5813ORDINANCE NO. 5813
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS CODE SECTIONS OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(COMPUTER RENTAL/INTERNET AMUSEMENT
BUSINESSES).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.01.040 "C" Words, Terms and Phrases, of
Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to add the following definitions:
`Computer Rental/Internet Amusement Business.' A
business establishment which, for compensation, provides for
public use ten (10) or more computers or electronic communication
devices to which computers are connected, for the purpose of
providing its patrons with access to the Internet, E -Mail, video
games played over the Internet or other computer game software,
whether or not said computer activity constitutes the primary use
of the premises. Establishments known variously as PC Cafes or
Zones, Internet Cafes or Zones, Cyber Cafes or Cyber Centers are
expressly included within the foregoing definition. Educational
institutions and child care centers, as said terms are defined in
Chapter 18.01 of the Anaheim Municipal Code, are not included.
`Computer' includes any electronic device designed or
intended to access the Internet or for interconnection with other
devices for playing electronic games."
SECTION 2.
That subsection .020 of Section 18.06.050. of Chapter
18.06 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
NX .020 Commercial and Institutional Uses:
.021 Office Uses:
.0211 Medical and/or Dental Offices: Six (6.0)
spaces per 1000 square feet of GFA.
.0212 Professional and General Business Offices and
Research and Development: Four (4.0) spaces per 1000 square
feet of GFA for buildings of three stories or less; three
(3.0) spaces per 1000 square feet of GFA for buildings of
more than three stories.
.022 Retail Stores and Service Businesses - General:
Five and one-half (5.5) spaces per 1000 square feet of GFA for
the first 100,000 square feet of GFA; plus four and one-half
(4.5) spaces per 1000 square feet of GFA over 100,000 square
feet.
.0221 Financial Institutions: Five (5.0) spaces per
1000 square feet of GFA for facilities without drive -up
windows; six (6.0) spaces per 1000 square feet of GFA for
facilities with drive -up windows.
.0222 Motor Vehicle Repair Facilities: Three and
one-half (3.5) spaces per 1000 square feet of GFA or five
(5) parking spaces, whichever is greater.
.0223 Motor Vehicle Sales Facilities: Two and one-
half (2.5) spaces per 1,000 square feet of GFA for interior
showroom use plus four (4) spaces per 1,000 square feet of
GFA for office use, plus five and one-half (5.5) spaces per
1,000 square feet of GFA for parts, sales, storage and
repair use.
.0224 Kiosk Facilities (such as keys, film, etc.)-
One (1.0) space per twenty-five (25) square feet of GFA or.
five (5) spaces per facility whichever results in the
greater number of spaces.
.0225 Convenience Market, Take-out, Food/Meal
Service: Five and one-half (5.5) spaces per 1,000 square
feet of GFA plus three (3) parking spaces for the first
additional use plus one parking space for each additional
use thereafter, except that said additional spaces shall not
be required when the use is integrated within a commercial
retail center.
.0226 Furniture, Carpet and Flooring - Sales and
Display: Two and one-quarter (2.25) spaces per 1,000 square
feet of GFA.
.0227 Computer Rental/Internet Amusement
Businesses: Nine -fiftieths (0.18) of a space per computer or
five and one-half (5.5) spaces per 1,000 square feet of GFA,
whichever results in the higher number of parking spaces.
2
.023 Eating and/or Drinking Establishments:
.0231 Restaurants — Enclosed and Semi -Enclosed,
with or without cocktail lounge and/or entertainment
facilities, and integrated into a planned development
complex such as a shopping center or industrial complex:
Eight (8.0) spaces per 1,000 square feet of GFA.
.0232 Restaurants — Enclosed and Semi -Enclosed,
with or without cocktail lounge and/or entertainment
facilities, and not integrated into a planned development
complex such as a shopping center or industrial complex:
Fifteen (15.0) spaces per 1,000 square feet of GFA.
.0233 Restaurants — Walk up, Drive-in,
Drive-through, Fast Food: Sixteen (16.0) spaces per 1000
square feet of GFA.
