California Code of Regulations, the Proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
-1-PC2015-***
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request forConditional Use Permit No. 2006-05108A , does find
and determine the following facts:
1.The request to permit alcoholic beveragesfor on-premises consumption in
conjunction witharestaurant in an existing commercial retail center in the Commercial Zone is
an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section
18.08 of the Code provided that a conditional use permit is approved.
2.The request to permit alcoholic beverageservice for on-premises
consumption in conjunction with a restaurant would not adversely affect the surrounding land
uses and the growth and development of the area in which it is proposed to be located because
the Property is currently developed with a commercial retail center and the proposed use of the
Premises at the Propertyis compatible with the existing uses withinthe commercial center and
uses in the surrounding area; and
3.The size and shape of the site is adequate to allow the full development of
the existing use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center and there is no proposed expansionof thePremises; and
4.The traffic generated by permitting alcoholic beverageservice for on-
premises consumption in conjunction with a restaurant would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
number of vehicles entering and exiting the Property are consistent with the existing commercial
use of the Premisesand the permitted businesses within the commercial center; and
5.The granting of Conditional Use Permit No. 2006-05108Aunder the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim because the Property is a commercial center which allows restaurant businesses and the
existing restaurant is compatible with the surrounding area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution.The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 2006-05108Ais hereby approved,
thereby amending the Original CUPfor the Proposed Project.
-2-PC2015-***
BE IT FURTHER RESOLVED that,effectiveupon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated
herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions
of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All
references to the conditions of approval for the Original CUP and this Conditional Use Permit
No. 2006-05108Ashall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use
Permit No. 2006-05108A.
BE IT FURTHER RESOLVED that theconditions of approval described in Exhibit
Battached hereto are hereby found to be a necessary prerequisite to the proposed use of the
PremisesunderConditional Use Permit No. 2006-05108Ain order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordancewith Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and anyother applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 12, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3-PC2015-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on January 12, 2015, by the following vote of
the members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
th
IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4-PC2015-***
-5-PC2015-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2006-05108A
(DEV2014-00131)
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
OPERATIONAL CONDITIONS
1.
The managers and/or owners shall coordinate withthe Department of
Alcoholic Beverage Control and obtain LEAD (Licensee Education
Police Department
on Alcohol and Drugs Program) Training for themselves and service
employees. The contact number is 714-558-4101.
2.The activities occurring in conjunction with the operation of this Police Department
establishment shall not cause noise disturbances to surrounding
properties.
3.
All activities related to the use shall occur indoors, except as may Planning Department,
be permitted by an authorized Special Event Permit.Code Enforcement
Division
4.There shall be no admission fee, cover charge, or minimum purchase Police Department
required.
5.At all times when the premises is open for business, the premises Police Department
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
6.
There shall be no exterior advertising of any kind or type, Police Department
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
7.The existing restaurant shall be operated in accordance with the Planning Department,
Letter of Operation submitted as part of this application. Any Planning Services
changes to the business operation as described in the Letter of Division
Operation shall be subject to review and approval by the Planning
Director to determine substantial conformance with the Letter of
Operation and to ensure compatibility with the surrounding uses.
8.Security measures shall be provided to the satisfaction of the Police Department
Anaheim Police Departmentto deter unlawful conduct of employees
and patrons, promote the safe and orderly assembly and movement
of persons and vehicles, and to prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises. Any security officers provided shall comply
with all State and Local ordinances regulating their services,
including, without limitation, Chapter 11.5 of Division 3 of the
California Business and Profession Code.
9.The sale of alcoholic beverages for consumption offthe premises Police Department
shall be prohibited.
-6-PC2015-***
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
10.The occupancy shall not exceed the occupancy limit for the premises Police Department,
established by the Anaheim Fire Department. Signs indicating the Fire Department
occupant load shall be posted in a conspicuous place on an approved
sign near the main exit(s) from the room(s).
11.The business shall not employ or permit any persons to solicit or Police Department
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.
12.The managers and/or owners shall not share any profits, or pay any Police Department
percentage or commission to a promoter or any other person, based
uponmonies collected as a door charge, cover charge, or any other
form of admission charge, including minimum drink orders, or the
sale of drinks.
13.Subject alcoholic beverage license shall not be exchanged for a Police Department
public premise (bar) type license nor shall the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
14.Adequate lighting of parking lots, passageways, recesses, and Police Department
grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises during
the hours of darkness and provide a safe, secure environment for all
person, property, and vehicles on-site.All exterior doors shall have
their own light source, which shall adequately illuminate door areas
at all hours to make clearly visible the presence of any person on or
about the premises and provide adequate illumination for persons
exiting the building.
15.No required parking area shall be fenced-off or otherwise enclosed Planning Department,
for outdoor storage uses.Code Enforcement
Division
16.Windows of restaurant shall not be covered by advertising to the Police Department
extent that the interior is not clearly visible from the outside to
enable officers responding to potential emergency situations to
observe any activity which may be occurring inside. At no time
shall window signs exceed 10% of the window area, in compliance
with the Zoning Code.
17.The managers and/or owners shall be responsible for maintaining the Planning Department,
area adjacent to the premises over which they have control, in an Code Enforcement
orderly fashion through the provision of regular maintenance and Division
removal of trash or debris. Any graffiti painted or marked upon the
premises or on any adjacent area under the control of the licensee
shall be removed or painted over within 24 hours of being applied.
18.There shall be noentertainment, amplified music, loitering, or Police Department
dancing permitted outside of the building. No entertainment shall be
-7-PC2015-***
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
allowed on the premises unless the business owner first obtains an
Entertainment Permit.
GENERAL CONDITIONS OF APPROVAL
19.
The Applicant shall defend, indemnify, and hold harmless the Planning Department,
City and its officials, officers, employees and agents (collectively Planning Services
referred to individually and collectively as “Indemnitees”) from Division
any and all claims, actions or proceedingsbrought against
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto.The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
20.
The applicant is responsible for paying all charges related to the Planning Department,
processing of this discretionary case application within 30 days of Planning Services
the issuance of the final invoice or prior to the issuance of building Division
permits for this project, whichever occurs first.Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
21.
The subject Property shall be developed substantially in Planning Department,
accordance with plans and specifications submitted to the City of Planning Services
Anaheim by the petitioner and which plans are on file with the Division
Planning Department, and as conditioned herein.
-8-PC2015-***
ATTACHMENT NO. 3
ATTACHMENT NO. 4
ATTACHMENT
2414 EAST KATELLA AVENUE SITE FRONT VIEW
2414 EAST KATELLA AVENUE SPACE REAR VIEW
2414 EASTKATELLA AVE.SURROUNDING PROPERTY EAST
2414 EAST KATELLA AVE. SURROUNDING PROPERTIES NORTH
2414 EAST KATELLA AVE. SURROUNDING PROPERTIES SOUTH
2414 EAST KATELLA AVE. SURROUNDING PROPERTIES WEST
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY 12, 2015
SUBJECT:VARIANCE NO. 4065A
LOCATION:
528 South State College Boulevard
APPLICANT/PROPERTY OWNER:
The applicant is Kwang Park with J.I.T.
Solutions, Inc. and the property owner is John Walz.
REQUEST:
The applicant requestsa variance to allow fewer parking spaces than
required by the Zoning Code to allow a retail clothing store in a former furniture store
building.
RECOMMENDATION:
Staff recommends the Planning Commission adopt the
attached resolution, determining that a Class 1 Categorical Exemption is the appropriate
environmental determination for this request and approving Variance No. 4065A.
BACKGROUND:
This 0.5-acre property is developed with a10,500 square footretail
building that was previously used as a furniture store and is located inthe General
Commercial (C-G)Zone. The General Plandesignatesthis property for Low-Medium
DensityResidential land uses. Surrounding land uses include single-family homesto the
north and east and commercial uses to the south andwest.
The site was formerly occupied by La-Z-Boy Furniturestore, which was constructed in
1982.In1990,aparking variance was approved to allow thewarehouse portion of the
store to be expanded to its current configuration. The building is currently unoccupied.
PROPOSAL:
The applicant proposes to utilize the existing building for a retail uniform
clothing store, offices and distribution warehouse. The floor plan indicates approximately
4,500 square feet of retail space, 1,000 square feet of office and 5,000 square feet of
warehouse.The warehouse will serve as a distribution facility for the applicant’s five other
uniform retail stores in Orange County.
ANALYSIS:
The Code permits retail clothing stores in the C-Gzone. The Code requires
58 parking spaces and 18 parking spaces currently exist. The change in use of this building
triggers the need to amend the parking variance since the parking requirement for a
clothing store is much higher than the former use as a furniture store. The applicant
indicates in theletter of operation that theirexisting retail storesdo not generate a large
volume of customers.The business operates as a retail andwholesale businesswith a
significant portion oftheir business involvingdirect deliveriesto schools and hospitals.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
VARIANCENO. 4065A
January 12, 2015
Page 2of 2
The typical walk-in customer comes in knowing exactly what they want to purchase and spends
only about five to ten minutes in the store. Typical staffingfor the business is four to five
employees.
A parking study, dated November 26, 2014, was conducted by Kunzman Associates, Inc. The
study included parking counts of two uniform stores of similar operations and size to the
proposed business. The parking study found that the appropriate parking ratio for this specific
type of operation is 1.27 spaces per 1,000 square feet; therefore, the actual parking demand
anticipated for the business is 13 parking spaces. Since 18 parking spaces would be provided
on-site, the anticipated peak demandwould beless than the number of spaces provided.Staff
has included a condition of approval in the draft resolution stipulating that the approval is based
on the operationof the business as proposed. Any significant modification to the operation of
the business would require staff review for potential parking impacts.
Staff received a phone call from a neighbor concerned with the condition and maintenance of
the property as well as illegal activity on-site since the building has been vacant. Staff has
included conditions of approval requiring that the parking lot be lit during all hours of darkness
and requiring that the property be maintained in anorderly fashion.
CONCLUSION:
Staff believes that the proposed uniform store would be consistent with the
surrounding commercial and residential uses.The submitted parking analysis justifies the
requested reduction in the number of required parking spaces and demonstrates that there will be
adequate parking for the business.For these reasons, staff recommends approval of the requested
variance.
Prepared by,Submitted by,
Elaine ThienprasiddhiJonathan E. Borrego
Associate PlannerPlanning Services Manager
Attachments:
1.Vicinity and Aerial Maps
2.DraftVarianceResolution
3.Applicant’sLetter of Request
The following attachments were provided to the Planning Commission and are available for public
review at the Planning Departmentat City Hall or on the City of Anaheim’s website at
.
www.anaheim.net/planning
4.Parking Study
5.DevelopmentPlans
6.Site Photographs
ATTACHMENT NO. 1
C-G
RESTAURANT
RM-4
RM-4
RM-4
RM-4
RM-4
C-G
APTS
APTS
APTS
APTS
APTS
T
T
A
AUTO REPAIR/SERVICE
16 DU
8 DU
14 DU
7 DU
7 DU
DUPLEX
SINGLE FAMILY RESID
1
SI
C-G
RETAIL
T
RM-4
RM-4
APTS
RM-4
APTS
FOURPLEX
12 DU
APARTMENTS
8 DU
6 DU
C-G
RETAIL
RS-2
SFR
RS-2
SFR
RS-2
C-G
SINGLE FAMILY RESIDENCE
RETAIL
C-G
RETAIL
C-G
RESTAURANT
RS-2
SINGLE FAMILY RESIDENCE
RS-2
OFFICES
C-G
OFFICES
SINGLE FAMILY RESIDENCE
050100
°
Aerial Photo:
May 2014
Feet
APN: 083-411-12
Subject Property
DEV No. 2014-00079
528 South State College Boulevard
ATTACHMENT NO. 1
050100
°
Aerial Photo:
May 2014
Feet
APN:
083-411-12
Subject Property
DEV No. 2014-00079
528 South State College Boulevard
[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2015-***
A RESOLUTION OFTHE PLANNING COMMISSIONOF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO VARIANCE NO.4065
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00079)
(528 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on July 12, 1990, and subject to certain conditions of approval, the
Zoning Administratorof the City of Anaheim (herein referred to as the "Zoning Administrator")
adopted Decision No. ZA90-46, approvingVariance No. 4065to allow fewer parking spaces
than required to permit a 3,614 square foot addition to an existing furniture store(herein referred
to as the "Original Variance") on that certain realproperty located at 528 South State College
Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A
and incorporated herein by this reference (the "Property"). The conditions of approval which
were the subject of the Original Varianceshall be referred to herein collectively as the "Previous
Conditions of Approval"; and
WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code
("Code"), the applicant filed a petition to amend the Original Varianceto allow fewer parking
spaces than required by the Code for a retail uniform clothing store to be operated in the former
furniture store buildingat the Property(herein referred to as the "Proposed Project"). Said
amendment is designated as Variance No. 4065A; and
WHEREAS, theProperty is approximately 0.5-acrein size and is developed with
an existing retail building. The Property is located in the "C-G"General Commercial Zoneand
the Anaheim General Plan designates the Property for Low-Medium Density Residential land
uses; and
WHEREAS, on January 12, 2015,the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Variance No. 4065A, and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect onthe environment and
is, therefore, categorically exempt from the provisions of CEQA; and
-1-PC2015-***
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence andreports offered at
said hearing with respect to the request toallowfewer parking spaces than required bytheCode
for a retail uniform clothing storeat the Property, has determined that Variance No. 4065A
should be approved for the following reasons:
SECTION NO. 18.42.040.010Minimum number of parking spaces.
(58spaces required; 18spaces proposed)
1.That the variance, under the conditions imposed, 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 based upon the conclusions contained in the parking demand
analysis, dated November 26, 2014, and prepared by Kunzman Associates, Inc.The study
established a parking demand ratio appropriate for a uniformclothing retail store based on
parking counts and two existing locations with similar characteristicsand confirmed that ample
parking will be available for the existing business as the 18parking spaces provided on the
property can accommodate the anticipated peak demand for the use of approximately 13parking
spaces; and
2.That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use because the on-site parking within the property will adequately accommodate the peak
parking demands of the retail uniform clothing store; and
3.That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on-site parking for the retail uniform clothing store will adequately
accommodate peak parking demands of the use; and
4.That the variance, under the conditionsimposed,will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use because the project site
provides adequate ingress and egress points to the property and are designed to allow for
adequate on-site circulation;and
5.That the variance, under the conditionsimposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, thatthe facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence,nor are there other facts,
that detract from the findings made in this Resolution.The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
-2-PC2015-***
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Variance No. 4065A is hereby approved, thereby amending the
Original Variance, which approval is contingent upon and subject to the conditions of approval
described in Exhibit Battached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the safety and general welfare of the citizens of the City ofAnaheim.
BE IT FURTHER RESOLVED that effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated
herein by this reference (the "Revised Conditions of Approval")amend the Previous Conditions
of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All
references to the conditions of approval for the Original Variance CUP and this Variance No.
4065A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B,
which shall control and govern the Original Variance, as amended by Variance No. 4065A.
BE IT FURTHER RESOLVED that extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that,except as otherwise provided under the
Revised Conditions of Approval,this permit is approved without limitations on the duration of
the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition,
or any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
BE IT FURTHER RESOLVED that approval ofVarianceNo. 4065A constitutes
approval of the proposed request only to the extent that it complies with the Code and any other
applicable City, State and Federal regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
-3-PC2015-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commissionof the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on January 12,2015,by the following vote of
the members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
th
IN WITNESS WHEREOF, I have hereunto set my hand this 12day ofJanuary,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4-PC2015-***
-5-PC2015-***
EXHIBIT“B”
VARIANCENO.4065A
(DEV2014-00079)
RESPONSIBLE
NO.CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1Theretail uniform clothing storeshall be operated in Planning Department,
accordance with the Letter of Request and Parking Demand Planning ServicesDivision
Study submitted as part of this application. Any changes to the
business operation as described in that document shall be
subject to review and approval by the Planning Directorto
determine substantial conformance with the Letter of Request
and Parking Demand Study and to ensure compatibility with the
surrounding uses.
2The parking lotand alleyshall be lit during the hours of Planning Department, Code
darkness in order to illuminate and make clearly visible the Enforcement Division
presence of any person on or about the premises.
3The property shall be permanently maintained in an orderly Planning Department, Code
fashion through the provision of regular landscaping Enforcement Division
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
GENERAL CONDITIONS
4The subject Property shall be developed substantially in PlanningDepartment,
accordance with plans and specifications submitted to the Planning Services Division
City of Anaheim by the petitioner and which plans are on file
with the Planning Department,and as conditioned herein.
5The Applicant shall defend, indemnify, and hold harmless
PlanningDepartment,
the City and its officials, officers, employees and agents Planning Services Division
(collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or
proceedingsbrought against Indemnitees to attack, review,
set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto.The Applicant’s indemnification
is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and
costs of suit, claim or litigation, including without limitation
attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
-6-PC2015-***
RESPONSIBLE
NO.CONDITIONS OF APPROVAL
DEPARTMENT
6The applicant is responsible for paying all charges related to PlanningDepartment,
theprocessing of this discretionary case application within Planning Services Division
30 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever
occurs first.Failure to pay all charges shall result in delays
in the issuanceof required permits or may result in the
revocation of the approval of this application.
-7-PC2015-***
ATTACHMENT NO. 3
December 3, 2014
City of Anaheim
Planning Department
200 S Anaheim Boulevard
Anaheim, CA 92805
RE: Proposed Operations
528 S. State College Blvd
Anaheim, CA 92806
To Whom It May Concern:
Kwang Won Park is asking for an amendment to the existing parking variance for the building referenced
above. This amendment would allow for a Uniform Supply Store/Office/Warehouse operation in place of
the former furniture use which vacated the building early this year.
will be a uniform supply store for the applicant, the sixth store he will operate in Southern California.
This store will include a larger warehouse area as it will also serve as a distribution warehouse for
several other stores. The division of space will be as follows:
Uniform supply store +4,000 sf. 2 people (3 people total for the whole day) 10 am to 7 pm
Office 700-1,000 sf. 1 person 10 am to 12 pm
Warehouse +6,000 sf. 1 person (2 people total in and out all day) 10 am to 5 pm
The store personnel are sales people, some full time and some part time. It is possible that some may
double as warehouse personnel depending on how busy the store is. The office person spends a few
hours in the store each day typically going to several stores each day. The warehouse people would
stock inventory as well as deliver product by van to the other stores it serves during the day.
The Anaheim location has 19 parking spaces for almost 11,000 sf. We feel that this parking will be
adequate since this store will have a smaller store area than our other stores while it also has more
parking than several of them. Our Santa Ana location is also around 11,000 sf with a larger store
component, small office and small warehouse but has only ten parking spaces and that is enough.
Our El Monte store is around 8,500 sf, also with a larger store component, but has only eight parking
spaces. Our locations typically do not have a large volume of customers and we believe we will have 16
or more spaces available for customers at any given time for the 4,000 sf uniform store portion of the
building. We feel that is ample parking for our use based on our other locations.
In terms of impact on the neighboring community, the building has been vacant for some time and the
building has been vandalized, broken into and spray painted a number of times. By occupying the
Premises, we will maintain the building and keep it from being vandalized in the future as well as add an
established a business operation to the City of Anaheim.
Sincerely
Kwang Won Park
ATTACHMENT NO. 4
November 26, 2014
Ms. Elaine Thienprasiddhi, Associate Planner
CITY OF ANAHEIM
200 South Anaheim Boulevard, Suite 762
Anaheim, CA 92805
Dear Ms. Thienprasiddhi:
INTRODUCTION
The firm of Kunzman Associates, Inc. is pleased to provide this parking analysis for the proposed project
at 528 South State College Boulevard in the City of Anaheim. The proposed project consists of 10,200
square feet of commercial retail space, proposed to be occupied by a uniform supply store. Pursuant to
the City's parking standards for commercial retail, the project is required to provide 57 parking spaces.
Kunzman Associates, Inc. has been asked to conduct an analysis to determine if the proposed project
will provide adequate parking spaces to meet the anticipated parking demand.
This report summarizes our methodology, analysis, and findings. Although this is a technical report,
every effort has been made to write the report clearly and concisely. To assist the reader with those
terms unique to transportation engineering, a glossary of terms is provided within Appendix A.
