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PC 2016/08/08 City of Anaheim Planning Commission Agenda Monday, August 8, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Mitchell Caldwell • Chairman Pro-Tempore: Paul Bostwick • Commissioners: Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour, One Commission Vacancy • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Bicycle Master Plan Workshop • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, August 4, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 08-08-2016 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 08-08-2016 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2016-05879 VARIANCE NO. 2016-05073 (DEV2016-00058) Location: 1330 West Pearl Street Request: The applicant requests to establish a group care facility within an existing apartment complex and a variance to permit less parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net 08-08-2016 Page 4 of 5 ITEM NO. 3 ZONING CODE AMENDMENT NO. 2016-00133 DISNEYLAND RESORT SPECIFIC PLAN ADJUSTMENT NO. 9 (SPN92-1P) ANAHEIM RESORT SPECIFIC PLAN ADJUSTMENT NO. 7 (SPN92-2V) (DEV2016-00065) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying the following Zoning Code chapters related to: 1) commercial retail centers: Chapter 18.08 (Commercial Zones); 2) structural height: Chapter 18.92 (Definitions); 3) telecommunication antennas and tile sales: Chapter 18.38 (Supplemental Use Regulations); 4) banquet halls and artist studios: Chapter 18.08 (Commercial Zones), Chapter 18.10 (Industrial Zone) and Chapter 18.36 (Types of Uses); 5) amendment of permit approval and determination of public convenience or necessity: Chapter 18.60 (Procedures); 6) personal services: Chapter 18.32 (Mixed Use (MU) Overlay Zone) and Chapter 18.42 (Parking and Loading); 7) wine bar and tattoo parlors: Chapter 18.36 (Types of Uses); 8) retail sales: Chapter 18.08 (Commercial Zones) and Chapter 18.10 (Industrial Zone); 9) building setbacks: Chapter 18.10 (Industrial Zone); 10) roof- mounted equipment: Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); 11) density bonus development incentives: Chapter 18.52 (Density Bonuses); 12) sex-oriented business permit: Chapter 18.54 (Sex-Oriented Businesses); 13) alcoholic beverage manufacturing: Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone), Chapter 18.38 (Supplemental Use Regulations) and Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2)); 14) concierge lounge and transitional and supportive housing: Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2)); 15) setback encroachments and maximum structural height: Chapter 18.06 (Multiple-Family Residential Zones); 16) minimum lot depth: Chapter 18.04 (Single-Family Residential Zones); 17) window signs: Chapter 18.44 (Signs); 18) site development standards and vacation ownership units: Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP-92-1)); 19) tandem parking requirements: Chapter 18.42 (Parking and Loading); 20) murals: Chapter 18.44 (Signs), Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP- 92-1)) and Chapter 18.116 (Anaheim Resort Specific Plan No. 92- 2 (SP92-2)); and 21) electric vehicle charging stations: Chapter 18.36 (Types of Uses) and Chapter 18.38 (Supplemental Use Regulations). Environmental Determination: The proposed action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) of the State of California Guidelines for Implementation of the California Environmental Quality Act. Motion Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net 08-08-2016 Page 5 of 5 Adjourn to Monday, August 22, 2016 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:30 p.m. August 3, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. 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Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 8, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 LOCATION: 1330 West Pearl Street APPLICANT/PROPERTY OWNER: The applicant is Paul Chiavatti on behalf of the Anaheim Lighthouse. The property owners are Avedis Jalakian and Shabnam Jalakian. REQUEST: The applicant requests approval of a conditional use permit to establish a group care facility for up to 20 people and a variance to permit fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is Categorically Exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073. BACKGROUND: The 0.2-acre property is developed with a 2-story, 4-unit apartment building and is located in the “RM-4” Multiple Family Residential zone. The Anaheim General Plan designates this property for Medium Density Residential land uses. The property is surrounded by apartment complexes on all four sides. There are four existing group care facilities located adjacent to the project site. These facilities are located at 1300, 1310, 1320, and 1340 West Pearl Street. The project applicant currently operates the property as a sober living residential facility, which is permitted by right in the RM-4 Zone. The existing facility is considered a by-right residential use because no counseling or treatment services are being provided to the residents. In addition to operating the existing sober living facility, the Anaheim Lighthouse also operates four existing group care facilities located on West Pearl Street. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 August 8, 2016 Page 2 of 5 PROPOSAL: The applicant requests approval of a conditional use permit to establish a group care facility for up to 20 people to be used as an “alcoholism or drug abuse recovery or treatment facility.” Three of the four apartment units have two bedrooms and one unit has three bedrooms. The facility would provide 24 hour non-medical care with 2 to 4 staff members on site at all times. The facility would also provide on-site group and individual counseling and each client would be assigned a credentialed therapist and a certified treatment counselor. Clients would receive a treatment plan prepared by their counselor upon admission into the program which they would be required to follow. The treatment component could range between 7 to 90 days, and includes courses such as relapse prevention and socialization skills. Counseling services would be provided only to tenants residing at the subject facility. Upon completion of the program, the clients would be transitioned into a sober living care residence. Clients are referred to the program by private insurance companies or certified/licensed treatment professionals. The Department of Health Care Services (DHCS) has sole authority to license facilities providing 24- hour residential nonmedical services to eligible adults who are recovering from problems related to alcohol or other drug (AOD) misuse or abuse. Licensure is required when at least one of the following services is provided: detoxification, group sessions, individual sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Licensed facilities are reviewed every two years and subject to one announced site visit per year; however, unannounced site visits by the State occur periodically. Supervision of the property would be provided 24 hours a day by a manager and assistant manager. There are a total of 58 surveillance cameras on all five buildings owned by the operator on this street, and these cameras are monitored off-site. The facility would also provide full time cooking, maintenance, and housekeeping staff. Additionally, counselors and therapists would visit the site daily to provide on-site group and individual counseling/therapy as a component of a client’s treatment plan. As mentioned above, Anaheim Lighthouse operates four other group homes at 1300-1340 West Pearl Street. The compatibility of the existing group homes on the surrounding neighborhood is described later in this report. There are eight on-site parking spaces proposed: a one-car and two-car garage accessed off of Pearl Street, a three-car garage toward the center of the property, and two uncovered spaces at the rear of the property. Residents would not be permitted to keep vehicles on-site. The provided parking spaces would be used by management and counselors. Maintenance, cooking, and cleaning staff would utilize the on-site parking; however, the full time staff maintain all five buildings and would not require additional parking than what is currently provided. Family members may visit residents on Saturday’s after the initial 7 day detoxification period. Residents are not permitted to leave the site without being accompanied by staff or completing a request form which can be denied if the counselor believes it could be detrimental to the resident’s treatment. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 August 8, 2016 Page 3 of 5 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. A conditional use permit is required for a group care facility in the RM-4 zone. The purpose of the conditional use permit is to ensure that the facility would be compatible with surrounding uses and not negatively impact the adjacent community. The Anaheim Lighthouse operates the four other group care facilities located on this street at 1300, 1310, 1320, and 1340 West Pearl Street. During the Planning Commission hearings for these previously-approved requests, concerns were raised by neighbors regarding insufficient parking in the neighborhood, tenants congregating outside, and the proximity of the facilities to children. In one case, a condition was added to require enhancements to the south portion of the property to provide a location for the tenants to congregate onsite. A similar condition would not be necessary for this application as the property contains a patio area within the property that is not adjacent to the street. The Anaheim Police Department has provided a police report with a summary of the calls for service over the last 24 months (two years) at the 1300, 1310, 1320, 1330, and 1340 West Pearl Street properties (Attachment No. 6). There have been a total of 83 calls for service at these five locations over the two year period, with 58 calls coming from the 1320 West Pearl Street property. The applicant has explained that the main manager’s office is located at the 1320 West Pearl Street address, which is the reason why the majority of calls are attributed to that location. The calls varied from suicide attempts, battery and assault, trespassing, tenant disturbance, 911 hang up, medical aid, and check the welfare. After further discussion with Police Department staff, it was determined that most of the calls originated from the facilities, rather than a call from a neighbor or person not associated with the facilities. Twenty-seven of the calls were categorized as “advised incident” or “assist other department.” Police Department staff has explained that such calls meant that the visit was initiated by the officer or that the officer was assisting another agency, such as a probation office. With this information, staff calculated that all five facilities together (4 group care, 1 sober living) average 28 calls for service and 13 “advised incidents” or “assist other department” calls per year. Police Department staff will be present at the Planning Commission meeting to answer specific questions regarding these crime statistics. In the past five years, the five group care facilities on Pearl Street have been cited six times by Code Enforcement. The citations include re-roofing without a building permit, using garages for non-compliant uses (storage and common area functions), failure to obtain a business license, bulk items left in the front yard and trash containers left outside. These violations have all been resolved and the cases have been closed by Code Enforcement. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 August 8, 2016 Page 4 of 5 The police calls for service have originated from the facility operator, rather than from surrounding neighbors, which suggests that the existing and proposed facility has not posed an undue burden on the area. In addition, all code enforcement violations have been resolved. Therefore, staff believes the proposed facility can be compatible with the surrounding land uses and not negatively impact the neighborhood. Conditions of approval to ensure that the business is operated in a responsible manner have been attached to the draft resolution, such conditions include: no more than 8 vehicles may be associated with the property at one time, all recovery and counseling services shall be for current residents only, an on-site manager must be present at all times, and visitors are only permitted on Saturdays. Parking Variance: Before the Planning Commission may approve a parking variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The applicant requests fewer parking spaces than required by code. The Code requires group care facilities to provide 0.8 spaces per bed. The applicant is requesting to permit a facility with up to 20 beds, which would require 16 spaces, and eight spaces are proposed. The applicant has submitted a letter of operation stating that residents would not be permitted to possess a vehicle on site. As a result, no parking spaces would be needed for the residents. The provided parking spaces would be used by the on-site managers, visitation by counselors, and other staff associated with the treatment program. Other parking variances were granted for the adjacent group care facilities as follows: Approval Address Parking Required Parking Provided CUP2003-04789 1300 W. Pearl St. * 8 CUP2004-04837 1310 W. Pearl St. * 11 CUP2007-05210 1320 W. Pearl St. 19 8 CUP2008-05294 1340 W. Pearl St. 19 9 * These facilities were approved prior to the Zoning Code Update in 2004. No Code requirement existed for group care facilities at that time. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 August 8, 2016 Page 5 of 5 On-street parking in the neighborhood does appear to be heavily used in this area; however, staff has found no evidence that the five group care facilities are impacting on-street parking in the neighborhood. Staff received one letter from a property owner in the neighborhood in opposition to the parking variance due to concerns regarding insufficient parking (Attachment No. 7). Currently, the building is operating as a sober living facility in which residents are permitted to keep vehicles on-site. If the treatment facility receives approval, future residents would not be permitted to possess a vehicle and parking would only be utilized for management and counselors, thereby reducing parking impacts in the neighborhood. Staff visited the site twice and observed that all five properties were well-maintained, there were no residents congregating outside, and there was no evidence that the facilities were using on-street parking. As a result, staff believes that on-site parking would be sufficient to accommodate the need of the facility without creating an undue burden on the surrounding neighborhood. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed project would provide a supervised environment for drug and alcohol rehabilitation. Based upon staff’s research of the existing use of the property, the operational history of the adjacent group care facilities, and the applicant’s proposal and letter of operation, staff recommends approval of this request. Respectfully submitted, Concurred by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Letter of Operation 3. Plans 4. Site Photographs (interior) 5. Site Photographs (exterior) 6. Police Report 7. Neighbor’s Correspondence 8. Letter of Support – California State Assemblywoman Young Kim, 65th District RM-4FOURPLEX RM-4APTS14 DU RM-4APTS8DU RM-3DUPLEX RM-3S.F.R. RM-4S.F.R. RM-4APTS13 DU RM-4APTS10 DU C-GRESTAURANT RM-3S.F.R. C-GOFFICES RM-3S.F.R. RM-4DUPLEX RM-4PARK WILSHIRE APTS77 DU RM-4CONDOS163 DU RM-3DUPLEX RM-4APTS10 DU RM-3S.F.R. C-GVACANT RM-3DUPLEX RM-3TRIPLEX RS-3SINGLE FAMILY RESIDENCE RM-3TRIPLEX RM-4APARTMENTS RM-4FOURPLEX RM-4FOURPLEX RM-3DUPLEX RM-3DUPLEX RM-3DUPLEX RM-3DUPLEX RM-3S.F.R. RS-1SINGLE FAMILY RESIDENCERS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE 5 FREEWAY 5 FREEWAY W L I N C O L N A V E W PEARL ST N W I L S H I R E A V E W DW YE R D R N P E A R L S T N C A R L E T O N A V E W B E V E R L Y D R W BIRCHMONT DR N D W Y E R P L N D W Y E R D R N W E D G E W O O D D R W. LINCOLN AVE W. LA PALMA AVE W. BROADWAY N . E U C L I D S T S . E U C L I D S T N . H A R B O R B L V D N . A N A H E I M B L V D S .W A L N U T S T N . L O A R A S T S . H A R B O R B L V D S . A N A H E I M B L V D 1330 West Pearl Street DEV No. 2016-00058 Subject Property APN: 255-022-42 °0 50 100 Feet Aerial Photo:June 2015 5 FREEWAY 5 FREEWAY W L I N C O L N A V E W PEARL ST N W I L S H I R E A V E W DW YE R D R N P E A R L S T N C A R L E T O N A V E W DIAMOND ST W B E V E R L Y D R W BIRCHMONT DR N D W Y E R P L N D W Y E R D R N W E D G E W O O D D R W. LINCOLN AVE W. LA PALMA AVE W. BROADWAY N . E U C L I D S T S . E U C L I D S T N . H A R B O R B L V D N . A N A H E I M B L V D S .W A L N U T S T N . L O A R A S T S . H A R B O R B L V D S . A N A H E I M B L V D 1330 West Pearl Street DEV No. 2016-00058 Subject Property APN: 255-022-42 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00058) (1330 WEST PEARL STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016- 05879 and Variance No. 2016-05073 to establish a group care facility for up to 20 residents to be used as an "alcoholism or drug abuse recovery or treatment facility", as defined in Section 11834.02 of the California Health and Safety Code, within an existing four-unit apartment building with less parking than required by the Zoning Code (the "Proposed Project") on that real property located at 1330 West Pearl Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.2-acres in size and is currently developed with a two-story, four-unit apartment complex. The Anaheim General Plan designates the Property for “R-M” Medium Density Residential land uses. The Property is located in the “RM-4" Multiple Family Residential Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 8, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed Project and, specifically, with respect to the request for Conditional Use Permit No. 2016-05879, does find and determine the following: 1. The proposed use to establish a residential group care facility for up to 20 residents is an allowable primary use within the "RM-4" Multiple Family Residential Zone, subject to a conditional use permit, as authorized under Table 6-A of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of the Code. 2. The proposed conditional use permit to establish a residential group care facility for up to 20 residents, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located subject to conditions of approval contained herein to ensure that the business is operated in a responsible manner and would not have an adverse effect on the surrounding multi-family residential uses in the area. 3. The size and shape of the site for the residential group care facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. The residents will not be permitted to possess a vehicle while living at the facility, nor will they be permitted to leave without being accompanied by staff. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding multi-family residential uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon a parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2016-05073 to allow fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (16 spaces required; 8 spaces proposed) - 3 - PC2016-*** 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use because the residents are not permitted to drive and there are a maximum of four staff members on the premises at any time. An operations justification letter was prepared by the applicant which states that the proposed number of parking spaces within the Property would be sufficient to accommodate staff and visitors; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant’s parking justification letter; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant’s parking justification letter; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress via one existing driveway along Pearl Street; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2016-05879 and Variance No. 2016-05073, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 8, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 8, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05879 (DEV2016-00058) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The applicant shall provide to the Planning Department a copy of the license, with any attached conditions, issued by the State of California Department of Health Care Services, authorizing the proposed use as a residential "alcoholism or drug abuse recovery or treatment facility", as defined in Section 11834.02 of the California Health and Safety Code. Planning and Building Department, Planning Services Division 2 Residents and employees shall not be permitted to maintain more than the allotted eight (8) parking spaces for personal vehicles on the premises or while residing at the facility. Planning and Building Department Code Enforcement Division 3 Vistors shall only be permitted to visit the facility on Saturday’s and visitations shall be scheduled in a manner that will not result in exceeding the permitted 9 on-site parking spaces. Planning and Building Department Code Enforcement Division 4 No signs shall be visible from the public right-of-way identifying this use as an alcoholism or drug abuse recovery or treatment facility. Planning and Building Department, Code Enforcement Division 5 All recovery services, including counseling, shall be for the residents at this address (1330 West Pearl Street) only. Planning and Building Department, Code Enforcement Division 6 The applicant shall provide an on-site manager or appointed responsible party at all times. This person shall be responsible for responding to any concerns regarding the operations of the facility. Planning and Building Department, Code Enforcement Division 7 Within 30 days of the date of this resolution, the name and telephone number of the on-site manager shall be provided to the Code Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. Planning and Building Department, Code Enforcement Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 Within 90 days of the date of this resolution, the applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police Department 9 All trash generated from the facility shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trask pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS 10 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 12 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 13 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 Interior Site Photographs 1330 West Pearl St CUP2016-05879 ATTACHMENT NO. 4 Bathroom – Typical Unit B, C, D Bathroom – Typical Unit B, C, D Bathroom – Unit A Bedroom – Typical of all units Kitchen – Unit B,C, & D Kitchen – Unit A Laundry Room Living & Dining Room – Typical Unit B, C, D Living & Dining Room – Unit A ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. City of Anaheim ITEM NO. 3 PLANNING COMMISSION REPORT PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 8, 2016 SUBJECT: ZONING CODE AMENDMENT NO. 2016-00133, ADJUSTMENT NO. 9 TO THE DISNEYLAND RESORT SPECIFIC PLAN AND ADJUSTMENT NO. 8 TO THE ANAHEIM RESORT SPECIFIC PLAN LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code including adjustments to the Disneyland Resort and Anaheim Resort Specific Plans. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines and recommend City Council approval of Zoning Code Amendment No. 2016-00133, Adjustment No. 9 to the Disneyland Resort Specific Plan and Adjustment No. 8 to the Anaheim Resort Specific Plan. PROPOSAL: This amendment includes modifications to permitted land uses, development standards, procedures and definitions contained in the Zoning Code. A summary of the proposed amendments is provided as Attachment No. 1 to this report and includes the description and purpose of each amendment. ANALYSIS: Since its comprehensive update in 2004, amendments to the Zoning Code have been made on an as-needed basis as the result of the periodic review of the Code by staff. This amendment involves various minor changes to numerous sections of the Code to provide clarity, correct typographically errors, create internal consistency of terms and definitions, and to amend development standards to reflect current market trends. CONCLUSION: This proposal is intended to amend the Zoning Code through a series of technical and/or clarifying modifications to existing provisions. Staff recommends approval of this Zoning Code Amendment and Adjustments to the Disneyland Resort Specific Plan the Anaheim Resort Specific Plan as it will provide staff, decision makers, and members of the public, with clearer standards, procedures and definitions. Prepared by, Submitted by, Gustavo N. Gonzalez, Senior Planner Jonathan E. Borrego, Planning Services Manager Attachments: 1. Summary of Amendments 2. Draft Ordinance 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net Draft Ordinance ZCA2016-00133, SPN92-1P and SPN92-2V Summary of Amendments Ordinance Section Zoning Code Chapter(s) Description 1 Chapter 1.04 (Officers and Departments) This amendment reflects the new title of the Planning Director and to provide that any reference throughout the Municipal Code to "Planning Director" shall mean the "Director of the Planning and Building Department". 2, 6 18.08 (Commercial Zones) Commercial Retail Centers: “Commercial Retail Centers” are currently permitted by right so long as they comply with the provisions of Section 18.38.115 (Commercial Centers). Section 18.08.030.100 states that a conditional use permit is required for “Commercial Retail Centers”. This clean up amendment corrects this inconsistency. It also corrects a typographical error related to this type of use. 3 18.92 (Definitions) Structural Height: This clean up amendment repeals Appendix C (Height, Structural), which illustrates how to measure the height of a structure, to be consistent with a previous modification to the definition of “Height-Structural” as the information on the Appendix C is incorrect. 4 Chapter 18.38 (Supplemental Use Regulations) Telecommunication Antennas: This amendment removes the requirement to coordinate with the Orange County Sheriff’s Department prior to activating a telecommunications facility as this requirement is no longer necessary. 5, 6, 7 Chapter 18.38 (Supplemental Use Regulations) Chapter 18.10 (Industrial Zone) Tile Sales: This amendment allows “Tiles Sales” as an accessory use in the Industrial Zone. This use is currently limited to the “Tile Mile” area along State College Boulevard. “Tile Sales” would still be subject to the outdoor storage requirements of the Industrial Zone and the parking requirements of Section 18.38.250, which requires that the number of required off-street parking spaces not be less than the sum total of the requirements for each individual type of use, including the showroom area. 6, 7, 8 Chapter 18.08 (Commercial Zones) Chapter 18.10 (Industrial Zone) Chapter 18.36 (Types of Uses) Banquet Halls: This amendment provides a definition for “Banquet Hall” and allows this use by conditional use permit (CUP) in the Commercial and Industrial Zones. 11 Chapter 18.60 (Procedures) Amendment of Permit Approval: This amendment eliminates the 10-year time limit under which to consider minor amendments, corrects an inconsistency related to administrative amendments, and creates a provision to address “Use Variances” including criteria for amendments to previously-approved Use Variances. 13, 15 Chapter 18.32 (Mixed Use (MU) Overlay Zone) Chapter 18.42 (Parking and Loading) Personal Services: This clean up amendment corrects a typographical error related to “Personal Services” which are incorrectly cited as “Personnel Services.” 6, 10, 13 Chapter 18.08 (Commercial Zones) Chapter 18.32 (Mixed Use (MU) Overlay Zone) Chapter 18.36 (Types of Uses) Wine Bar: This amendment provides a definition for “Wine Bars” and allows this use by CUP in the Commercial Zone and the Mixed Use Overlay Zone. 6, 7 Chapter 18.08 (Commercial Zones) Retail Sales: This amendment corrects an incorrectly referenced provision for ATTACHMENT NO. 1 Attachment No. 1 ZCA2016-00133, SPN92-1P and SPN92-2 Summary of Amendments 2 Ordinance Section Zoning Code Chapter(s) Description Chapter 18.10 (Industrial Zone) “Retail Sales-General” and eliminates “Retail Sales-Household Furniture” as a separate Retail Sales category. 16 Chapter 18.10 (Industrial Zone) Structural and Landscape Setbacks: This amendment reduces the minimum structural and landscape setbacks in the Industrial Zone to be consistent with the setbacks in the recently adopted Anaheim Canyon Specific Plan. 17 Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) Roof-Mounted Equipment: This amendment eliminates the requirement for a conditional use permit to allow roof-mounted equipment in the Scenic Corridor Overlay Zone. Roof-mounted equipment would still be subject to screening requirements that would ensure concealment. 18 Chapter 18.52 (Density Bonuses) Density Bonus Development Incentives: This amendment clarifies that the applicant shall pay for all costs associated with the review of any required pro forma or other financial data submitted as part of a density bonus application in support of a request for density bonus development incentives. 