.0234 Restaurants, Take-out (not to exceed a
cumulative maximum total of ten seats for patrons): Five and
one-half (5.5) spaces per 1,000 square feet of GFA.
.0235 Bars and Nightclubs: Seventeen (17.0) spaces
per 1,000 square feet of GFA.
.0236 Billiard Halls: Two (2) parking spaces per
billiard table, plus required parking for other uses within
the facility.
.024 Lodging Accommodations:
.0241 Hotel/Motel Facilities: The following number
of parking spaces shall be provided: Four-fifths (0.8) of a
space for each guest room, plus eight (8.0) spaces for each
one thousand (1,000) square feet of banquet/meeting room,
eating/drinking and restaurant floor area and one (1.0)
space per 1000 gross square feet of retail space, plus
one-quarter (.25) space for each employee working in guest
room areas.
.0242 Bed and Breakfast Inns: One (1) parking space
for each bedroom in the residence, plus one (1) parking
space for each nonresident employee, plus one (1) additional
parking space for visitors. For purposes of this subsection
only, the term "bedroom" shall mean any room designed,
intended or primarily used for sleeping purposes.
3
.025 Amusement and Recreational Facilities:
.0251 Theme Amusement or Recreation Type
Facilities: Due to the unique nature of these types of uses,
parking requirements shall be determined by the City Traffic
and Transportation Manager and/or Planning Commission based
upon the nature and extent of the intended use and upon
information contained in 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 and Transportation Manager and provided by the
developer to the City, at the developer's sole expense, at
the time of application for such use.
.0252 Bowling Alleys: Three (3) spaces per bowling
lane plus one space per each thirty-five (35) square feet of
GFA used for public assembly, plus five and one-half (5.5)
spaces per 1000 square feet of GFA used for other commercial
purposes.
.0253 Golf Course - General: Ten (10) spaces per
hole plus one (1) space per each thirty-five (35) square
feet of GFA used for public assembly, plus five and one-half
(5.5) spaces per 1000 square feet of GFA used for other
commercial purposes.
.0254 Golf Course - Miniature: Twenty (20) spaces
per course, plus one space per each employee.
.0255 Golf Driving Range: One (1) space per driving
tee.
- .0256 Skating Rinks - Ice or Roller: Two and
four -tenths (2.4) spaces per 1000 square feet of GFA.
.0257 Racquetball Facilities: Five (5.0) spaces per
court.
.0258 Tennis Facilities: Five (5) spaces per court.
.0259 Theaters:
.02591 Live Performance: Four -tenths
(0.4) space per seat or per patron, whichever results
in a higher number, plus eight -tenths (0.8) space per
employee, including performers.
4
.02592 Single Screen Motion Picture
Theater: Six -tenths (0.6) space per seat or per patron,
whichever results in a higher number, plus five (5)
employee spaces.
.02593 Multi -Screen Motion Picture
Theater: Three -tenths (0.3) space per seat or per
patron, whichever results in a higher number, plus (2)
employee spaces per screen.
.0260 Health Spas and Physical Fitness
Centers: Five and one-half (5.5) spaces per 1,000
square feet of gross floor area for facilities under
4,000 square feet; for facilities 4,000 square feet or
larger, parking requirements shall be determined by the
City Traffic and Transportation Manager and/or Planning
Commission based upon 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 and Transportation Manager and
provided by the developer to the City, at the
developer's sole expense, at the time of application
for such use.
.026 Educational and Institutional Uses:
.0261 Art Galleries with Accessory Retail Sales,
Exhibition Halls, and Museums: Three and three -tenths (3.3)
spaces per 1,000 square feet of GFA.
.0262 Assembly Halls and Auditoriums: One-third
(0.333) space per fixed seat or twenty-nine (29) spaces per
1,000 square feet of GFA of the assembly area, whichever
results in the higher number of parking spaces, plus four
(4) spaces per 1,000 square feet of GFA for office use,
plus, if a kitchen facility is provided, two -hundredths
(.02) space per person for the maximum capacity figure of
the assembly area determined by the City Fire Department.
