Loading...
51564119961 7JUS I ORDINANCE NO. 5156 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 18.48 OF, ADDING NEW CHAPTER 18.48 TO, AND AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF VARIOUS OTHER CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 18.48 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.48 'C-R' COMMERCIAL RECREATION ZONE 18.48.010 DESCRIPTION AND PURPOSE. This zone recognizes the uniqueness of the Commercial Recreation Area as a family-oriented tourist center destination and encourages facilities catering to tourist and convention -related events. This zone is intended to provide for and encourage the development of integrated facilities in attractive settings for retail businesses directly related to entertaining, lodging and supplying services to tourists and visitors. This zone is further intended to preserve locally recognized values of community appearance; to safeguard and enhance property values in the Commercial Recreation Zone; to protect public investment in, and the character of, public thoroughfares; and to aid in the attraction of tourists and other visitors important to the economy of the City. 18.48.015 PERMITTED USES AND STRUCTURES - GENERAL. Notwithstanding any other provisions of this Chapter, the following additional limitations shall apply to the conduct of any use permitted in this zone: .010 All uses except service stations, automobile parking lots, semi -enclosed restaurants, or as otherwise exempted in this Chapter, shall be conducted wholly within a building. .020 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, gas, vibrations or other similar causes detrimental to the public health, safety or general welfare. .030 All stores shall deal primarily in new merchandise, excepting as otherwise specified in this Chapter. 18.48.020 PERMITTED PRIMARY USES AND STRUCTURES. Subject to the limitations prescribed in Section 18.48.015 entitled 'PERMITTED USES AND STRUCTURES -- GENERAL' of this Chapter, the following buildings, structures and uses, either singly or in combination, shall be permitted in this zone: .010 Hotels and Motels, including suite -type hotels, not exceeding (i) seventy-five (75) feet in height or six (6) stories, whichever is less, and (ii) seventy-five (75) rooms in one or more buildings within the same hotel or motel complex of buildings on the same parcel or adjacent parcels. .020 Restaurants (enclosed), with or without sale of alcoholic beverages for on -premise consumption, as defined in Section 18.01.190 entitled " R' WORDS, TERMS AND PHRASES' of this Code. Restaurants allowed as permitted uses shall be full service establishments. Such establishments shall provide take-out service only as a limited, ancillary function. 18.48.030 PERMITTED ACCESSORY USES AND STRUCTURES. .010 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use: .0101 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of a primary use. .0102 Automobile/vehicle parking lots, or structures providing off-street parking spaces, as required by this Code for uses permitted under this Chapter. .0103 Confectionery shops, including candy stores, ice cream parlors, and establishments selling baked goods (including, but not limited to, cookies and muffins) for on -premise sales only (not on -premise consumption). 070590 A .0104 Sales of alcoholic beverages for on -premise consumption. .0105 Signs as permitted pursuant to Section 18.48.090 entitled 'SIGN REGULATIONS -ADVERTISING AND IDENTIFICATION' of this Chapter. .020 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use, excluding restaurants, and as otherwise limited herein: .0201 Amusement arcades, integrated within a hotel or motel only, with no public access directly from the exterior of the building, and subject to the provisions of Chapter 4.14 entitled 'AMUSEMENT DEVICES' of this Code. .0202 Auto rental agency offices, integrated within a hotel or motel only, and with no on-site storage or display of rental cars. .0203 Banking facilities, including automated teller machines. .0204 Barber shops. .0205 Beauty shops. .0206 Book stores, including newspaper and periodical sales. .0207 Clothing stores. .0208 Custom print and art shops. .0209 Day care services, integrated within a hotel or motel only, and limited strictly to the use of the guests and/or employees of such hotel or motel. .0210 Dog and cat kennels, integrated within the permitted primary use and limited strictly to the guests and patrons of such use, provided such kennels shall not be located closer than forty (40) feet from a residentially zoned property. .0211 Drugstores. .0212 Floral shops. .0213 Health spas and physical fitness centers, integrated within a hotel or motel only, and limited strictly to the use of the guests and/or employees of such hotel or motel. 070590 3 i .0214 Jewelry stores. .0215 Laundry and dry cleaning facilities when integrated within a hotel or motel only. .0216 Luggage and accessory shops. .0217 One (1) caretaker/manager residential unit, less than one thousand two hundred twenty-five (1,225) gross square feet in size and integrated within a hotel or motel only, subject to compliance with the parking standards for Multiple -Family Dwellings under Section 18.06.050 entitled 'MINIMUM NUMBER, TYPE AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS' of this Code. .0218 Photo supply shops. .0219 Postal and copy service facilities. .0220 Recreational facilities (including, but not limited to, outdoor playground areas, tennis and racquetball courts, and swimming pools), when integrated as part of a hotel or motel only. .0221 Restaurants (semi -enclosed, walkup and delicatessen only). .0222 Sales of alcoholic beverages for off -premise consumption in conjunction with a hotel or motel. .0223 Shoe repair shops. .0224 Souvenir, gift, and/or novelty shops. .0225 Ticket agencies. .0226 Tobacco shops. .0227 Travel agencies. 18.48.040 PERMITTED TEMPORARY USES AND STRUCTURES. The following temporary buildings, structures and uses shall be permitted subject to the conditions and limitations specified herein: .010 Contractor's Office and/or Storage. Temporary structures including the housing of tools and equipment or containing supervisory offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, provided the 070590 4 time of such use shall not exceed one (1) year unless a request for an extension of time for good cause is approved by the Planning Director. .020 Special Events. The temporary use of premises for promotional events as defined in Section 18.01.200 entitled " S' WORDS, TERMS AND PHRASES' of this Code, including but not limited to promotional or outdoor sales, amusements, such as rides, games, booths, or similar devices, shall be subject to compliance with the provisions of Chapter 4.02 entitled 'SPECIAL EVENTS' of this Code. .030 Temporary Parking Lots. Temporary parking lots, subject to the review and approval of the City Traffic Engineer. 18.48.050 CONDITIONAL USES AND STRUCTURES. Due to the uniqueness of the Commercial Recreation Area as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted in this zone provided a conditional use permit is approved therefor pursuant to, and subject to the conditions and required showings of, Section 18.03.030 entitled 'CONDITIONAL USE PERMITS (C.U.P.'s)--GENERAL' of this Code. Proposed plans for related signage shall be submitted with each conditional use permit application and shall be subject to approval by conditional use permit. .010 Amusement parks, theme -type complexes, aviaries, zoos. Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. .020 Massage establishments, integrated within a hotel or motel only, for which a permit is required 070590 pursuant to Chapter 4.29 entitled 'BATHS, SAUNA BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES' of this Code. .030 Art galleries. .040 Automobile car washes in conjunction with service stations only. .050 Automobile rental agencies with on-site storage and/or display of rental cars whether or not in conjunction with a hotel or motel. .060 Automobile service stations, subject to the requirements of Chapter 18.87 entitled 'ZONING CODE -CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE STATIONS' of this Code (except as certain associated uses are prohibited in this subsection), provided that site development shall be governed by the provisions of the site development standards of the C-R Zone. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property agreeing to remove the structures and underground tanks in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. Under no circumstances shall the following uses be permitted in conjunction with any service station facility: .0601 The sale of alcoholic beverages for on -premise or off -premise consumption. .0602 Convenience markets or mini -markets. .0603 Rental and/or display of utility trailers. .0604 Tow truck operations. .070 Automobile/vehicle parking lots or parking structures not otherwise permitted by paragraph 18.48.030.010.0102 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' of this Chapter. .080 Bowling alleys, including sale of alcoholic beverages for on -premise consumption. .090 Buildings and structures otherwise permitted in this zone (including hotel, motel and suite -type hotels) either (i) exceeding seventy-five (75) feet 070590 6 in height or six (6) stories, or (ii) exceeding seventy-five (75) rooms in one or more buildings within the same complex of buildings on the same parcel or adjacent parcels. Such buildings shall also be subject to the structural height limitations of Map 1124, entitled the 'Anaheim Commercial Recreation Area Height Standard Guideline' as approved by the City Council by Resolution No. 80R-174, which Map is on file in the Planning Department, and which height limitations are incorporated herein by this reference. .100 Churches. .110 Emergency medical facilities. .120 Golf courses, including miniature golf courses. .125 Kitchens or Kitchenettes in hotel or motel rooms. .130 Museums. .140 Non -publicly operated convention centers including exhibition halls and auditoriums. .145 Office buildings when accessory to, and integrated as part of, an on-site permitted primary or conditional use. .150 Outdoor recreational playground areas in conjunction with permitted primary uses and structures. .160 Radio and television studios, which may include accommodations for filming/taping in front of live audiences. .170 Recreational vehicle and campsite parks limited to use for short-term visits, not to exceed thirty (30) days in any calendar year, by tourists and visitors. .180 Restaurants (semi -enclosed, walk-up or fast food only,), except as permitted as an accessory use pursuant to paragraph 18.48.030.020.0221 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' of this Chapter. .190 Signs not otherwise expressly permitted or prohibited in this zone. .200 Skating rinks. 070590 7 .210 Specialty retail centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall consist of a minimum of five (5) acres, have integrated management, and shall have a 'festive theme' orientation, and: .2101 Plazas and/or other pedestrian -oriented amenities shall be part of the center's design as set forth in the Commercial Recreation Area Design Guidelines as hereinafter defined. .2102 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 -premise sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off -premise consumption; sale of alcoholic beverages for on -premise consumption; entertainment facilities; and amusement arcades, subject to the provisions of Chapter 4.14 entitled 'AMUSEMENT DEVICES' of this Code. A complete listing of proposed uses shall be submitted with every conditional use permit application. .220 Theaters, including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters. .230 Transportation terminal stations to facilitate the transfer from automobile or pedestrian travel to bus, train or other forms of mass transit; helistops, as defined in Section 18.01.090 entitled " H' WORDS, TERMS AND PHRASES' of this Code (excluding heliports); provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. .240 Vacation ownership resorts subject to compliance with the requirements of Section 18.48.070 entitled 'REQUIREMENTS FOR VACATION OWNERSHIP RESORTS' of this Chapter. 