PROJECT DESCRIPTION
The proposed project consists of 10,200 square feet of commercial retail space, proposed to be
occupied by a uniform supply store. The project location is shown on Figure 1.
The project is located adjacent to a major transportation corridor, South State College Boulevard, which
offers convenient access to public transportation that could potentially decrease the demand for parking
at the project site.
The project is proposed to provide a total of 19 parking spaces, which equates to 1.64 parking spaces
per thousand square feet. It should be noted that there is an additional 14 on-street parking spaces
along East Virginia Avenue within 150 feet of the site.
SURVEYS AT OTHER LOCATIONS OF PROPOSED UNIFORM SUPPLY STORE
The City of Anaheim provided six locations to survey in Orange and Los Angeles Counties that currently
contain the same business (uniform supply store) as the proposed project. Kunzman Associates, Inc.
1111 Town & Country Road, Suite 34
Orange, California 92868
(714)973-8383
www.traffic-engineer.com
Ms. Elaine Thienprasiddhi, Associate Planner
CITY OF ANAHEIM
November 26, 2014
identified two of the locations that were "stand-alone" and similar in size to the proposed project and
conducted surveys to determine their parking demand.
Survey location one is located at 1101 West Carson Street in the City of Torrance (see Figure 2). This site
currently has a 5,400 square foot building and provides 17 parking spaces.
Survey location two is located at 3162 North Peck Road in the City of El Monte (see Figure 3). This site
currently has a 8,500 square foot building and provides 25 parking spaces.
OCCUPIED PARKING SPACE SURVEY
The information collected from these other similar locations consists of the number of occupied parking
spaces. These similar locations were surveyed on Thursday (November 13, 2014). The parking counts
were conducted by Kunzman Associates, Inc. personnel every 30 minutes, from 30 minutes before the
uniform supply stores opened to 30 minutes after they closed.
As shown in Table 1, survey location one (Torrance) had a surveyed maximum of 8 occupied parking
spaces for their 5,400 square foot building. This results in a maximum occupied parking space per
thousand square feet of 1.48.
As shown in Table 2, survey location two (El Monte) had a surveyed maximum of 8 occupied parking
spaces for their 8,500 square foot building. This results in a maximum occupied parking space per
thousand square feet of 0.94.
In total, the two similar locations had an overall surveyed maximum of 16 occupied parking spaces for a
total of 13,900 square feet. This results in a maximum occupied parking space per thousand square feet
of 1.15.
DEVELOPED PARKING RATE
To account for seasonal and other variations, an overage factor of 10% should be included in the
calculated parking rate. Based on the maximum occupied parking space per thousand square feet
averaged between the two surveyed locations and a with the addition a 10% overage factor, a parking
demand ratio of 1.27 occupied parking spaces per thousand square feet is anticipated.
CITY OF ANAHEIM PARKING CODE
Based on the City of Anaheim parking code (see Appendix B), a total of 57 parking spaces is required for
the proposed project (see Table 3). The City of Anaheim parking code requires 5.5 parking spaces per
thousand square feet for commercial retail spaces under 100,000 square feet.
www.traffic-engineer.com
2
Ms. Elaine Thienprasiddhi, Associate Planner
CITY OF ANAHEIM
November 26, 2014
CONCLUSIONS
1.The proposed project is located at 528 South State College Boulevard in the City of Anaheim. The
proposed project consists of 10,200 square feet of commercial retail space, proposed to be
occupied by a uniform supply store.
2.The project proposes to provide 19 on-site parking spaces.
3.The project is proposed to provide 1.64 parking spaces per thousand square feet.
4.The City of Anaheim provided six similar locations to survey in Orange and Los Angeles Counties
that currently contain the same business (uniform supply store) as the proposed project.
Kunzman Associates, Inc. identified two of the locations that were "stand-alone" and similar in size
to the proposed project and conducted surveys to determine their parking demand.
5.Based on the surveyed maximum occupied parking space per thousand square feet averaged
between the two surveyed locations and a with the addition a 10% overage factor, a parking
demand ratio of 1.27 occupied parking spaces per thousand square feet is anticipated.
6.Based on the City of Anaheim parking code, a total of 57 parking spaces is required. The City of
Anaheim parking code requires 5.5 parking spaces per thousand square feet for commercial retail
spaces under 100,000 square feet.
7.The project site should provide a minimum of 1.27 parking spaces per thousand square feet and it
is projected to provide 1.64 parking spaces per thousand square feet. The project is projected to
provide adequate parking spaces.
It has been a pleasure to service your needs on this project. Should you have any questions or if we can
be of further assistance, please do not hesitate to call at (714) 973-8383.
Sincerely,
KUNZMAN ASSOCIATES , INC. KUNZMAN ASSOCIATES, INC.
Chris Pylant William Kunzman, P.E.
Associate Principal
#5855
www.traffic-engineer.com
3
Table 1
1101 West Carson Street Parking Count
Thursday (November 13, 2014)
Number of Parked Percentage of Occupied
Time PeriodVehicles Parking Spaces
Parking Spaces Provided17
9:30 AM-10:00 AM212%
10:00 AM-10:30 AM424%
10:30 AM-11:00 AM529%
11:00 AM-11:30 AM212%
11:30 AM-12:00:00 NOON212%
12:00:00 NOON-12:30 PM212%
12:30 PM-1:00 PM529%
1:00 PM-1:30 PM529%
1:30 PM-2:00 PM318%
2:00 PM-2:30 PM424%
2:30 PM-3:00 PM318%
3:00 PM-3:30 PM318%
3:30 PM-4:00 PM424%
4:00 PM-4:30 PM424%
4:30 PM-5:00 PM847%
5:00 PM-5:30 PM529%
5:30 PM-6:00 PM424%
6:00 PM6:30 PM318%
6:30 PM7:00 PM212%
7:00 PM-7:30 PM212%
8 = Maximum number of occupied parking spaces - 8 vehicles from 4:30 PM - 5:00 PM
4
Table 2
3162 North Peck Road Parking Count
Thursday (November 13, 2014)
Number of Parked Percentage of Occupied
Time PeriodVehicles Parking Spaces
Parking Spaces Provided25
9:30 AM-10:00 AM14%
10:00 AM-10:30 AM416%
10:30 AM-11:00 AM624%
11:00 AM-11:30 AM416%
11:30 AM-12:00:00 NOON312%
12:00:00 NOON-12:30 PM520%
12:30 PM-1:00 PM416%
1:00 PM-1:30 PM520%
1:30 PM-2:00 PM416%
2:00 PM-2:30 PM416%
2:30 PM-3:00 PM520%
3:00 PM-3:30 PM312%
3:30 PM-4:00 PM832%
4:00 PM-4:30 PM520%
4:30 PM-5:00 PM624%
5:00 PM-5:30 PM312%
5:30 PM-6:00 PM520%
6:00 PM-6:30 PM312%
6:30 PM-7:00 PM312%
7:00 PM-7:30 PM28%
8 = Maximum number of occupied parking spaces - 8 vehicles from 3:30 PM - 4:00 PM
5
Table 3
Parking Spaces Required By City of Anaheim Parking Code
Parking Code
1
Land UseQuantityUnitsParking CodeRequirement
Commercial Retail 10.200TSF5.5 parking spaces per 1,000 square feet57
1
TSF = Thousand Square Feet
6
APPENDIX A
GLOSSARY OF TRANSPORTATION TERMS
GLOSSARY OF TRANSPORTATION TERMS
COMMON ABBREVIATIONS
AC: Acres
ADT: Average Daily Traffic
Caltrans: California Department of Transportation
DU: Dwelling Unit
ICU: Intersection Capacity Utilization
LOS: Level of Service
TSF: Thousand Square Feet
V/C: Volume/Capacity
VMT: Vehicle Miles Traveled
TERMS
AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of
days in a year. Usually only weekdays are included.
BANDWIDTH: The number of seconds of green time available for through traffic in a
signal progression.
BOTTLENECK: A constriction along a travelway that limits the amount of traffic that
can proceed downstream from its location.
CAPACITY: The maximum number of vehicles that can be reasonably expected to pass
over a given section of a lane or a roadway in a given time period.
CHANNELIZATION: The separation or regulation of conflicting traffic movements into
definite paths of travel by the use of pavement markings, raised islands, or other
suitable means to facilitate the safe and orderly movements of both vehicles and
pedestrians.
CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after
the end of a yellow, then that is also added into the clearance interval.
CORDON: An imaginary line around an area across which vehicles, persons, or other
items are counted (in and out).
CYCLE LENGTH: The time period in seconds required for one complete signal cycle.
CUL-DE-SAC STREET: A local street open at one end only, and with special provisions
for turning around.
DAILY CAPACITY: The daily volume of traffic that will result in a volume during the
peak hour equal to the capacity of the roadway.
DELAY: The time consumed while traffic is impeded in its movement by some element
over which it has no control, usually expressed in seconds per vehicle.
DEMAND RESPONSIVE SIGNAL: Same as traffic-actuated signal.
DENSITY: The number of vehicles occupying in a unit length of the through traffic
lanes of a roadway at any given instant. Usually expressed in vehicles per mile.
DETECTOR: A device that responds to a physical stimulus and transmits a resulting
impulse to the signal controller.
DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such
as curvature, superelevation, and sight distance (upon which the safe operation of
vehicles is dependent) are correlated to design speed.
DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time.
DIVERSION: The rerouting of peak hour traffic to avoid congestion.
FORCED FLOW: Opposite of free flow.
FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and
travel is unimpeded by other traffic.
GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to
front bumper.
HEADWAY: Time or distance spacing between successive vehicles in a traffic stream,
front bumper to front bumper.
INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to
achieve signal progression.
LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed
and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort
and convenience, and operating costs.
LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the
roadway, energized by alternating current and producing an output circuit closure
when passed over by a vehicle.
MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in
a traffic stream into which another vehicle is willing and able to cross or merge.
MULTI-MODAL: More than one mode; such as automobile, bus transit, rail rapid
transit, and bicycle transportation modes.
OFFSET: The time interval in seconds between the beginning of green at one
intersection and the beginning of green at an adjacent intersection.
PLATOON: A closely grouped component of traffic that is composed of several
vehicles moving, or standing ready to move, with clear spaces ahead and behind.
ORIGIN-DESTINATION SURVEY: A survey to determine the point of origin and the
point of destination for a given vehicle trip.
PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A
truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to
start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car
Equivalent than empty trucks.
PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles.
PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a
predetermined time schedule without regard to traffic conditions. Also, fixed time
signal.
PROGRESSION: A term used to describe the progressive movement of traffic through
several signalized intersections.
SCREEN-LINE: An imaginary line or physical feature across which all trips are counted,
normally to verify the validity of mathematical traffic models.
SIGNAL CYCLE: The time period in seconds required for one complete sequence of
signal indications.
SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic
movements.
STARTING DELAY: The delay experienced in initiating the movement of queued traffic
from a stop to an average running speed through a signalized intersection.
TRAFFIC-ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go
in accordance with the demands of traffic, as registered by the actuation of detectors.
TRIP: The movement of a person or vehicle from one location (origin) to another
(destination). For example, from home to store to home is two trips, not one.
TRIP-END: One end of a trip at either the origin or destination; i.e. each trip has two
trip-ends. A trip-end occurs when a person, object, or message is transferred to or
from a vehicle.
TRIP GENERATION RATE: The quantity of trips produced and/or attracted by a specific
land use stated in terms of units such as per dwelling, per acre, and per 1,000 square
feet of floor space.
TRUCK: A vehicle having dual tires on one or more axles, or having more than two
axles.
UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily
basis, most facilities have balanced flow. During the peak hours, flow is seldom
balanced in an urban area.
VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of
highway, obtained by multiplying the average daily traffic by length of facility in miles.
APPENDIX B
CITY OF ANAHEIM PARKING CODE
ATTACHMENT NO. 6
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO.4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY12, 2015
SUBJECT:CONDITIONAL USE PERMIT NO. 3919AAND
VARIANCE NO. 2014-04995
LOCATION:
8200 East Crystal Drive(J Star Motors)
APPLICANT/PROPERTY OWNER
:The applicant and property owner is Jared
Merrell with J Star Auto Group, Inc., and the agent representing the property owner is
Matthew Cunningham.
REQUEST:
The applicant is requesting an amendment to a conditional use permitto
expand an existing automobile dealership.The applicant is also requesting approval
of a variance to allow more wall signs than allowed by the Zoning Code.
RECOMMENDATION
:Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt from
further environmental review under the California Environmental Quality Act (Class
3,New Construction or Conversion of Small Structures), and approving Conditional
Use Permit No. 3919Aand Variance No. 2014-04995.
BACKGROUND:
This 2.2-acre property is developed with anautomobile
dealership. The property is located in theGeneral Commercial(C-G)andScenic
Corridor Overlay(SC Overlay)zone. The General Plan designates this property for
General Commercial land uses. The property is surrounded by an automobile
dealership to the south, retail use to the west, an animal hospital to the east, and the
Santa Ana River to the north.
Conditional Use Permit No. 3919,establishingan automobile dealershipat this
location,wasapproved by the Planning Commissionin 1997.This entitlementalso
included a variancepermittingfreestanding, directional, and wall signsgreater than
allowed by the Zoning Codewhere one sign was allowed and five signs were
approved (consisting of twobusiness identification signs and three directional signs).
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995
January12, 2015
Page 2of 4
PROPOSAL:
The applicant proposes to expand anexisting 15,938 square foot automobile
dealership building with an 8,735square foot,2-story addition consisting of auto display area on
the first floor and and office spaceon the second floor.The proposed building height is 35 feet;
Code permits a maximum building height of 35 feet in the SC Overlay zone. New roof equipment
would be installed on top of the second floor and the equipment would be screened with a new five
foot high parapet wall. No changes are proposed to the remainder of the building which contains a
service/repair area, auto display areas, offices, and a rooftop parking deck.The westerly parking
lot wouldbe reconfigured to accommodate an outdoor automotive display area. The building
expansion and renovation will include the refurbishment of existing landscape areas and a
substantial renovation of the existing commercial building. No changes are proposed to the
parking areason the north, east, and south sides of the building. The facility will include the sale
and repair for four separateauto dealerships,J-Star, Alpha Romeo, Maserati and Fiat, within the
same building.
The applicant proposes to install the following wall and monument signs:
Sign TypeMax. No.Allowed Proposed Signs
by Code
WallNorth00
East03
South12
West14
Total2*9
Freestanding One per street One on Pullman Street
MonumentfrontageOne on Savi Ranch Parkway
*Code permits amaximum of two wall signs for a tenant unit where said signs are located on parallel
walls of the unit on opposite sides of the building, or on two adjacent walls if the unit is the corner unit
closest to and fronting on two local streets. Only one sign may be permitted per wall.
ANALYSIS:
The following is staff’s analysis of the requested entitlements.
Amendment to the Conditional Use Permit:The Zoning Code permits automobile sales and repair
facilitiesin the C-GandSC Overlay zones, subject to approval of a conditional use permit. Since
the proposed expansion represents a substantial modificationto the previously-approved site plan, a
public hearing is requiredto consider the request.
The primary natureof the business will not change as a result of the additional building area.The
additionwill be used for auto salesofficesand display areas only. Anautomobiledealership has
been operating at this location for manyyears without impacting adjacent properties. The property
is well maintained and there are no pending Code Enforcement violations. Thearchitectural design
of the new building renovation wouldcomplement the surrounding retail businesses in the area.
CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995
January12, 2015
Page 3of 4
The parking requirement for the expanded automobile dealershipis 94 spaces and 193 spaces are
proposed. Thesespaces would consist of 95 customer/employee spaces and 98 display spaces.The
display spaces would not count as required parking spaces. There is more than adequate parking
provided for all auto uses combined onthe site.Therefore, staff believes that the addition to the
auto dealership building would continue to becompatible with the surrounding land uses.
Roof-Mounted Equipment:The Zoning Code also requires approval of a conditional use permit for
all roof-mounted equipment in the SC Overlay zonein order to preserve scenic views within the hill
and canyon area of the City.The building would be constructed with a five foot high parapet wall
that would screen the roof-mounted equipment from view of all adjacent streets, including the
elevated Yorba Linda Boulevard and the SR-91 Freeway, as required by the Zoning Code. With the
proposed screening, the proposed roof-mounted equipment would not detract from the visual
character of the Scenic Corridor and would be compatible with the surrounding commercial land
uses.
Sign Variance:The Zoning Code permits a total of twowall signs (one each on the westand south
elevations, or one each on the north and south elevations, as described in the table above)for this
automobiledealership facility.The applicant proposes to install nine wall signs (fouron the west
building elevation,three on the east elevation andtwo on the south elevation).The two proposed
monument signs are in compliance with the Zoning Code.
The automobile dealership requires more signsthan permitted by code because of the unique nature
of the business which representsfour distinct automobile dealerships;Maserati, Fiat, Alfa Romeo,
and J-Star Motors. A number of physical characteristicsunique to this propertycreate a hardship
that generally does not apply to other properties or classes of use in the same vicinity or zone.
These physical characteristics includethe lack of visibility to the closest arterial highway(Weir
Canyon Road/Yorba Linda Boulevard) and the SR-91 freeway. This is primarily due to the fact
that the property is located significantlylower than the grade of the adjacent major roadways; the
orientation of the building which facesaway from the closest arterialhighway; and, the narrow
width of the propertywhich resultsin a long, narrow building.In addition, a variance was granted
for more wall signs than permitted by Code for the adjacent automobile dealership to the south
where one sign was permitted and nine signs were approved.A variance was also granted for more
wall signs than permitted by Code for the adjacent Home Depot site to the west (originally
approved for the Super K Mart store) where one wall sign was permitted and five signs were
approved. Therefore, strict application of the Code would deprive the subject property of privileges
enjoyed by other properties in the vicinity.Lastly, the proposed aggregate wall sign area for each
building elevation (43square feet for the south elevation and 99-115square feet for the east and
west elevations) complies with the Code. Staff believes the proposedwall signs would be in scale
with the building and would not result in the appearance of excessive signage; therefore, staff
recommends approval of this variance request.
CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995
January12, 2015
Page 4of 4
CONCLUSION:
The proposed amendment to the conditional use permit is compatible with the
surrounding land uses and the parking would be adequate to accommodate the proposed use.The
wall sign variance can be justified because of the property’s unique orientation and difficult access
and also because wall sign variances have been granted for other businesses in the vicinitydue to
similar topographical site constraints. Staff recommends approval of this request.
Prepared by,Submitted by,
David SeeJonathan E. Borrego
Senior PlannerPlanning Services Manager
Attachments:
1.Vicinity and Aerial Maps
2.Draft Conditional Use Permit and Variance Resolution
3.Applicant’s Letter of Request
The following attachments were provided to the Planning Commission and are available for public review at
the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning.
4.Photographs
5.Site, Sign,andFloor Plans
ATTACHMENT NO. 1
C-G (SC)
YORBA REGIONAL PARK
T (SC)
SANTA ANA RIVER
C-G (SC)
VETERINARY CLINIC
C-G (SC)
AUTO DEALERSHIP
C-G (SC)
AUTO DEALERSHIP
C-G (SC)
SERVICE STATION
C-G (SC)
HOME DEPOT
T (SC)
SUBSTATION
C-G (SC)
T (SC)
SELF STORAGE FACILITY
VACANT
050100
°
Aerial Photo:
May 2014
Feet
APN: 352-222-01
Subject Property
DEV No. 2014-00086
8200 East Crystal Drive
ATTACHMENT NO. 1
050100
°
Aerial Photo:
May 2014
Feet
APN:
352-222-01
Subject Property
DEV No. 2014-00086
8200 East Crystal Drive
[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2015-***
A RESOLUTION OFTHE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVINGAN AMENDMENT TO
CONDITIONAL USE PERMIT NO.3919,ANDAPPROVING VARIANCE NO. 2014-04995
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00086)
(8200EAST CRYSTAL DRIVE)
WHEREAS, on March 17, 1997, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim(the "Planning Commission"), by its Resolution
No. PC97-30, approved Conditional Use Permit No. 3919(herein referred to as the "Original
CUP") to permit a15,050 square foot, two level, automobile sales and service facility with
accesory parts sales, an interior showroom, 11 service bays, roof-mounted equipment, and
outdoor and second level display/storage areas with waivers of permitted freestanding and wall
signs at 8200 East Crystal Drivein the City of Anaheim, County of Orange, State of California,
which is generally depicted on the map attached hereto as Exhibit Aand incorporated herein by
this reference (the "Property"); and
WHEREAS, on February 17, 1999, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC99-30, approved an amendment to Conditional
Use Permit No. 3919to add a new condition and amend certain conditions of approval that were a
part of the Original CUP to permit sign plan revisions and waivers of permitted freestanding signs
and directional signs(herein referred to as the "1999 Amendment"); and
WHEREAS, the Original CUP and the 1999 Amendment shall be referred to herein
collectively as the "CUP". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the 1999 Amendment, shall be referred to herein collectively
as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to (i) amend the
CUP to permit the expansion of an existing automobile dealership at the Property, and (ii)
approveVariance No. 2014-04995 to allow more wall signs than allowed by the Zoning Code
("Proposed Project"), pursuant to Section 18.60.190(Amendment of Permit Approval) of the
Anaheim Municipal Code (“Code”). Said amendment to the CUP is designated herein as
Conditional Use Permit No. 3919A; and
WHEREAS, the Property is currently developed with an automobile dealership facility.