19 Chapter 18.54 (Sex-Oriented Businesses) Sex-Oriented Business Permit: This amendment allows the Director of the Planning and Building Department to establish the information required in the sex-oriented business permit application form instead of adopting these requirements by City Council resolution. 20, 21, 23 Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) Chapter 18.38 (Supplemental Use Regulations) Chapter 18.116 (Anaheim Resort Specific Plan No. SP-92-2 (SP92-2) Zoning and Development Standards) Alcoholic Beverage Manufacturing: This amendment allows “Alcoholic Beverage Manufacturing” (micro-breweries) within the Platinum Triangle Mixed Use Overlay Zone and Anaheim Resort Specific Plan Zone, subject to the same requirements as the General Commercial and Regional Commercial Zones. The amendment clarifies that this use is permitted subject to the same requirements as the Industrial Zone in Development Areas 1 and 2 of the Anaheim Canyon Specific Plan Zone and the same requirements as the General Commercial and Regional Commercial Zones in Development Areas 3, 4, 5, and 6 of the Anaheim Canyon Specific Plan Zone. 22, 23 Chapter 18.116 (Anaheim Resort Specific Plan No. SP-92-2 (SP92-2) Zoning and Development Standards) Concierge Lounge: This amendment provides a definition for “Concierge Lounge” and allows this use as an accessory use in the Anaheim Resort Specific Plan. Such uses were formerly allowed subject to the approval of a conditional use permit in accordance with the Zoning Code’s “Unlisted Use” provisions. 23 Chapter 18.116 (Anaheim Resort Specific Plan No. SP-92-2 (SP92-2) Zoning and Development Standards) Transitional and Supportive Housing: This amendment prohibits “Transitional and Supportive Housing” in the Anaheim Resort Specific Plan consistent with the prohibition of other residential uses. 12 Chapter 18.60 (Procedures) Determination of Public Convenience or Necessity: This amendment allows the Director of the Planning and Building Department to make determinations of public convenience or necessity (PCN) for uses classified as “Alcoholic Beverage Manufacturing” and “Alcoholic Beverages – Off-sale” within the Disneyland Attachment No. 1 ZCA2016-00133, SPN92-1P and SPN92-2 Summary of Amendments 3 Ordinance Section Zoning Code Chapter(s) Description Resort, Anaheim Resort and Hotel Circle Specific Plan Zones. Such sales are intentionally permitted by-right but were often subject to discretionary review based on the need for a PCN Determination. 25 Chapter 18.06 (Multiple-Family Residential Zones) Multiple-Family Residential Setback Encroachment: This amendment allows properties in the Multi-Family Zones developed with existing ground-floor private patio areas only to encroach into the required setback with a patio cover up to a maximum of ten feet in height over the existing permitted patio area. 26 Chapter 18.04 (Single-Family Residential Zones) Minimum Lot Depth: This amendment eliminates the minimum lot depth requirement of 150 feet for lots adjacent to freeways and scenic expressways and 120 feet for lots adjacent to arterial highways and railroad rights-of-way. The minimum lot depth standards of the Single-Family Zone would continue to apply to these properties to ensure that newly created lots have sufficient depth. 9 Chapter 18.36 (Types of Uses) Tattoo Parlors: This amendment removes tattoo parlors from the “Personal Services-Restricted” types of uses and adds it to the “Personal Services-General” types of uses. In recent years, tattoo parlors have proven to be a use that tends to have relatively low police calls for service and no impacts on surrounding uses. As such, this amendment would no longer require tattoo parlors to obtain a conditional use permit prior to operating and would instead allow them by right. 27 Chapter 18.04 (Single-Family Residential Zones) Chapter 18.06 (Multiple-Family Residential Zones) Maximum Structural Height: This amendment corrects a typographical error related to maximum structural height in the Multiple-Family Residential Zones. 29 Chapter 18.44 (Signs) Window Signs: This amendment increases the maximum area that windows signs can obscure windows from 10 percent to 20 percent. It also clarifies that “see through” areas of signs, such as perforated signs, shall be included in the overall sign area. 31 Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP-92-1)) Sky Exposure Plane: This amendment removes Katella Avenue and West Street/Disneyland Drive from the Sky Exposure Plane requirement for the Hotel District of the Disneyland Resort Specific Plan. This change provides consistency with the requirements of the Anaheim Resort Specific Plan, such that the permitted height would be subject to the Maximum Permitted Structural Height Map. 14 Chapter 18.42 (Parking and Loading) Circular Driveway Parking: This amendment clarifies that parking areas located in semi-circular driveways may be permitted to encroach into the required front or street setback. 23, 28, 32 Chapter 18.116 (Anaheim Resort Specific Plan No. SP-92-2 (SP92-2) Zoning and Development Murals: This amendment provides requirements for murals in the Commercial Recreation (C-R) District of the Anaheim Resort Specific Plan and the Parking Attachment No. 1 ZCA2016-00133, SPN92-1P and SPN92-2 Summary of Amendments 4 Ordinance Section Zoning Code Chapter(s) Description Standards) Chapter 18.44 (Signs) District (Development Areas 3A and 3B) of the Disneyland Resort Specific Plan. Murals within these districts would be allowed as an accessory use by right, if the mural is not visible from the public right-of-way and by CUP, if the mural is visible from the public right-of-way. The amendment also broadens the types of materials that may be used for a Mural from “painting or tile” to “or other materials deemed appropriate.” 30 Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP-92-1)) Vacation Ownership Units: This amendment modifies the requirements for vacation ownership (timeshare) units in the Theme Park and Hotel Districts of the Disneyland Resort Specific Plan by removing the limit on the number of vacation ownership units permitted, consistent with the Anaheim Resort Specific Plan, which does not limit the number of timeshare units. A conditional use permit will continue to be required for vacation ownership units in excess of 150 units. There are 71 existing timeshare units in the two districts. 33 Chapter 18.36 (Types of Uses) Electric Vehicle Charging Stations: This amendment clarifies that electric vehicle charging stations should be considered “Mechanical & Utility Equipment–Ground Mounted”. This amendment is in anticipation of an upcoming amendment to Title 15 (Building and Housing) to regulate electric vehicle charging stations. Defined as a ground mounted mechanical & utility equipment, electric vehicle charging stations would not be allowed to be located in a required structural setback area as provided in Chapter 18.38 – Supplemental Use Regulations (Section 18.38.160.030). 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND SECTION 1.04.150 (PLANNING DEPARTMENT – OFFICES OF PLANNING DIRECTOR AND CHIEF BUILDING INSPECTOR) OF CHAPTER 1.04 (OFFICERS AND DEPARTMENTS) OF TITLE 1 (ADMINISTRATION), AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2016-00133) (ADJUSTMENT NO. 9 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)) (ADJUSTMENT NO. 8 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-1 (SP 92-2)) (DEV2016-00065) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and ATTACHMENT NO. 2 2 WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 1.04.150 (Planning Department – Offices of Planning Director and Chief Building Inspector of) Chapter 1.04 (Officers and Departments) of Title 1 (Administration) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 1.04.150 PLANNING DEPARTMENT — OFFICES OF PLANNING DIRECTOR AND CHIEF BUILDING INSPECTOR. .010 The Planning Department shall be under the supervision of the Director of the Planning Directorand Building Department of the City of Anaheim, which office is hereby created. All references in this Code to the "Planning Director" shall mean the Director of the Planning and Building Department of the City of Anaheim. The Planning Director shall perform the functions and duties of the Planning Director as set forth in this Code unless such functions and duties, or any of them, are delegated by the Planning Director to a duly authorized designee. .020 The Building Division, a division of the Planning Department under the supervision of the Planning Director, is hereby created. The Building Official shall be, and perform the duties of, the Chief Building Inspector and the Building Official as required by this Code. SECTION 2. That subsection .100 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .100 Commercial Retail Centers. No A combination of otherwise permitted uses that constitute a "commercial retail center," as defined in Chapter 18.92 (Definitions), shall be permitted if the commercial retail center complies with the provisions of Section 18.38.115; unlessotherwise, a conditional use permit is obtainedrequired pursuant to Chapter 18.66 (Conditional Use Permits). SECTION 3. That Appendix C (Height, Structural) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety and that the table of contents of said Chapter 18.92 (Definitions) be amended to read in full as follows: 3 Sections: 18.92.010 Purpose. 18.92.020 Applicability. 18.92.030 Rules of interpretation. 18.92.040 "A" words, terms and phrases. 18.92.050 "B" words, terms and phrases. 18.92.060 "C" words, terms and phrases. 18.92.070 "D" words, terms and phrases. 18.92.080 "E" words, terms and phrases. 18.92.090 "F" words, terms and phrases. 18.92.100 "G" words, terms and phrases. 18.92.110 "H" words, terms and phrases. 18.92.120 "I" words, terms and phrases. 18.92.130 "J" words, terms and phrases. 18.92.140 "K" words, terms and phrases. 18.92.150 "L" words, terms and phrases. 18.92.160 "M" words, terms and phrases. 18.92.170 "N" words, terms and phrases. 18.92.180 "O" words, terms and phrases. 18.92.190 "P" words, terms and phrases. 18.92.200 "Q" words, terms and phrases. 18.92.210 "R" words, terms and phrases. 18.92.220 "S" words, terms and phrases. 18.92.230 "T" words, terms and phrases. 18.92.240 "U" words, terms and phrases. 18.92.250 "V" words, terms and phrases. 18.92.260 "W" words, terms and phrases. 18.92.270 "X" words, terms and phrases. 18.92.280 "Y" words, terms and phrases. 18.92.290 "Z" words, terms and phrases. Appendix A Basement. Appendix B Block. Appendix C Height, structural.[INTENTIONALLY OMITTED] Appendix D Lot types. Appendix E Lot, depth. Appendix F Lot line, rear. Appendix G Lot lines. Appendix H Lot, reversed building frontage. Appendix I Setback, street side. 4 SECTION 4. That Subsection .090 of Section 18.38.060 (Antennas – Telecommunications) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .090 Conditions of Approval. All facilities permitted by a telecommunications antenna review permit shall be subject to the following conditions of approval. .0901 That the telecommunications facility shall be limited to the design as specifically identified on the approved plan. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. .0902 That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. .0903 That no signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. .0904 That all equipment, including supply cabinets and power meter shall be screened from public view as required by the Community Services Department (if located on a municipally-owned park or golf course) and the Planning Department. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order to screen any wall associated with the facility and prevent graffiti. .0905 That all final plans for this telecommunication facility including the antennas and ground-mounted equipment enclosure shall be reviewed and approved by the Community Services Department (if located on a municipally-owned park or golf course). .0906 That the telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. .0907 That before activating its facility, the telecommunications equipment operator shall submit to a post- installation test to confirm that the facility does not interfere with the City of Anaheim’s Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County 5 Sheriff’s Department or a Division-approved contractor at the expense of the telecommunications equipment operator. .09078 That the telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours. .09089 That the telecommunications equipment operator shall provide a single point of contact in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Services Division. .090910 That the telecommunications equipment operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. SECTION 5. That Section 18.38.250 (Tile Sales) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.38.250 TILE SALES. The provisions of this section apply to accessory uses classified as Tile Sales in Chapter 18.36 (Types of Uses). .010 Locations Allowed. The retail sale of tile, floor coverings, wall coverings and window coverings, where such sales are clearly incidental to the warehousing and/or wholesale distribution of these products, is allowed in the Industrial Zone on those parcels having frontage on either the west side of State College Boulevard, between Ball Road and Wright Circle, or the east side of State College Boulevard, between Ball Road and the Atchison Topeka Santa Fe Railway right- of-way, the right-of-way being located approximately nine hundred (900) feet north of the centerline of Katella Avenue. .020 Parking. The number of off-street parking spaces shall be not less than the sum total of the requirements for each individual type of use, including the showroom area; provided, however, that a variance may be processed pursuant to Chapter 18.74 (Variances). SECTION 6. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required 6 N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to § 18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit. Alcoholic Beverage Sales–Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets–Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales–On-Sale C C C C C Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to §18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312 Antennas–Telecommunications- Stealth Building-Mounted T T T T T Subject to § 18.38.060 and §18.62.020 Antennas–Telecommunications- Stealth Ground-Mounted T T T T T Subject to § 18.38.060 Antennas–Telecommunications Ground-N N N N N 7 Mounted (Non-Stealth) Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 Automotive–Vehicle Sales, Lease & Rental N N C N N Subject to § 18.38.200 Automotive–Sales Agency Office (Retail) N N C C C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/C P/C P/C P/C P/C Subject to §§ 18.16.055 and18.38.065. Conditional Use Permit required for on-site storage, display or parking of any vehicle being held as inventory Automotive–Public Parking C C C C C Automotive–Parts Sales P P P N N Automotive–Repair & Modification C C C N N Automotive–Service Stations C C C C C Subject to § 18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Banquet Halls C C C C C Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N CommunityCommercial Retail Centers P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an 8 office building Computer Internet & Amusement Facilities N N N N N Convalescent & Rest Homes N N C N N Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios–Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios–Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without Conditional Use Permit if lintegrated within a multi- tenant office building as an accessory use to serve Drive-Through Facilities C C C C C Educational Institutions–Business P/C P/C P/C P/C P/C Institutions with ten students or less do not require a conditional use permit Educational Institutions–General N C C C C Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental–Large P/C P/C P/C N N Permitted if equipment is completely screened from view. Conditional Use Permit required if equipment cannot be screened. Equipment Rental–Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. Conditional Use Permit required if conducted outdoors. 9 Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services–General P/C P/C P/C P/C P/C Laundromats are subject to §18.38.150; otherwise a Conditional Use Permit is required. In O-L and O- H Zones, must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. Personal Services–Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190,18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. Recreation–Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building 10 Recreation–Commercial Outdoor C C C C C Recreation–Low-Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & Tennis P/C P/C P/C P/C P/C Permitted without Conditional Use Permit when conducted completely indoors Repair Services–General P N P N N Repair Services–Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants–Drive-Through N C C C C Subject to § 18.38.220 Restaurants–General P P P C C Subject to § 18.38.220 Restaurants–Outdoor dining P/C P/C P/C P/C P/C Subject to § 18.38.220 Restaurants–Walk-Up C C C C C Retail Sales–General P P P P P Subject to § 18.38.220 Retail Sales–Kiosks C C C C C Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and §18.38.200 Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a Conditional Use Permit if there is no live audience. Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building 11 Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 7. That Table 10-A (Primary Uses: Industrial Zone) and Table 10-B (Accessory Uses and Structures: Industrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same are hereby, amended and restated to read in full as follows: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Ambulance Services P 12 Animal Boarding P/ C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270 Animal Grooming P/ C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270 Antennas–Broadcasting P/ C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Telecommunications-Stealth Building-Mounted T Subject to § 18.38.060 and § 18.62.020 Antennas–Telecommunications-Stealth Ground-Mounted T Subject to § 18.38.060 Antennas–Telecommunications-Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Vehicle Sales, Lease & Rental C Subject to § 18.38.200 Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/C Subject to § 18.16.055 and § 18.38.065. Conditional use permit required for on-site storage, display or parking of any vehicle being held as inventory Automotive–Impound Yards C Subject to § 18.38.200 Automotive–Public Parking C Automotive–Parts Sales P/C Permitted without a conditional use permit if conducted entirely indoors Automotive–Repair & Modification C Automotive–Service Stations C Subject to § 18.38.070 Automotive–Washing C Banquet Halls C Bars & Nightclubs C Billboards N 13 Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small C Day Care Centers C Drive-Through Facilities C Educational Institutions–Business C Educational Institutions–General C Educational Institutions–Tutoring C Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to § 18.38.125 Emergency Shelters (more than 50 occupants) C Subject to § 18.38.125 Entertainment Venue C Equipment Rental–Large P/C Permitted without a conditional use permit if conducted entirely indoors subject to § 18.38.200 Equipment Rental–Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry– P Industry–Heavy C Junkyards C Subject to § 18.38.200 14 Medical & Dental Offices C Mortuaries C Offices–Development P Offices–General P/ C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Permitted without a conditional use permit if all storage is screened from view. Subject to § 18.38.200, otherwise a Conditional Use Permit is required. PersonnelPersonal Services–General C Laundromats are subject to § 18.38.150 PersonnelPersonal Services–Restricted C Plant Nurseries P/ C Subject to § 18.38.190, 18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services P Recreation–Billiards C Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recycling Facilities P/ C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed without a conditional use permit. Repair Services–General P Repair Services–Limited P Research & Development P Restaurants–Drive-Through C Subject to § 18.38.220 Restaurants–General C Fast-food and take-out service allowed without a conditional use permit when a part of an industrial 15 complex of 5 or more units; subject to § 18.38.220 Restaurants–Outdoor Dining C Subject to § 18.38.220 Restaurants–Walk-Up C Retail Sales–Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales–General C Industrially-related only Retail Sales–Outdoor C Subject to § 18.38.190 and 18.38.200 Self-Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios–Broadcasting P Studios–Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to § 18.38.200 Utilities–Major C Utilities–Minor P Veterinary Services P Subject to § 18.38.270 Warehousing & Storage–Enclosed P Wholesaling P Table 10-B ACCESSORY USES AND STRUCTURES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited I Special Provisions Accessory Entertainment P Subject to § 18.16.060 in conjunction with a 16 commercial use Amusement Devices P Animal Keeping P Subject to § 18.38.030 Antennas–Dish P Subject to § 18.38.050 Antennas–Receiving P Subject to § 18.38.050 Caretaker Units P Subject to § 18.38.090 Fences & Walls P Subject to § 18.38.050; this use may occur on a lot without a primary use Home Occupations P Subject to § 18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P Subject to § 18.38.170 Parking Lots & Garages P Petroleum Storage–Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to § 18.38.210 Recreation Buildings & Structures P Recycling Facilities P Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P Subject to § 18.38.250 Signs P Subject to Chapter 18.44 Tile Sales P Subject to § 18.38.250 Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage–Outdoors P Subject to § 18.38.200 17 SECTION 8. That subsection .020 of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .020 “B” Use Classes. Banquet Hall. This use class consists of a facility rented out for private events, which involve the service of a meal and at which seating is provided at tables. As used herein, “private event” means a gathering of persons who have been individually invited to the event and from which persons not so invited are excluded. Live entertainment and dancing is permitted in a banquet hall; however, such live entertainment or dancing shall not be the primary use of a banquet hall. Alcoholic beverages may be sold or consumed within a banquet hall during a private event subject to state law requirements and if allowed by a conditional use permit. Bars & Nightclubs. This use class consists of establishments other than accessory bar that primarily serve beer, wine, or other alcoholic beverages to be consumed on-premises, with or without food service, from which minors are excluded by law, and which requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide accessory music and/or live entertainment as defined in 18.92.040, for patrons to be entertained, that is regularly open to the public with or without the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined in this chapter. Typical land uses include night clubs, bars with entertainment, and bars. Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast and snacks to the guests. Beekeeping. This use class consists of raising bees, other than in a closed container, for any purpose. Billboards. This use class consists of billboards, as defined and regulated by Chapter 18.44 (Signs). Boat & RV Sales. This use class consists of establishments for the sale, long- term lease, or rental of boats and recreational vehicles, including onsite outdoor storage and display of such vehicles for sale, lease or rent. The repair of boats and recreational vehicles is considered “Automotive–Repair.” Building Material Sales. This use class consists of the sale of materials used for the construction of buildings, the incidental sale of landscaping materials, and the incidental sale or rental of tools. This use typically includes the storage of considerable quantities of such materials outdoors and/or in structures other than 18 the main building. Typical uses include lumberyards, tile and roofing-materials stores. Business & Financial Services. This use class consists of establishments providing services oriented to business matters and involving significant walk-in contact with the public. Typical uses include consumer-oriented financial services, such as banks and tax preparation services, duplicating and faxing services, printing services, and real estate sales offices. Business services that do not involve significant public contact are classified under the Offices use class. SECTION 9. That subsection .160 of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .160 “P” Use Classes. Personal Services-General. This use class consists of services and incidental sales of a personal nature not covered by the Personal Services-Restricted use class. Typical uses include beauty salons (including permanent facial make-up); nail salons; barbershops; tattoo parlors; diet centers; dry cleaners; laundromats; massage or massage establishments; and art, music and photography studios. Personal Services-Restricted. This use class consists of Figure Model Studio Establishments; tattoo parlors; saunas; and spas. Plant Nurseries. This use class consists of the sale and cultivation of ornamental and/or produce-bearing trees, shrubs, and plants, including incidental sale or rental of garden and landscape materials and small equipment. Outdoor storage of such materials and equipment is included. Public Services. This use class consists of administrative, clerical, direct service-related, or public contact offices of federal, state or local government agencies, together with incidental storage and maintenance of government vehicles. This classification includes offices and post offices. SECTION 10. That subsection .230 of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .230 “W” Use Classes. Warehousing & Storage–Enclosed. This use class consists of the storage of materials and finished products entirely within a building. Incidental loading facilities and management offices are included. This use class does not include self-storage facilities. Wholesaling. This use class consists of indoor storage and distribution of merchandise, packages and bulk goods. Retail sales to the general public are not included. This classification includes importing and sale of imported goods, wholesale distribution, and the wholesale of vehicles, provided there are no retail 19 sales or repair and the vehicles are stored within a building. Associated activities, such as packaging and crating, and incidental loading facilities and management offices are included. Wine Bar. This use class consists of an establishment having as its principal or predominant use the serving of wine for consumption on the premises. Sandwiches, light meals and/or full-service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment. SECTION 11. That Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.60.190 AMENDMENT OF PERMIT APPROVAL. Amendment of an approved permit may be initiated by submitting a letter clearly describing the proposal, or filing an application with the Planning Department. Such amendment may involve a change to the approved use, alteration of the approved structure, a change in the configuration of site improvements, and/or modification or deletion of one or more conditions of approval. There are three classifications of permit amendments based on their significance, consequences, and/or the amount of additional processing and review required. .010 Administrative Amendments. Administrative amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include tenant improvements, remodeling where the total building square footage is not increased, facade remodeling and minor building additions where parking is not impacted. .020 Minor Amendments. Minor amendments require Planning Commission or Planning Director consideration to determine whether the amendment is in substantial conformance with the use and/or the plans that were originally approved. Such review authority may approve in whole or in part, conditionally approve, or deny the amendment. Minor amendments do not require a public hearing, unless the review authority determines, at its discretion, that a public hearing is appropriate. .0201 The original approval of the permit occurred less than ten (10) years prior to the request for amendment; .02012 The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved; .02023 No new waivers of code requirements are needed; 20 .02034 The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective; .02045 No substantive changes to the approved site plan are proposed; .02056 The nature of the approved use is not significantly changed; .02067 The approved use is not intensified; and .02078 No new or substantially greater environmental impacts would result. .030 