18.48.060 PROHIBITED USES. The following uses shall be prohibited in this zone: .010 Ambulance services. 070590 8 .020 Any business activity wherein patronage and/or employment is limited to persons eighteen years of age or older as identified in Section 18.89.020 entitled '(ADULT ENTERTAINMENT BUSINESS) DEFINITIONS' of this Code, except as otherwise expressly permitted pursuant to any other provision of this Chapter. .030 Billboards as defined in Section 18.05.020 entitled 'CLASSIFICATION OF SIGNS' of this Code. .040 Bingo Establishments. .050 Cemeteries. .060 Christmas tree sale lots and/or stands. .065 Commercial retail centers, 'strip' shopping centers, mini -malls and other shopping centers not in conformance with the requirements of a specialty retail center, as defined and permitted in Section 18.48.050.210 entitled 'CONDITIONAL USES AND STRUCTURES' of this Chapter. .070 Convenience markets or mini -markets. .080 Conversions of hotels or motels to semi-permanent or permanent living quarters, except for a caretaker/manager unit as specified in subsection 18.48.030.020.0217 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' hereof, or vacation ownership resorts as approved pursuant to subsection 18.48.050.240 entitled 'CONDITIONAL USES AND STRUCTURES' hereof. .090 Drive-in or drive-through restaurants. .100 Headshops. For purposes of this Chapter, a headshop is defined as any commercial enterprise or establishment, whether ongoing or transient, which sells any devices, contrivances, instruments or paraphernalia as defined in Section 7.10.020, subsection (g), entitled '(ADVERTISING, DISPLAY AND SALE OF PARAPHERNALIA TO MINORS) DEFINITIONS' of this Code. .110 Heliports. .120 Hospitals, convalescent homes, rest homes, sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals. .130 Industrial uses. 070590 9 A .140 Kitchens or kitchenettes except as otherwise expressly permitted in this zone. .150 Mobilehome parks, including expansion of existing facilities to increase the number of mobilehome sites. .160 Office buildings, when not accessory to, and integrated as part of, an on-site permitted primary or conditional use. .170 Sale of alcoholic beverages for on -premise consumption and/or off -premise consumption except as otherwise expressly permitted in this zone. .180 Single-family or multiple -family dwelling units except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. .200 Structures originally designed or intended for residential use but used for non-residential purposes. .210 Uses or activities not listed in this Chapter which are inconsistent or incompatible with the intended purpose of this zone. 18.48.070 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. .010. Purpose of Section. The City Council has determined that vacation ownership resorts constitute a commercial use similar to hotel/motel facilities. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the City's tourism -related facilities, special criteria are warranted for the development of vacation ownership resorts in addition to the requirements of the underlying zone. .020. Limits on Occupancy. Occupancy, or right of occupancy, of any vacation ownership resort unit (including different units within the same facility) in a vacation ownership resort facility by a person or entity shall be limited to not more than thirty (30) consecutive days nor more than a total of sixty (60) days during any consecutive twelve (12) month period. Units which do not meet such criteria shall be considered to be residential units and shall be prohibited. 070590 10 i .030. Required Zoning. Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted only in the Commercial Recreation ("CR") zone and subject to obtaining a conditional use permit. The conversion of vacation ownership resorts to residential condominium use is prohibited. .040. Related Uses. Vacation ownership resorts may include other uses, either as accessory uses to the vacation ownership resort use or as independent facilities, so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all City laws and requirements. .050. Development Standards. The development standards established in t e underlying zone designation shall be applicable to vacation ownership resorts and the conversion of existing facilities to vacation ownership resort use. Additional requirements may be imposed as follows: .0501 Setback, height, landscaping, signage requirements and recreational amenities. Additional restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. .0502 Parking. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. .0503 Required facilities. The Planning Commission and/or City Council may require the provision of facilities, amenities, or design features usually associated with hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, and the like) to ensure that the vacation ownership resort will adequately function in the same manner as a hotel/motel facility. .0504 Kitchen facilities suitable for visitors may be permitted by the Conditional Use Permit permitting the vacation ownership resort. .060. Conversion to Vacation Ownership Uses. The following standards shall apply to conversions of existing facilities to vacation ownership resort uses. Any conversion of an existing facility to vacation ownership resort use shall be required to meet the same standards as new facilities. 070590 11 .0601 The conversion of any type of existing unit or facility to vacation ownership resort use shall be subject to the approval of a conditional use permit. Conversion shall be evaluated in terms of the physical suitability of the units or facilities for vacation ownership resort use. Items to be considered shall include the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; the age, condition, and general repair of any recreational facility; and conformance with appropriate building, safety and fire standards. The facility shall be upgraded to mitigate any identified deficiencies. Conversions shall also be evaluated to ensure that the conversion does not create or add to the shortage of the particular type of unit proposed to be converted in the City as a whole or in any particular area of the City. .0602 All facilities converted to vacation ownership resort use shall meet all applicable City requirements, including building, safety, and fire standards. .0603 Conversions which would significantly reduce the overall number of conventional overnight accommodations in the City for visitors shall not be allowed. The effect of the conversion on existing conventional overnight accommodations shall be quantified by means of a survey. The survey shall include a representative sample of the existing unit supply in terms of location, price and type of unit. .070 Information Required for Applications. In addition to any information requirements established by other applicable sections of this Code, the following information shall also be submitted as part of any application to develop or institute a vacation ownership resort: .0701 Typical floor plans for each vacation ownership resort unit type; .0702 The phasing of the construction of the vacation ownership resort use; 070590 12 i .0703 The type of vacation ownership resort method to be used (fee simple, leasehold, tenancy -in -common, license, membership, and the like) and how such use may be created; .0704 The identification of vacation ownership resort intervals and the number of intervals per unit; .0705 Identification of which units are in the vacation ownership resort program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; .0706 A description and identification of any accessory uses which are proposed in conjunction with the vacation ownership resort; .0707 A description of the availability of the vacation ownership resort project, including accessory uses, to the general public; .0708 The provisions made for management and maintenance of the project and indication of a contact person or party responsible for the day-to-day operation of the project; .0709 A description of the type and operation of any other uses (commercial and/or recreational) which are included in the facility; .0710 The formula, fraction or percentage, of the common expenses and any voting rights assigned to each vacation ownership resort unit and where applicable, to each unit within the project which unit is not subject to the vacation ownership resort program; .0711 Any restrictions on the use, occupancy, alteration, or alienation of vacation ownership resort units; .0712 A parking demand study prepared by an independent traffic engineer licensed by the State of California, or such other study as approved by the City Traffic Engineer and provided to the City by the applicant at applicant's sole expense; 070590 13 A .0713 A description of the method to be used consistent and in compliance with the provisions of Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of this Code, to collect and transmit the transient occupancy tax to the City; .0714 Any other information or documentation the applicant, City staff, or Commission deems reasonably necessary to the consideration of the project, including any required environmental or fiscal impact report documents; and .0715 Applications for the conversion of any portion of an existing facility to a vacation ownership resort shall include the following information, as well as the other information required by this section: (1) A property report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements prepared by a licensed engineer, an architect, or general engineering contractor; (2) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (3) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building related codes as modified and adopted by the City. Approval shall be subject to receipt of such information and applicant's failure to submit such documentation may be grounds for disapproval. .080 Prior to issuance of a buildinpermit, the legal property owner shall be required to provide the following: .0801 Copies of all relevant enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; 080890 14 .0802 Copies of all State Department of Real Estate applications and permits, including any public report issued. .090. Findings of Fact Necessary for Approval. In addition to the findings of fact otherwise required by any other provision of this Code, approval of any conditional use permit for a vacation ownership resort shall require the following finding: That there are adequate visitor -serving facilities in the City and that the project will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities. .100. Vacation Ownership Resort Subject to Transient Occupancy Tax. Notwithstanding any other provision of the Anaheim Municipal Code, all vacation ownership resort units shall be subject to the payment of the transient occupancy tax as otherwise prescribed by Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of this Code. Units occupied as traditional hotel/motel rentals shall have the tax levied on the rent paid. Units occupied on a vacation ownership resort basis shall have the tax levied on the basis of the equivalent rental rate which would be charged for that particular unit if it were to be rented as a traditional hotel/motel rental unit. The owner and manager of the vacation ownership resort shall jointly and severally be responsible to provide sufficient data to the City to justify the equivalent rental rate used in calculating the transient occupancy tax. The manager