The Property is located in the “C-G” General Commercial Zone and is subject to the zoning and
development standards contained in Chapter 18.08 (Commercial Zones) of the Code. The
Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the
regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply
to the Property and shall supersede any inconsistent regulations of the "C-G" General
Commercial Zone. The Anaheim General Plan designates this Property for General Commercial
land uses;and
-1-PC2015-***
WHEREAS,pursuant to the California EnvironmentalQuality Act (Public Resources
Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Codeof Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS,the Planning Commission finds and determines that the Proposed Project is
within that class of projects,which consist of, among other things, the construction and location
of limited numbers of new, small facilities or structures. Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines provides examples of projects
that qualify for an exemption from the provisions of CEQA. The one example that is applicable
to the Proposed Project is for "up to four… commercial buildings [such as a store, motel, office,
restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for
such use if not involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive." The Proposed Project meets the criteria of Section 15303 of the
State CEQA Guidelines and, therefore, pursuant to said Section 15303, will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 12, 2015at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence and testimony for and against the
Proposed Projectand to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following factswith respect to Conditional Use Permit
No. 3919A:
1.Therequest to permit the Proposed Project is an allowable use within the C-G
Commercial Zone undersubsection .010 of Section18.08of the Codeprovided that a conditional
use permit is approved; and
2.The Proposed Projectwould not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located. The primary natureof
the business will not change as a result of the additional building area. The building expansion
and renovation will include the refurbishment of existing landscape areas and a substantial
renovation of the existing commercial buildingthat will complement the surrounding retail
businesses in the area. Lastly, the parapet wall will adequatelyscreen the proposed roof
equipment from view of all adjacent streets; and
3.The size and shape of the site is adequate to allow the full development of the
Proposed Project, in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the parking, traffic, and circulation without creating
detrimental effects on adjacent properties; and
-2-PC2015-***
4.The traffic generated by the Proposed Projectwill not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
Proposed Projecthas been designed to accommodate the required parking, vehicular circulation,
and trash collection; and
5.The granting of Conditional Use Permit No. 3919Aunder the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area, subject to compliance with the
conditions contained herein.
6.Thescreening of the roof-mounted equipment, under the conditions imposed,
complies with the building and structural height limitations of Subsection .020 of Section
18.18.090 of the Code.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance in conjunction with the Proposed Project should be approved for the following
reasons:
SECTION NO. 18.44.110.0101Maximum Number of Wall Signs.
(Two signs permitted;ninesigns proposed)
1.That the strict application of the Code would deprive the subject property of
privileges enjoyed by other properties in the vicinity becausewall sign variances have been
granted for other businesses in the vicinity; more specifically,a wall sign variance was granted
for the adjacent automobile dealership to the south where one sign was permitted and nine were
approved. In addition,a wall sign variance was granted forthe adjacent Home Depot storeto the
west where one wall sign was permitted and five signs were approved.
2.That there are special circumstances applicable to the Property which do not apply
to identical zoned properties in the vicinity becauseanumber of physical characteristics unique
to this property create a hardship that generally does not apply to other properties in the same
vicinity. These physical characteristics include the lack of visibility to the closest arterial
highway (Weir Canyon Road/Yorba Linda Boulevard) and the SR-91 freeway;the property is
located significantly lower than the grade of theadjacent major roadways; the orientation of the
building faces away from the closest arterial highway; and, the narrow width of the property
results in a long, narrow building.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it consideredall evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons
hereinabove stated, that Conditional Use Permit No. 3919Aand Variance No. 2014-04995are
hereby approved, thereby amending the CUP and permitting more wall signs than permitted by
the Zoning Code for the Proposed Project.
-3-PC2015-***
BE IT FURTHER RESOLVED that,effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated
herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions
of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All
references to the conditions of approval for the CUP and Conditional Use Permit No. 3919A
shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which
shall control and govern the CUP, as amended by Conditional Use Permit No. 3919A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 3919Aand Variance No. 2014-04995in order to
preserve the health, safety and general welfare of the citizens of the Cityof Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the useor approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processedin accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of
the proposed request only to the extent that itcomplies with the Codeand any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures)of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN,PLANNING COMMISSION
OF THECITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4-PC2015-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 12, 2015, by the followingvote of the
members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
th
IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-5-PC2015-***
-6-PC2015-***
EXHIBIT“B”
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3919AND
VARIANCE NO. 2014-04995
(DEV2014-00086)
RESPONSIBLE
NO.CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
All backflow equipment shall be located above ground outside of the
1Public Utilities, Water
street setback area ina manner fully screened from all public streetsand
Engineering
alleys.Any backflow assemblies currentlyinstalled in a vault will have
to be brought up tocurrent standards. Any other large water system
equipment shall be installed to the satisfaction ofthe Water Engineering
Division outside of thestreet setback area in a manner fully screened
from all public streets and alleys. Saidinformation shall be specifically
shown on plansand approved by Water Engineering and Cross
Connection Control Inspector.
GENERAL
The subject Property shall be developed substantially in accordance with
2Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
No vehicles shall be parked and/or displayed in required landscaped
3Planning Department,
setback areas.
Code Enforcement
Division
Any Graffiti painted or marked upon the premises or on any adjacent
4Planning Department,
area under the control of the licensee shall be removed or painted over
Code Enforcement
within 24 hours of being applied.
Division
Trash storage areas shall be provided and maintained in a location
5Public Works
acceptable to the Public Works Department, Streets and Sanitation Division
Department, Streets and
and in accordance with approved plans on file with said Department. Said
Sanitation Division
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 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Saidinformation shall be
specifically shown on the plans submitted for building permits.
Vehicle gates shall not be installed across the project driveway or access
6Public Works, Traffic
roads without providing a vehicle turnaround area.
Engineering
-7-PC2015-***
RESPONSIBLE
NO.CONDITIONS OF APPROVAL
DEPARTMENT
7Conditions of approval related to each of the timing milestones above shall Planning Department,
be prominently displayed on plans submitted for permits. For example, Planning Services
conditions of approval that are required to be complied with prior to the Division
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
8The applicant is responsible for paying all charges related to the Planning Department,
processing of this discretionary case application within 30 days of the Planning Services
issuance of the final invoice or prior to the issuance of building permits Division
for this project, whichever occurs first.Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
The Applicant shall defend, indemnify, and hold harmless the City and
9Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as “Indemnitees”) from any and all claims,
Division
actions or proceedingsbrought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto.The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
All screening and paint for the roof-mounted equipment shall be retained
10Planning Department,
and maintained in accordance with the plans and specifications submitted
Planning Services
to the City of Anaheim by the applicant and on file with the Planning
Division
Department and shall be kept in good condition and in compliance with
the provisions of subparagraphs .01 through .05 of paragraph .0202 of
Subsection .020 of Section 18.18.090 of the Anaheim Municipal Code.
-8-PC2015-***
ATTACHMENT NO. 3
ATTACHMENT NO. 4
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO.5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY12, 2015
SUBJECT:CONDITIONAL USE PERMIT NO. 2014-05765AND
VARIANCE NO. 2014-04998
LOCATION:
8285East Santa Ana Canyon Road, Unit No. 130(PaintUR Way)
APPLICANT/PROPERTY OWNER:
The applicant isAmelia Huckabeeandthe
property ownerisRichard B. Taylor Trust.
REQUEST:
The applicant is requesting approval of a conditional use permittoallow
the sales and service of beer and wine in conjunction withan instructional art studio.
The applicant is also requesting approval of a variance to allowfewer parking spaces
than required by the Zoning Code.
RECOMMENDATION:
Staff recommends the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt under the
California Environmental Quality Act(Class 1, Existing Facilities) and approving
Conditional Use Permit No. 2014-05765andVariance No. 2014-04998.
BACKGROUND:
This 1.6-acrepropertyis developed with a commercial center.
The property is located in the General Commercial (C-G)zone and Scenic Corridor
(SC)Overlay Zone. The General Plan designates this property for General
Commercial land uses. The property is surrounded by commercial uses to the west,a
service station to the north, an office building to the east across Weir Canyon Road,
and a fast food restaurant to the south.
PROPOSAL:
The applicant proposes to establish an instructionalart studio with the
sales and service of beer and wine with fewer parking spaces than required by the
Zoning Code. The use would accommodateup to 42adult students, an art instructor,
an office manager and a classroom assistant. The two-hour classes are intended to
guide patrons through an instructional but entertainment-based art class. The proposed
hours of operation are Monday through Saturday with classes offered from 9:00 a.m. to
11:00 a.m., 3:00 p.m. to 5:00 p.m., and 7:00 p.m. to 9:00 p.m.Beer and wine would be
offered for sale during all sessions.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2014-05765AND VARIANCE NO. 2014-04998
January 12,2015
Page 2of 3
ANALYSIS:
The following is staff’s analysis of the project:
Conditional Use Permit:The Zoning Code requires a conditional use permit to authorize the
sale of beer and wine in conjunction with commercial businesses in order to ensure
compatibility withsurrounding land uses. A determination of public convenience or necessity
is not required for theservice ofbeer and winein this type of business. The proposed
instructional art studiois within a commercial center that contains office uses,restaurants and
othercommercial and retail businesses. The State Department of Alcoholic Beverage Control
(ABC) bases the number of permitted alcohol licenses on the population within the census
tractin which the subject property is located.This property is located within Census Tract
No. 219.05which has a population of 5,485residents. This census tract allows for sixon-sale
licenses.Presently,there are sixlicenses within the census tract. This would be the seventh
on-sale license. The census tract also allows for threeoff-sale licenses.Currently,there are
three licenses in the tract.Within this commercial center, there currently exists one restaurant
with an on-sale beer and wine license and a liquor store with an off-sale alcohol license. The
remaining existing alcohol licenses in this tract are located within The Festival regional
shopping center located to the southwest, across Santa Ana Canyon Road.
The location is within Police Reporting District No. 1244which has a crime rate of 32percent
above thecitywide average; however,the crime rate within ¼ mile of this property is below
the citywide average based upon calls for service. Within the last year, calls for service within
the ¼ mile radius consisted of8petty theftsand4drunkin public.There have been sixcalls
for service to this commercial centerin the last year.Police Department staff considers thisto
be an extremely low number of calls for a commercial center of this size.The center has
operated successfully with on-sale beer and wine and theoff-sale of alcoholicbeverages from
a liquor store without generating excessive demand for city services or causing negative
impacts to the surrounding area. There are no outstanding Code Enforcement violations
associated with the subject property. Staff conducted an inspection of the property and found
it to be well maintained. Staff believes the sale of beer and wine would be compatible with
the surrounding area because this is a predominantly commercial location consisting of mix of
commercialand officeuses.Conditions of approval to help ensure that the business is
operated in a responsible manner have been attached to the draft resolution. These conditions
include a prohibition on any exterior advertising of alcoholic beverages and require ABC
LEAD (Licensee Education on Alcohol and Drugs) training for employees.
CONDITIONAL USE PERMIT NO. 2014-05765AND VARIANCE NO. 2014-04998
January 12,2015
Page 3of 3
Parking Variance:The Zoning Code requires 34 parking spaces for this use based on the total
number of students. Atotal of 154spaces are required for all uses on the site and 104parking
spacesare provided.The anticipated peak parking demand for the art studio would typically
occur on Saturdayeveningsat 6:45p.m.Therewould be no overlap in parking demand for
the art studioclasses because there would be at least two hoursbetween classes.The
applicant submitted a parking justification letter which indicates that peak parking demand for
the commercial centeroccurs at the same time as the peak parking demand for the proposed
use on Saturday evenings. However, based on the parking count documented by the applicant
th
on December 20 and 29, 2014 during peak demand periodson Saturdays beginning at 6:30
p.m. until 7:15 p.m.,adequate parking remains available for all uses.A maximum of 43 cars
were observed on the site during this time frameleaving 61 available parking spaces, which is
27 spaces more than needed for the use.Conditions of approval pertaining to hours of
operation and limiting the maximum number of class participants to 42 have been included in
the attached resolution.Based upon the proposed operations of the business and the limited
class sizes, staff believes the parking spaces available on-site are adequate to accommodate
the parking demands of theproposed and existinguses.
CONCLUSION:
The sale of beer and wine for on-premisesconsumption is consistent with
the operational characteristics of the commercial center and would provide a community
amenity unique to the area. Staff believes parking is sufficient for all uses on the site and
recommends approval of this request subject to recommended conditions of approval
contained in the attached draft resolution.
Prepared by,Submittedby,
Vanessa NorwoodJonathan E. Borrego
Associate PlannerPlanning Services Manager
Attachments:
1.Vicinity and Aerial Maps
2.Draft Conditional Use Permit and Variance Resolution
3.Applicant’s Lettersof Operation and CUP Justification
4.Applicant’s Parking Justification Letter
5.Police Department Memorandum
The following attachments were providedto the Planning Commission and are available for public
review at the Planning Departmentat City Hall or on the City of Anaheim’s web site at
www.anaheim.net/planning.
6.Site and Floor Plans
7.Site Photographs
ATTACHMENT NO. 1
(SC)
OFFICES
C-G (SC)
OFFICES
C-G (SC)
C-G (SC)
OFFICES
SERVICE STATION
C-G (SC)
RETAIL
C-G (SC)
RETAIL
C-G (SC)
RETAIL
RM-2 (SC)
OPEN SPACE
O-L (SC)
O-L (SC)
O-L (SC)
OFFICES
POST OFFICE
OFFICES
050100
°
Aerial Photo:
May 2014
Feet
APN: 354-082-07
Subject Property
DEV No. 2014-00102
8285 East Santa Ana Canyon Road Unit 130
ATTACHMENT NO. 1
050100
°
Aerial Photo:
May 2014
Feet
APN:
354-082-07
Subject Property
DEV No. 2014-00102
8285 East Santa Ana Canyon Road Unit 130
[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2015-***
A RESOLUTION OF THE PLANNING COMMISSIONOF THE
CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO.2014-05765AND
VARIANCE NO. 2014-04998AND MAKINGCERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014-00102)
(8285 EAST SANTA ANA CANYON ROAD, UNIT 130)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the “Planning Commission”) did receive a verified petition for Conditional Use Permit No.
2014-05765to permit an instructional art studio with on-site sales and service of beer and wine
andVariance No. 2014-04998to permit fewer off-street parking spaces than required by the
Zoning Code(herein referred to collectively as the "Proposed Project") for premises known as
Unit 130 located within a commercial centerat 8285 East Santa Ana Canyon Roadin the City of
Anaheim, County of Orange, State of California, which commercial center isgenerally depicted
on the map attached hereto as Exhibit Aand incorporated herein by this reference (the
“Property”); and
WHEREAS, the Property, consisting of approximately 1.6acres, is developed with a
commercialcenter with office and retail uses.The Anaheim General Plan designates the
Property for General Commercial land uses. The Property is located in the “C-G” General
Commercial Zone, meaning that the Property is subject to the zoning and development standards
described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code(the "Code").
The Property is also located within the Scenic Corridor (SC)Overlay Zone, meaning that the
regulations contained in Chapter 18.18(Scenic CorridorCorridor (SC) Overlay Zone) of the
Code shall apply to the Property in addition to and where inconsistent with the “CG” General
Commercial Zone shall supersede any inconsistent regulations of the “CG” General Commercial
Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 12, 2015at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2014-05765 and Variance No. 2014-04998, and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the Proposed Project is within that class of projects (i.e.,
Class 1 –Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use
beyond that existing at the time of this determination, and that, therefore, pursuant to Section
15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
-1-PC2015-***
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2014-05765, does find
and determine the following facts:
1.The request for aconditional use permit to permit an instructional art studio with
theon-sitesale of beer and wineis properly one for which a conditional use
permit is authorized, subject to the imposition of conditions of approval.
2.The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area
because the Property is developed with a commercial centerand is surrounded by
other retail and officeuses.
3.The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare.
4.The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
because an instructionalart studiois within a class of uses already anticipated and
analyzed for traffic generation on these streets and highways.
5.The granting of Conditional Use Permit No. 2014-05765under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City
of Anaheim and will provide a land use that is compatible with the surrounding
area.
WHEREAS, based upon the parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for VarianceNo.
2014-04998 to permitless parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010Minimum number of parking spaces.
(154 spaces required; 104 spaces proposed)
1.That the variance, under the conditions imposed, 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 ofsuch use.A parking justification letter was prepared by the applicant,
determining that the current number of parking spaces within the commercial center is sufficient
to accommodate the uses on the site,including the instructional art studio.Additionally, since
the instructional art studiowould have off-setting peak hours from the retail tenants,parking
would be adequate to accommodate the full parking demands for the commercial center;
-2-PC2015-***
2.That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use because the on-site parking will adequately accommodate the peak parking demands of the
proposed instructional art studioalongwith the demand for parking associated with the other
uses within the commercial center;
3.That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on-site parking for the instructional art studio,along with the demand
for parking associated with the other uses within the commercial center,will adequately
accommodate peak parking demands;
4.That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulationthat will accommodate both the proposed use and the other uses
within the commercial center; and
5.That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation that will accommodate both the proposed use and
the other uses within the commercial centerand, therefore, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
commercialcenter.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the publichearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution.The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 2014-05765and Variance No.
2014-04998are hereby approved, contingent upon and subject to theconditions of approval
described in Exhibit Battached hereto, are hereby found to be a necessary prerequisite to the
proposed use of the Property underConditional Use Permit No. 2014-05765 and Variance No.
2014-04998in order to preserve the health, safety and general welfare of the citizens of the City
of Anaheim. Extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the condition, (ii)
the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
-3-PC2015-***
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permitmay be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that itcomplies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January12, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4-PC2015-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commissionof the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheimheld on January 12, 2015, by the following vote of the
members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
th
IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-5-PC2015-***
-6-PC2015-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05765 AND
VARIANCE NO. 2014-04998
(DEV2014-00102)
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
OPERATIONAL CONDITIONS
1.
The business shall be operated in accordance with the Letter of Planning
Request submitted as part of this application. Any changes to the Department,
business operation as described in that document shall be subject to Planning Services
review and approval by the Planning Director to determine Division,
substantial conformance with the Letter of Request and to ensure
Code Enforcement
compatibility with the surrounding uses.This locationshall not be
Division
operated as a bar or nightclub.
Police Department
2.
The number of students in attendance of theinstruction art classes Planning
shall not exceed 42 persons.Department, Code
Enforcement
Division
3.
Planning
All activities related to the use shall occur indoors, except as may be
Department,
permitted by an authorized Special Event Permit.
Code Enforcement
Division
4.
Any graffiti painted or marked upon the premises or on any adjacent Planning
area under the control of the business owner shall be removed or Department, Code
painted over within 24 hours of being applied.Enforcement
Division
5.
Securitymeasures shall be provided to the satisfaction of the Police Department,
Anaheim Police Department to deter unlawful conduct of employees Planning &
and patrons, promote the safe and orderly assembly and movement Research Unit
of persons and vehicles.
6.
The applicant shall complete a Burglary/Robbery Alarm Permit Police Department,
application, Form APD 516, and return it to the Police Department Planning &
prior to initial alarm activation. This form is available at the Police Research Unit
Department front counter, or it can be emailed to applicant by
contacting Officer Budds at mbudds@anaheim.net.
