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