Major Amendments. Major amendments are subject to a new public hearing and are processed in the same manner as a new permit. An amendment shall be considered major if it does not meet any one or more circumstances in subsection .020 above. The review authority may approve in whole or in part, conditionally approve, or deny the amendment. .040 Findings. Except for an amendment to a use variance, beforeBefore a minor or major amendment may be approved, the review authority shall make the findings required for the original permit approval. .050 Use Variances. State law has established basic criteria and standards for variances, which the City has incorporated into its Zoning Code. However, prior to the adoption of these criteria, the City granted variances that authorized a use or activity on the basis of standards that were previously contained in the Zoning Code (herein referred to as a “Use Variance”). This land use entitlement was similar to a Conditional Use Permit. The following shall apply to new and previously-approved Use Variances: .0501 New Use Variances Prohibited. A Use Variance shall not be granted to authorize a use or activity which is not otherwise expressly authorized by the regulations governing a parcel of property under the Zoning Code. .0502 Amendment of a Previously-Approved Use Variance. Amendment of a previously-approved Use Variance shall be processed as a Major Amendment. Before the Planning Commission, or City Council on appeal, may approve an amendment to a Use Variance, it must make a finding of fact, by resolution, that the evidence presented shows that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) exist. SECTION 12. That Section 18.60.220 (Determination of Public Convenience or Necessity) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.60.220 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY. 21 The Planning Commission shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Planning Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as “Alcoholic Beverage Manufacturing” and “Alcoholic Beverages – Off-sale” as an accessory use incidental to and integrated within a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92-1 (SP 92-2) Zone, and the Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zone, unless such an application is made in conjunction with an application for a conditional use permit and/or variance under Section 18.38.025, which will require Planning Commission action. In such event, the application for a conditional use permit and/or variance (as the case may be) and a determination of public convenience or necessity shall be made to the Planning Commission to be processed in accordance with Chapter 18.60 (Procedures). SECTION 13. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C 24-hour on-site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C 22 Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive–Sales Agency Office (Wholesale) P Subject to § 18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory Bars & Nightclubs C Business & Financial Services P Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Educational Institutions–Business C Entertainment Venue C Markets–Large C Subject to § 18.38.155 Markets–Small C Subject to § 18.38.155 Medical & Dental Offices P Offices P PersonalPersonnel Services–General P PersonalPersonnel Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks C 23 Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use Wine Bars C SECTION 14. That subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Section 18.42.040 (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.42.030 RESIDENTIAL PARKING REQUIREMENTS. .040 Dwellings–Single-Family Detached. The minimum required number of off-street, on-site parking spaces for Single-Family Detached Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces 6 or fewer bedrooms 4 (2 in a garage) 7 or more bedrooms 4 (2 in a garage), plus 1 additional space per bedroom over 6 bedrooms .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one (1) open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage are eight (8) feet wide and twenty-five (25) feet long, where located in tandem to parking spaces enclosed with a tilt-up garage door, and eight (8) feet wide and twenty (20) feet long, where located in tandem to parking spaces enclosed with a roll-up garage door, measured from the garage door to the nearest edge of the property line, pedestrian walkway, street or vehicle access-way, whichever is the lesser distance. .0402 Parking spaces located in tandem to a garage or located in a circular driveway that meets the minimum requirements of Planning Standards (Driveway Locations for Single-Family Residences) may be permitted to encroach into the required front or street setback. All other spaces shall be located outside the required street setback, and shall be provided and maintained in an accessible location on the lot, as approved by the Planning Director and illustrated in Planning Standard (Driveway Locations for Single-Family Residences). 24 SECTION 15. That Table 42-A of Section 18.42.040 (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops 5 spaces per 10 acres. Alcoholic Beverage Manufacturing 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Tasting Room and outside patios: 17 spaces per 1,000 square feet of GFA. Alcoholic Beverage Sales–Off-Sale 0 spaces (spaces are required for underlying uses only). Alcoholic Beverage Sales–On-Sale 0 spaces (spaces are required for underlying uses only). Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles. Animal Boarding 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Animal Grooming 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Antennas–Broadcasting 2 spaces. Antennas–Private Transmitting None. Antennas–Telecommunications 1 space. Automatic Teller Machines (ATM’s) (Exterior, walk-up facilities not located on properties developed with other retail or office uses.) 2 spaces per machine. Note: No parking spaces are required when located on the exterior building wall of an existing business use, when located within the interior of any other type of business establishment, or when free-standing machines are located on properties developed with other retail or office uses. In addition, no parking spaces are required for drive-up facilities. Automotive–Vehicle Sales, Lease & Rental General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space 25 used for parking vehicles to be sold. Auctions: Requires parking demand study per paragraph 18.42.040.010.0108. Automotive–Sales Agency Office 4 spaces per 1,000 square feet of GFA. Automotive–Public Parking None. Automotive–Parts Sales 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Automotive–Repair & Modification 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Automotive–Service Stations Stand-Alone: 2 spaces. In Conjunction with Other Uses: 0 spaces. Automotive–Washing In Conjunction with Service Station: 1 space, plus drying area for 5 vehicles. Stand-Alone: 5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles. Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per 1,000 square feet of GFA. Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. Boat & RV Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Business & Financial Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108. Commercial Retail Centers Total parking spaces are equal to the sum of the parking requirements for the individual use types in the center. Community & Religious Assembly 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other 26 than a Sunday school are included, a parking demand study may be required. Convalescent & Rest Homes 0.8 space per bed. Convenience Stores 5.5 spaces per 1,000 square feet of GFA; if combined with other allowed uses, 3 spaces for the first additional use, and 1 space for each additional use thereafter, except that the extra spaces are not required when the uses are integrated within a commercial retail center. Dance & Fitness Studios–Large 5.5 spaces per 1,000 square feet of GFA. Dance & Fitness Studios–Small 5.5 spaces per 1,000 square feet of GFA. Day Care Centers 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for loading and unloading children or adult clients onsite. Drive-Through Facilities None as an accessory use, but requires adequate space for queuing. Educational Institutions–Business 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Educational Institutions–General Elementary and Junior High Schools: 1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). High Schools: 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational Institutions–Tutoring 4 spaces per 1,000 square feet of GFA. Emergency Shelter 1 space per employee and volunteer staff member, plus 1 space for every 4 beds or 0.5 spaces per bedroom designated for family units with children. Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 square feet of dance floor area. Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters-Live Performances: 0.4 spaces per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. Theaters-Single-Screen Motion Picture: 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. 27 Theaters-Multi-Screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. Equipment Rental–Large 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. Golf Courses & Country Clubs Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes. Golf Driving Ranges: 1 space per driving tee. Group Care Facilities 0.8 space per bed. Helipads Requires parking demand study per paragraph 18.42.040.010.0108. Hospitals Requires parking demand study per paragraph 18.42.040.010.0108. Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full-service, outdoor dining, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas. Industry Industrial: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–Heavy Industrial–Heavy: 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor 28 uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. Junkyards 5 spaces or 5.5 spaces per 1,000 square feet of building GFA, whichever is greater. Markets–Large 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Markets–Small 5.5 spaces per 1,000 square feet of GFA. Medical & Dental Offices 6 spaces per 1,000 square feet of GFA. Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108. Offices Office-General: 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Oil Production 2 spaces per well. Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, whichever is greater, plus spaces required for service vehicles. PersonalPersonnel Services– General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. PersonalPersonnel Services– Restricted 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Plant Nurseries 5.5 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways. Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Recreation–Billiards Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility. Recreation–Commercial Indoor Amusement Arcades: requires parking demand study per paragraph18.42.040.010.0107. Bowling Alleys: 6 spaces per bowling lane. Racquetball Facilities: 5 spaces per court. Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA. Other Uses: Requires parking demand study per 29 subsection 18.42.040.010.0108. Recreation–Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee. Other Uses: requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Swimming & Tennis Swimming Facilities: requires parking demand study per paragraph18.42.040.010.0108. Tennis Courts: 5 spaces per court. Recycling Services–Consumer 0 space (spaces are required for host use(s) only). Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA. Recycling Services–Processing 1.55 spaces per employee. Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Restaurants–General Drive-In, Drive- Through, Fast-Food: 10 spaces per 1,000 square feet of GFA. Take-Out (not to exceed a cumulative maximum total of twenty seats for patrons): 5.5 spaces per 1,000 square feet of GFA. Restaurants–Full Service 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. Restaurants–Outdoor Dining 8 spaces per 1,000 square feet of GFA, if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. Restaurants–Take-Out 5.5 spaces per 1,000 square feet of GFA. Restaurants–Walk-Up 16 spaces per 1,000 square feet of GFA. Retail Sales–General General: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Art Galleries: 3.3 spaces per 1,000 square feet of GFA. 30 Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. Retail Sales–Kiosks 1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater number of parking spaces. Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. Retail Sales–Used Merchandise 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Room & Board 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Self-Storage Facilities 0.27 space per 1,000 square feet of building GFA or 5 spaces, whichever results in a greater number of spaces, plus adequate loading and unloading areas as required by the Planning Services Manager or his/her designee. Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of GFA. Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of GFA. Studios–Broadcasting 2.5 spaces per 1,000 square feet of GFA. Studios–Recording 2.5 spaces per 1,000 square feet of GFA. Towing Services 4 spaces per 1,000 square feet of building GFA, plus spaces for tow trucks. Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108. Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. Utilities–Major Requires parking demand study per paragraph 18.42.040.010.0108. Utilities–Minor None required. Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Warehousing & Storage–Enclosed 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Warehousing & Storage–Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle access-ways), plus 1.55 spaces per 1,000 square feet of GFA (which may 31 include a maximum of 10% office space), plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Wholesaling 1.55 spaces per 1,000 square feet of building GFA. SECTION 16. That Section 18.10.060 (Building Setbacks) of Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.10.060 BUILDING STRUCTURAL AND LANDSCAPE SETBACKS. The building setback requirements in this section apply in the Industrial Zone. .010 Applicability. These setbacks apply in addition to the setback and yard requirements of Chapter 18.40 (General Development Standards). .020 Street Setback. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right- of-way line, as designated on the Circulation Element of the General Plan, or the ultimate right-of-way line of a local street, and shall be of a depth as indicated below: .0201 Abutting any arterial highway: a setback of not less than fifty (50) feet. This setback area shall comply with either of the following provisions: .01 It shall be fully landscaped; or .02 It shall be landscaped in the portion of the area not less than twenty (20) feet parallel with and adjacent to the arterial highway property line, with the remainder of the required setback area used for parking and/or vehicular circulation. .0202 Abutting collector streets, freeway frontage roads, and freeway rights- of-way (including any freeway transition road and on or off ramp): a setback of not less than twenty-five (25) feet. This setback area shall comply with either of the following provisions: .01 It shall be fully landscaped; or .02 It shall be landscaped in the portion of the area not less than fifteen (15) feet parallel with and adjacent to the street or freeway, with the remainder of the required setback area used for parking and/or vehicular circulation. .0203 Abutting local streets and private streets: a setback of not less than ten (10) feet, fully landscaped. .030 Interior Setbacks. Setbacks abutting interior property lines are not required, except where an industrially zoned lot abuts any residential zone or lot 32 containing a residential unit. When this situation exists, the building or structure shall not be any closer to the zone boundary than twice the height of the wall or side of that structure, except as permitted in subsection 18.10.050.020. A ten (10)-foot landscaped area shall be provided adjacent to the zone boundary. Interior setbacks beyond this ten (10)-foot landscaped area may be used for parking or storage, subject to all site development standards of this chapter. .040 Service Station Setbacks. Where an automobile service station is established in an industrial zone, the appropriate setback for the street upon which the property has frontage shall apply. Pump islands may be placed within the setback area, but shall be located no closer than the minimum landscaped setback for that street frontage, and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards. .050 Landscaping of Setback Areas. Except as otherwise provided in this title, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Chapter 18.46 (Landscaping). .060 Sidewalk Waivers. In those industrial areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Any trees shall be located so as not to conflict with potential sidewalks. Plants within the existing or ultimate public right-of-way, with the exception of trees, shall not exceed thirty-six (36) inches in height. .070 Encroachments. Allowable encroachments into required structural setback areas in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. .0701 Cornices, eaves, sills, belt courses, buttresses and fireplaces may encroach into a required setback not more than two (2) feet. .0702 Driveways providing access from adjacent streets or private accessways are permitted to encroach into any required street landscape and structural setback. .0703 Fences and walls that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) may encroach into any required setback. .0704 Fixed decorative canopies and trellises may encroach into a required structural setback, but not a required landscape setback, on a public street or highway no more than six (6) feet. .0705 Flagpoles may encroach into any required setback. .0706 Guard railings for safety protection around hazardous areas, as required by City codes, may encroach into any required setback. 33 .0707 Light fixtures may encroach into any required setbacks, except required setbacks adjacent to residential zones and uses. .0708 Open parking spaces and accessways shall be permitted within required structural setback areas, but shall not encroach into minimum required landscape setbacks. .0709 Signs that comply with Section 18.10.080 of this chapter may encroach into any required setback. .0710 Trees, shrubs, flowers or plants shall be permitted in any required setback. .0711 Walkways leading from parking areas and public sidewalks may be permitted to encroach into any required landscaped setback, provided the walkway is integrated with the landscape design. (Ord. 5920 § 1 (part); June 8, 2004.) .010 Structural and Landscape Setbacks. Every building, structure or addition thereto erected in the Industrial Zone shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40(General Development Standards), and Chapter 18.46 (Landscaping and Screening). Table 10-D MINIMUM LANDSCAPE AND STRUCTURAL SETBACKS I Arterial Highway 15 feet Collector Street 15 feet Local Street 5 feet Freeway, Freeway Frontage Road, Freeway On/Off Ramps 30 feet Interior Property Line 0 feet .020 Permitted Encroachments within Minimum Required Setback Areas. The encroachments set forth in Table 10-E may encroach, as indicated in the table, into the required setback areas described in Table 10-D. Special provisions are referenced in the "Special Provisions" column. Any encroachment that conflicts with the California Building Code, as adopted by the City, shall not be permitted. Table 10-E PERMITTED ENCROACHMENTS WITHIN MINIMUM REQUIRED SETBACK AREAS Encroachment Special Provisions Canopies (fixed) or Shall encroach no more than three (3) feet 34 trellises Cornices, eaves, sills, belt courses, buttresses and fireplaces Shall encroach no more than two (2) feet Driveways providing access from adjacent streets or private access-ways Subject to Engineering Standard Detail No. 475 Fences and walls Subject to Chapter 18.46 (Landscaping and Screening) Flagpoles, including solar flagpoles Limited to three flagpoles for the display of national, state, city and/or company trademark or logo; shall not exceed the maximum structural height per Table 120-E Fountains, ponds, sculptures and landscaped planters Subject to Chapter 18.46 (Landscaping and Screening) Light fixtures Shall not exceed the maximum structural height per 18.10.050. Signs Subject to Chapter 18.44 (Signs) Trees, shrubs, flowers, and plants Subject to Chapter 18.46 (Landscaping and Screening) Walkways leading from parking areas and public sidewalks Provided the walkway is integrated with the landscape design and does not significantly reduce the landscape area SECTION 17. That Subsection .020 of Section 18.18.090 (Commercial Zones – Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .020 Building and Structural Height Limitations. .0201 The maximum building height shall be thirty-five (35) feet above the average finished grade levels of the building site on which it is located, measured at the exterior building walls; provided, however, that heights in excess of thirty-five (35) feet may be permitted by conditional use permit. .0202 Roof-mounted equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code, and in the Uniform Mechanical Code as adopted by the City of Anaheim) shall be permitted subject to a conditional use permit; provided that the equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 (Buildings and Housing) of the Anaheim Municipal Code, or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof-mounted equipment shall be subject to the following provisions, and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line-of-sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. 35 .01 Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those that are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. The screening shall not exceed the height limit as established by this section and shall not consist of wood latticework. .02 Equipment shall not be visible from any public street, public or private property at finished grade level, or any floor level of a residential structure. .03 In order to minimize the visibility of screening methods and materials, all equipment shall be painted to match the roof on which it is located, as well as being painted to match any materials used for equipment screening. .04 The method and/or screening material used shall not be readily recognizable as a screening device, but shall be integrated into the design of the building as a part thereof. .05 All equipment screening and paint shall be retained and maintained in good condition. SECTION 18. That Subsection .040 of Section 18.52.110 (Application Review) of Chapter 18.52 (Density Bonuses) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .040 Density Bonus Application. The record owner or owners of each property comprising the proposed housing development site shall file a completed density bonus application with the Planning Department as stipulated in the application on forms prescribed by the Planning Director. Applications shall include all required information and identified materials, including but not be limited to, the following: .0401 Project Description. A brief description of the proposed housing development, including the total number of units; affordable units, including the proposed level of affordability; and density bonus units.; .0402 Density Bonus. The type of density bonus applied for as described in Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.070 (Child Care Facilities), and 18.52.080 (Affordable Rental Housing Development).; .0403 Development Incentives. A list and, as applicable, plans (site plan, elevations, etc.) indicating the incentives requested.; .0404 Parking Ratios. A site plan indicating the proposed location and number of parking spaces.; .0405 Financial Analysis. A financial analysis for the project describing why the proposed density bonus and/or incentives are necessary to provide the affordable units proposed, that is satisfactory to the Planning Director, Planning 36 Commission or City Council, as applicable. The costs of reviewing any required pro forma and other financial data submitted as part of an application in support of a request for incentives, including, but not limited to, the cost to the City of hiring a consultant to review said pro forma and financial data shall be borne by the applicant. The required pro forma and financial data shall include the actual cost reduction achieved through the incentive(s); evidence that the cost reduction allows the applicant to provide affordable rents or affordable sales prices; and such other information as may be requested by the Planning Director, including, but not limited to, information related to capital costs, equity investment, debt service, projected revenues, operating expenses and other information necessary to evaluate the pro forma;. .0406 Environmental Documentation. The applicant shall provide documentation to the satisfaction of the Planning Director, Planning Commission, or City Council, as applicable, that the proposed project has no specific, adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, and that there are no adverse impacts to any real property that is listed in the California Register of Historical Resources. .0407 Density Bonus Memorandum with Community Development. An executed memorandum of understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms of the density bonus housing agreement, including the number of affordable units required under this chapter, as well as the unit type and affordable housing rent or affordable housing cost, as applicable, for such units. Approval of such memorandum by the Community Development Department shall be a prerequisite to the Planning Department or Planning Commission undertaking final action on the application. Rough grading and building permits shall not be issued until such time that the density bonus memorandum has been executed and the density bonus housing agreement has been recorded. .0408 Additional Information. Any other information as may be required by the Planning and/or Community Development Department. .0409 Fees. Applications not initiated by the City Housing Authority or Redevelopment Agency shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees). SECTION 19. That subsection .030 of Section 18.54.030 (Sex-Oriented Business Permit) of Chapter 18.54 (Sex-Oriented Businesses) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 Application Requirements. The following information and items shall be submitted to the Planning Director by the owner at the time of applying for a sex-oriented business permit: 37 .0301 A completed sex-oriented business permit application form, signed by the owner of the proposed sex-oriented business, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief. .0302 A non-refundable deposit or processing fee in the amount set by ordinance or resolution of the City Council. .0303 A letter describing the proposed business, and explaining how it will satisfy the applicable requirements set forth in subsection .050 of Section 18.54.030.050 of this chapter. .0304 A site plan designating the building and/or unit proposed for the sex- oriented business, and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter. .0305 All further information required upon the form of an application for ain the sex-oriented business permit provided by the Planning Director, as the same may be amended from time to time by the Planning Directorinformation packet adopted by resolution of the City Council. SECTION 20. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same are hereby, amended to read in full as follows: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P Dwellings – Multiple-Family in the Gateway District, Sub- Area B C Subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, and subject to the existence of the conditions and showings ofset forth in Section Chapter 18.66.060 (Conditional Use PermitsFindings), and further subject to paragraphs .0201 and .0202 of subsection .020 of Section 18.20.200.18.20.170.020.0201 and .0202 (Development Agreement Exemptions). 