of the facility (or if the facility has no manager, the owner of the facility) shall be deemed the 'operator' within the meaning of Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of this Code for purposes of collection and remittance of the tax. 18.48.080 SITE DEVELOPMENT STANDARDS. .010 The site development standards hereinafter set forth in this Chapter have been adopted to operate in conjunction with certain design guidelines for the Commercial Recreation Area of the City of Anaheim (hereinafter referred to in this Chapter as the 'C-R Design Guidelines') as the same may be heretofore or hereinafter adopted and/or amended by resolution of the City Council. Said C-R Design Guidelines are incorporated herein by this reference as if fully set forth in this Chapter. All development otherwise permitted by this Chapter shall comply with any applicable provisions of the 070590 is C-R Design Guidelines. In addition to any fees otherwise required by law, the City Council, by resolution, may establish fees and the amounts thereof required to be paid to the City for design guideline review or landscape plan review pursuant to this Chapter. .020 All uses and developments in this Zone shall comply with any applicable provisions of this Code expressly referred to in this Chapter including, without limitation, the provisions of Chapters 18.01 entitled 'DEFINITIONS --ZONING CODE' and 18.04 entitled 'SITE DEVELOPMENT STANDARDS -GENERAL' of this Code; provided, however, that in the event of any conflict or inconsistency between any provision contained in any other Chapter of this Code and any provision contained in this Chapter, the provision contained in this Chapter shall govern and apply. All Engineering Standards referred to in this Chapter are on file in the Office of the City Engineer and are incorporated herein by reference as if fully set forth in this Chapter. All Planning Standards referred to in this Chapter are on file in the Office of the Planning Director and are incorporated herein by reference as if fully set forth in this Chapter. 18.48.081 BUILDING SITE REQUIREMENTS. .010 General Building Site Requirements. The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or parking areas on adjacent sites. The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .020 Nonconforming BuildingRe uirements. The site development stan ar�Ics contained this Chapter shall apply to (i) every building hereinafter erected in this zone, (ii) every building hereinafter structurally modified to an extent exceeding twenty percent (200) of the gross floor area of said existing building, and (iii) the structural expansion portion of every building hereinafter expanded. 070590 16 18.48.082 STRUCTURAL HEIGHT AND AREA LIMITATIONS. .010 Maximum Structural Height. Except as otherwise prove e in t is apter, the maximum height of any building or structure shall not exceed six (6) stories or seventy-five (75) feet in height, (as measured from the finished grade level), whichever is less; provided, however, that penthouses or roof structures for the housing of elevators, stairways, ventilating fans, cooling towers or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, chimneys, or similar structures may exceed such height limit; provided no space above such height limit shall be allowed for the purpose of providing additional floor area. .020 Height Adjacent to Single -Family Residential The height of any building or structure within one hundred fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial or multiple -family residential zone) shall not exceed a height equal to one-half (1/2) the distance from said building or structure to said zone boundary. Dedicated streets shall be included in calculating distance. .030 Height in Excess of Seventy -Five (75) Feet. Height in excess of seventy-five 75 feet, measured from the finished grade level to the highest point of the building, including any penthouse, wall sign or other structure, not to exceed the maximum heights defined by Map 1124 entitled 'Anaheim Commercial Recreation Area Height Standard Guideline,' as adopted by City Council Resolution No. 80R-174), shall be permitted by conditional use permit. .040 Structures in Excess of Maximum Heights Defined by Map 1124. Structures in excess of the maximum heights defined by Map 1124 entitled 'Anaheim Commercial Recreation Area Height Standard Guideline,' as adopted by City Council Resolution No. 80R-174, shall be prohibited. .050 Minimum Parcel Size. Each lot in this zone shall have a minimum width at street frontage of not less than one hundred seventy-five (175) feet. This requirement shall not apply to any lot lawfully created prior to the effective date of this requirement and shall not render any such lot nonconforming to this Chapter for purposes of applying any other requirements contained herein. 070590 17 I 18.48.083 STRUCTURAL SETBACK AND YARD REQUIREMENTS. Buildings in this zone shall be provided with open yards and setbacks extending across the full width of the property as provided herein. .010 Lots Abutting Arterial Highways. Lots abutting any arterial highway shall have a minimum open setback as measured from the ultimate planned highway right-of-way line of said arterial highway as designated on the Circulation Element of the General Plan, which setback shall be as hereinafter set forth. All front yard setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the C-R Design Guidelines, except as otherwise provided hereinafter. .0101 Cerritos Avenue has been identified, from a vehicular design perspective, as a low profile arterial highway within the Commercial Recreation Zone. Lots abutting Cerritos Avenue shall have a minimum, fully landscaped, front yard setback of ten (10) feet; provided, however, where a building is over three (3) stories in height, a minimum, fully landscaped, front yard setback of thirty (30) feet shall be provided. .0102 Harbor Boulevard from four hundred forty (440) feet south of the centerline of Vermont Street to Orangewood Avenue is planned as an urban pedestrian theme street. Lots abutting Harbor Boulevard within this area shall have a minimum, fully landscaped front yard setback of twenty (20) feet. .0103 Lots abutting West Street from Ball Road to six hundred fifty (650) feet south of the centerline of Katella Avenue shall have a minimum fully landscaped front yard setback of thirty (30) feet. .0104 Lots abutting the remaining arterial highways in the Commercial Recreation Zone, including Ball Road, Clementine Street, Convention Way, Freedman Way, Haster Street, Katella Avenue, Manchester Avenue, Orangewood Avenue and Walnut Street shall have a minimum, fully landscaped front yard setback of thirty (30) feet. 070590 18 .020 Lots Abutting Local Streets. Lots abutting any local street, shall have a ully landscaped front yard setback of not less than ten (10) feet, as measured from the ultimate planned right-of-way line of said street; provided, however, that any building over three (3) stories in height shall provide and maintain a minimum, fully landscaped, front yard setback of thirty (30) feet, as measured from the ultimate planned right-of-way line of said street; and further shall comply with Engineering Standard Detail No. 101 entitled 'Street Sections.' .030 Interior Lot Property Lines. A minimum ten (10) foot side yard setback shall be required within the area abutting any interior lot property lines; except that when an interior lot property line is within one hundred fifty (150) feet of any single-family or multiple -family residential zone (excepting an RS -A-43,000 Zone, which has a resolution of intent to a zone other than residential), an open side yard setback area, with not less than twenty (20) feet of landscaping adjacent to the property line, equal to two (2) times the height of any proposed building or structure as measured to the highest point of the building, including any penthouse or other structure, shall be provided. .040 Required Improvements of Setback Areas. Except as otherwise provided in this Chapter, all required setback areas shall be fully landscaped with lawn, trees, shrubs, walkways, plazas, fountains, and other similar materials (not including turf block). A minimum of eighty percent (800) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting public streets (other than Harbor Boulevard) shall contain live landscape materials. A minimum of fifty percent (500) of the required setback area on all lots abutting Harbor Boulevard, excluding driveways perpendicular to the street, shall contain live landscape materials. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and shall be provided with a permanent automatic water conserving irrigation system. All landscaping, irrigation and maintenance thereof shall be provided in compliance with the C-R Design Guidelines. 070590 19 i .050 Special Landscape Treatment. Any building hereinafter erec ed in MIS zone, or any building structurally modified to an extent exceeding twenty (20) percent of the gross floor area of said existing building, and which building is located on any lot abutting any of the following intersections, shall provide landscaping, paving and lighting improvements within that certain sixty (60) foot triangular intersection area as described in and in compliance with the criteria set forth in the C-R Design Guidelines: .0501 Ball Road and Harbor Boulevard. .0502 Convention Way and Clementine Street. .0503 Convention Way and Harbor Boulevard. .0504 Convention Way and Haster Street. .0505 Harbor Boulevard and Freedman Way. .0506 Harbor Boulevard and Katella Avenue. .0507 Katella Avenue and Haster Street. .0508 Katella Avenue and West Street. .0509 Katella Avenue and Walnut Street. .0510 Orangewood Avenue and Harbor Boulevard. .0511 Walnut Street and Ball Road. .0512 Walnut Street and Cerritos Avenue. .0513 West Street and Ball Road. .0514 West Street and Cerritos Avenue. .060 Adjacent to Santa Ana Freeway (Interstate 5). A minimum ten 10 foot wide landscaped area not to include turf block) shall be provided on any private property located immediately adjacent to the ultimate right-of-way line of the Santa Ana Freeway (Interstate 5). .070 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including that within the parkway area (the area within the ultimate street right-of-way as described on the Circulation Element of the General Plan), shall be shown on a site plan, drawn to scale, and shall be 070590 20 subject to the review and approval of the Planning and Public Works/Engineering Departments prior to installation. Any decision denying or requiring modification of any such site plan may be appealed to the Zoning Administrator in the manner and in accordance with the procedures prescribed for applications pursuant to Chapter 18.12 entitled 'ZONING ADMINISTRATOR' of this Code. 18.48.084 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS AND SETBACK AREAS. Buildings shall comply with the provisions of Section 18.04.043 entitled 'PERMITTED ENCROACHMENTS INTO REQUIRED YARDS -GENERAL' of this Code, except as provided herein. .010 Automobile Parking Areas in the Front Yard Setback. Surface parking and parking structures, excluding the parking entry drive (throat), shall not be permitted within the required front yard setback. Surface parking in the area between the front building line and the required front yard setback is permitted, except on Harbor Boulevard, provided such parking area is screened with a thirty-six (36) inch high berm. .020 Automobile Parking Areas in the Side Yard Setback. On Harbor Boulevard only, surface parking and parking structures in side yards shall be permitted up to the required front yard setback line. .030 Sight Distance. No landscape materials or other elements exceeding twenty-four (24) inches in height shall be permitted within the 'Commercial Drive Approach' area as defined by Engineering Standard Detail No. 137. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this subsection. .040 Parking in Interior Lot Setbacks. Where an interior lot property line abuts 'asingle-family or multiple -family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained, in compliance with the C-R Design Guidelines, adjacent to the residential zone property line on maximum fifteen (15) foot centers; and further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in Section 18.48.086.011 entitled 'SCREENING ABUTTING RESIDENTIAL PROPERTY' of this Chapter. 070590 21 .050 Fountains, Ponds, Sculptures. Fountains, ponds, sculptures, decorative paving, planters and decorative walkways shall be permitted within the required front yard setback, provided they are an integral part of a landscaping scheme comprised primarily of plant materials. .060 Decorative Screen -Type Walls. Decorative screen -type walls, not exceeding thirty-six (36) inches in height, for the purpose of screening utility devices or facilities, shall be permitted provided such walls shall not be located closer than ten (10) feet from the nearest point of any street right-of-way line, and further provided such walls do not prohibit access to utility devices or facilities. .070 Signs. Signs shall be permitted as provided in Section 18.48.090 entitled 'SIGN REGULATIONS --ADVERTISING AND IDENTIFICATION' of this Chapter except as otherwise restricted by Sections 18.48.095 entitled 'BUSINESS AND IDENTIFICATION SIGNS,' 18.48.096 entitled 'HOTEL/MOTEL SIGN STANDARDS', 18.48.097 entitled 'THEATERS AND ENTERTAINMENT FACILITIES' and 18.48.098 entitled 'AUTOMOTIVE SERVICE STATION SIGNS' of this Chapter. .080 Flagpoles. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback, provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from the front property line, and further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. .090 Parking Entrances. Entrance and exit drives and walkways into parking areas that are perpendicular to the centerline of the street from which access is provided, shall be permitted. 18.48.085 OFF-STREET PARKING AND LOADING REQUIREMENTS All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.06 entitled 'VEHICLE PARKING AND LOADING REQUIREMENTS' of this Code, except as provided herein. 070590 22 .010 Location of Required Parking Spaces. All parking areas shall comply with the provisions of Section 18.06.010.020 entitled '(LOCATION OF REQUIRED PARKING SPACES) NONRESIDENTIAL USES' of this Code; provided, however, that parking areas shall be permitted to encroach into required setback areas in compliance with the provisions of Section 18.48.084 entitled 'PERMITTED ENCROACHMENTS INTO REQUIRED YARDS AND SETBACK AREAS' of this Chapter. .011 Layout and Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Section 18.06.020 entitled 'LAYOUT AND DESIGN OF PARKING AREAS' of this Code. .012 Hotel/Motel Passenger Drop-off Areas. All hotels, motels and vacation ownership resorts shall have a passenger drop-off area located on-site. Hotel/motel passenger drop-off areas (which may include a covered area or porte-cochere) shall be for the purpose of dropping off and picking up passengers and luggage, accommodating valet parking, pedestrian access and safety, and fire access while providing free flow of vehicles. Such areas shall not encroach into the required front yard setback, except as provided in Section 18.48.084 entitled 'PERMITTED ENCROACHMENTS INTO REQUIRED YARDS AND SETBACK AREAS' of this Chapter, and shall be designed in proportion to the facilities to be served in compliance with the C-R Design Guidelines and in compliance with Engineering Standard Detail No. 608 entitled 'Hotel/Motel Passenger Drop -Off Areas.' .020 Parking Lot Plan Review. Parking lot plans, including parking structures, shall be subject to review and approval by the Planning Department and the City Traffic Engineer and shall, at a minimum, incorporate all applicable Engineering Standards and shall contain the following information: .0201 Dimensions for internal spacing, circulation and landscaped areas; .0202 Curbing, stall markings, signing and other traffic control devices; .0203 Location and height of lighting fixtures; .0204 Location, dimensions and accessibility of trash containers for refuse trucks; 070590 23 .0205 Location of fire hydrants and fire accessways; .0206 Location and height of perimeter walls; .0207 Tour bus and/or shuttle parking and loading; .0208 Grade elevations and ramps associated with driving and parking facilities; .0209 General location of utility devices and other related above -ground features (i.e., utility poles); .0210 Exhibit and/or delivery truck parking/loading areas and bicycle racks. .021 Paving. All permanent off-street parking facilities, including access aisles and driveways, shall be permanently paved (not to include turf block). Such surfacing, as well as striping, signing, and directional markings, shall be maintained in good condition at all times. .022 TemporaryParking. Temporary parking facilities shabe paved and screened with landscaping, and shall be subject to the review and approval of the City Traffic Engineer. Such facilities shall be permitted for a period not to exceed one (1) year. .023 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with Engineering Standard Detail No. 601 entitled 'Minimum Off -Street Parking Dimensions,' Engineering Standard Detail No. 602 entitled 'Minimum Off -Street Parking Dimensions,' and Engineering Standard Detail No. 604 entitled 'Parking Structure Design.' Parking shall be separated from buildings, sidewalks and plazas by landscaped areas having a minimum width of five (5) feet. Parking shall be separated from any abutting property line, by a minimum six (6) inch curb, and shall be screened in compliance with the C-R Design Guidelines. .024 Driveway Abandonment. When use of a driveway to a pu lic street is a aannUoned or otherwise discontinued, the owner, upon receipt of notice from the Engineering Department, shall remove all driveway pavement, curb and gutter; and shall replace the curb, gutter and sidewalk, and landscape the area to match the adjacent landscaped areas. 070590 24 .030 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.06.030 entitled 'REQUIRED IMPROVEMENT OF PARKING AREAS' of this Code; provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained in compliance with the C-R Design Guidelines and as follows: .0301 Surface parking lots shall be landscaped and maintained with a minimum of one (1) twenty-four (24) inch box tree per each five (S) parking spaces, which trees shall be equally spaced. Tree wells shall be designed with decorative paving and/or landscaped with shrubs and/or ground cover. .0302 Parking structures shall have a landscaped area with a minimum width of ten (10) feet provided along the peripheral edges of the parking structure. Such areas shall be landscaped and maintained with a combination of shrubs, ground cover and trees. Adjacent to any parking structure, trees shall be provided and maintained consisting of at least one (1) twenty-four (24) inch box tree per each ten (10) linear feet of parking structure. Such trees may be either grouped or equally spaced. .040 Landscape Requirements. Trees and shrubs shall conform with the plant palette provided within the C-R Design Guidelines. .050 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Section 18.06.040 entitled 'PARKING SPACE AND ACCESS DESIGN' of this Code and Engineering Standard Detail No. 602, entitled 'Minimum Off -Street Parking Dimensions for Non -Residential Uses,' and Engineering Standard Detail No. 604 entitled 'Parking Dimensions for Structures,' except as follows: .051 Maximum Curb Openings er Street Frontage. A maximum of twenty five percent 2S% of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty-five (2S) feet, in 070590 2S A which case there shall be a minimum of one (1) twenty-five (25) foot wide curb opening. The maximum number of curb openings per street frontage shall be: Parcel Street Frontage Curb Openings 300' or less 1 Over 300' 2 One additional curb opening may be allowed if it is used as legal access to one or more adjacent parcels. .052 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six 36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .053 Driveway Width Dimensions. Driveways shall be a minimum of twenty-five 25 feet wide, and a maximum of thirty-five (35) feet wide, in accordance with Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' .054 Curb Return. The curb cut shall have a minimum fifteen 15) foot radius curb return and sight distance clearance in accordance with Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' .055 Entry Drive Dimension. A minimum entry driveway (throat) of forty 40) feet shall be provided, measured from the nearest point of the ultimate street right -of- way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry drive, in accordance with Engineering Standard Detail No. 607 entitled 'Driveway Location Planning.' .060 Minimum Parking Requirements. The minimum number, type and design of off-street parking spaces shall comply with the requirements of Section 18.06.050 entitled 'MINIMUM NUMBER, TYPE AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS' of this Code. 070590 26 .070 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.06.060 entitled 'TRUCK LOADING REQUIREMENTS' of this Code and Engineering Standard Detail No. 605 entitled 'TRUCK DOCK STANDARD.' A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel. .080 Bus Parking Areas. Hotels/motels shall provide space for bus parking subject to the approval of the City Traffic Engineer and Planning Department in accordance with Engineering Standard Detail No. 142 entitled 'Bus Bay.' 18.48.086 REQUIRED SITE SCREENING. .010 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line of any commercial development abutting any freeway or residential zone boundary. The buffer shall be landscaped, irrigated and maintained in compliance with the C-R Design Guidelines. .011 Screening Abutting Residential Property. Where the property abuts a residential zone, this buffer shall consist of a minimum six (6) foot high concrete block wall, located at the property line, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .012 Screening Abutting Freeway. Where the property abuts a freeway, a ten 10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be permanently planted, irrigated and maintained. When a wall is provided at the property line, the wall shall be designed or situated so as not to obstruct the view of the landscaping from the freeway. Such walls shall be decorative and landscaped in compliance with the C-R Design Guidelines. .020 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from public streets. 070590 27 A .030 Screening at Public Streets. Where parking is visible from a public street, the parking shall be screened with a landscaped area as identified in Section 18.48.086.010 entitled '(REQUIRED SITE SCREENING) LANDSCAPE BUFFER' of this Chapter. Said landscaped area shall consist of thirty-six (36) inch high screen -type shrubs or bushes, and/or berming, and shall conform to Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' .040 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and said walls shall be decorative and landscaped with clinging vines in compliance with the C-R Design Guidelines and in accordance with Planning Standard Number 01. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the C-R Design Guidelines. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .050 Exceptions. .0501 Within any required street setback area, excluding the first ten (10) feet where no wall shall be permitted, the height of any required wall and berm shall be reduced to not more than thirty-six (36) inches. Such walls shall be decorative and landscaped with clinging vines in compliance with the C-R Design Guidelines. .0502 A wall or berm shall not be required adjacent to any RS -A-43,000 zoned property for which a Resolution of Intent for reclassification to a non-residential zone has been approved. 