7.Managers, owners, and wait staff shall coordinate withthe Department
Police Department,
of Alcoholic Beverage Control and obtain LEAD (Licensee Education
Planning &
on Alcohol and Drugs Program) Training. The contact number is 714-
Research Unit
558-4101.
-7-PC2015-***
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
8.
No display of beer, wine, and/or distilled spirits shall be located
outside of the building or within five (5) feet of any public entrance
Police Department
to said building.
9.The sale of beerandwinefor consumption off the premises shall be
Police Department
prohibited.
10.There shall be no requirement to purchase a minimum number of
Police Department
drinks.
11.The business shall not employ or permit any pesons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
Police Department
licensed premises under any commission, percentage, salary, or other
profit-sharing plan, shceme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act).
12.There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting or
indicating the availability of beer, wine, and/or distilled spirits. Police Department
Interior displays of beer, wine, and/or distilled spirits or signs which
are clearly visible to the exterior shall constitute a violation of this
condition.
13.
The property shall be permanently maintained in an orderly fashion Planning
through the provision of regular landscaping maintenance and removal Department,
of trash or debris.
Code Enforcement
Division
GENERAL CONDITIONS OF APPROVAL
14.
The Applicant shall defend, indemnify, and hold harmless the City Planning
and its officials, officers, employees and agents (collectively Department,
referred to individually and collectively as “Indemnitees”) from any Planning Services
and all claims, actions or proceedingsbrought against Indemnitees Division
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto.The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
15.
The applicant is responsible for paying all charges related to the Planning
processing of this discretionary case application within 30 days of the Department,
issuance of the final invoice or prior to the issuance of building Planning Services
permits for this project, whichever occurs first.Failure to pay all Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
-8-PC2015-***
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
NO.
16.
The subject Property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by Department,
the petitioner and which plans are on file with the Planning Planning Services
Department, and as conditioned herein.Division
-9-PC2015-***
ATTACHMENT NO. 3
ATTACHMENT NO. 4
MEMO
Date: December 30, 2014
To: Vanessa Norwood, City of Anaheim Planning Department
From: Amelia L Huckabee - amelia_huckabee@sbcglobal.net; alh@paintingurway.com
Subject: Parking Justification Analysis
Address: 8285 E. Santa Ana Canyon Road, Suite 130
The hours of classroom instruction for Painting UR Way will be Monday-Saturday 9:00 -11:00 a.m.; 3:00-
5:00 p.m. and 7:00-9:00 p.m. Based on Building Code occupancy limitations, this business is allotted a
maximum occupancy of 50 persons (42 patrons and up to 8 staff members). Therefore, our maximum
parking demand will not exceed 50 cars at any time. Due to the social nature of the business we believe
that most patrons will come with at least one other guest. We anticipate an actual demand of 30-35
parking spaces because students will carpool to class. A maximum of six staff persons are involved with
the business (3 owners, 2 artists, 1 office manager). However, it is anticipated that three staff persons
will be at the studio at any given time (1 artist, 1 office manager and 1 assistant).
A parking survey of current tenants in the commercial center was conducted and the majority of the
tenants within the commercial center require short term, typically less than one hour, convenience
parking (flower shop, dentist office, pet hospital, dry cleaner, liquor store, nail salon). The majority of
the tenants have indicated that their parking space requirements are usually limited to 5-6 spaces at any
given time. We have determined that the peak hours for parking spaces are as follows:
Monday-Friday 7:00-8:30 a.m.
Monday-Friday 9:00-11:00 a.m.
Monday-Friday 5:30-6:30 p.m.
Saturday 11:00 a.m. - 5 p.m.
We conducted a count of occupied parking spaces on thesedates and times:
DateTime Maximum Number of Cars
12/20/14 - Saturday 6:30-7:15 p.m. 35
12/29/14 - Monday 8:45– 9:30 a.m. 35
12/29/14 - Monday 6:30-7:15 p.m. 43
We believe parking is adequate for our proposed business and existing businesses because during
various times of observation, excess parking spaces have been available during peak demand time
frames for all businesses.
ATTACHMENT NO. 5
City of Anaheim
INTERDEPARTMENTALREVIEW COMMITTEE
To: Vanessa Norwood/Planning Department
Case No.: DEV 2014-00102/CUP 2014-05765
Painting Ur Way
8285 E. Santa Ana Canyon Road #130
Date: November 5, 2014
From: Lieutenant Tracy Hittesdorf
Anaheim Police Department
Vice, Narcotics and Criminal Intelligence Bureau Commander
Contact: Name: S.P.S.R. Michele Irwin
Phone: 714-765-1461
Email: mmirwin@anaheim.net
I havereviewed the above case. Below are thecomments and conditions fromthe Police
:
Department
COMMENTS:Public Convenience and Necessity Information:
The Police Department has received an I.D.C. Route Sheet for DEV2014-00102/CUP
2014-05765.The applicant is requesting to permit an art studio with sales and service of
beer and wine.
Thislocation iswithin Census Tract Number 219.05which has a population of 5,485.
This population allows for 6 onsale Alcoholic Beverage Control licensesand there are
presently 6 licensesin the tract. It also allows for 3 offsale licensesand there are
presently 3 licenses in the tract.
This location is within Reporting District 1244which is 32% abovethe city average in
crime. There have been nocalls for service to this location in the last year.
The ¼ mile radius surrounding this location is below the city average in crime.The calls
for service primarily consisted of: 8petty thefts and 4 drunks in public.
RECOMMENDED CONDITIONS OF APPROVAL:
The Police Department requeststhe following conditionsbeplaced on the Conditional
Use Permit:
No.TimingConditionResponsible
Department
1.Managers, owners, and wait staff need to call the
Police Department
Department of Alcoholic Beverage Control and
obtain LEAD (Licensee Education on Alcohol and
Drugs Program) Training. The contact number is
714-558-4101.
The permitted event or activity shall not create
2.
Police Department
sound levels that violate any ordinance of the City
of Anaheim.
There shall be no exterior advertising or sign of
3.
Police Department
any kind or type, including advertisingdirected
to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall
constitute a violation of this condition.
Security measures shall be provided to the
4.
Police Department
satisfaction of the Anaheim Police Department to
deter unlawful conduct of employees and
patrons, promote the safe and orderly assembly
and movement of persons and vehicles,and to
prevent disturbancesto the neighborhood by
excessive noise created by patrons entering or
leaving the premises.
5.Any and all security officers provided shall comply
Police Department
with all State and Local ordinances regulating their
services, including, without limitation, Chapter
11.5 of Division 3 of the California Business and
Profession Code.
6.The business shall not be operated in such a way
Police Department
as to be detrimental to the public health, safety or
welfare.
7.Any Graffiti painted ormarked upon the premises
Police Department
or on any adjacent area under the control of the
licensee shall be removed or painted over within
24 hours of being applied.
8.There shall be no entertainment, amplified music
Police Department
or dancing permitted on the premiseat any time
unless the proper permits have been obtained
.
from the City of Anaheim
The number of persons in attendanceshall not
9.
Police Department
exceed the maximum occupancy load as
determined by the Anaheim Fire Department.
Signs indication the occupant load shall be
posted in a conspicuous place on an approved
sign near the main exit from the room. (Section
25.114(a) Uniform Fire Code)
The sale of alcoholic beverages for consumption
10.
PoliceDepartment
off the premises shall be prohibited.
The business shall not employ or permit any
11.
Police Department
persons 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. (Section 24200.5 Alcoholic Beverage
Control Act)
If and when Painting Ur Way is no longer
12.
Police Department
operational as a business the Police Department
recommends that the Public Premise license
obtained through the Department of Alcoholic
Beverage Control also goes away. Mandating
that any new business reapply and go through a
C.U.P. process for approval and conditions that
correspond to the new business.
There shall be no requirement to purchase a
13.
Police Department
minimum number of drinks.
Concur:
Office of Chief of Police
f:\home\mmirwin\CUP\2014-00102DEV8285 E SAC Painting Ur Way.doc
December 3, 2014 Painting UR Way
Amelia L Huckabee
Floor Plan Requirements 331 Minaret Street
Project Address: Corona, CA 92881
8285 E Santa Ana Canyon Road, Suite 130 (951) 768-1962
Anaheim, CA 92808 amelia_ahuckabee@sbcglobal.net
alh@paintingurway.com
Bathroom
Storage
Sink
Bar
Assembly
Area (light
brown)
750 sq. ft.
50 person
Tables for
occupant
Painting
load
[7- 8ft tables,
seating 6
patrons each]
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO.6
PLANNING COMMISSIONREPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY 12, 2015
SUBJECT:CONDITIONAL USE PERMIT NO. 2014-05759,
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2014-00111, AND VARIANCE NO. 2014-04985
LOCATION:
1001–1037 North Magnolia Avenue and 2610 West La Palma Avenue
APPLICANT:
The applicant is Glen Hartigan, representing Frontier Real Estate
Investments, and the property owner is Kathy Watson.
REQUEST:
The applicant requests approval of the following:1) a conditional use permit
for the partial demolition and reconstruction of an existing retail center to include a drive-
through pharmacy and drive-through fast food restaurant; and, to permit alterations to two
legal nonconforming freestanding signs; 2) a Determination of Public Convenience or
Necessity for the sale of alcoholic beverages at the pharmacy for off-premises
consumption; and, 3) a variance to allow fewer parking spaces than required by the Zoning
Code.
DISCUSSION:
The applicantrequestsacontinuance ofthis hearing to allow time to
work with staff to address various design considerations.
RECOMMENDATION:
Staff recommends that this hearing be continued to the
.
January 26, 2015 Planning Commission meeting
Prepared by,Submitted by,
Gustavo GonzalezJonathan E. Borrego
Associate PlannerPlanning Services Manager
Attachments:
1.Applicant’s Request for Continuance
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ATTACHMENT NO. 1
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 7
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:JANUARY 12, 2015
SUBJECT:ZONING CODE AMENDMENT NO. 2014-00121AND
ADJUSTMENT NO. 7 TO THE ANAHEIM RESORT
SPECIFIC PLAN (SPN92-2U)
LOCATION:
Citywide.
APPLICANT:
City of Anaheim.
REQUEST:-
This request is aCityinitiated amendment to Title 18 (Zoning) of the
Anaheim Municipal Code.
RECOMMENDATION
: Staff recommends that the Planning Commission, by
motion, determine thatthe proposed ordinanceis not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and
15060(c)(3) of theState of California Guidelines for Implementation of the
California Environmental Quality Act (commencing with Section 15000 of Title 14
of the California Code of Regulations; herein referred to as the "State CEQA
Guidelines")because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment and is not a "project", as defined in Section
15378 of the CEQA Guidelines, and recommend to the City Council approval of
Zoning Code Amendment No. 2014-00121and Adjustment No. 7 to the Anaheim
Resort Specific Plan.
PROPOSAL:
This amendmentincludesmodifications to permitted land uses,
development standards, procedures and definitions contained in the Zoning Code. A
summary of the proposed amendmentsis provided as Attachment No. 1to this report
and includes thedescription and purpose of each amendment.
ANALYSIS:
Since itscomprehensive update in 2004, amendments to the Zoning
Code have been made on an as-needed basis as the result of the periodic review of
the Code by staff. This amendmentinvolves various minor changesto numerous
sections of the Codeto provide clarity, correct typographically errors, create internal
consistency of terms and definitions, and to amend development standards to reflect
current market trends.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ZONING CODE AMENDMENT NO. 2014-00121
January 12, 2015
Page 2of 2
CONCLUSION:
This proposal is intended to amend the Zoning Code through a series of
technical and/or clarifying modificationsto existing provisions.Staffrecommends approval of
this Zoning Code Amendmentand Adjustment to the Anaheim Resort Specific Planas it will
provide staff, decision makers, and membersof the public, with clearer standards, procedures
and definitions.
Prepared by,Submittedby,
Gustavo N. GonzalezJonathanE.Borrego
AssociatePlannerPlanning Services Manager
Attachments:
1.Summary of Amendments
2.Draft Ordinance
ATTACHMENT NO.
Summary of Amendmentsfor Draft Ordinance
ZCA2014-00121and SPN92-2U
OrdinanceCode Chapter, Section, Subsection, and/or
Description
SectionTable
18.06 (Multiple-Family Residential Zones)
Thisclean up amendmentchanges the permitted use description
18.06.030(Uses)
1“Educational InstitutionsCenters” to provide consistency with the
Table 6-A(Primary Uses: Multiple-Family
terminology used throughout the Zoning Code.
Residential Zones)
18.06 (Multiple-Family Residential Zones)
18.06.100 (Recreational-Leisure and Storage Areas)
This amendment corrects a typographical errorin a table describing the
2Subsection .010minimum size of recreational-leisure areas in multiple family residential
zones to correctly indicate “Minimum AreaStructural Height
Table 6-I (Minimum Size of Recreational-Leisure
Areas: Multiple-Family Residential Zones)
Changes “Computer Internet and Amusement Facilities
Chapter 18.08 (Commercial Zones)
from a conditionally permitted use to a prohibited use.
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
also modifies the description and definition of the use class to eliminate
Overlay Zone)
the minimum number of computers or electronic devices required to be
Chapter 18.30 (Downtown Mixed Use (DMU)
defined as this type of facility, and eliminate the parking r
Overlay Zone)
3,6,9,10,11,
the use classfrom the Code.This amendment would effectively prohibit
16,25,27Chapter 18.32 (Mixed Use (MU) Overlay Zone)
“Computer Internet and Amusement Facilities”
in the City of Anaheim.
Chapter 18.36 (Types of Uses)
The amendment is warrantedgiven that these facili
Chapter 18.92 (Definitions)
often operate as illegal gambling establishments,and
Chapter 18.116 (Anaheim Resort Specific Plan No.
no longernecessary due to advances in technology that have made
92-2 (SP 92-2) Zoning and Development Standards)
internet connectivity readily accessibleto the general public
Provides clarification on theapplicable development standards
Chapter 18.14 (Publicand Special Purpose Zones)
Transition Zone for the development of single-family detached dwellings
Section 18.14.030 (Uses)
4The development standards of the RS-2 Zone would
Table 14-A (Primary Uses: Public and Special-
square feet or greater in size. The development standards of the RS
Purpose Zones)
Zone wouldapply for lots that are less than 7,200 square feet in size.
Chapter 18.16 (Regulatory Permits)
Corrects an error inthe operational standardsprohibiting a cover charge
5Section 18.16.060 (Entertainment) for admission under an entertainment permit forone
defined by the Zoning Code.
Subsection .040
Removes the maximum density range for all unit types permitted in the
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
PTMU Overlay Zone,as indicated on Table 20
Overlay Zone)
densities than arecurrently permitted
, provided the densities do not
Section 18.20.070 (Project Size)
7
exceed the maximum development intensity in the
Subsection .015
asestablishedby 18.20.040 (Development Districts
Table 20-F (Building Types: Platinum Triangle Mixed
with the General Plan and the infrastructure capacity analyzed by EIR No.
Attachment No. 1
ZCA2014-00121
Summary of Amendments
OrdinanceCode Chapter, Section, Subsection, and/or
Description
SectionTable
Use (PTMU) Overlay Zone) 330, SEIR No. 332, EIR No. 335 and SEIR No. 339.
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone)
Adds minimum parking requirements to Table 20
Section 18.20.120 (Parking, Loading and Vehicular
PTMU Overlay Zone, as one is not currently provided
Access)
8
parking ratio of 1.25 spaces per unit is consistent with the parking ratio
Subsection .010
for studio units throughout the Zoning Code.
Table 20-I (Minimum Parking Requirements:
Platinum Triangle Mixed Use (PTMU) Overlay Zone)
Adds the short-term rentalsof residential unitsfor occupancy, dwelling,
lodging or sleeping purposes as a permitted use
Chapter 18.32 (Mixed Use (MU) Overlay Zone)
subject to the granting of an administrative use permit as provided in
Section 18.32.030 (Uses)
10
Chapter 4.05.This amendment is intended to allow
Table 32-A (Primary Uses: Mixed Use Overlay Zone)
Use d
evelopments in a manner consistent with the City’s other residential
zones.
Removes the restriction to sell products and services on the premises of a
residenceto provide home occupations more flexibility.
Chapter 18.38 (Supplemental Use Regulations)
12occupationswill continue to be required to comply with all other
Section 18.38.130 (Home Occupations)
provisions of Section 18.38.130, including an existing limit of no more
than eight customers per day.
For construction of a second unit,removes the requirement for property
Chapter 18.38 (Supplemental Use Regulations)
owners to provideconsent from thelender on the owner occupancy
Section 18.38.230 (Second Units)
13restrictions. The owner will still be required to record the r
title but will no longer need to incur the burden of getting their lender’s
Subsection .140
consent.
Clarifiesthe height limitation of any proposed wall as part of a residential
Chapter 18.40 (General Development Standards)
development of two or more units to be determine
Section 18.40.090 (Sound Attenuation for Residential attenuation study rather than the maximum height limitation of the
14
Developments)
underlying zone. This amendment is intended to allow
Subsection .030 wall height necessary tomitigate noise impacts
and railroad rights of way without the need to process a variance.
Clarifies that no fee shall be assessed for the use of parking spaces by
residents and tenants of multiple-family residential projects as required by
Chapter 18.42 (Parking and Loading)
current code or the code at the time of project construction, whichever is
Section 18.42.030 (Residential Parking Requirements)
15
higher. The amendment is intended to require
Subsection .020
multiple-family residential projects to provide sufficient free on
parking. This amendment would not prohibit the assessment of fees for
2
Attachment No. 1
ZCA2014-00121
Summary of Amendments
OrdinanceCode Chapter, Section, Subsection, and/or
Description
SectionTable
those parking spaces that are in excess to the current code or the code at
the timeof project construction.
Simplifies the description of the types of materials that can be used to
Chapter 18.46 (Landscaping and Screening) Section
17infill artificial turf.The amendment simplifiesthis standard
18.46.055 (Artificial Turf Standards) Subsection .020
only clean sand or other environmentally-friendly
Chapter 18.46 (Landscaping and Screening) Section Modifies the requirements for landscaping within the fr
18.46.100 (All Vegetation)
18single-family residential zones to allow for more drought tolerant options
Subsection .050 while maintainingattractive front yards.
Changesthe height limitation of any proposed wall as part of a residential
Chapter 18.46 (Landscaping and Screening)
development adjacent to a freeway, toll road and/or abutting a railroad
Section 18.46.110 (Screening, Fences, Walls and
corridor be determined bya sound attenuation stu
Hedges)
19
maximum height limitation of the underlying zone. This amendment is
Table 46-A (Required Fences and Walls)
intended to allow for the appropriate wall height
Table 46-B (Permitted Fences and Walls)
noise impactsonto the users of aproject.
Modifies the landscaping requirements to allow the u
Chapter 18.46 (Landscaping and Screening) Section
in lieu of live vines, provided that such vines maintain a “live”
18.46.120 (Required Landscaped Treatment of
20appearance and provide the level of screening required by this
Fences, Walls and Trash Enclosures)
the Code.
The amendment is intended to allow greater flexibility in the
Subsection .010
required screening of fences, walls and trash enclosures.
Modifies the landscaping requirements to allow the u
Chapter 18.46 (Landscaping and Screening)
in lieu of live vines, provided that such vines maintain a “live”
appearance and provide the level of screening required by this
Section 18.46.130 (Required Landscaped Treatment
21
the Code.The amendment is intended to allow greater flexibility in the
of Building Walls in Commercial, Industrial or Public
and Special-Purpose Zones)
required landscaped treatment of building walls in
or public and special-purpose zones.
Chapter 18.56 (Nonconformities)
Minor update tothis Section to reflect the recent relocation of the
22Neighborhood Preservation Division from the Community Development
Section 18.56.040 (Nonconforming Structures)
Department to the PlanningDepartment.
Subsection .060
Minor clarificationstipulating that when multiple discretionary land use
Chapter 18.60 (Procedures)
applications are submitted for concurrent Planning Commission review
23Section 18.60.150 (Scope of Review)and approval, andone or more of such applications requires
review and approval
at a public hearing, all related applications shall be
Subsection .020
considered at the same time.