.0263 Business Schools, Trade Schools and Training
Centers: Eighty-two hundredths (0.82) space per student or
twenty (20) spaces per 1,000 square feet of GFA of
instruction area, whichever results in the higher number of
parking spaces, plus four (4) spaces per 1,000 square feet
of GFA of office area.
.0264 Child Daycare Centers, Preschools and
Nurseries: One (1) space per employee plus one (1) space per
5
ten (10) children plus one (1) space for loading and
unloading children on-site.
.0265 Convalescent Homes and Senior Citizens'
Apartment Project — Congregate Care: Eight -tenths (0.8)
space per bed.
.0266 Churches, Synagogues and other Places of
Religious Worship: One-third (0.333) space per fixed seat or
twenty-nine (29) spaces per 1,000 square feet of GFA for the
assembly area, whichever results in the higher number of
parking spaces, plus four (4) spaces per 1,000 square feet
of office use, plus, if a kitchen facility is provided,
two -hundredths (.02) space per person for the maximum
capacity figure of the assembly area determined by the Fire
Department. Churches, synagogues and other places of
religious worship which also provide educational and/or
daycare services on the premises which meet the standard set
forth in this paragraph .0266 shall not be required to
provide additional parking for said accessory uses.
.0267 Elementary Schools and Junior High Schools:
One (1) space per classroom, plus one (1) space per
non -office employee, plus four (4) spaces per 1,000 square
feet of GFA for office use, plus parking as required by
paragraph .0262 for any assembly halls and auditoriums.
.0268 High Schools: One (1) space per nonoffice
employee, plus one (1) space per six (6) students, plus four
(4) spaces per 1,000 square feet of GFA for office use, plus
parking as required by paragraph .0262 for any assembly
halls and auditoriums.
.0269 Hospitals and Other In -Patient Care
Facilities: One (1) space per bed, plus six (6) spaces per
1,000 square feet of GFA for the remaining area not
containing rooms with beds.
.027 Transportation Terminals and Heliports: Due to the
unique nature of these uses, parking requirements shall be
determined by the City Traffic and Transportation Manager and/or
Planning Commission based upon information contained in 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 and Transportation Manager and provided by the
developer to the City, at the developer's sole expense, at the
time of application for such use.
C
.028 Self -Storage Facilities: Twenty-seven hundredths
(0.27) space per 1,000 square feet of gross floor area or five
(5) spaces, whichever results in a higher number, plus adequate
loading and unloading areas as required by the City Traffic and
Transportation Manager."
SECTION 3.
That subsection .145 be, and the same is hereby, added
to Section 18.44.050. of Chapter 18.44 of Title 18 of the Anaheim
Municipal Code to read as follows:
".145 Computer Rental/Internet Amusement Businesses,
as defined in Section 18.01.040 of this Code."
SECTION 4.
That new subsection .055 be, and the same is hereby
added to Section 18.50.090 of Chapter 18.50 of Title 18 of the
Anaheim Municipal Code to read as follows:
"'.055 Computer Rental/Internet Amusement
Businesses, as defined in Section 18.01.040 of this Code,
where located within a 'planned mixed use development,' as
defined in subsection 18.50.020.130 of this chapter."
SECTION S.
That subsection .0441 of Section 18.55.044 of Chapter
18.55 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
"18.55.0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED,
ACCESSORY, AND CONDITIONAL USES AND STRUCTURES.
Notwithstanding any other provisions of this Chapter to
the contrary, the following permitted, accessory, and
conditional uses shall not be permitted:
.010 Billboards, as defined in Chapter 18.05.
.015 Amusement device arcades.
.020 Boarding and/or lodging houses.
.025 Non-residential use of residential structures.
7
.030 Bars and cocktail lounges, unless integrated
with a full-service restaurant that has been approved by a
Conditional Use Permit pursuant to Section 18.55.0442.080.
.032 Computer Rental/Internet Amusement Businesses,
as defined in Section 18.01.040 of this Code.
.035 Hotels, motels, and motor inns.
.040 Large collection facilities for recycling
purposes.
.050 Labor camps.
.060 Liquor stores.
.070 Massage parlors.
.080 Mobilehome and/or trailer parks.
.090 Mobilehome park subdivisions.
.100 Nightclubs.