18.48.087 UTILITY EQUIPMENT. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. When encroaching into a 070590 28 I required yard or setback, other than adjacent to a public street where no such device shall be allowed, decorative walls for the purpose of screening such utility equipment and communication devices shall not exceed thirty-six (36) inches in height and shall not be within the front yard setback area. 18.48.088 REFUSE CONTAINER ENCLOSURE REQUIREMENTS. Refuse container enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the C-R Design Guidelines and in compliance with the Maintenance Standard entitled 'Refuse Container Enclosure for Multiple -family, Residential, Commercial and Industrial Use' on file in the Building Division of the Planning Department. 18.48.089 VACANT LAND. Vacant land or future landscape areas which will remain vacant or unlandscaped for a period in excess of one (1) year shall comply with at least one of the following: .010 screening of Vacant Land. Screen such areas from view from pu lic rights-of-way with a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area. Said berm or hedge screen shall be adequately maintained in compliance with the C-R Design Guidelines. .020 Landscaping of Vacant Land. Provide temporary landscaping or groundcover complete with temporary irrigation, and keep adequately maintained until such time as a valid grading or building permit has been issued for construction on the site. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for any portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this Chapter. .030 Agriculture. for the purpose of vegetables, fruits, Retain agricultural growing field crops, berries or nursery 070590 29 production trees, stock. i 18.48.090 SIGN REGULATIONS --ADVERTISING AND IDENTIFICATION. The purpose of this Section is to recognize the function of signs in the Commercial Recreation Zone, to provide for their inclusion under this Section of the Anaheim Municipal Code, and to regulate and control all matters relating to such signs except the construction thereof. .010 Definitions Pertaining to Signs. For the purpose of this Chapter, the following abbreviations, terms, phrases and words shall be construed as specified below: .011 Animated Sign. Any sign that uses movement or change of lighting to depict or simulate movement, action or to otherwise create a special effect or scene. .012 Area of Sign. The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, logo, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area constituting the advertising message within a parallelogram or triangle, in compliance with the C-R Design Guidelines. .013 Balloon. Any air-filled or gas-filled balloon attached to a string, rope or similar ligature, and tethered to a fixed place or object, including a motor vehicle. .014 Banner. Any sign made of fabric, cloth, paper or other material that is fastened to a pole or building at one or more points. National flags, state or municipal flags, or the official flags of any institution or business shall not be considered banners. Pennants as defined herein shall be considered banners for purposes of this Chapter. .015 Beacon. Any light with one or more beams directe into the atmosphere or directed at one or more points not on the same parcel as the light source; also, any light with one or more beams that rotate or move. 070590 30 I .016 Billboard or Off -Premise Sign. A sign of any kind or character upon which any poster, bill, printing, writing, painting, graphic or other display of any kind or nature whatsoever may be placed for advertising purposes and which structure is erected, maintained or used for the purpose of advertisement of goods produced, sold or available for sale, or services available or rendered, at locations other than the premises upon which the structure is located. The term 'billboard' or 'off -premise sign' shall not include: .0161 Official notices issued by any court or public body or officer; .0162 Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; .0163 Directional, warning or information structures required or authorized by law or by Federal, State, County or City authority; .0164 A structure which contains solely the name of the City and the names of, or any other information regarding, civic, fraternal or religious organizations located therein; .0165 Guide signs, on -premise signs, business signs, and temporary real estate signs as defined in Section 18.48.090 entitled 'SIGN REGULATIONS --ADVERTISING AND IDENTIFICATION' of this Chapter. .017 Business Sign or On -Premise Sign. Any sign and sign structure relating to the principal business or use of the premises upon which the sign is erected. This shall include a nameplate designating the name and occupation or profession of the occupant of the premises; any sign which directs attention to a business, commodity, service, or other activity which is sold, offered or conducted on the premises upon which the sign is located, or to which it is affixed. This sign type shall also include any sign with political, social, informational or otherwise noncommercial messages. .018 Can -Type Sign. A box -shaped sign which has copy on the outside of its surface and is internally illuminated. 070590 31 A .019 Canopy Sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign as defined herein is not a canopy sign. .020 Changeable Copy Sign. A sign or portion thereoT,including but not limited to electronic message boards, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the display surface of the sign. .021 Display Surface. The surface of the sign structure available for the mounting of material, or the electronic message board, to carry an advertising message, trademark, emblem or logo. .022 Emitting Sign. Any sign that releases smoke, steam, water, bubbles or other solids, liquids or gases as a device for advertising. .023 Electronic Message Board. A changeable copy sign upon which the copy is displayed or changed by electronic means. .024 Flag. Any fabric attached to a flagpole and complying with Section 18.48.084.080 entitled 'FLAGPOLES' of this Chapter, and containing distinctive colors, patterns, or symbols, and used as a symbol of a government or other entity. .025 Flashing Sign. Any sign designed to operate under conditions of intermittent illumination which operates in a manner to create the illusion of being on and off. .026 Freestanding Monument Sign. A sign which is permanently attached to the ground by means of a permanent solid base and which is independent from any building or other structure. .027 Ille al Sign. Any sign or advertising display constructed or erected without first complying with all applicable ordinances and regulations in effect at the time of its construction, erection or use. .028 Lighter Box Sign. An illuminated sign that contains words, numbers or symbols, designed to be an integral part of the architecture of a service station, and intended to be placed above the fuel pumps of a service station for purposes of providing light for the working area and commercial identification. 070590 32 .029 Location. A lot, site, premises, building, wall or any place whatsoever upon which a sign is erected, constructed or maintained. .030 Magnetic Sign. A sign which is magnetically attached to a surface. .031 Marquee (Changeable Copy) Sign. A sign which is characterized by changeable copy whether said sign is a wall sign or whether said sign projects from and is supported by a building. .032 Nameplate. Any lighted or unlighted sign identifying the occupant of the premises. .033 Nonconforming Si n. Any sign that complied with all applicable ordinances and regulations in effect at the time it was erected, but which does not conform to one or more of the requirements of this Chapter. .034 Off -Site Sign. Any sign not located on the same parcel to which such sign message pertains. .035 On -Site Directional Guidance Sign. Any sign located on-site and not visible from the public right-of-way, giving direction for on-site pedestrian or vehicular circulation. .036 On -Site Directory Sign. Any on-site sign exhibiting the names and locations of on-site uses and/or facilities, and intended to facilitate the movement of patrons or visitors throughout the site. .037 On -Site Sign. Any sign located on the same parcel to which such sign message pertains. .038 Outdoor Advertising. Advertising on any board, fence, sign device, structure or building, or the placing thereon of any poster, bill, printing, painting, device or any advertising matter of any kind whatsoever; and the pasting, posting, printing, painting, nailing or tacking or otherwise fastening of any handbill, card, banner, sign, poster, advertisement or notice of any kind upon any property or place. Said term shall not include any signs or notices posted or displayed by any public officer in the performance of a public duty or a private person in giving a legal notice. .039 Parapet. A vertical wall extending from and above t actual roof line and intended to visually heighten the building. 070590 33 a .040 Parcel or Lot. Any real property under separate ownership from any other adjoining parcel or lot which has street or highway frontage. .041 Pennant. Any plastic, fabric, or other material her or not containing a message of any kind, suspended from a rope, wire, string, or other similar device usually in series, designed to move in the wind. .042 Pole Sign. A sign which is affixed to one or more poles attached to the ground and which is constructed in a manner which does not fully obstruct the view of the area between the sign and the ground. .043 Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A -frames or T -frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted upon vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day transportation operations of the business. .044 Projectins Sign. A wall sign which projects from t e face of a building. .045 Pump Top Sign. Any sign atop a fuel dispensing pump, either affixed to or placed upon such pump. A lighter box sign is not a pump top sign. .046 Real Estate Sign. Any sign and sign structure of a temporary nature relating to the sale, lease or other disposition of real property. .047 Roof Sign. A sign erected, constructed or maintained upon the roof of any building. .048 Rotating or Revolving Sign. Any sign all or a portion of which moves, revolves or rotates in some manner. .049 Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. 