Chapter 18.60 (Procedures)
Minor modification grantingthe Planning Director sole discretion to
24
Section 18.60.170(Extension of Time to Comply with extend the time period to satisfy conditions of approval to establish an
Conditions of Approval)approved use or structure.The Code currently
3
Attachment No. 1
ZCA2014-00121
Summary of Amendments
OrdinanceCode Chapter, Section, Subsection, and/or
Description
SectionTable
authority the discretion to extend the approved time period. The
amendment is intended to make this process more efficient by eliminating
the review and approval of these requests by the Planning Commission or
City Council. The Planning Director would retain the option of referring a
time extension to the Planning Commission if deemed necessary to serve
the public interest.
Createsa definition for “Wet Bar”.The Zoning Code provides a
Chapter 18.92 (Definitions)
definition for “Kitchen”, however Wet Bar” is not defined.
26
Section 18.92.260 (“W” Words, Terms and Phrases) amendment is intended to provide a clear distinction between the
terms.
4
ATTACHMENT NO. 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS CHAPTERS OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE
(ZONING CODE AMENDMENT NO. 2014-00121)
(ADJUSTMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2U))
(DEV2014-00123)
WHEREAS, pursuant to
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000et seq.;
of the State of California Guidelines for Implementation of the California Environmental Quality
Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA
Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a "project", as defined in Section 15378 of the CEQA
Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety or
welfare of the community and is a valid exercise of the local police power and in accord with the
public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Section
18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
P=Permitted by Right
Table 6-A
C=Conditional Use Permit Required
PRIMARY USES:MULTIPLE-FAMILY
N=Prohibited
RESIDENTIAL ZONES
T=Telecommunications Antenna Review Permit Required
RM-RM-RM-RM-
Special Provisions
1234
1
Residential Classes of Uses
DwellingsMultiple Subject to § 18.38.100; affordable housing may be
C P P P
Family developed pursuant to Chapter 18.50
DwellingsSingle-Dwellings requiring a conditional use permit are subject to
C P C C
Family Attached § 18.06.160
(a) Allowed only when combined with single-family
attached dwellings within the same project; in the RM-1
Zone, attached housing must be oriented toward any major
DwellingsSingle-
C P P P or primary arterial or (b) one single-family detached
Family Detached
dwelling allowed on one legal lot in existence on the
effective date of Ord. 5920, using the RS-2 and RS-3 Zone
based on lot size
Mobile Home Parks N C C C
Residential Care
P P P P Subject to § 18.36.030.050
Facilities
Senior Citizen
C C C C Subject to Chapter 18.50
Housing
Supportive Housing C P P P
Transitional Housing C P P P
Note on Table 6-A-Residential Classes of Uses:
New Residential Development. All new residential development within 600 feet of any railroad, freeway,
expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is
subject to the provisions of § 18.40.090.
Non-Residential
Classes of Uses
Antennas
C C C C
Broadcasting
AntennasPrivate
C C C C Subject to § 18.38.040
Transmitting
Antennas
Telecommunications -
T T T T Subject to §§ 18.38.060 and 18.62.020
Stealth Building-
Mounted
Antennas
C C C C Subject to § 18.38.060
Telecommunications -
Stealth Ground-
2
Mounted
Antennas
Telecommunications - N N N N
Ground-Mounted
Bed & Breakfast Inns N C C C Subject to § 18.38.080
Community &
C C C C
Religious Assembly
Convalescent & Rest
N N N C
Homes
Day Care Centers C C C C
Educational Centers
N N C C
InstitutionsGeneral
Golf Courses &
N N C C
Country Clubs
Group Care Facilities C C C C Subject to § 18.36.040.070
Oil Production N C C C Subject 18.38.180
Public Services C C C C
RecreationLow-
C C C C
Impact
Recreation
C C C C
Swimming & Tennis
Room & Board C C C C
Transit Facilities C C C C
UtilitiesMinor C C C C
SECTION 2.
That Table 6-I (Minimum Size of Recreational-Leisure Areas: Multiple-Family
Residential Zones) of Subsection .010 of Section 18.06.100 (Recreational-Leisure and Storage
Areas) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
3
Table 6-I
SIZE OF RECREATIONAL-LEISURE AREAS:
MINIMUM
MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Minimum Structural Height Area
350 square feet for each dwelling unit; amounts may be modified pursuant
RM-1
to 18.06.160
RM-2 1,000 square feet for each dwelling unit
RM-3 350 square feet for each dwelling unit
RM-4 200 square feet for each dwelling unit
SECTION 3.
That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses)
of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
P=Permitted by Right
Table 8-A
C=Conditional Use Permit Required
PRIMARY USES: COMMERCIAL
N=Prohibited
ZONES
T=Telecommunications Antenna Review Permit Required
C- C-C-O-O-
Special Provisions
NC R G L H
Residential Classes
of Uses
Mobile Home Parks N N C N N
Senior Citizens' Senior Citizens' Apartment projects subject to Chapter
C C C N N
Housing 18.50
Non-Residential
Classes of Uses
Alcoholic Beverage Subject to Section18.38.025. Buildings larger than 6,000
N P/C P/C N N
Manufacturing square feet are subject to a Conditional Use Permit.
Alcoholic Beverage
Conditional use permit not required if use is in
P/C P/C P/C P/C P/C
SalesOff-Sale
conjunction with MarketsLarge. In O-L and O-H
4
Zones, must be clearly accessory to and integrated with
an office building
Alcoholic Beverage
C C C C C
SalesOn-Sale
Ambulance Services N C C N N
Permitted without a conditional use permit when
Animal Boarding P/C P/C P/C P/C P/C conducted entirely indoors subject to §18.38.270;
otherwise a CUP is required.
Animal Grooming P P P P P
Permitted without a conditional use permit if designed
Antennas
P/C P/C P/C P/C P/C similar to stealth telecommunications facility as defined
Broadcasting
in §18.38.060.030.0312
Antennas
Telecommunications-
T T T T T Subject to § 18.38.060 and § 18.62.020
Stealth Building-
Mounted
Antennas
Telecommunications-
T T T T T Subject to § 18.38.060
Stealth Ground-
Mounted
Antennas
Telecommunications
N N N N N
Ground-Mounted
(Non-Stealth)
Automatic Teller
Machines
P P P P P Subject to § 18.36.040
AutomotiveVehicle
Sales, Lease &
N N C N N Subject to § 18.38.200
Rental
AutomotiveSales
N N C C C Subject to § 18.38.065
Agency Office
AutomotivePublic
C C C C C
Parking
AutomotiveParts
P P P N N
Sales
5
AutomotiveRepair
C C C N N
& Modification
AutomotiveService
C C C C C Subject to § 18.38.070
Stations
AutomotiveIn O-L and O-H Zones, must be accessory to an
N C C C C
Washing AutomotiveService Station use
In O-L and O-H Zones, must be accessory to and
Bars & Nightclubs C C C C C
integrated with an office building
Bed & Breakfast Inns C C C C C Subject to § 18.38.080
Billboards N N N N N
Boat & RV Sales N N C N N Subject to § 18.38.200
Business & Financial
P P P P P
Services
Cemeteries N N C N N
Community Retail
P/C P/C P/C N N Subject to § 18.38.115; otherwise a CUP is required.
Centers
Community & In O-H Zone, must be clearly accessory to and integrated
C C C C C
Religious Assembly with an office building
Computer Internet &
In O-L and O-H Zones, must be clearly accessory to and
Amusement N CN CN CN CN
integrated with an office building
Facilities
Convalescent & Rest
N N C N N
Homes
Subject to § 18.38.110; otherwise a CUP is required. In
Convenience Stores P/C P/C P/C P/C P/C O-L and O-H Zones, must be clearly accessory to and
integrated with an office building.
Dance & Fitness In O-H Zone, must be clearly accessory to and integrated
N P P P P
StudiosLarge with an office building
In O-H Zone, must be clearly accessory to and integrated
Dance & Fitness
P P P P P with an office building, otherwise requires a conditional
StudiosSmall
use permit
Permitted without CUP if lintegrated within a multi-
Day Care Centers C C C P/C P/C
tenant office building as an accessory use to serve
6
Drive-Through
C C C C C
Facilities
Educational Institutions with ten students or less do not require a
P/C P/C P/C P/C P/C
InstitutionsBusiness conditional use permit
Educational
N C C C C
InstitutionsGeneral
Educational
P P P P P Subject to § 18.36.040.050
InstitutionsTutoring
In O-L and O-H Zones, must be clearly accessory to and
Entertainment Venue C C C C C
integrated with an office building
Equipment RentalPermitted if equipment is completely screened from
P/C P/C P/C N N
Large view. CUP required if equipment cannot be screened.
In O-H and O-L Zones, must be clearly accessory to and
Equipment Rental
P/C P/C P/C P/C P/C integrated with an office building. CUP required if
Small
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
MarketsLarge P P P N N
MarketsSmall P/C P/C P/C C C Subject to § 18.38.155, otherwise a CUP is required.
Medical & Dental
P P P P P
Offices
Mortuaries N N P N N
Offices P P P P P
Laundromats are subject to § 18.38.150; otherwise a
Personal ServicesCUP is required. In O-L and O-H Zones, must be clearly
P/C P/C P/C P/C P/C
General accessory to and integrated with an office building.
Massage subject to §18.16.070.
Personal ServicesIn O-L and O-H Zones, must be clearly accessory to and
C C C C C
Restricted integrated with an office building
7
Subject to §§ 18.38.190,18.38.200 and 18.38.205;
Plant Nurseries N P/C P/C N N
otherwise a CUP is required.
Public Services C C P C C
In O-L and O-H Zones, must be clearly accessory to and
integrated with an office building. Facilities with alcohol
RecreationBilliards P/C P/C P/C P/C P/C
consumption requires a CUP. Subject to §18.38.085,
otherwise a CUP is required.
RecreationIn O-L and O-H Zones, must be clearly accessory to and
C C C C C
Commercial Indoor integrated with an office building
Recreation
C C C C C
Commercial Outdoor
RecreationLow-In O-L and O-H Zones, must be clearly accessory to and
C C C P P
Impact integrated with an office building
RecreationPermitted without CUP when conducted completely
P/C P/C P/C P/C P/C
Swimming & Tennis indoors
Repair Services
P N P N N
General
Repair ServicesIn O-L and O-H Zones, must be clearly accessory to and
P P P C C
Limited integrated with an office building
Research &
N C C C P
Development
RestaurantsDrive-
N C C C C Subject to § 18.38.220
Through
RestaurantsGeneral P P P C C Subject to § 18.38.220
RestaurantsOutdoor
P/C P/C P/C P/C P/C Subject to § 18.38.220
dining
RestaurantsWalk-
C C C C C
Up
Retail SalesGeneral P P P P P Subject to § 18.38.220
Retail SalesKiosks C C C C C
Retail SalesOutdoor C C C N N Subject to § 18.38.190 and § 18.38.200
Retail SalesUsed
P P P N N
Merchandise
8
Room & Board N N C N N
Self-Storage N N C N N Subject to City Council Policy No. 7.2
Sex-Oriented
N N P N N Subject to Chapter 18.54
Businesses
Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a CUP is required.
Studios
P/C P/C P/C P/C P/C Permitted without a CUP if there is no live audience.
Broadcasting
In O-L and O-H Zones, must be clearly accessory to and
StudiosRecording N N P C C
integrated with an office building
Transit Facilities C C C C C
UtilitiesMajor C C C N C
Pay phones are permitted by right in all zones if located
UtilitiesMinor P P P P P on the interior of a building or attached to the exterior
Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a CUP is required.
Wholesaling N C C N N Shall be accessory to a Retail Sales use
SECTION 4.
That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Section
18.14.030 (Uses) of Chapter 18.14 (Public and Special Purpose Zones) of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
P=Permitted by Right
Table 14-A
C=Conditional Use Permit Required
PRIMARY USES: PUBLIC AND
N=Prohibited
SPECIAL-PURPOSE ZONES
T=Telecommunications Antenna Review Permit Required
OS PR SP T Special Provisions
Residential Classes of
Uses
One single-family detached dwelling allowed on one legal lot in
existence on the effective date of Ord. 5920, using the RS-2 and
DwellingsSingle-
N N N P
RS-3 Zone based on lot size. The development standards of the
Family Detached
RS-2 Zone shall apply for lots 7,200 square feet or greater in size.
The development standards of the RS-3 Zone shall apply for lots
9
that are less than 7,200 square feet in size.
Mobile Home Parks N N N C
Senior Citizens
N N N C Senior Citizens Apartment projects subject to Chapter 18.50
Housing
One single-family detached dwelling allowed on one legal lot in
Supportive Housing (6
NNNPexistence on the effective date of Ordinance No. 6289, using the
or fewer persons)
RS-2 and RS-3 Zone based on lot size
One single-family detached dwelling allowed on one legal lot in
Supportive Housing (7
NNNCexistence on the effective date of Ordinance No. 6289, using the
or more persons)
RS-2 and RS-3 Zone based on lot size
One single-family detached dwelling allowed on one legal lot in
Transitional Housing (6
NNNPexistence on the effective date of Ordinance No. 6289, using the
or fewer persons)
RS-2 and RS-3 Zone based on lot size
One single-family detached dwelling allowed on one legal lot in
Transitional Housing (7
existence on the effective date of Ordinance No. 6289, using the
NNNC
or more persons)
RS-2 and RS-3 Zone based on lot size
Non-Residential
Classes of Uses
Agricultural Crops P N N P
Alcoholic Beverage
N C C C
SalesOn-Sale Religious Assembly use
Ambulance Services N N N C
Animal Boarding C N N C
Permitted without a conditional use permit if designed similar to
AntennasBroadcasting N N N C stealth telecommunications facility as defined in
§ 18.38.060.030.0312
AntennasPrivate
N N N C Subject to § 18.38.040
Transmitting
Antennas
Telecommunications-
T T T T Subject to §§ 18.38.060 and18.62.020
Stealth Building-
Mounted
Antennas
C C C C Subject to § 18.38.060
Telecommunications-
Stealth Ground-
10
Mounted
Antennas
Telecommunications- N N N N Subject to § 18.38.060
Ground-Mounted
AutomotivePublic
N P C N
Parking
AutomotiveService
N N N C Subject to § 18.38.070
Stations
AutomotiveWashing 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
N N N C
Centers General Plan for Commercial Land Uses
Community &
N N C C
Religious Assembly
Convalescent & Rest
N N N C
Homes
Convenience Stores N C C C Subject to § 18.38.110
Dance & Fitness
N C N N
StudiosSmall
Day Care Centers N C C C
Educational
N C P C
InstitutionsBusiness
Educational
N C P C
InstitutionsGeneral
Entertainment Venue N C C C
Golf Courses &
C P P C Only allowed use in PR Zone is municipally owned golf course
Country Clubs
Group Care Facilities N C C N
11
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 and18.38.200
Public Services N P P P
RecreationBilliards N C C C
Recreation
N C C C
Commercial Indoor
Recreation
N P C C subject to § 18.14.030.130
Commercial Outdoor
RecreationLow-
C P C C
Impact
RecreationSwimming
N P C C
& Tennis
Recycling Services
N N N C Subject to Chapter 18.48
General
RestaurantsDrive-
N N C N Subject to § 18.38.220
Through
RestaurantsGeneral N C C C Subject to § 18.38.220
RestaurantsOutdoor
N C C C Subject to § 18.38.220
Dining
RestaurantsWalk-Up N C C N
Retail SalesGeneral N N N C
General Plan for Commercial Land Uses
Retail SalesUsed
N N N C
Merchandise
Room & Board N N N C
12
Self-Storage N N C N
Transit Facilities N C C C
UtilitiesMajor C C C C
UtilitiesMinor P P P P
Veterinary Services N N N C
SECTION 5.
That Subsection .040 of Section 18.16.060 (Entertainment) of Chapter 18.16
(Regulatory Permits) of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read in full as follows:
.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.
13
.0408 At all times that entertainment is conducted security measures shall be adequate to
deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood
by excessive noise created by patrons entering or leaving the premises.
.0409 The number of persons attending the event or entertainment shall not exceed the
maximum occupancy of the business premises as determined by the Anaheim Fire
Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous
place on an approved sign near the main exit from the room.
.0410 The business shall not employ or permit any person to solicit or encourage others,
directly or indirectly, to buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy.
.0411 No pyrotechnical material, special effects, open flame devices, or fireworks shall
be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and
unless the display is in strict accordance with any ordinance adopted by the Anaheim City
Council regulating such displays.
.0412 The business shall not be operated in violation of any provision of the Anaheim
Municipal Code or any other city, state, or federal law.
.0413 A cover charge may shall not be required for admission into the premises unless a
conditional use permit is first obtained that permits a cover charge, except in the case of a one
day-dance event as defined in Section 18.92.070 of this Code.
.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.
14
.0418 Any detached patios used for entertainment shall be monitored under video
surveillance.
.0419 The floor space provided for dancing shall be free of any furniture or partitions
and maintained in a smooth and safe condition.
.0420 That there shall be no bar or lounge maintained on the property unless licensed by
Alcoholic Beverage Control and approved by the City of Anaheim.
.0421 That there shall be no pool tables maintained upon the premises at any time unless
an Amusement Permit is obtained from the Planning Department.
.0422 That the activities taking place in conjunction with the operation shall not cause
noise disturbances to surrounding properties.
.0423 No admission fee, cover charge, advance prepayment for meals, or similar fees
shall be imposed upon patrons as a condition of entry to the premises.
.0424 The business shall not be operated in such a way as to be detrimental to the public
health, safety and welfare.
.0425 Any violation of the application, or any of these conditions, shall be sufficient
grounds to revoke the permit.
.0426 No dancing shall continue beyond two (2:00) A.M.
SECTION 6.
That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay
Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended and restated to read in full as follows:
Table 20-A
P=Permitted by Right
PRIMARY USES:
PLATINUM TRIANGLE
C=Conditional Use Permit Required
MIXED USE (PTMU) OVERLAY
ZONE*
N=Prohibited
*Does not apply to the Office District; see
subsection 18.20.030.010 for Office District
GF=Ground Floor Commercial
uses.
PTMU GF Special Provisions
Residential Classes of Uses
P
DwellingsMultiple-
15
Family
Subject to the approval of Conditional Use Permit No. 2003-
DwellingsMultiple-04763, as may be amended from time to time, and subject to the
Family in the Gateway C conditions and showings of Chapter 18.66 (Conditional Use
District, Sub- Area B Permits), and further subject to paragraph 18.20.170.020.0201
and .0202 (Development Agreement Exemptions).
DwellingsSingle-Family
P
Attached
DwellingsSingle-Family
N
Detached
Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects)
Supportive Housing P
Transitional Housing P
Non-Residential Classes of Uses
Alcoholic Beverage SalesConditional use permit not required if use is in conjunction with
C GF
Off-Sale MarketsLarge
Alcoholic Beverage Sales
C GF
On- Sale
AutomotivePublic
C
Parking
AutomotiveVehicle
N Except as permitted as an accessory use
Sales, Lease & Rental
AutomotiveService
C
Stations
Bars & Nightclubs C GF
Billboards N
Business & Financial
P GF
Services
Commercial Retail Centers C
Community & Religious
C GF
Assembly
16
Computer Internet &
CN GFN
Amusement Facilities
Convenience Stores C GF
Conversions of hotels or
motels to semi-permanent
N
living quarters
Dance & Fitness Studios
P GF
Large
Dance & Fitness Studios
P GF
Small
Day Care Centers C GF
Drive-through Facilities N
Educational Institutions
C GF
Business
Educational Institutions
C GF
General
Educational Institutions
P GF
Tutoring
Entertainment Venue C GF
Hotels are permitted, extended-stay hotels are permitted by
Hotels & Motels P/C/ N conditional use permit, motels are not permitted (See
Chapter 18.92 for definitions)
MarketsLarge P GF
permit
MarketsSmall P GF
Medical and Dental
P GF
Offices
OfficesGeneral P GF
On-site dry cleaning not allowed; conditional use permit required
Personal ServicesGeneral P GF
for laundromats; laundromats are subject to § 18.38.150
Personal Services
C GF
Restricted
17
Public Services P GF
RecreationBilliards P GF
RecreationCommercial
P GF
Indoor
RecreationCommercial
C
Outdoor
RecreationLow-Impact P
RecreationSwimming &
P
Tennis
Repair ServicesLimited P GF
Research and
C
Development
RestaurantsDrive-
N
Through
RestaurantsGeneral P GF
RestaurantsOutdoor
P GF Subject to §18.38.220 (Restaurants Outdoor Seating and Dining)
Dining
RestaurantsWalk-Up P GF
Retail SalesGeneral P GF
Retail SalesUsed
N
Merchandise
Sex-oriented businesses, as
defined in
N
Chapter 18.54(Sex-
Oriented Businesses)
StudiosBroadcasting P GF Broadcasting antennas require a conditional use permit
StudiosRecording P GF
Swap meets, indoor and
N
outdoor
Transit Facilities P GF
18
UtilitiesMajor C
Use or activities not listed, As determined by the Planning Commission to be compatible
C
nor specifically prohibited with the intended purpose of the PTMU Overlay Zone.