.110 Off -premises sale of alcoholic beverages
unless specifically approved in conjunction with a
Conditional Use Permit for a market or grocery store having
an interior building floor area of greater than 30,000
square feet pursuant to Section 18.55.0442.060.
.120 Pawnshops.
.125 Pool and/or billiard centers
.130 Public dance halls, as defined in Chapter 4.16
.140 Reconstruction of a single family residence
damaged or destroyed, except as provided in Section
18.44.020.305.
.160 Saunas and/or Turkish baths.
.170 Self -storage or mini -warehouse facilities.
.180 Sex oriented businesses."
n
SECTION 6.
That new subsection .115 be, and the same is hereby
added to Section 18.56.064 of Chapter 18.56 of Title 18 of the
Anaheim Municipal Code to read as follows:
".115 Computer Rental/Internet Amusement Businesses, as
defined in Section 18.01.040 of this Code."
SECTION 7. 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 S. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the
repeal of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 9. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
7
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 11th day of .Tune ,
2002.
MAYOR OF THE CITY OF TAHEIM
ATTEST:
ITY CLKRK OF THE CITY OF ANAHEIM
43597.5\SMANN\May 13, 2002
10
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5813 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of June, 2002, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 11th day of June, 2002, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CL K OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA. )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951. Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California; that the notice, of which the
annexed is a true printed copy, has been published
in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
June 20. 2002
" I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executeat Santa Ana, Orange County,
Califorri o on
tJ t\i
L1! Jape 20, 2002
C= u- =Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
S90
P
OF
AW
OW00ACE NO. 5813
N ORDMIMICE OF THE CITY OF ANAHEIM. IN
ARKW$ SE6`F W OF TITLE 10 OF THE Ali M
1CIPA}.00Mfr1ELATING TO
ENTAWNTE'1111NET AMUSEME SM
his o
anTitle 16 d this Anaheim MutniciPal
X48 rm^i Puror renlaUtrtNt m b
s fat-
easea. Tf,.ae revisions, are generelfY
)ws:
Incorporates, a broad dsllndlon of computer renhdlintemet
unusarnatt bueinasaes kite Tins /8; Chapter 13.01
Definitions - Zonkt3 Code).
!. Allows oomput r rentWw"mot arrmsementbusinesses,
here auttwrta.d by the approval of a conditional use per-
nk in the CL (Commerciai, Limited) Zone.
3. ProhiWls computer rentsVintemet amusement busin es
n the BCC (BMgkhurst Commercial Cortldor) and SA
(South Anaheim Boulevard Corridor) Overlay Z—'
4. Allows computer rentalllntern t amusement businesses,
whore authorized by the appy of a conditional use per-
mit, in the SE (Sports Entertainment) Ovarial Zone only
where locatedwithkt a'Manned misted use development' as
defined in subsection 19 50.020.130.
5. Adds specific parking requirements for computer
rerdeliMfternstarr buakres
I, Sheryll Schroeder, City Glerk of the City of Anaheim, do
hereby cert�'rffyy that'the tora3 b frautrxnNY of Ordinance
No. 5813 which ordnance Mraa Ai a regular meet-
ing of Uta Council all C(lyOtAtrnhekn on tl,e 4triet qday
of June, 200 and Was d� P� arKt Jurat 2002 by
lar of
of said 0w;Jo=n tlt! 1t t Y
the following roll call vote of metnberothered:
AYES: Mayor Day, Council Members: Feldhaus, Kring,
McCracken, Taft
NOES: None
ABSENT: None
The above summary is a brief d"adr0Uon of this subject mat
ter contained in the led (if Ordinance Ne. 5613 which has
=,Orreparsd pursuant 10 SectiortS12 of the Charter of the
C ty Anaheim. This summary does not include or de -
relied on as a sub titute fion of orrV* ttu dashould
o dinance.
To obtain a copy of the full teem of to ordlr� ce, please con
tact the Office of the City C", U(714) 766.5166, between
8:00 AM and 5:00 PM, Monday Through Friday. There is no
charge for the copy.
i Publish: Anaheim Bulletin
iJune 20, 2002
25.609
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