070590 34 i .050 Structure. The supports, uprights, bracing, guy rods, cables and framework of a sign or outdoor advertising display. .051 Temporary Sign. Any sign that is used only temporarily and is not permanently mounted or affixed to the ground or any structure. .052 Wall Sign. A sign which is affixed to an exterior wall of any building or which is affixed to any structure attached to the wall of any building. .053 Window Identification Sign. Any sign bearing only t e name and/or logo and/or address of the business occupying the premises; and consisting of letters and/or numbers permanently affixed to the window, and made of gold leaf, paint, stencil or other such material. .054 Window Sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass of a building and which is visible from the exterior side of the window, excluding any window identification sign. .060 Administrative Provisions - Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Commercial Recreation Zone shall be regulated and controlled exclusively by the provisions of this Chapter except to the extent reference is expressly made in this Chapter to any other provision of this Code. In the event of any conflict between the provisions of this Chapter and any other provisions of this Code so referenced herein, the provisions of this Chapter shall govern and prevail. All signs and all applications therefor shall be exclusively administered by the Planning Director or his/her designee, except those signs which may be sought in conjunction with a conditional use permit or a zone variance. .070 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in the Commercial Recreation Zone shall be contained within this Chapter; provided, however, the provisions of Chapters 4.02 entitled 'SPECIAL EVENTS,' 4.04 entitled 'OUTDOOR ADVERTISING SIGNS AND 070590 35 STRUCTURES --GENERAL,' 4.08 entitled 'OUTDOOR ADVERTISING SIGNS AND STRUCTURES --NEAR FREEWAYS' and 4.09 entitled 'ADVERTISING OF MOTEL AND HOTEL RENTAL RATES' of this Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this Chapter. .080 Variances From Sign Requirements. No person shall install or maintain any sign in the Commercial Recreation Zone except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Chapter 18.03 entitled 'ZONING PROCEDURES --AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of this Code. .090 Signs Approved in Conjunction with Conditional Use Permits. Approval of any con itional use permit shall be deemed to constitute approval of any on -premises signs which are otherwise permitted in the Commercial Recreation Zone unless, as part of the action approving the use, more restrictive sign requirements are imposed. .100 Legal Nonconforming Signs - General. Any sign or other advertising structure of w atever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this Code shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. .101 Legal Nonconforming Signs - Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this Chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this Chapter (hereinafter the "abatement") either (i) within fifteen (15) years from and after the date said sign first becomes nonconforming to the provisions of this Chapter, or (ii) on or before December 31, 2005, whichever is later; provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one year's advance written notice from the Planning Director of the City of Anaheim requiring the removal or alteration of sign. Notwithstanding the foregoing: 070590 36 I .1011 Any advertising display which was lawfully erected, but whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than 90 days, shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. .1012 Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within 30 days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. .1013 Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this Chapter in conjunction with said project. .1014 Any advertising display whose owner seeks approval of the relocation thereof and relocates the advertising display shall relocate such sign within six (6) months of the approval of such relocation. .1015 Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign per said agreement. 080890 37 I .1016 Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Chapter 4.02 entitled 'SPECIAL EVENTS' of this Code or within such other time as expressly authorized by the City. .1017 Any advertising display which is an immediate danger to the public health or safety shall be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. .1018 Any advertising display which in the opinion of the City Traffic Engineer constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. .1019 Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. .102 Illegal Signs. Illegal signs as defined in Section 18.48.090.027 entitled 'ILLEGAL SIGN' of this Chapter shall be removed, altered or replaced so as to conform to the requirements of this Chapter within six (6) months following the effective date of this Chapter. .110 Regulation of S ecial Types of Signs - General. Notwithstanding any other provisions of this Chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. 070590 38 1 .120 Signs Required By Law. Nothing contained in this Chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law. .125 Signs in the Public Rifts -of -Way. Except as otherwise expressly permitted in this Chapter, signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 entitled 'PROHIBITION OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of this Code. .130 Political Campaign Signs. Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property in the Commercial Recreation Zone provided: .131 Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in Section 18.05.093.025 entitled 'MINIMUM SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS' of this Code; and .132 Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 entitled 'PROHIBITION OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of this Code; and .133 Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 "Buildings and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within 120 days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. 18.48.091 LIGHTED SIGNS --GENERAL. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so erected or constructed or placed, nor shall any substance or material capable of reflecting light be so placed, as to result in directing such artificial light into any structure used exclusively for residential purposes. For the purpose of this provision, structures devoted to hotel and motel use are not to be construed as structures used exclusively for residential purposes. 070590 39 A .010 Indirect Lighting. No sign lighted by any type of indirect lighting shall have any such lighting which exceeds eight hundred (800) milliamps rated capacity nor shall any sign lighted by neon or similar materials have any such neon or similar material which exceeds three hundred (300) milliamps rated capacity. .020 Intensity of Illumination. The approval of any iff—uminated sign shall not be final until thirty (30) days after installation, during which period the Planning Director or his/her designee may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the Planning Director or his/her designee. For purposes of this Section, illumination shall be considered excessively brilliant when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign, or when it shines directly onto any residential zone or residentially zoned property. .030 Lighter Box Sign. A lighter box sign: (i) shall»�eitier single -faced or double-faced, (ii) shall only be internally lighted, (iii) advertising thereon shall be limited to the company name or logo only, and (iv) said name or logo shall not exceed twenty (20) percent of the total area of each face of said sign. 18.48.092 REAL ESTATE SIGNS --GENERAL. Notwithstanding any other provisions of this Chapter, temporary real estate signs advertising property for sale, lease, rental or for inspection by the public shall be permitted subject to the following limitations: .010 On -Site Real Estate Signs. A maximum of one (1) unlighted, single -faced or double-faced, freestanding sign advertising property for sale, lease, rental or other disposition of the property on which such sign is located shall be permitted on parcels of less than one-half (1/2) acre in area. On larger parcels, one such sign per each street or highway frontage of said parcel shall be permitted as provided herein. Any such sign(s) may also include the name, address and phone number of the person, firm, entity or agent offering said premises for sale, lease, rental or other disposition. 070590 40 i .020 Parcels Less Than Twenty -Two Thousand (22,000) Square Feet in Area. The maximum area of each sign shall not exceed ten (10) square feet, and the height thereof as installed shall not exceed four (4) feet. .030 Parcels of Between Twenty -Two Thousand (22 00-07 and Forty -Three Thousand (43.000Y S Feet in Area. The maximum not excee twenty-four (24) height thereof as installed (4) feet. area of eacn sign square feet, and shall not exceed uare sal the four .040 Parcels Forty -Three Thousand (43,000) or More Square Feet in Area. The maximum area of each sign shall not exceed forty (40) square feet and the height thereof as installed shall not exceed four (4) feet. 18.48.093 FUTURE ESTABLISHMENT SIGNS. The future establishment of a business or other activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance with the following provisions: .010 Ownership of Property. The subject property upon which the sign is located must be owned in fee interest, or must be under lease for a minimum ten (10) year period (from the date of issuance of the sign permit), by, or for the purpose of, the future business or establishment referred to upon the copy of said sign. .020 Maximum Area Per Sign. Sixty (60) square feet. .030 Maximum Height. Four (4) feet, with a two (2) foot berm, - -or a maximum total height of six (6) feet. .040 Maximum Number Permitted. One (1) per each street or highway frontage. .050 Location. All future establishment signs shall be located in the middle thirty (30) percent of the street frontage except for corner lot locations where said sign shall be set back in compliance with Planning Standard Number 02. .060 Time Limit. One (1) year from date of construction or erection, unless prior to expiration, approved by the Planning Director or his/her designee for an additional period not to exceed one (1) year. 070590 41 I .070 Names and Dates Required on Signs. The name of the sign owner, property owner or sign builder, as well as the date the sign is erected, shall be securely placed on each sign. .080 Sign Permit Fees and Deposits. For each and every on-site future establishment sign, there shall be paid to the Building Division of the Planning Department, a sign permit fee and cash deposit to guarantee removal of each sign. The amount of said fees and deposits shall be as specified by City Council Resolution. Further, all such signs shall be subject to the following conditions: .081 Return of Deposit. If said sign is removed within fourteen 14 days following the expiration date, the removal deposit shall be refunded to the depositor in full. .082 Failure to Remove. If said sign is not removed prior to or upon the permit expiration date, the City or its agents may enter upon subject property and remove the sign, the cost of the removal to be deducted from the removal deposit, and the remainder of the removal deposit, if any, to be returned to the depositor. The person, firm or entity whose name appears on the sign (collectively 'Person') shall be notified of the City's intent to remove the sign not less than fourteen (14) days prior to removal by the City. Following removal by the City, said person shall be notified of the removal and said sign shall be retained for a minimum of ten (10) days following the date of such notice after which said sign may be disposed of by the City. .083 Authority. Before a permit for such a sign is issued, the owners of record of the premises and the person proposing to erect the sign must furnish the Building Division written authority granting the City of Anaheim or any of its agents or employees irrevocable permission to enter upon the premises and irrevocably appointing the Chief Building Official as the agent of the owners with permission and authority to remove such sign pursuant to the provisions of this Section. 