SECTION 7.
That Section 18.20.070 (Project Size) of Chapter 18.20 (Platinum Triangle Mixed
Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
18.20.070 PROJECT SIZE.
The residential project size requirements are as follows:
.010 The minimum residential project size shall be fifty (50) dwelling units.
.015 The minimum and maximum densities density permitted shall be as indicated by
building type in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay
Zone), based on the gross number of dwelling units and the gross lot size excluding public and
private streets, alley rights-of-way, and public and private easements for ingress and egress. The
maximum development intensity is regulated by Section 18.20.040 (Development Districts) of
this Code.
.020 Residential projects of more than four hundred (400) dwelling units on parcels of five
(5) acres or greater shall consist of more than one (1) building type, as defined in Table 20-F
(Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types
proposed to meet this requirement must vary by at least one (1) story in height.
.030 Building Site Requirements in Chapter 18.40 (General Development Standards) shall
also apply.
Table 20-F
BUILDING TYPES:
PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Minimum
Building Density
Unit Type Definition
Type Range
Units/Acre
Tuck-Townhomes Residential buildings in which individual parking garages are located
16-30
Under Flats under the living unit but still accessed by surface driveways
Wrapped Residential buildings that surround, or wrap around, a freestanding
Flats 45-80
Deck (not subterranean) parking structure
Podium 16-100 Residential buildings located above a subterranean parking structure
Townhomes
19
Flats
High-
Rise Flats 65-100 Residential buildings over 55 feet in height
Tower
SECTION 8.
That Table 20-I (Minimum Parking Requirements: Platinum Triangle Mixed Use
(PTMU) Overlay Zone) of Section 18.20.120 (Parking, Loading and Vehicular Access) of
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Table 20-I
MINIMUM PARKING REQUIREMENTS:
PLATINUM TRIANGLE MIXED USE (PTMU)
OVERLAY ZONE
Total Number of Minimum Number of Parking
Bedrooms Spaces Per Unit
Studio 1.25 spaces
1 bedroom 1.5 spaces
2 bedroom 2.0 spaces
3 bedroom 2.5 spaces
4 bedroom 3.5 spaces
SECTION 9.
That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section
18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 30-A
PRIMARY P=Permitted by Right
USES: DOWNTOWN C=Conditional Use Permit Required
MIXED USE OVERLAY N=Prohibited
ZONE
DMU Special Provisions
Residential Classes
20
of Uses
DwellingsMultiple-
P
Family
DwellingsSingle-
P
Family Attached
DwellingsSingle-
P
Family Detached
Senior Citizen
P Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects)
Housing
Supportive Housing P
Transitional
P
Housing
Non-Residential
Classes of Uses
Alcoholic Beverage
C
SalesOff-Sale
Alcoholic Beverage
C
SalesOn-Sale
Conditional use permit required, if facilities are not accessory to a primary use on
Antennas
P the same lot, not completely screened from view from a public right-of-way or
Broadcasting
not disguised as an integral architectural feature
Conditional use permit required, if facilities are not completely screened from
Antennas Private
P view from a public right-of-way or not disguised as an integral architectural
Transmitting
feature
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
Antennas
P
Telecommunications feature; subject to §18.38.060 (Mechanical and Utility Equipment Ground
Mounted)
AutomotivePublic
P
Parking
Bars & Nightclubs C
Billboards N
Business &
P
Financial Services
21
Commercial Retail
C
Centers
Community &
C Conditional use permit not required for museums
Religious Assembly
Computer Internet &
Amusement CN
Facilities
Convalescent & Rest
C
Homes
Convenience Stores C
Dance & Fitness
C
StudiosLarge
Dance & Fitness
P
StudiosSmall
Day Care Centers C
Educational
Institutions
C
Business
Educational
C
InstitutionsGeneral
Entertainment
C
Venue
Golf Courses & Golf courses and putting greens may be allowed if accessory to a primary
C
Country Clubs permitted use
Group Care
C Subject to § 18.36.040.070
Facilities
Hotels & Motels C Motels not allowed
MarketsLarge P Outdoor farmers markets are allowed with a conditional use permit
Delicatessens that primarily serve take-out customers do not require a conditional
MarketsSmall C
use permit
Medical & Dental
P
Offices
OfficesGeneral P
22
On-site dry cleaning not allowed; conditional use permit required for
Personnel Services
P laundromats; laundromats are subject to § 18.38.150; massage subject to
General
§ 18.16.070
Public Services P
RecreationBilliards P
Recreation
C
Commercial Indoor
RecreationLow-
C
Impact
Recreation
P
Swimming & Tennis
Recycling ServicesSubject to Chapter 18.48 (Recycling Facilities); reverse vending machines
P
Consumer located entirely within a structure do not require any zoning approval
Repair Services
C
Limited
RestaurantsGeneral P Subject to § 18.38.220 (Restaurants Outdoor Seating and Dining)
Restaurants
C
Outdoor Dining
RestaurantsWalk-
P
Up
Retail SalesGeneral P
If food service is proposed, the application shall include a complete description
of how food products will be refrigerated and/or heated, and how utensils,
Retail SalesKiosks C
appliances and equipment will be cleaned.
Retail SalesUsed
P Antique shops only
Merchandise
Studios
C
Broadcasting
StudiosRecording P
Transit Facilities C Bus depots prohibited
UtilitiesMajor C
23
UtilitiesMinor P
SECTION 10.
That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030
(Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 32-A P=Permitted by Right
PRIMARY USES: C=Conditional Use Permit
MIXED USE OVERLAY Required
ZONE N=Prohibited
MU Special Provisions
Residential Classes of
Uses
DwellingsMultiple- 24-hour on-site management is
C
Family required
DwellingsSingle-
C
Family Attached
Senior Citizen Housing C Subject to Chapter 18.50
Supportive Housing C
Transitional Housing C
Non-Residential Classes
of Uses
Alcoholic Beverage
C
SalesOff-Sale
Alcoholic Beverage
C
SalesOn-Sale
Shall be fully screened by the
Antennas
C building to which they are attached;
Telecommunications
subject to §18.38.060
Bars & Nightclubs C
24
Business & Financial
P
Services
Computer Internet &
CN
Amusement Facilities
Convenience Stores C Subject to § 18.38.110
Dance & Fitness Studios
C
Large
Dance & Fitness Studios
P
Small
Educational Institutions
C
Business
Entertainment Venue C
MarketsLarge C Subject to § 18.38.155
MarketsSmall C Subject to § 18.38.155
Medical & Dental Offices P
Offices P
Personnel Services
P
General
Personnel Services
C
Restricted
RecreationCommercial
C
Indoor
Allowed only as an accessory use to
RecreationLow-Impact P
a primary use
Repair ServicesLimited P
RestaurantsGeneral P Subject to § 18.38.220
RestaurantsOutdoor
P Subject to § 18.38.220
Dining
Retail SalesGeneral P
Retail SalesKiosks C
25
Subject to a short-term rental permit
Short-Term Rentals P
as provided in Chapter 4.05
Transit Facilities C
Allowed only as an accessory use to
UtilitiesMajor P
a primary use
SECTION 11.
That Subsection .030 of Section 18.36.040 (Non-Residential Primary Use
Classes) of Chapter 18.36 (Types of Uses) of Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended to read in full as follows:
.030 "C" Use Classes.
Cemeteries. This use class consists of burial grounds for the interment of the dead or
their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located
within cemeteries.
Commercial Retail Centers. This use class consists of any combination of two (2) or
more commercial uses or commercial businesses, excluding those found in a mixed-use project,
that are otherwise permitted or conditionally permitted in the zone in which they are located, and
that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise
resulting in a single development project with shared parking or access; or (iii) a result from a
remodeling, partitioning or other division of space in a building, business or use on a single
parcel of property.
Community & Religious Assembly. This use class consists of community meeting and
cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or
benevolent organization; and facilities for religious worship, with incidental educational or
residential use. Uses include fraternal lodges, meeting halls, community centers, libraries,
museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers.
Computer Internet & Amusement Facilities. This use class consists of establishments
that, for compensation, provide for public use ten (10) or more of 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. Typical uses include or are commonly known as PC (personal
computer) Ccafes or Zzones, Iinternet Ccafes or Zzones, Ccyber Ccafes or Ccyber Ccenters or
other similar descriptors or uses. Such uses, when part of, and accessory to, educational
institutions and day care centers, are not included.
Convalescent & Rest Homes. This use class consists of facilities providing nursing,
dietary and other personal services for seven (7) or more convalescents, invalids and aged
persons, but excluding cases of contagious or communicable diseases, and excluding surgery or
primary treatments such as are customarily provided in hospitals.
26
Convenience Stores. This use class consists of the retail sales of food and beverages,
primarily for off-site preparation and consumption, and found in establishments characterized by
long or late hours of operation, on-site parking, and a building less than ten thousand (10,000)
square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of
prepared food for on-site or take-out consumption are classified as a restaurant use. This use
class may be combined with AutomotiveService Stations.
SECTION 12.
That Section 18.38.130 (Home Occupations) of Chapter 18.38 (Supplemental Use
Regulations) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to
read in full as follows:
18.38.130 HOME OCCUPATIONS.
Home occupations shall comply with the following provisions:
.010 No person other than members of the resident family shall engage in the home
occupation.
.020 No sales of products or services on the premises shall be permitted, except for sales
through the mail, delivery service, Internet or telephone.
.030 .020 No significant increase in pedestrian or vehicular traffic shall be generated by the
home occupation. For purposes of interpretation, more than six (6) total vehicles or eight (8)
total people per day relating to the home occupation shall be conclusively deemed a significant
increase in traffic.
.040 .030 No more than a single vehicle used primarily in the conduct of the home
occupation may be parked or stored on the public street or anywhere on the subject property
other than in an enclosed garage. That single vehicle shall have a weight not in excess of ten
(8) feet in total outside width, or seven (7) feet in height, or twenty-one (21) feet in bumper-to-
bumper length. Commercial vehicles used in the home occupation that are parked or stored on
the premises shall not be visible from any public street or right-of-way. For purposes of this
s
not designed and used for recreational and domestic purposes.
.050 .040 No outdoor storage of materials and/or supplies or other outdoor activity related
to the home occupation shall be permitted. Enclosed storage of home occupation materials
and/or supplies is permitted with the following restrictions:
.0501 .0401 Storage of supplies or equipment used in the home occupation may be
permitted in a garage, if the storage does not diminish the usable parking space as required
by Chapter 18.42 (Parking and Loading).
.0502 .0402 Trailers or tractors weighing one (1) ton or less that are used in the home
occupation shall be stored entirely within an enclosed garage, and are subject to the provisions of
27
subsection .0501 above. Trailers, tractors or trucks in excess of one (1) ton and all wheeled
construction equipment shall not be permitted on the premises.
.0503 .0403 Storage of hazardous waste, noxious materials, chemicals, pharmaceuticals
or other substances that may constitute a nuisance shall not be permitted on the premises.
.060 .050 No exterior aspect of the residential structure shall allow the home occupation to
be reasonably recognized as a non-residential use.
.070 .060 No noise, odor, dust, vibration, fumes or smoke caused by a home occupation
shall be readily discernible at the lot boundaries, and the use shall not adversely affect
surrounding residents.
.080 .070 No home occupation shall cause an electrical disturbance that shall adversely
affect the property of another person.
.090 .080 The home occupation shall be operated in conformance with all applicable laws.
.100 .090 The person conducting the home occupation shall obtain a City business tax
certificate for, and shall register the home occupation with, the Planning Department, on forms
provided for such purpose, together with payment of a filing fee as established by resolution of
the City Council.
SECTION 13.
That Subsection .140 of Section 18.38.230 (Second Units) of Chapter 18.38
(Supplemental Use Regulations) of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read in full as follows:
.140 Deed Restrictions. Prior to issuance of a building permit for a Second Unit, the
property owner shall provide written proof to the Planning Department that execute a covenant
(including agreement and consent from any lender whose interest is secured by the property)
setting forth the following minimum requirements, in a form and substance satisfactory to the
Planning Department and City Attorney's Office, has been which shall be recorded in the office
of the Orange County Recorder:
.1401 A reference to the deed under which the property was acquired by the owner;
.14021 The Second Unit shall not be sold or owned separately from the main dwelling
unit, and the parcel upon which the unit is located shall not be subdivided in any manner that
would authorize such sale or ownership;
.14032 The Second Unit shall be a legal unit, and may be used as habitable space, only
so long as either the main dwelling unit, or the Second Unit, is occupied by the owner of record
of the property; and
.14043 The restrictions shall be binding upon any successor in ownership of the
property.
28
SECTION 14.
That Subsection .030 of Section 18.40.090 (Sound Attenuation for Residential
Developments) of Chapter 18.40 (General Development Standards) of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read in full as follows:
.030 Attenuation. Mitigation measures, without limitation, may include masonry walls, an
earthen berm or a combination thereof. Masonry walls must comply with the requirements
of Chapter 18.46 (Landscaping and Screening). The height of any proposed walls may not
exceed the maximum height limitations of the underlying zone, shall be determined by the
approval authority based on the recommendation of a sound attenuation study prepared by a
state-licensed acoustical engineer, unless a variance is granted by the approval authority, or City
Council on appeal, in accordance with the procedures established in Chapter 18.60 (Common
Procedures) for the processing of variances.
SECTION 15.
That Subsection .020 of Section 18.42.030 (Residential Parking Requirements) of
Chapter 18.42 (Parking and Loading) of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read in full as follows:
.020 DwellingsMultiple Family.
.0201 The minimum required number of off-street parking spaces for Multiple-Family
Dwellings shall be based on the total number of bedrooms as follows:
Total Number
Minimum Number of
of BedroomsParking Spaces per Unit
Studio unit 1.25
1 bedroom 2.0
2 bedrooms 2.25
3 or more 3.0 (plus 0.5 space for each
bedrooms bedroom over 3 bedrooms)
.0202 Guest Parking. Of the number of required parking spaces, one-quarter (0.25)
space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be
readily accessible to motorists from contiguous streets and/or vehicle accessways.
.0203 Required parking spaces for residents and tenants in Multiple-Family Residential
projects shall be readily accessible. and no No fee shall be assessed for their the use of parking
spaces required by current code or for parking spaces required by code at the time of
construction of the project, whichever is higher.
29
.0204 Any assigned spaces shall be located within one hundred (100) feet of, and be
readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking
requirements for a dwelling unit shall be located within two hundred (200) feet of the unit
served.
.0205 Tandem Parking Spaces. Tandem parking spaces of not more than two (2)
vehicles deep shall be permitted for the parking spaces required for Multiple Family Residential
projects under paragraph .0201 above. Tandem parking spaces of not more than two (2) vehicles
deep shall be permitted for parking spaces required for Multiple Family Residential projects
under paragraph .0201, above, provided that (i) such tandem parking spaces are enclosed or
covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling
unit. Tandem parking spaces shall not be counted toward the required number of guest parking
spaces.
.0206 Parking areas shall be screened by means of landscaping or architectural devices
from adjacent public and private streets and properties, and from living or recreational-leisure
areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as
shown on the applicable Engineering Standard Details pertaining to commercial driveway
approaches.
.0207 Any interior walls of covered parking areas shall be finished with exterior finish
material. Adequate bumper guards shall be provided to protect any interior walls from damage.
.0208 Garages or carports may be installed in areas previously designated for open
surface, resident parking subject to the following provisions:
.01 Garages or carports may encroach into required building and landscape setback
areas (excluding front setbacks adjacent to public streets) subject to the review and approval by
the Planning Director. Any decision by the Planning Director may be appealed to the Planning
Commission as provided in Chapter 18.60 (Procedures);
.02 Any installed garage doors must be roll-up type doors;
.03 Garages may not be used for storage and must be used for parking of operable
vehicles only. In addition, the property owner or property manager is responsible for assuring
compliance with this provision;
.04 Exterior garage walls, where visible from any public or private property, shall be
finished with colors and materials consistent with the exterior colors and materials of existing
buildings on the site and roofs must be finished with quality materials, such as, tile or
shingles. Elevation plans must be reviewed and approved by the Planning Director;
.05 The total number of required parking spaces provided on the site is not
decreased beyond minimum code requirements by the construction of the garages. Replacement
parking spaces may be provided elsewhere on the project site;
.06 Garage spaces must be assigned to specific apartment units and shall not be
rented or leased to non-residents;
30
.07 Garage or carport spaces proposed to be constructed under the provisions of
paragraph 18.42.030.020.0208, above, need not be within 100 feet of the unit to which it is
assigned.
SECTION 16.
That Table 42-A (Non-Residential Parking Requirements) of Section 18.42.040
(Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows:
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Agricultural Crops 5 spaces per 10 acres.
1.55 spaces per 1,000 square feet of GFA,
which may inlcude include a maximum of 10%
office space, plus, if the percentage of office
Alcoholic Beverage space exceeds 10% of the GFA, 4 spaces per
Manufacturing 1,000 square feet of GFA for the floor area in
excess of 10%
Tasting Room and outside patios:
17 spaces
per 1,000 square feet of GFA.
Alcoholic Beverage 0 spaces (spaces are required for underlying
SalesOff-Sale uses only).
Alcoholic Beverage 0 spaces (spaces are required for underlying
SalesOn-Sale uses only).
4 spaces per 1,000 square feet of GFA, plus
Ambulance Services
parking for ambulances/emergency vehicles.
4 spaces per 1,000 square feet of GFA for first
Animal Boarding 100,000 square feet, plus 4.5 spaces per 1,000
square feet of GFA over 100,000 square feet.
4 spaces per 1,000 square feet of GFA for first
Animal Grooming 100,000 square feet, plus 4.5 spaces per 1,000
square feet of GFA over 100,000 square feet.
AntennasBroadcasting 2 spaces.
AntennasPrivate
None.
Transmitting
1 space.
Antennas
31
Telecommunications
2 spaces per machine.
Automatic Teller
Note: No parking spaces are required when
Machines
located on the exterior building wall of an
existing business use, when located within the
walk-up facilities not interior of any other type of business
located on properties establishment, or when free-standing machines
developed with other are located on properties developed with other
retail or office uses.) retail or office uses. In addition, no parking
spaces are required for drive-up facilities.
General:
2.5 spaces per 1,000 square feet of
GFA for interior showroom, plus 4 spaces per
1,000 square feet of office use, plus 5.5 spaces
per 1,000 square feet of building GFA used for
parts, sales, storage and repair use.
AutomotiveVehicle
Wholesale (excluding auctions)
Sales, Lease & Rental : 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.
AutomotiveSales
4 spaces per 1,000 square feet of GFA.
Agency Office
AutomotivePublic
None.
Parking
5.5 spaces per 1,000 square feet of GFA for
first 100,000 square feet, plus 4.5 spaces per
AutomotiveParts Sales
1,000 square feet of GFA over 100,000 square
feet.
AutomotiveRepair & 3.5 spaces per 1,000 square feet of GFA, or 5
Modification spaces, whichever is greater.
Stand-Alone
: 2 spaces.
AutomotiveService
Stations
In Conjunction with Other Uses
: 0 spaces.
In Conjunction with Service Station
: 1 space,
plus drying area for 5 vehicles.
AutomotiveWashing
Stand-Alone
: 5.5 spaces per 1,000 square feet
of GFA, plus drying area for 5 vehicles.
29 spaces per 1,000 square feet of dance floor
Bars & Nightclubs area and 17 spaces per 1,000 square feet of
GFA.
32
1 space for each bedroom, plus 1 space for
each nonresident employee, plus 1 space for
visitors (for purposes of this use class,
Bed & Breakfast Inns
"Bedroom" means any room designed,
intended or primarily used for sleeping
purposes).