38 Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On- Sale C GF Automotive–Public Parking C Automotive–Vehicle Sales, Lease & Rental N Except as permitted as an accessory use Automotive–Service Stations C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Commercial Retail Centers C Community & Religious Assembly C GF Computer Internet & Amusement Facilities N N Convenience Stores C GF Conversions of hotels or motels to semi-permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF 39 Day Care Centers C GF Drive-through Facilities N Educational Institutions–Business C GF Educational Institutions–General C GF Educational Institutions–Tutoring P GF Entertainment Venue C GF Hotels & Motels P/C/ N Hotels are permitted, extended-stay hotels are permitted by conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) Markets–Large P GF Outdoor farmer’s markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Offices–General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to §18.38.150 Personal Services–Restricted C GF Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development C Restaurants–Drive-Through N 40 Restaurants–General P GF Restaurants–Outdoor Dining P GF Subject to §18.38.220 (Restaurants– Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Used Merchandise N Sex-oriented businesses, as defined in Chapter18.54 (Sex-Oriented Businesses) N Studios–Broadcasting P GF Broadcasting antennas require a conditional use permit Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 21. That Section 18.38.025 (Alcoholic Beverage Manufacturing) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.38.025 ALCOHOLIC BEVERAGE MANUFACTURING. .010 Sewer Study Required. Alcoholic beverage manufacturing shall be permitted by right in the “C-R” Regional Commercial Zone, the “C-G” General Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zone, the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zone, and the “I” Industrial Zone provided that the alcoholic beverage manufacturer satisfies the following requirements: .0101 A sewer study, including an identification of appropriate measures to mitigate sewer deficiencies, shall be prepared by a registered professional civil engineer in the State of California and submitted for consideration by the City Engineer. 41 .0102 The sewer study is subject to approval by the City Engineer. The alcoholic beverage manufacturer will be required to implement all mitigation measures recommended in the sewer study, including the construction of new sewer facilities. .0103 Prior and as a condition to the opening for business of an alcoholic beverage manufacturing use, the alcoholic beverage manufacturer shall implement all such mitigation measures to the satisfaction of the City Engineer. .020 Size Limitations. The following size limitations shall apply to Aalcoholic beverage manufacturing uses: in any of the commercial zones identified in this section may not exceed 6,000 square feet, unless otherwise permitted by conditional use permit. On the other hand, alcoholic beverage manufacturing uses located in the “I” Industrial Zone shall not be limited by square footage. .0201 There is no size limit for alcoholic beverage manufacturing uses located in the “I” Industrial Zone and the Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone. .0202 Alcoholic beverage manufacturing uses may not exceed 6,000 square feet, unless otherwise permitted by conditional use permit, in the “C-G” General Commercial Zone, “C-R” Regional Commercial Zone, Platinum Triangle Mixed Use (PTMU) Overlay Zone, Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone, and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone. .030 Tasting Room. A tasting room may not exceed a total of 750 square feet, unless otherwise permitted by conditional use permit. The area permitted for a tasting room shall not include any outdoor patio area. A tasting room consists of the floor area where alcoholic beverages are consumed, including any bar and seating areas but shall not consist of area within the alcoholic beverages manufacturing licensed premises devoted to restrooms serving the tasting room. An outdoor patio area may be permitted provided it is not located in any required parking space or access way. An outdoor patio area may not exceed 1,000 square feet. .040 Grain Silo. A grain silo may be permitted to be located outside of the building serving as the alcoholic beverage manufacturing use. The grain silo may not be located in any required parking space or access way. One (1) sign may be permitted on the grain silo with a maximum size of nine (9) square feet. The silo sign is permitted in addition to any permitted wall signs or monument signs. .050 Outdoor Equipment. Outdoor utility equipment must be screened in accordance with the requirements in Section 18.38.160 (Mechanical and utility equipment – ground mounted). Outdoor ground-mounted utility equipment is not permitted in Commercial zonesthe “C-G” General Commercial Zone, the “C-R” 42 Regional Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone, and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone. .060 Outdoor Storage. Outdoor storage is prohibited in any commercial zone described in this sectionthe “C-G” General Commercial Zone, “R-C” Regional Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone and Development Ares 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone. .070 No video, electronic or other amusement devices or games shall be permitted. .080 The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty eight (48) hours from the time of occurrence. .090 Any proposed roof-mounted equipment shall be completely screened from view. This screening information shall be specifically shown on the plans submitted for a building permit. .100 A security plan in a form satisfactory to the Anaheim Police Department shall be submitted to and approved by the Anaheim Police Department prior and as a condition to the issuance of a permit, which plan shall be formulated to deter unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer’s licensed premises. .110 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings making up an alcoholic beverage manufacturing use shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness and shall provide a safe and secure environment for all persons, property, and vehicles onsite. .120 There shall be no admission fee, cover charge, nor minimum purchase required. .130 Signs shall be posted inside the business near the exit door stating: “No alcohol allowed past this point.” 43 .140 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (See Section 25.114(a) of the 2013 Edition of the California Uniform Fire Code, as the same may be amended from time to time.) .150 There shall be no live entertainment, amplified music or dancing permitted on the alcoholic beverage manufacturer’s licensed premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. .160 The display of alcoholic beverages shall not be located outside of a building or within five (5) feet of any public entrance to the building. .170 Up to four (4) Special Event Permits are allowed for an alcoholic beverages manufacturing use subject to Section 18.38.240, except that Special Event Permits may be permitted for alcoholic beverage manufacturing uses in the “I” Industrial Zone and in the Anaheim Canyon Specific Plan No. SP 2015-01 (SP 2015-01) Zone. .180 Food preparation is not allowed on the alcoholic beverage manufacturer’s licensed premises. .190 An alcoholic beverage manufacturer shall not serve brands of alcoholic beverages distributed by a competing alcoholic beverage manufacturer. The alcoholic beverages served shall be limited to the products that are authorized to be sold by the alcoholic beverage manufacturer under its license issued by the California Department of Alcoholic Beverage Control. .200 A licensed alcoholic beverage manufacturer may, at the alcoholic beverage manufacturer’s licensed premises of production, sell to consumers for consumption off the alcoholic beverage manufacturer’s licensed premises alcoholic beverages that are produced and bottled by, or produced and packaged for, that manufacturer. A licensed alcoholic beverage manufacturer may also sell such alcoholic beverages to consumers for consumption in the alcoholic beverage manufacturer’s tasting room. SECTION 22. That Section 18.116.030 (Definitions) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add a new subsection .016 ("C" Words, Terms and Phrases) to read in full as follows: .020 “C” Words, Terms And Phrases. “Concierge Lounge.” A room or outdoor area within a hotel or motel as an amenity for guests in which use of the room or outdoor area is limited strictly to 44 the guests and/or employees of the hotel or motel. Food and beverage service may be offered to guests of the hotel or motel. SECTION 23. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1)), Table 116-D (Accessory Uses and Structures Integrated With a Permitted Primary Use: C-R District (Development Area 1)) and Table 116-E (Accessory Uses Incidental to and Integrated Within a Hotel or Motel Including Suite-Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1)) of Section 18.116.070 (Uses – Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) be, and the same are hereby, amended to read in full as follows: Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural crops P Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverages – Off-Sale N Except as permitted subject to Section 18.116.070.090 or as an accessory use incidental to and integrated within a hotel or motel. Alcoholic Beverages – On-Sale P Ambulance Services N Amusement parks, theme-type complexes, aviaries, zoos C 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 45 require either an amendment to said conditional use permit or a new conditional use permit. Animal Boarding C 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 shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas – Broadcasting C Antennas – Telecommunications T Stealth facilities integrated within a building are permitted subject to Section 18.38.060 and Section 18.62.020. Freestanding ground-mounted facilities including stealth facilities are not permitted. Automated Teller Machines (ATM’s) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of- way. Subject to Section18.36.040. Automotive – Vehicle Sales, Lease & Rental N/C Car sales are prohibited. Automotive – Rental not otherwise permitted by Table 116-D requires a conditional use permit. Automotive –Parts Sales N Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Repair and Modification N Automotive – Service Station C Subject to requirements of Section 18.38.070 (Automotive Service Stations) and subsection 18.116.070.090. Automotive – Washing C In conjunction with an Automotive – Service Station only. Bars & Nightclubs C Bed and Breakfast Inns N Beekeeping N Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Boat and RV Sales N 46 Building and Material Sales N Cemeteries N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini-malls and other shopping centers not in conformance with the requirements of a Specialty Center, as defined in Section 18.116.030 (Definitions) and detailed within this table (Table 116-C). Community and Religious Assembly C Computer Internet & Amusement Facilities N Convalescent & Rest Homes N Convenience Stores N Except as allowed by Section 18.116.070.090. Conversion of hotels or motels to semi- permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. 47 Dance & Fitness Studios – Large N Dance & Fitness Studios – Small N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Day Care Centers N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Drive-Through Facilities N Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Entertainment Venue C Equipment Rental – Large N Equipment Rental - Small N Golf Courses & Country Clubs C Group Care Facilities N Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Markets – Large N Markets – Small N Medical & Dental Offices N 48 Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C Nonconforming Structure – Office uses in a legal nonconforming building C Non-publicly operated convention centers C Including exhibition halls and auditoriums Offices – Development C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal nonconforming building. Offices – General C Office buildings when accessory to, and integrated as part of, an on- site permitted primary or when located in a legal nonconforming building Oil Production N Outdoor storage yards N Except as otherwise permitted in this Zone Personal Services – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Personal Services – Restricted N Plant Nurseries N Public Services C 49 Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. Recycling Services – General N Recycling Services – Processing N Repair Services – General N Repair Services – Limited N Research & Development N Restaurants – General P Enclosed and with outdoor dining Restaurants – Drive-through N Restaurants with accessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Retail Sales – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or subject to the requirements for a specialty retail center Retail Sales – Kiosk N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or as part of a conditional use permit for a specialty retail center Retail Sales – Outdoor N Retail Sales – Used Merchandise N Room & Board N Self Storage N Sex-oriented businesses N As defined in Chapter 18.92 (Definitions) Recreation – Billiards C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Indoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Outdoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Low Impact C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Swimming & Tennis C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel 50 Specialty retail centers Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall C (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on- premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off- premises consumption; sale of alcoholic beverages for on- premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. Structures – Height exceeding 1/2 the distance from the building or structure to a single- family, multi-family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures – Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial Recreation Area). N Structures – Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property 51 under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay). Studios – Broadcasting C Including accommodations for filming/taping in front of live audiences. Studios – Recording C Including accommodations for filming/taping in front of live audiences. Towing Services C Permitted only in conjunction with Automotive – Service Station. Transitional and Supportive Housing N Transportation facility C As defined in subsection 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter. Truck Repair & Sales N Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Warehousing & Storage –Enclosed N Wholesaling N 52 Table 116-D PRIMARY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Administrative, service, storage and maintenance areas and loading docks P Those uses necessary to support the operation of a primary use. Shall be positioned to prevent disruption of the traffic flow by service vehicles to and from the site. Shall be located entirely on-site, including space for truck maneuvers; off-site vehicle loading is prohibited. Shall be located on interior, side, or rear yards, concealed from public view. Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Agricultural Workers Quarters N Amusement Devices P Antennas – Dish P Subject to Section 18.38.050 Antennas – Receiving P Subject to Section 18.38.050 Automated Teller Machines (ATMs) P Subject to Section 18.36.040 Automotive – Rental P Subject to a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading) Bingo Establishments N Entertainment – Accessory P Subject to Section 18.16.060 Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, 53 Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mechanical and Utility Equipment – Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mechanical and Utility Equipment – Roof-Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mural P/C A conditional use permit is required if visible from the public right-of-way. Outdoor Displays N Outdoor Storage N Office uses P Only those accessory to and integrated as part of, an on-site permitted primary or conditional use. Parking Lots & Garages P To provide off-street parking spaces as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Portable Food Carts N Recycling Services – Consumer N Retail Floor, Wall & Window Coverings N Retail Sales – Kiosk C May be permitted as part of a conditional use permit for a specialty retail center Solar energy panels P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting) Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Warehousing & Storage – Outdoors N 54 TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages – Off-Sale P Alcoholic Beverages – On-Sale P Amusement Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas – Dish P Subject to Section 18.38.050 Antennas - Receiving P Subject to Section 18.38.050 Automobile – Rental P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to18.116.140 (Off-Street Parking and Loading Requirements). Automated Teller Machines (ATMs) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section18.36.040. Banquet/Meeting Room P Bingo Establishments N Breakfast Rooms P As defined in subsection 18.116.030.015. Business & Financial Services P Including automated teller machines located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two-hundred twenty-five (1,225) gross square feet in size Must comply with the parking standards for 55 dwellings under Chapter 18.06 (Multiple Family Residential Zones). Concierge Lounge P Limited strictly to the use of the guests and/or employees of the hotel or motel in which it is located Day Care Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. Entertainment – Accessory P Subject to Section 18.16.060 Dance and Fitness Studios – Small P Limited strictly to the use of the guests and/or employees of such hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mechanical and Utility Equipment – Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mechanical and Utility Equipment – Roof-Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Murals P/C A conditional use permit is required if visible from the public right-of-way. Outdoor Displays N Outdoor Storage N Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. 56 Petroleum Storage – Incidental N Portable Food Carts In conjunction with a hotel and subject to the following: C (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non-illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12- inches in width by 18-inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Personal Services – General P Recreation Buildings and Structures P Limited strictly to the use of the guests and/or employees of such hotel or motel. Restaurants – Drive-Through N 57 Restaurants – General P Enclosed or with outdoor dining Retail Floor, Wall & Window Coverings N Retail Sales – General P Retail Sales – Kiosk P Retail Sales – Outdoor N Retail Sales – Used Merchandise N Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of- way and shall not encroach onto sidewalks. Warehousing & Storage – Outdoors N SECTION 24. That Table 6-F (Maximum Structural Height: Multiple-Family Residential Zones) of Section 18.06.060 (Structural Heights) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 6-F MAXIMUM STRUCTURAL HEIGHT: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone MinimumMaximum Structural Height RM-1 40 feet; but may be modified pursuant to 18.06.160 RM-2 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM-3 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM-4 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be increased to 4 stories by conditional use permit. SECTION 25. That subsection .080 of Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .080 Allowable encroachments into the required setbacks in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code or other codes, as adopted by the City, shall not be permitted. Any encroachment, except as described in subsection .0802 below, shall not be permitted within required setbacks abutting single-family residences or streets. 58 .0801 A patio cover or canopy may encroach into the required setback between buildings. .0802 Cornices, eaves, belt courses, sills, buttresses and fireplaces may encroach into a required setback along an interior property line not more than four (4) inches for each one (1) foot of the width of the interior setback, and may encroach into a required street setback not more than thirty (30) inches. .0803 Fixed awnings may encroach into a required setback along an interior property line no more than three (3) feet. .0804 Open, unenclosed balconies may encroach into a required street setback not more than three (3) feet. .0805 Private patios for ground-floor residential units may encroach not more than eight (8) feet into a required setback along an interior property line or a setback between buildings, but not into required landscape setbacks. .0806 Covered or uncovered porches or landings that do not extend above the level of the first floor of the building, and that include an open railing not more than thirty-six (36) inches in height, may encroach into any required setback not more than five (5) feet. .0807 Decorative guard railings for safety protection around hazardous areas may encroach into any required setback. .0808 The placement of outdoor recreational facilities may encroach into required setbacks between buildings on the same building site. .0809 Trees, shrubs, flowers or plants shall be permitted in any required setback. .0810 Fences and walls that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into required setbacks. .0811 For properties developed with existing ground-floor private patio areas, a maximum ten (10) foot high patio cover may be permitted over the existing permitted patio area. SECTION 26. That Section 18.04.060 (Lot Depth and Orientation) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.04.060 LOT DEPTH AND ORIENTATION. .010 Lots Adjacent to Freeways or Scenic Expressways. Single-family residential lots adjacent to freeways and scenic expressways shall rear-on or side- 59 on the freeway or expressway, and have a minimum depth, as measured from the freeway or expressway, of one hundred fifty (150) feet. .020 Lots Adjacent to Other Arterial Highways or Railroad Rights-Of- Way. Single-family residential lots adjacent to all arterial highways, other than those described in subsection .010 above, or railroad rights-of-way shall have a minimum depth of one hundred twenty (120) feet and shall not take vehicular access from the arterial highway. SECTION 27. That Table 4-F (Maximum Structural Height: Single-Family Residential Zones) of Section 18.04.070 (Structural Heights) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 4-F MAXIMUM STRUCTURAL HEIGHT: SINGLE-FAMILY RESIDENTIAL ZONES Zone MinimumMaximum Structural Height Residential Single-Family Hillside RH-1 25 feet/2 stories RH-2 25 feet/2 stories RH-3 25 feet/2 stories (certain areas subject to subsection .040 below) Residential Single-Family RS-1 35 feet/2-1/2 stories (Any non-residential land use permitted by a conditional use permit may exceed this height limitation, as determined by the approved conditional use permit, when the required front, side and rear setback are increased an additional 1 foot for each 4 feet in height such buildings exceed 35 feet) RS-2 35 feet/2-1/2 stories RS-3 30 feet/2 stories RS-4 35 feet/2 stories; 35 feet/3 stories if the structure is located 55 feet or more from the property line of any detached single-family residential use or zone. SECTION 28. That subsection .290 of Section 18.44.030 (Definitions) and Subsection .070 of Section 18.44.110 (Wall Signs and Other Types of Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .290 "Mural" means a painting, or tile or other materials deemed appropriate that comprise artwork on an exterior wall in public view, whose primary purpose is commemorative or artistic rather than advertising. SECTION 29. That subsection .580 of Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 60 .580 "Window Sign" means any words, picture, symbol, brand name, business name logo, including any negative or clear spaces between graphics, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is applied or attached to a window or located within five (5) feet of the inside of a window in a manner that it can be seen from the exterior of the structure. SECTION 30. That subsection .070 of Section 18.44.110 (Wall Signs and Other Types of Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .070 Window Signs. Signs on the inside of windows of commercial or industrial buildings are allowed, provided all such permanent and temporary signs shall obscure or when viewed from public property appear to obscure no more than tentwenty percent (1020%) of the total transparent area of any window surface. To calculate the allowable area of a sign, the entire face of a sign shall be framed for the purpose of calculation by four sides with opposite sides congruent and all angles right angles. The area within the four sides shall be used to calculate the allowable area of a sign. Negative or clear spaces between graphics shall also be included as a part of the sign area. No signs shall be allowed on the outside of any windows of commercial or industrial buildings. SECTION 31. That subsection .040 of Section 18.114.050 (Land Use and Site Development Standards – General) of Section 18.114.070 (Land Use and Site Development Standards – Hotel District (Development Area 2)) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .040 Conditional Uses and Structures. Due to the uniqueness of the Specific Plan 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 any District, unless limited to a specific District herein, provided a conditional use permit is approved therefore pursuant to, and subject to the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .0401 Conversion of existing hotel facilities to Vacation Ownership Units subject to compliance with the requirements of Section18.114.120 (Requirements for Vacation Ownership Resorts). .0402 In the Theme Park and Hotel Districts, fifty (50) Vacation Ownership Units in excess of one hundred fifty (150) units subject to compliance with the requirements of Section 18.114.120 (Requirements for Vacation Ownership Resorts). 61 .0403 Emergency medical facilities with ambulance. .0404 Helistops. .0405 Signs as provided for in subsection 18.114.130.0602 (Conditionally Permitted Signs). .0406 Any use not otherwise specified or prohibited in this Zone but meeting the intent of the goals and objectives as set forth in the Specific Plan document for each of the Districts. .0407 Masonry walls and fences above sixteen feet (16) in height. SECTION 32. That subsection .030 of Section 18.114.070 (Land Use and Site Development Standards – Hotel District (Development Area 2)) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 Structural Height and Area Limitations. .0301 Maximum Permitted Structural Height. With the exception of the provisions in subsection .0302 below, the building heights illustrated in Amended Exhibit 1. .0302 Maximum Permitted Structural Height at Required Setback: .01 Katella Avenue: Seventy five (75) feet. .02 West Street/Disneyland Drive: One hundred ten (110) feet. .03 Walnut Street: Forty (40) feet. .0303 Sky Exposure Plane. The maximum height of structures adjacent to Walnut Streetthe following streets shall not exceed one (1) additional foot of height above the Maximum Permitted Height at the required setback for each two (2) additional feet of setback as described in Section18.114.030 (Definitions) and in Section 3.0 (Land Use Plan) of the Specific Plan document.: .01 Katella Avenue. .02 West Street/Disneyland Drive. .03 Walnut Street. SECTION 33. That subsection .020 of Section 18.114.080 (Land Use and Site Development Standards – Parking District (Development Areas 3A and 3B)) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 62 .020 Permitted Accessory Uses and Structures. The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use: .0201 Animal storage facilities. An establishment in which six or more dogs or other domesticated animals are housed, groomed or temporarily boarded. Such facilities shall be limited strictly to the use by patrons of the parking facility and guests of hotels in The Anaheim ResortTM and must be located a minimum of one hundred (100) feet from any property line. Such facility shall be enclosed in an air-conditioned structure with the exception of an outdoor exercise area. Utilization of said outdoor exercise area shall be limited to one animal at a time. Said facility shall support and be consistent with the intent of the operation of the parking facility. Said facility shall also be designed so that noise associated with the operation of the animal storage facility shall not exceed 60dBA at any exterior Disneyland Resort Specific Plan property line, as demonstrated by an acoustical analysis submitted prior to the issuance of a building permit for the animal storage facility. .0202 Murals, provided that if visible from the public right-of-way a conditional use permit is required. SECTION 34. That subsection .150 of Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .150 Mechanical & Utility Equipment–Ground Mounted. This use class consists of ground-mounted mechanical or utility equipment, such as compressors, condensers, pipes used for heating and cooling, water backflow devices, above-ground fire lines, pad-mounted transformers, electric vehicle charging stations and other activities associated with and incidental to the main and accessory building. SECTION 35. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 36. CERTIFICATION 63 The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 37. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 118375-v1/TJR 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.