070590 42 18.48.094 TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS. .010 General Provision. Temporary display of signs, flags, banners and fixed balloons for advertising purposes shall be permitted subject to Chapter 4.02 entitled 'SPECIAL EVENTS' and Section 18.05.074 entitled 'FLAGS, BANNERS AND FIXED BALLOONS' of this Code, and further subject to the provisions herein specified; provided, however, that nothing herein contained shall be deemed to prohibit the display of traditional holiday decorations, so long as said decorations meet existing fire codes in the City, for the period from Thanksgiving to January lst, inclusive; and provided, however, that whenever flags, banners and fixed balloons are permitted, said flags, banners and fixed balloons shall be displayed only after a permit has been issued by the Zoning Division of the Planning Department subject to all of the limitations contained in this Section. .020 Length of Permit. No permit shall be issued for a period in excess of fourteen (14) consecutive days. .030 Number of Permits. No business shall be issued a permit more t an twice each calendar year; provided, further, that nothing contained in this Section shall be construed to prohibit the display of the flag of the United States, State of California or City of Anaheim; provided, however, that no more than three (3) such flags on one (1) flag pole shall be displayed at the same time at any single location. .040 Permit Fee. For each and every permit issued pursuant to t is Section, there shall be paid to the Zoning Division of the Planning Department a permit fee of such amount as established by Resolution of the City Council. .050 City Council Review. The City Council of the City of Anaheim shall have the power to review any action taken by the Planning Department in denying any application for a permit and shall have the power to revoke a permit granted by the Planning Department if the City Council finds and determines such action on its part is in the public interest, safety or general welfare. 070590 43 a The City Council shall also have the power to modify or waive any regulation as specified in this Section with regard to any specific application if it finds and determines such modification or waiver would be in the public interest, safety or general welfare, or that extraordinary circumstances are present. When the City Council has acted upon any application for a flag, banner and fixed balloon permit, all of the regulations set forth in this Section shall apply unless some regulation set forth herein is expressly waived or modified and, in such event, the regulations shall apply as specified by the City Council in its action. The City Council shall also have the exclusive power to grant a renewal or extension of a permit beyond the original fourteen (14) day period or to permit more than two (2) such permits each calendar year upon a finding that the same is in the public interest, safety or general welfare or that extraordinary circumstances are present. Any action of the City Council shall be taken in a public meeting, but no notice or public hearing shall be necessary before such action. 18.48.095 BUSINESS AND IDENTIFICATION SIGNS. Business and identification signs shall comply with the C-R Design Guidelines and shall comply with the following: .010 Permitted Signs. The following sign types are allowed in the Commercial Recreation Zone subject to the requirements of this Chapter. .011 Freestanding Monument Signs. Such signs shall be limited to the name of the development and/or a maximum of three (3) business tenant names or logos only, and shall incorporate a landscape border at the base containing live landscape materials, which shall be planted, irrigated and permanently maintained in compliance with the C-R Design Guidelines. .012 On -Site Directional Guidance and On -Site Directory Signs. Such signs for multi -tenant projects shall i) not be visible from public rights-of-way, (ii) be located outside any required setback area, (iii) have maximum dimensions of two (2) feet in height, two (2) feet in depth and two (2) feet in width, and (iv) be designed to direct 070590 44 a pedestrians and/or vehicular traffic while said traffic is on the parcel on which said signage is located. Said signs shall be designed as a coordinated architectural system for said project. .013 Wall Signs. Such signs, other than projecting signs, shall not encroach into any public right-of-way. .0131 Said signs shall have only one (1) display surface; and .0132 Said signs shall be placed parallel to and in front of any exterior wall of the building. .014 Canopy Signs. Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of- way and the awnings must be made an integral part of the building design. Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Section 18.48.095.040 entitled 'PERMITTED SIGN STANDARDS MATRIX --GENERAL SIGN TYPES' of this Chapter. .020 Conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit therefor pursuant to and in accordance with the applicable provisions of Chapter 18.03 entitled 'ZONING PROCEDURES --AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of this Code; this Section is not intended to conditionally allow signs prohibited by this Chapter or to change the standards contained herein, but is intended to provide a mechanism to address special circumstances: .0201 Changeable copy signs (including electronic message boards) for a theater, entertainment facility, convention center, amusement park, or for hotel complexes and recreational vehicle or campsite parks on sites over four (4) acres in area only. .0202 On-site directional guidance and on-site directory signs visible from public rights-of-way. .0203 Signs neither otherwise expressly permitted nor otherwise expressly prohibited in the Commercial Recreation Zone. 070590 45 i .0204 Signs for any use, building or structure requiring a conditional use permit wherein the proposed overall signage program for said use, building or structure is not otherwise in conformance with the requirements of this zone. .0205 Projecting signs as specified in Section 18.48.090.044 entitled 'PROJECTING SIGN' of this Chapter. .030 Prohibited Signs. The following types of signs shall be prohibited in the Commercial Recreation Zone: .0301 A -frame or 'sandwich board' signs. .0302 Animated signs .0303 Beacon lights or beacon signs. .0304 Billboards. .0305 Can -type signs which incorporate translucent copy and translucent background, provided, however, that can -type signs with opaque background, allowing only the copy to be illuminated, shall be permitted. .0306 Changeable copy signs, as defined (except as permitted under a conditional use permit for theaters, entertainment facilities, convention centers, amusement parks or for hotel complexes and recreational vehicle or campsite parks on sites over four (4) acres in area) only. .0307 Electronic message boards, as defined (except as permitted under a conditional use permit for theaters, entertainment facilities, conventions, amusement parks or for hotel complexes and recreational vehicle or campsite parks on sites over four (4) acres in area) only. .0308 Emitting signs. .0309 Flashing or traveling light signs. .0310 Magnetic signs. .0311 Off -premise signs. 070590 46 i .0312 Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Chapter 4.02 entitled 'SPECIAL EVENTS,' and Sections 18.05.074 entitled 'FLAGS, BANNERS AND FIXED BALLOONS' and 18.48.094 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS' of this Code. .0313 Painted signs on exterior walls. .0314 Parapet signs except as otherwise permitted for automative service stations pursuant to Section 18.48.098.020 entitled 'PARAPET WALL SIGNS' of this Chapter. .0315 Pennants except as otherwise permitted pursuant to Chapter 4.02 entitled 'SPECIAL EVENTS' and Sections 18.05.074 entitled 'FLAGS, BANNERS AND FIXED BALLOONS' and 18.48.094 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS' of this Code. .0316 Permanent 'come-on' signs (e.g. 'Sale Today', 'Stop', 'Look', etc.). .0317 Pole signs. .0318 Portable signs. .0319 Product advertising signs (e.g., soft drinks, cigarettes, etc.). .0320 Roof signs. .0321 Rotating or revolving signs. .0322 Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. .0323 Statues utilized for advertising purposes. .0324 Temporary signs except as otherwise expressly permitted herein. .0325 Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. .0326 Vehicle entrance or exit signs which incorporate business names(s) or other advertising. 070590 47 .0327 Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking of advertising vehicles on public or private property. .0328 Wall signs located below the third floor level of a building and which signs are adjacent to and visible from residential properties. .0329 Window signs, including signs painted on display windows with day-glo or temporary paint (other than permitted window identification signs as defined in Section 18.48.090.053 entitled 'WINDOW IDENTIFICATION SIGN' of this Chapter). .040 Permitted Sign Standards Matrix - General Sign Types. In addition to all other requirements contained in this Chapter, permitted signs shall comply with the provisions of that certain matrix entitled 118.48.095.040 Permitted Sign Standards Matrix (General Sign Types)' as hereinafter set forth in this Code and the provisions of which are incorporated herein by this reference. 18.48.096 HOTEL/MOTEL SIGN STANDARDS. The following standards shall apply to all hotels/motels located within the Commercial Recreation Zone: .010 Hotel/Motel Sign Standards Matrix. Hotel or motel name signs shall comply with the provisions of that certain Matrix entitled 118.48.096.010 "Hotel/Motel Sign Standards Matrix' as hereinafter set forth in this Code and the provisions of which are incorporated herein by this reference. .020 Signs which display identification and program information using changeable copy for hotel complexes over four (4) acres in area only shall be conditionally permitted subject to Section 18.48.095.020 entitled 'CONDITIONALLY PERMITTED SIGNS' of this Chapter. Freestanding monument and/or wall signs shall be subject to Section 18.48.096.010 entitled 'HOTEL/MOTEL SIGN STANDARDS MATRIX' of this Chapter. These signs shall consist of a permanent, non -changeable copy displaying the name and/or logo of the hotel. In addition, the following provisions shall apply to such signs: 070590 48 .0201 Electronic Message Boards. Such signs shall be defined as changeable copy signs, and shall be conditionally permitted subject to Section 18.48.096.010 entitled 'HOTEL/MOTEL SIGN STANDARDS MATRIX' of this Chapter. Electronic message boards may be used to display information; however, message boards that use light bulbs as the image of the message shall be prohibited. Messages are to be displayed in a stationary manner. Animation, flashing or movement of the messages shall be prohibited. .0202 General Provisions. Freestanding monument signs and wall signs shall be permitted subject to the standards set forth in Section 18.48.096.010 entitled 'HOTEL/MOTEL SIGN STANDARDS MATRIX' of this Chapter and in compliance with the C-R Design Guidelines unless a conditional use permit is otherwise required for said sign by the provisions of this Chapter. .0203 Illumination. These signs may be illuminated internally; however, they shall have an opague background, with only the copy portion being illuminated. 18.48.097 THEATERS AND ENTERTAINMENT FACILITIES. Signs which display identification and program information using changeable copy for theaters, entertainment, convention and/or amusement facilities only shall be conditionally permitted subject to Section 18.48.095.020 entitled 'CONDITIONALLY PERMITTED SIGNS' of this Chapter. Theater freestanding monument and/or wall signs shall be subject to Section 18.48.095.040 entitled 'PERMITTED SIGN STANDARDS MATRIX --GENERAL SIGN TYPES' of this Chapter. These signs shall consist of a permanent, non -changeable copy displaying the name of the theater or auditorium and may include changeable copy accommodating program information. In addition, the following provisions shall apply to such signs: .010 Electronic Message Boards. Such signs shall be defined as changeable copy signs, and shall be conditionally permitted subject to Section 18.48.095.020 entitled 'CONDITIONALLY PERMITTED SIGNS' of this Chapter. Electronic message boards may be used to display information; however,message boards that use light bulbs as the image of the message shall be prohibited. Messages are to be displayed in a stationary manner. Animation, flashing or movement of the messages shall be prohibited. 