Beekeeping None.
Billboards None.
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
Boat & RV Sales
1,000 square feet of building GFA used for
parts, sales, storage and repair use.
5.5 spaces per 1,000 square feet of GFA for
Business & Financial first 100,000 square feet, plus 4.5 spaces per
Services 1,000 square feet of GFA over 100,000 square
feet.
Requires parking demand study per
Cemeteries
paragraph 18.42.040.010.0108.
Total parking spaces are equal to the sum of
Commercial Retail
the parking requirements for the individual use
Centers
types in the center.
0.333 space per fixed seat, or 29 spaces per
1,000 square feet of GFA, whichever results in
a greater number of spaces, plus 4 spaces per
1,000 square feet of GFA for office use, plus,
Community & Religious if a kitchen facility is provided, 0.02 space per
Assembly 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.
0.18 space per computer, or 5.5 spaces per
Computer Internet &
1,000 square feet of GFA, whichever results in
Amusement Facilities
a greater number of spaces.
Convalescent & Rest
0.8 space per bed.
Homes
5.5 spaces per 1,000 square feet of GFA; if
combined with other allowed uses, 3 spaces for
Convenience Stores
the first additional use, and 1 space for each
additional use thereafter, except that the extra
spaces are not required when the uses are
33
integrated within a commercial retail center.
Dance & Fitness
5.5 spaces per 1,000 square feet of GFA.
StudiosLarge
Dance & Fitness
5.5 spaces per 1,000 square feet of GFA.
StudiosSmall
1 space per employee, plus 1 space per 10
children or adult clients, plus 1 space for
Day Care Centers
loading and unloading children or adult clients
onsite.
Drive-Through None as an accessory use, but requires
Facilities adequate space for queuing.
0.82 space per student, or 20 spaces per 1,000
square feet of GFA for instruction area,
Educational
whichever results in a greater number of
InstitutionsBusiness
spaces, plus 4 spaces per 1,000 square feet of
GFA for office area.
Elementary and Junior High Schools
: 1 space
per classroom, plus 1 space per non-office
employee, plus 4 spaces per 1,000 square feet
of GFA for office use, plus parking required
for assembly halls and auditoriums (see
Community & Religious Assembly).
Educational
InstitutionsGeneral
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
4 spaces per 1,000 square feet of GFA.
InstitutionsTutoring
1 space per employee and volunteer staff
member, plus 1 space for every 4 beds or 0.5
Emergency Shelter
spaces per bedroom designated for family units
with children.
Entertainment Venue
: 17 spaces per 1,000
square feet of GFA and 29 spaces per 1,000
square feet of dance floor area.
Entertainment Venue
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.
34
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.
4 spaces per 1,000 square feet of building GFA
for first 100,000 square feet, plus 3 spaces per
Equipment Rental
1,000 square feet of GFA over 100,000 square
Large
feet, plus 0.4 space per 1,000 square feet of
outdoor equipment storage area.
4 spaces per 1,000 square feet of building GFA
for first 100,000 square feet, plus 3 spaces per
Equipment Rental
1,000 square feet of GFA over 100,000 square
Small
feet, plus 0.5 spaces per 1,000 square feet of
outdoor equipment storage area.
Golf Courses
: 10 spaces per hole, plus 1 space
per 35 square feet of building GFA used for
public assembly, plus 5.5 spaces per 1,000
Golf Courses & Country
square feet of GFA used for other commercial
Clubs
purposes.
Golf Driving Ranges
: 1 space per driving tee.
Group Care Facilities 0.8 space per bed.
Requires parking demand study per
Helipads
paragraph 18.42.040.010.0108.
Requires parking demand study per
Hospitals
paragraph 18.42.040.010.0108.
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
Hotels & Motels
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
35
working in the guest room areas.
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
Industry
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.
IndustrialHeavy
: 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
IndustryHeavy
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.
5 spaces or 5.5 spaces per 1,000 square feet of
Junkyards
building GFA, whichever is greater.
5.5 spaces per 1,000 square feet of GFA for
first 100,000 square feet, plus 4.5 spaces per
MarketsLarge
1,000 square feet of GFA over 100,000 square
feet.
MarketsSmall 5.5 spaces per 1,000 square feet of GFA.
36
Medical & Dental
6 spaces per 1,000 square feet of GFA.
Offices
Requires parking demand study per
Mortuaries
paragraph 18.42.040.010.0108.
Office-General
: 4 spaces per 1,000 square feet
of GFA for buildings of 3 stories or lower; 3
Offices
spaces per 1,000 square feet of GFA for
buildings of more than 3 stories.
Oil Production 2 spaces per well.
4 spaces or 4 spaces per 1,000 square feet of
building GFA of any accessory building,
Outdoor Storage Yards
whichever is greater, plus spaces required for
service vehicles.
5.5 spaces per 1,000 square feet of GFA for
first 100,000 square feet, plus 4.5 spaces per
Personnel Services
General 1,000 square feet of GFA over 100,000 square
feet.
5.5 spaces per 1,000 square feet of GFA for
Personnel Servicesfirst 100,000 square feet, plus 4.5 spaces per
Restricted 1,000 square feet of GFA over 100,000 square
feet.
5.5 spaces per 1,000 square feet of building
GFA, plus 0.4 space per 1,000 square feet of
Plant Nurseries
lot area devoted to outdoor uses, excluding
parking areas and vehicular accessways.
4 spaces per 1,000 square feet of GFA for
buildings of 3 stories or lower; 3 spaces per
Public Services
1,000 square feet of GFA for buildings of more
than 3 stories.
Billiard Halls
: 2 spaces per billiard table, plus
RecreationBilliards required spaces for other uses within the
facility.
Amusement Arcades
: requires parking demand
study per paragraph18.42.040.010.0107.
Bowling Alleys
: 6 spaces per bowling lane.
RecreationCommercial
Racquetball Facilities
: 5 spaces per court.
Indoor
Skating Rinks
: 2.4 spaces per 1,000 square
feet of building GFA.
Other Uses
: Requires parking demand study
37
per subsection18.42.040.010.0108.
Miniature Golf Course
: 20 spaces per course,
plus 1 per each employee.
RecreationCommercial
Outdoor
Other Uses
: requires parking demand study
per paragraph18.42.040.010.0108.
Requires parking demand study per
RecreationLow-Impact
paragraph 18.42.040.010.0108.
Swimming Facilities
: requires parking demand
RecreationSwimming
study per paragraph18.42.040.010.0108.
& Tennis
Tennis Courts
: 5 spaces per court.
Recycling Services0 space (spaces are required for host use(s)
Consumer only).
Recycling Services1.55 spaces per 1,000 square feet of building
General GFA.
Recycling Services
1.55 spaces per employee.
Processing
5.5 spaces per 1,000 square feet of GFA for
Repair Servicesfirst 100,000 square feet, plus 4.5 spaces per
General 1,000 square feet of GFA over 100,000 square
feet.
5.5 spaces per 1,000 square feet of GFA for
Repair Servicesfirst 100,000 square feet, plus 4.5 spaces per
Limited 1,000 square feet of GFA over 100,000 square
feet.
4 spaces per 1,000 square feet of GFA for
buildings of 3 stories or lower; 3 spaces per
Research &
Development 1,000 square feet of GFA for buildings of more
than 3 stories.
Drive-In, Drive- Through, Fast-Food
: 10
spaces per 1,000 square feet of GFA.
Take-Out (not to exceed a cumulative
RestaurantsGeneral
maximum total of twenty seats for
patrons)
: 5.5 spaces per 1,000 square feet of
GFA.
8 spaces per 1,000 square feet of GFA if
RestaurantsFull
integrated into a planned development
Service
complex; 15 spaces per 1,000 square feet of
GFA, if not integrated into a planned
38
development complex.
8 spaces per 1,000 square feet of GFA, if
integrated into a planned development
RestaurantsOutdoor
complex; 15 spaces per 1,000 square feet of
Dining
GFA, if not integrated into a planned
development complex.
RestaurantsTake-Out 5.5 spaces per 1,000 square feet of GFA.
RestaurantsWalk-Up 16 spaces per 1,000 square feet of GFA.
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.
Retail SalesGeneral
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.
1 space per 25 square feet of GFA or 3 spaces
per facility, whichever results in a greater
Retail SalesKiosks
number of parking spaces.
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
Retail SalesOutdoor
per each employee engaged in the outdoor
operation, whichever results in a greater
number of parking spaces.
5.5 spaces per 1,000 square feet of GFA for
Retail SalesUsed first 100,000 square feet, plus 4.5 spaces per
Merchandise 1,000 square feet of GFA over 100,000 square
feet.
1 space for each bedroom, plus 1 space for
each nonresident employee, plus 1 space for
visitors (for purposes of this provision,
Room & Board
"Bedroom" means any room designed,
intended or primarily used for sleeping
purposes).
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
Self-Storage Facilities
unloading areas as required by the Planning
Services Manager or his/her designee.
Primarily Live Performance
Sex-Oriented : 10 spaces per
39
Businesses 1,000 square feet of GFA.
Primarily Book or Video Store
: 5.5 spaces per
1,000 square feet of GFA.
StudiosBroadcasting 2.5 spaces per 1,000 square feet of GFA.
StudiosRecording 2.5 spaces per 1,000 square feet of GFA.
4 spaces per 1,000 square feet of building
Towing Services
GFA, plus spaces for tow trucks.
Requires parking demand study per
Transit Facilities
paragraph 18.42.040.010.0108.
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
Truck Repair & Sales
per 1,000 square feet of building GFA for
parts, sales, storage and repair use.
Requires parking demand study per
UtilitiesMajor
paragraph 18.42.040.010.0108.
UtilitiesMinor None required.
5.5 spaces per 1,000 square feet of GFA for
first 100,000 square feet, plus 4.5 spaces per
Veterinary Services
1,000 square feet of GFA over 100,000 square
feet.
1.55 spaces per 1,000 square feet of GFA,
which may include a maximum of 10% office
Warehousing & space, plus, if the percentage of office space
StorageEnclosed exceeds 10% of the GFA, 4 spaces per 1,000
square feet of GFA for the floor area in excess
of 10%.
0.4 spaces per 1,000 square feet of outdoor
storage area (excluding vehicle accessways),
plus 1.55 spaces per 1,000 square feet of GFA
Warehousing & (which may include a maximum of 10% office
StorageOutdoors 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%.
1.55 spaces per 1,000 square feet of building
Wholesaling
GFA.
40
SECTION 17.
That Subsection .020 of Section 18.46.055 (Artificial Turf Standards) of Chapter
18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read in full as follows:
.020 Artificial Turf Design/ Quality Standards.
.0201 Materials. Artificial turf shall be of a type known as cut pile infill and shall be
manufactured from polypropylene, polyethelene, or a blend of polypropylene and polyethleyene
fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole-
punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed
four inches by six inches on center.
.0202 Installation. Artificial turf shall be installed over a compacted and porous
road base material and shall be anchored at all edges and seams. Seams shall be glued and not
sewn. An infill medium consisting of ground rubber, ground coal slag, clean washed sand and
ground rubber, clean sand or other approved mixture shall be brushed into the fibers to insure
that the fibers remain in an upright position and to provide ballast that will help hold the turf in
place and provide a cushioning effect. Artificial turf must consist of pile fibers a minimum
height of 1-3/4" and a proper drainage system shall be installed underneath the turf to prevent
excessive run-off or pooling.
.0203 Slope Restrictions. The installation of artificial turf on slopes greater than six
point six percent (6.6%) shall require the approval of the City Engineer and shall meet
requirements of the Public Works Department.
.0204 General Appearance. Artificial turf shall be installed and maintained to
effectively simulate the appearance of a well-maintained lawn. The Planning Department shall
maintain and make available for public inspection a sample of various artificial turf products that
meet this standard of appearance.
.030 Prohibited uses. The use of indoor or outdoor plastic or nylon carpeting as a
replacement for artificial turf or natural turf shall be prohibited.
SECTION 18.
That Subsection .050 of Section 18.46.100 (All Vegetation) of Chapter 18.46
(Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read in full as follows:
.050 Landscaping Setbacks in Front Yard. Live landscaping or artificial turf shall occupy
no less than fifty percent (50%) of required front yards for single-family homes. Conversion of
landscaped front yards into driveways that would reduce the landscaped areas to less than fifty
percent (50%) is prohibited without the approval of the Planning Director. Bark chips, mulch,
gravel, pavers and stones shall not be counted as landscaping. Landscaping Within the Front
Setback in Single-Family Residential Zones. In order to maintain attractive front yards, the
41
following landscape requirements shall apply to required front setback areas in all Single-Family
Residential Zones:
.0501 Landscaping shall be provided within required front setback areas, excepting (i)
permitted driveway locations illustrated in Planning Standard (Driveway Locations for Single-
Family Residences), and (ii) walkways leading to front doors and/or side and rear
yards. Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the
required front setback area.
.0502 Landscaping shall consist of live plant materials (e.g., trees, grasses, plants,
shrubs, flowers, etc.) or artificial turf, and may include earth tone decorative organic or inorganic
materials (e.g., bark, mulch, decomposed granite, rocks, etc.).
.0503 Live plant materials or artificial turf shall be used as the primary ground cover,
with the use of decorative organic or inorganic materials limited to pathways, landscape borders,
and complementary decorative features.
.0504 Live plant materials shall be provided in a quantity and manner resulting in a
minimum of 75% live plant material coverage within the required landscape area at maturity.
SECTION 19.
That Table 46-A (Required Fences and Walls) and Table 46-B (Permitted Fences
and Walls) of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46
(Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same are
hereby, amended to read in full as follows:
Table 46-A
Required Fences and Walls
Zones
Single-Multiple- Public and
Special
Family Family Commercial Industrial Special-
Provisions
Residential Residential Purpose
Enclosing Outdoor Storage
Subject to
6-8 feet
§ 18.38.200(Outdoor
high fence
Not Not Not Not Storage) and
or
applicable applicable applicable applicable §18.46.110.090
masonry
(Enclosure of Outdoor
wall
Uses)
Separating Zones
42
"OS": None;
"PR": 6
Abutting 6-8 feet 8 feet feet; "T": 6 May be a combination
8 feet
Single-decorative decorative feet, except of a masonry wall and
decorative
Family None masonry masonry if developed berm; subject
masonry
Residential wall or wall or with single-to §18.46.110.060
wall or berm
Zone berm berm family (Front Yards)
residential;
"SP": 6 feet
"OS": None;
"PR": 6
Abutting 6-8 feet 8 feet feet; "T": 6 May be a combination
8 feet
Multiple- decorative decorative feet, except of a masonry wall and
decorative
Family masonry None masonry if developed berm; subject
masonry
Residential wall or wall or with single-to §18.46.110.060
wall or berm
Zone berm berm family (Front Yards)
residential;
"SP": 6 feet
8 feet 8 feet May be a combination
"OS": None;
decorative decorative of a masonry wall and
Abutting "PR": None;
masonry masonry None None berm; subject
Commercial "T": 6 feet;
wall or wall or to §18.46.110.060
"SP": None
berm berm (Front Yards)
6-8 feet 6-8 feet May be a combination
"OS": None;
decorative decorative of a masonry wall and
Abutting "PR": None;
masonry masonry None None berm; subject
Industrial "T": 6 feet;
wall or wall or to §18.46.110.060
"SP": None
berm berm (Front Yards)
Abutting
6 feet 6 feet None 6 feet None
Mixed Use
8 feet solid
wall or
8-foot "OS": None; May be a combination
berm 8-foot
Abutting decorative "PR": 6 of a masonry wall and
abutting decorative
Residential None masonry feet; "T": 6 berm; subject to
single-masonry
Uses wall or feet; "SP": 6 §18.46.110.060 (Front
family wall or berm
berm feet Yards)
residential
uses
6-8 feet
Subject to
Height
§ 18.40.090(Sound
determined
None,
Attenuation for
6-8 feet
by approval
Adjacent to except for
Residential
decorative
authority
Freeways & None None residential
Developments) and
masonry or
based on
Toll Roads uses in "T"
subject
berm
sound
Zone: 6 feet
to §18.46.110.040
attenuation
(Residential Areas
study;
Adjacent to Major
decorative
43
masonry or Rights-of-Way)
berm wall
Vines required on
6-8 feet
fencing; and subject to
Height
§18.46.110.040
determined 6-8 feet 6-8 feet 6-8 feet
(Residential Areas
by approval decorative decorative decorative
Adjacent to Major
authority masonry or masonry masonry or
6-8 feet Rights-of-Way) and
Abutting based on berm, or berm, berm,
decorative §18.46.110.050.0502
Railroads sound chainlink* chainlink* chainlink*
masonry (Permitted Use of
attenuation interwoven interwoven interwoven
Chainlink Fencing)
study; with PVC with PVC with PVC
*chainlink only where
decorative slats* slats slats
fence is not visible to
masonry
public right-of-way
wall
other than railroads
Notes on Table 46-A:
1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential.
2. Properties zoned "T," which are not developed with a residential use, shall not be treated as residential.
Table 46-B Permitted Fences and Walls
Zones
Single-Multiple- Public and
CommercialIndustrialSpecial Provisions
Family Family Special-
ResidentialResidentialPurpose
Within Required Front or Street Setbacks
3 feet,
*Subject to
except as
§18.46.010.060.0602 (Front
provided
3 feet to 6
Yards)
herein
3 feet, 3 feet, 3 feet,
feet**,
**3 feet in min.
landscaped
6 feet in except as except as except as
Maximum
except as
setback, 6 feet decorative and
Height RH-1 provided provided provided
provided
landscaped wrought iron at back
Zone*, herein herein herein
herein
of min. landscaped setback; see
except as
also § 18.46.110.060
provided
(Front Yards)
herein
No
barbed
wire
No
where
No barbed No barbed No barbed
barbed
Material
visible to
wire or wire or wire or
Limitations wire or
public
chain link chain link chain link
chain link
right-of-
way (excl.
alleys) or
non-
44
industrial
property
Within
Maximum Maximum Maximum Maximum Maximum Subject to
Vacant Lots
6 feet 6 feet 8 feet chain 8 feet 8 feet §18.46.110.050.0501
&
chain link chain link link chain link chain link (Permitted Use of Chain Link
Construction
permitted permitted permitted permitted permitted Fencing)
Sites
Maximum
8 feet
Height
Abutting determined
Subject to §18.46.110.060
arterial by
(Front Yards) and Chapter
highways or approval N/A N/A N/A N/A
18.62(Administrative
scenic authority
Reviews)
expressways based on
sound
attenuation
study
Within Required Side, Rear, or Interior Setbacks
All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in all
zones
Additional Fencing:
Maximum 8 feet, if residence abuts non-
6 feet 6 feet 6 feet 6 feet 6 feet
Height residential use
No barbed
wire
No
barbed
No chain
wire
No barbed No barbed No
link, if
Permitted
wire or wire or visible to barbed
visible to
Material
chain link chain link public wire
public
right-of-
right-of-
way
way other
than alley
10 feet
chain link, 10 feet
10 feet 10 feet
but not in chain
Tennis, chain link, chain link,
front yard link, but
Paddleball, but not in but not in None
and street not in
etc. street street
side of street
setback setback
reverse setback
corner lot
Abutting Maximum
Maximum Maximum Maximum Maximum
arterial 8 feet
8 feet 8 feet 8 feet 8 feet
highways or Height
45
scenic determined
expressways by
approval
authority
based on
sound
attenuation
study
Abutting
Public
6-8 feet 6-8 feet 6-8 feet 6-8 feet 6-8 feet Subject to §18.46.110.080
Alleys
Notes on Table 46-B:
1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential.
2.
SECTION 20.
That Subsection .010 of Section 18.46.120 (Required Landscaped Treatment of
Fences, Walls and Trash Enclosures) of Chapter 18.46 (Landscaping and Screening) of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows:
.010 Required Landscaping. All fences, walls and trash enclosures containing solid
surfaces which are visible from any public right-of-way or private street shall be planted with
either clinging non-deciduous vines or fast-growing shrubbery that will screen the fence or wall
surface so as to minimize graffiti opportunities. The use of artificial vines shall be allowed in lieu
of live vines, provided that such vines maintain a
screening required by this Section.
SECTION 21.
That Section 18.46.130 (Required Landscaped Treatment of Building Walls in
Commercial, Industrial or Public and Special-Purpose Zones) of Chapter 18.46 (Landscaping
and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended
to read in full as follows:
18.46.130 REQUIRED LANDSCAPED TREATMENT OF BUILDING WALLS IN
COMMERCIAL, INDUSTRIAL OR PUBLIC AND SPECIAL-PURPOSE ZONES.
Building walls that are visible to a public right of way, including freeways and railroad corridors,
shall be planted with shrubs or non-deciduous vines in accordance with
Subsection 18.46.120.020.0202. This requirement shall only apply to walls that are located
46
within 75 feet of such rights of way and landscaped treatment is not required in areas where it
would obscure the visibility of a door or window. The use of artificial vines shall be allowed in
rovide the level of
screening required by this Section. The Planning Director is authorized to waive this
requirement if the property owner is able to provide an equally effective screening method by
alternate means. This requirement shall apply to all properties located within a Commercial,
Industrial, or Public and Special-Purpose zone.
SECTION 22.
That Subsection .060 of Section 18.56.040 (Nonconforming Structures) of
Chapter 18.56 (Nonconformities) of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read in full as follows:
.060 Removal of Building. Except as provided in this section, if a nonconforming structure
is removed, subsequent structures shall conform to the provisions of this title.
.0601 Removal and Reconstruction of Structures Accessory to Historic Residences. If a
structure, accessory to a historic residence (as identified on a list maintained by the
Neighborhood Preservation Division of the Community Development Planning Department) is
removed, replacement structures or portions thereof may be reconstructed in their original
location, subject to review and approval by the Planning Director. Approval shall be subject to
the following requirements:
.01 Verification that the accessory structure to be replaced was in existence a
minimum of forty (40) years prior to the request for reconstruction must be provided by the
submittal of one or more of the following documents:
(a) Sanborn map
(b) County Assessor documents
(c) Historical photographs of the accessory structure
(d) Other similar, pertinent historical records
.02 That the reconstruction shall be similar to or listed in Section 18.04.030 (Uses.
Single-Family Residential Zones), Table 4-B (Accessory Uses and Structures. Single-Family
Residential Zones) or in Section 18.04.100 (Structural Setbacks. Single-Family Residential
Zones), Table 4-J (Permitted Encroachments for Accessory Uses/Structures: Single-Family
Residential Zones).
.03 The reconstruction must be located on the same property as the historic single-
family residence.
.04 The reconstruction will not add additional dwelling units.
.05 The reconstruction shall be subject to the approval of the Neighborhood
Preservation Division of the Community Development Planning Department.
47
SECTION 23.
That Subsection .020 of Section 18.60.150 (Scope of Review) of Chapter 18.60
(Procedures) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to
read in full as follows:
.020 When multiple discretionary land use applications are submitted for concurrent
Planning Commission review and approval, and one or more of such applications requires City
Council review and approval in conjunction with a noticed public hearing, all such applications
shall be subject to full review and approval by the City Council as the granting authority.
SECTION 24.
That Section 18.60.170 (Extension of Time to Comply with Conditions of
Approval) of Chapter 18.60 (Procedures) of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read in full as follows:
18.60.170 EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL.
The approved time period to satisfy conditions of approval to establish an approved use or
structure may be extended at the discretion of the appropriate approval authority Planning
Director.
.010 Application. Requests for extensions of time to comply with conditions of approval
shall be made in writing, within six (6) months following the expiration date, and shall be
accompanied by an application form and the appropriate filing fee. Upon application for
extension of time, the expiration of the permit shall be stayed until a formal action has been
taken on the extension request.
.020 Required Findings. Before granting any request for an extension of time to comply
with conditions of approval, the approval authority Planning Director shall make a finding of
fact, by motion written notification, that all of the following findings exist. In the case of the
Planning Director, the findings of fact shall be made by written notification.
.0201 The extension of time will not extend the approval beyond two (2) extensions,
with each extension not to exceed one (1) year, or any greater or lesser time increment specified
in the original resolution, or written decision if approved by the Planning Director.
.0202 The approved project remains consistent with the General Plan and the zone
district designation for the property.
.0203 Either no code amendments have occurred that would cause the approval to be
inconsistent with this title, or the petitioner has: (i) submitted revised plans demonstrating that
the approved project can be modified to bring it into conformance with such code amendments;
and (ii) agreed to modify the project to conform to such code amendments.
.0204 The subject property is being maintained in a safe, clean and aesthetically
pleasing condition, with no unremediated code violations on the property, as confirmed by an
inspection of the subject property by the Community Preservation Division. Cost of inspection
48
is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code
Community Preservation Officer Inspection and Reinspections - Fees) of the Anaheim
Municipal Code, and shall be paid by the applicant prior to consideration of the extension
application by the approval authority Planning Director.
.0205 No additional information or changed circumstances are present which contradict
the facts necessary to support one or more of the required findings for the original approval of
the project.
.030 Start of Approval Term. The new approval term shall begin immediately after the
original expiration date.
.040 Appeals. The decision on an extension of time may be appealed to the appropriate
appeal authority, in accordance with the appeal procedure in this chapter.
SECTION 25.
That
(Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to
read in full as follows:
18.92.060 "C" WORDS, TERMS AND PHRASES.
-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).
California Massage Therapy Council.
A freestanding, roof-like structure without enclosing walls, supported by columns,
poles or braces extending from the ground.
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.
A permanently roofed structure with not more than two (2) enclosed sides, used, or
intended to be used, for automobile shelter and storage.
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.
representative.
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
49
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.
f Anaheim.
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.
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.
specifically mentioned.
interconnection with other devices for playing electronic games.
A business establishment which, for
compensation, provides for public use ten (10) or more of 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 commonly known variously as PC (personal computer) cafes or zones,
Internet cafes or zones, cyber cafes or cyber centers or similar descriptions or uses 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.
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.
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.
A market or grocery store having an enclosed gross floor area of less
than ten 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-
50
sale alcoholic beverages and similar items. Food items may be cooked or heated, but not
consumed, on the premises.
nolo
contendere.
A place of confinement, usually in the form of a cage or small enclosure, used in
conjunction with the keeping of animals.
A yard that is enclosed to adequately confine animals.
An admission fee imposed upon patrons, including advanced prepayment for
meals and similar fees.
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.
SECTION 26.
That Section 18.92.260 (, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to
read in full as follows:
18.92.260 "W" WORDS, TERMS AND PHRASES.
See "Variance."
Any room or area of a room used, intended or designed to be used, for the
occasional preparation of food. A wet bar may include a single sink or basin, bar height
refrigerator, bar height cabinets and hookups for cold water. This definition does not include
amenities such as multiple basin sinks, full height refrigerators, hot water hookups, above
counter cabinets, cooking apparatus including, but not limited to, stoves, ranges, hot tops, and
microwaves, or any other amenities that would comprise a kitchen.
ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic
beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from
the particular agricultural product or products of which the wine is made and other rectified wine
products and by whatever name and which does not contain more than 15 percent added
flavoring, coloring, and blending material and which contains not more than 24 percent of
alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.
for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of
wine within the City.
51
A store that sells merchandise through the
County of Orange Women, Infant and Children (W.I.C.) program, and does not include fast-food
services or other services separate from typical W.I.C. transactions.
SECTION 27.
That Table 116-C (Primary Uses and Structures: C-R District (Development Area
1) of Section 18.116.070 (Uses Commercial Recreation (C-R) District (Development Area 1))
of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development
Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to
read in full as follows:
P Permitted by Right
Table 116-C
C Conditional Use Permit
PRIMARY USES AND
N Prohibited
STRUCTURES: C-R DISTRICT
T Telecommunications Antenna Review
(DEVELOPMENT AREA 1)
Permit Required
Classes of Uses C-R District Special Provisions
Agricultural crops P
Except as permitted subject to
Alcoholic Beverages
Section 18.116.070.090 or as an accessory
N
use incidental to and integrated within a hotel
Off-Sale
or motel.
Alcoholic Beverages
P
On-Sale
Ambulance Services N
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
Amusement parks,
owned or under the lawful possession or
theme-type
control of the person or entity owning or
C
complexes, aviaries,
controlling said animals or birds. Further, no
zoos
animals or birds shall be confined closer than
forty (40) feet from any building used for
human habitation, including hotel or motel
rooms, and no closer than forty (40) feet from
any property line. Conditional use permits
for the keeping of animals and birds shall
specify the maximum number and type of
52
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.
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
Animal Boarding C
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 shall require either an
amendment to said conditional use permit or
a new conditional use permit.
Animal Grooming N
Antennas
C
Broadcasting
Stealth facilities integrated within a building
are permitted subject to
Antennas
Section 18.38.060 and Section 18.62.020.
T
Telecommunications
Freestanding ground-mounted facilities
including stealth facilities are not permitted.
Shall be located wholly within a building or
Automated Teller within a hotel complex in a location not
P
visible from the public right-of-way. Subject
to Section 18.36.040.
Car sales are prohibited. Automotive Rental
Automotive Vehicle
not otherwise permitted by Table 116-D
N/C
Sales, Lease & Rental
requires a conditional use permit.
Automotive Parts
N
Sales
Automotive Public Parking lots or parking structures/garages not
C
Parking otherwise permitted by Table 116-D.
Automotive Repair
N
and Modification
Subject to requirements of
Automotive Service
Section 18.38.070 (Automotive Service
C
Station
Stations) and subsection 18.116.070.090.
53
Automotive In conjunction with an Automotive Service
C
Washing Station only.
Table 116-C P Permitted by Right
PRIMARY USES AND C Conditional Use Permit
STRUCTURES: C-R N Prohibited
DISTRICT (DEVELOPMENT T Telecommunications Antenna Review
AREA 1) Permit Required
Classes of Uses C-R District Special Provisions
Bars &
C
Nightclubs
Bed and Breakfast
N
Inns
Beekeeping N
As defined in subsection 18.116.160.010
Billboards N
(Definitions Pertaining to Signs).
Boat and RV
N
Sales
Building and
N
Material Sales
Cemeteries N
Including commercial retail centers, strip
shopping centers, mini-malls and other shopping
Commercial retail centers not in conformance with the requirements
N
centers of a Specialty Center, as defined in
Section18.116.030 (Definitions) and detailed
within this table (Table 116-C).
Community and
Religious
C
Assembly
Computer Internet
& Amusement CN
Facilities
Convalescent &
N
Rest Homes
54
Convenience
N Except as allowed by Section 18.116.070.090.
Stores
Conversion of
Except a caretaker/manager unit may be provided
hotels or motels to
as specified in Table 116-D, or vacation
semi-permanent N
ownership resorts as detailed within this table
or permanent
(Table 116-
living quarters
P Permitted by Right
Table 116-C
C Conditional Use Permit
PRIMARY USES AND
N Prohibited
STRUCTURES: C-R DISTRICT
T Telecommunications Antenna Review
(DEVELOPMENT AREA 1)
Permit Required
Classes of Uses C-R District Special Provisions
Dance & Fitness
N
Studios Large
Permitted by right as an accessory use
Dance & Fitness
incidental to and integrated within a hotel or
N
Studios Small
motel
Permitted by right as an accessory use
Day Care Centers N incidental to and integrated within a hotel or
motel
Drive-Through
N
Facilities
Single-family or multiple-family, except
caretaker/manager units allowed as an
Dwelling units N
accessory use integrated within a hotel, motel
or vacation ownership resort.
Educational
Institutions C
Business
Educational
Institutions
C
General
Emergency
C
Medical Facilities
55
Entertainment
C
Venue
Equipment Rental
N
Large
Equipment Rental -
N
Small
Golf Courses &
C
Country Clubs
Group Care
N
Facilities
Headshop N
Heliport N As defined in Chapter 18.92 (Definitions).
As defined in Chapter 18.92 (Definitions) shall
Helistop C be located a minimum of one thousand (1,000)
feet from any residentially zoned property.
Hotels and motels
located north of
P Including suite type hotels
Orangewood
Avenue
Hotels and motels
located south of C Including suite type hotels
Orangewood
Hospitals N As defined in Chapter 18.92 (Definitions).
Markets Large N
Markets Small N
Medical & Dental
N
Offices
Except as otherwise permitted by
Section 18.116.120 (Mobile Home Park (MHP)
Overlay) for parcels encompassed by the MHP
Overlay as identified on Exhibit 3.3.2a of the
Mobile home parks N
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.
56
Mortuaries N
Nonconforming
Structures and Uses Provided that the expansion brings the use
Expansion of C and/or structure into greater conformity with
nonconforming the intent of the Specific Plan.
uses and structures
P Permitted by Right
Table 116-C
C Conditional Use Permit
PRIMARY USES AND
N Prohibited
STRUCTURES: C-R DISTRICT
T Telecommunications Antenna Review
(DEVELOPMENT AREA 1)
Permit Required
Classes of Uses C-R District Special Provisions
Provided that the improvements are in
substantial conformance with the building
envelope, do not adversely impact any
adjacent parcels and are in conformance with
the Design Plan.
Nonconforming
Structure Facade
improvements not
P
If the Planning Director determines that
exceeding 5% of the
adverse impacts would occur from the
building floor area
improvements or if the improvements are not
in substantial conformance with the building
envelope, the plans shall be referred to the
Planning Commission as a conditional use
permit.
Nonconforming
Structure
C
Facade improvements
exceeding 5% of the
building floor area
Nonconforming
Structure Office
uses in a legal C
nonconforming
building
Non-publicly operated
C Including exhibition halls and auditoriums
convention centers
Office buildings when accessory to, and
Offices
C
integrated as part of, an on-site permitted
Development
primary or when located in a legal
57
nonconforming building.
Office buildings when accessory to, and
integrated as part of, an on- site permitted
Offices General C
primary or when located in a legal
nonconforming building
Oil Production N
Outdoor storage yards N Except as otherwise permitted in this Zone
Permitted by right as an accessory use
Personal Services
N incidental to and integrated within a hotel or
General
motel
Personal Services
N
Restricted
Plant Nurseries N
Public Services C
Recreation Buildings and Structures, as
defined by Section18.116.030, are permitted
Recreation Billiards C
by right as an accessory use incidental to and
integrated within a hotel or motel
Recreation Buildings and Structures, as
Recreation defined by Section18.116.030, are permitted
C
Commercial Indoor by right as an accessory use incidental to and
integrated within a hotel or motel
Recreation Buildings and Structures, as
defined by Section18.116.030, are permitted
Recreation
C
Commercial Outdoor by right as an accessory use incidental to and
integrated within a hotel or motel
Recreation Buildings and Structures, as
Recreation Low defined by Section18.116.030, are permitted
C
Impact by right as an accessory use incidental to and
integrated within a hotel or motel
Recreation Buildings and Structures, as
Recreation defined by Section18.116.030, are permitted
C
Swimming & Tennis by right as an accessory use incidental to and
integrated within a hotel or motel
Table 116-C P Permitted by Right
58
PRIMARY USES AND C Conditional Use Permit
STRUCTURES: C-R N Prohibited
DISTRICT T Telecommunications Antenna Review
(DEVELOPMENT AREA 1) Permit Required
Classes of Uses C-R District Special Provisions
Recreational Limited to use for short-term visits, not to exceed
vehicle and 30 days in any calendar year, by tourists and
C
campsite parks visitors.
Recycling
Services N
General
Recycling
Services
N
Processing
Repair Services
N
General
Repair Services
N
Limited
Research &
N
Development
Restaurants
P Enclosed and with outdoor dining
General
Restaurants
N
Drive-through
Restaurants with
accessory
Pursuant to and as defined in Chapter
entertainment C
18.92 (Definitions)
with cover
charge
Permitted by right as an accessory use incidental
Retail Sales
to and integrated within a hotel or motel or subject
N
General
to the requirements for a specialty retail center
Permitted by right as an accessory use incidental
Retail Sales to and integrated within a hotel or motel or as part
N
Kiosk of a conditional use permit for a specialty retail
center
Retail Sales
N
Outdoor
59
Retail Sales
Used N
Merchandise
Room & Board N
Self Storage N
Sex-oriented
N As defined in Chapter 18.92 (Definitions)
businesses
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)
(d) Plazas and/or other pedestrian-oriented
amenities
forth in the Design Plan; and,
Specialty retail
C
centers
(e) Land uses may include, but need not be
limited to: custom print and art shops; souvenir,
gift, and/or novelty shops; toy shops; hobby shops;
photo supply shops; clothing stores; confectionery
shops, including candy stores, ice cream parlors,
baked goods (e.g., cookies, muffins, etc.) for on-
premises sale or consumption; floral shops;
luggage and accessory shops; jewelry stores; sale
of beer and wine for off-premises consumption;
sale of alcoholic beverages for on-premises
consumption; entertainment facilities; and
amusement arcades, subject to the provisions of
Section 18.16.050 (Amusement Devices). A
complete listing of proposed uses shall be
submitted with every conditional use permit
application.
P Permitted by Right
Table 116-C
C Conditional Use Permit
PRIMARY USES AND
N Prohibited
STRUCTURES: C-R DISTRICT
T Telecommunications Antenna Review
(DEVELOPMENT AREA 1)
Permit Required
60
Classes of Uses C-R District Special Provisions
Structures within one hundred and fifty (150)
feet of any single-family residential zone
boundary (other than property under a
resolution of intent to any commercial zone),
or, for property located south of Orangewood
Avenue, within one hundred and fifty (150)
feet of any multi-family residential zone
Structures Height
boundary (other than property under a
exceeding 1/2 the
resolution of intent to any commercial zone),
distance from the
or property within the Specific Plan area
building or structure
C encompassed by the MHP Overlay as shown
to a single- family,
on Exhibit 3.3.3 (Mobile Home Park (MHP)
multi-family and/or
Overlay) exceeding a height equal to one-
MHP Overlay zone
half (1/2) the distance from said building or
boundary.
structure to said zone or overlay
boundary. Dedicated streets shall be
included in calculating distance. Heights
shall not exceed the maximum heights
defined in Section 18.40.080 (Structural
Height limitation - Anaheim Commercial
Recreation Area).
Structures Height
Limits exceeding the
maximum heights
defined in Section
N
18.40.080 (Structure
Height Limitation
Anaheim Commercial
Recreation Area).
Interior setbacks less than two (2) times the
height of any proposed building or structure
when such building or structure is within one
hundred and fifty (150) feet of any single-
family residential zone boundary (other than
property under a resolution of intent to any
commercial zone), or, for property located
Structures Interior
N south of Orangewood Avenue, within one
Setbacks
hundred and fifty (150) feet of any multi-
family residential zone boundary (other than
property under a resolution of intent to any
commercial zone), or property within the
Specific Plan area encompassed by the MHP
Overlay as shown on Exhibit 3.3.3 (Mobile
Home Park (MHP) Overlay).
Studios Including accommodations for
C
Broadcasting filming/taping in front of live audiences.
Studios Recording C
Including accommodations for
61
filming/taping in front of live audiences.
Permitted only in conjunction with
Towing Services C
Automotive Service Station.
As defined in subsection 18.116.030
Transportation facility C
Words, Terms and Phrases) of this chapter.
Truck Repair & Sales N
Table 116-C P Permitted by Right
PRIMARY USES AND C Conditional Use Permit
STRUCTURES: C-R N Prohibited
DISTRICT T Telecommunications Antenna Review
(DEVELOPMENT AREA 1) Permit Required
Classes of Uses C-R District Special Provisions
Uses or activities not specifically listed in this
chapter which are inconsistent or incompatible
N
with the intended purpose of the Specific Plan are
prohibited.
Uses or
activities not
Uses or activities not specifically listed or
listed
prohibited in this chapter may be established by
conditional use permit when determined by the
C
Planning Commission to be consistent and
compatible with the intended purpose of the
Specific Plan.
Vacation Subject to compliance with the requirements of
ownership C Section18.116.150 (Requirements for Vacation
resorts Ownership Resorts)
Veterinary
N
Services
Warehousing &
Storage N
Enclosed
Wholesaling N
62
SECTION 28. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance, hereby adopted, be declared
for any reason to be invalid by the final judgment of any court of competent jurisdiction, it is the
intent of the Council that it would have passed and adopted all other portions of this ordinance
independent of the elimination here from of any such portion as may be declared invalid.
SECTION 29. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 30. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the ____ day of ______________, 2015, and
thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2015, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
63
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net