070590 49 i .020 General Provisions. Freestanding monument signs and wall signs shall be permitted subject to the standards set forth in Section 18.48.095.040 entitled 'PERMITTED SIGN STANDARDS MATRIX --GENERAL SIGN TYPES' of this Chapter and in compliance with the C-R Design Guidelines unless a conditional use permit is otherwise required for said sign by the provisions of this Chapter. .030 Illumination. These signs may be illuminated internally, owever, they shall have an opaque background, with only the copy portion being illuminated. 18.48.098 AUTOMOTIVE SERVICE STATION SIGNS. The following provisions shall apply to all automotive service stations located in the Commercial Recreation Zone. .010 Freestanding Monument Sign. Information on this sign shall include only the company logo, name, special services (such as car wash) and pricing information. In addition, the following provisions shall apply to such signs: .0101 There shall be a maximum of one double-faced freestanding monument sign per street frontage. The sign must be located at least seventy five (75) feet from any intersection. If located upon a corner lot, said sign shall comply with the provisions of Planning Standard Number 02 entitled 'Setback Standard for Corner Freestanding Monument Signs.' If said sign is not located upon a corner lot, said sign shall be located in the middle thirty (30) percent of the street frontage of said lot. .0102 The height of said sign shall not exceed four (4) feet, the width shall not exceed ten (10) feet and the total sign display area shall not exceed forty (40) square feet. Additionally a maximum two (2) foot berm shall be permitted for a maximum total height of six (6) feet above the finished grade of the lot. .0103 Letter height shall be a maximum of twelve (12) inches. Logo height shall be a maximum of fourteen (14) inches. 080890 50 I .0104 Pricing signs shall conform to the provisions of Division 5, Chapter 14, Article 12, Code Sections 13530-13540, of the Business and Professions Code of the State of California, or any successor provisions thereto. The height of any pricing numbers shall be a minimum of six (6) inches and a maximum of twelve (12) inches. All copy shall be contained in the upper three (3) foot portion of the sign. .0105 Said signs shall be illuminated internally; however, the permanent background portion shall be opaque, with only the message portion being illuminated. .0106 These signs shall be constructed of materials in compliance with the C-R Design Guidelines. .020 Parapet Wall Signs. In addition to freestanding monument signs, the company symbol and name may be applied to the building parapet or fascia. The following additional provisions shall apply to said parapet wall signs: .0201 Said signs shall consist of individually fabricated letters and/or logo. .0202 Lighted signs may be internally illuminated only. .0203 All signs shall be attached to the building face without the use of visible supports or raceways. .0204 Letter height shall be a maximum of eighteen (18) inches. Logo height shall be a maximum of twenty (20) inches. .0205 Said signs shall be limited to one (1) exposure for each direction of traffic flow, up to a maximum of four (4) exposures. .030 Pump Top Signs. No signs other than instructional or operational signs (e.g., 'Self Service,' 'Pay Cashier First') shall be permitted on the pump top or pump island canopy. .040 Lighter Box Signs. Lighter box signs, as identified in Section 18.48.090.028 entitled 'LIGHTER BOX SIGN' of this Chapter, shall be permitted in service stations; provided that such signs have dimensions not exceeding two (2) feet in 070590 51 height and the span of the working area or thirteen (13) feet, whichever is less, and shall be limited to the company name or logo. Lighter box signs shall conform to the provisions of Section 18.48.091.030 entitled 'LIGHTER BOX SIGN' of this Chapter. Signs complying with this subsection shall not be considered freestanding monument signs. 18.48.099 DEDICATION AND IMPROVEMENTS. Dedication of street rights-of-way, public utility easements and other public works and improvements shall be required in connection with any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone as otherwise required pursuant to Section 18.04.080 entitled 'DEDICATIONS AND IMPROVEMENTS --GENERAL' of this Code. 18.48.100 DEVELOPMENT REVIEW AND PERMITS. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone, all building and site plans shall be subject to review by the Building Division of the Planning Department of the City and permits shall be secured from the Chief Building Official of the City of Anaheim in compliance with all provisions of Section 18.04.090 entitled 'DEVELOPMENT REVIEW AND PERMITS --GENERAL' of this Code; provided further that where there are existing buildings and structures on a site for which more intensive development is proposed under the provisions of this zone, no building permit shall be issued until the Chief Building Official and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation. 18.48.101 PENALTIES FOR VIOLATIONS. Any violation of the provisions of this Chapter shall be subject to penalties as prescribed in Section 18.04.110 entitled 'PENALTIES FOR VIOLATION OF REGULATIONS --GENERAL' of this Code. 18.48.102 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Boundaries of the zone established by this Chapter and the classification of property therein may be amended, exceptions made therefrom, or conditional uses permitted pursuant to and in accordance with the applicable procedures and required findings specified in Chapter 18.03 entitled 'ZONING PROCEDURES -- AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of this Code. 070590 52 a In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. 18.48.103 MASTER PLANNED DEVELOPMENTS. In order to encourage the assemblage of contiguous parcels of land to facilitate master planning and also to recognize and accommodate the uniqueness of land uses (i.e. consolidation of parcels leading to a reuse or intensification of land use), property located in this zone may be reclassified to the Specific Plan Zone pursuant to the procedures set forth in Chapter 18.93 entitled 'SPECIFIC PLANS' of this Code. Any properties so reclassified shall be subject to the development standards adopted for said zone pursuant to Section 18.93.080 entitled 'SPECIFIC PLAN --DEVELOPMENT STANDARDS' of this Code. The Planning Commission and City Council shall consider the goals and purpose of the Commercial -Recreation Area of the City as set forth in Section 18.48.010 entitled 'DESCRIPTION AND PURPOSE' of this Chapter in approving any such development standards. 18.48.104 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR PROPERTY. Notwithstanding any other provision of this Chapter to the contrary, no provision of this Chapter shall apply to or be a limitation upon the City of Anaheim, whether the City acts in a governmental or proprietary capacity." SECTION 3. That Section 18.01.200 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add the terms "suite" and "suite -type hotel," and definitions therefor, to be inserted in said Section in proper alphabetical sequence, and to read as follows: "'Suite.' Guest quarters within a hotel or motel consisting of more than one (1) room for guest use and sleeping, accessed by one (1) entrance from a corridor or exterior of the building. A bathroom shall not be counted as a room for purposes of this definition. A suite designed to provide a second entrance, or designed in such a manner as to be easily remodeled or modified to accommodate a second entrance, shall be counted as two (2) units." "'Suite -type hotel.' A hotel or motel comprised predominantly or exclusively of suites." 070590 53 i SECTION 4. That Section 18.01.140 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add the term "mini -market" and its definition thereto, to be inserted in said Section in proper alphabetical sequence, and to read as follows: "Mini -market." A market, grocery store or other retail business establishment having an interior building floor area of less than 15,000 square feet and which sells a variety of food items and other sundry goods not generally prepared, manufactured or assembled on the premises." SECTION S. That Section 18.01.170 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to amend the definition of the term "Planning Director" as set forth therein, to read as follows: "Planning Director." The Planning Director of the City of Anaheim or his or her duly authorized designee." SECTION 6. That subsections .011, .012 and .013 of Section 18.04.045 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 7. EXEMPTIONS. To the extent any provision(s) of this ordinance would otherwise apply to the development of property and said provision(s) ("new regulations") contain restrictions or limitations on the development of property greater than the provisions which existed immediately prior to the time this ordinance became effective ("prior regulations"), said prior regulations shall continue to apply (and said new regulations shall not apply) to the construction, development or establishment of the following projects: 1. Any project (i) not otherwise subject to the provisions of Ordinance No. 5141 and for which building plans were initially submitted to the City of Anaheim Building Division for plan check (the "initial plan check") prior to August 7, 1990, for purposes of obtaining building permit approval, and (ii) for which a building permit is (was) subsequently issued pursuant to either the initial plan check or any subsequent plan check for substantially similar building plans, and (iii) for which construction is commenced within one year following the date of issuance of said building permit; or 070590 S4 2. Any project (i) for which specific plans for development were finally approved by the Zoning Administrator, Planning Commission or City Council pursuant to a zone reclassification, conditional use permit or zone variance ("discretionary approval") prior to August 7, 1990, and (ii) for which a building permit is issued pursuant to and in accordance with such discretionary approval and (iii) for which construction is thereafter commenced and completed pursuant to and in accordance with said discretionary approval. SECTION 8. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 9. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thisl4th day of August, 1990. �f CYOR OF THE CITY OF AHEIM ATTEST: ?.'CITY CLERK OF TRZ CITY OF ANAHEIM JLW:lm 3746L 070590 55 A CLERK 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. 5156 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of July, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 5156 on the 15th day of August, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of August, 1990. C�- 44415CITY CLERK OF THP6tITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5156 and was published once in the Anaheim Bulletin on the 24th day of August, 1990. �ITY CLERK OF T1W CITY OF ANAHEIM (SEAL) ^A M1 z r 0 x t rn O y -��3oan Ov%�ny "�cck�0 kAZOr 4 z a a O O S O O A A H y y O2H z aI a a D I D a R I a a a a a I P -1 a I \ Wp,. \ V w a a a o 1c a O N A. 71 '71 71 G � O rod aI a a D I D a R I a a a a a I P -1 a I \ Wp,. \ V w a a a o 1c a I n d r k z "o Z z, t� H 4dp O an" Gd n70ez `"O Er4r coo 10Wy xz�a eA z n r' c A w:J 40 Q -aem ` zczi zK 5 7 A A C H ITJ h y '� E 1 2� °y s° €n �x �n rA rnxC Z -qo 8 8 O I O A I N I %• ZN•1 7y7 W co 1 N '71 171 +1 M A A o a 5' 5' S• 5' "fib <v�� w '^ a > > a a a a a -_ hoz �y50 9. o=°5 �•032��"t�. 74 i 0- �`Dw4b ?� E rs r r r dT�� rrT �1 O�GTAl O o� src ��� src,D o r c�oATtr�r ,nsc'�s r rlt Ts 9� O,y o�F rj9Tro rT 9� OSS