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6399ORDINANCE NO. 6 3 9 9 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.36 (TYPES OF USES), CHAPTER 18.42 (PARKING AND LOADING) AND CHAPTER 18.62 (ADMINISTRATIVE REVIEWS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (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. (ZONING CODE AMENDMENT NO. 2016-00136) (DEV2016-00124) 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 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 I.. That subsection .010 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: 010 "A" Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on-site is also included. Alcoholic Beverage Manufacturing. This use class consists of establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for On -Sale or Off -Sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms may be included in conjunction with the manufacturing. Alcoholic Beverage Sales -Off -Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption outside the building in which they are sold. Typical uses include liquor or grocery stores, and convenience markets, selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales -On -Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars, wine bars, brew pubs, and restaurants that serve alcoholic beverages. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, day care or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding or accommodation of large animals, such as horses, sheep or hogs. Animal Grooming. This use class consists of facilities for the grooming of household pets, but does not include day care, overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. 2 Antennas -Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas -Private Transmitting. This use class consists of ground -mounted, amateur -operated radio transmitting towers and/or antennas. Amateur -operated radio towers and/or antennas that are used only for receiving signals are considered an allowed accessory use. Antennas -Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand-alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. Automotive -Vehicle Sales, Lease & Rental. This use class consists of the established place of business operated by a "dealer" for the sale, long-term lease, or rental of new or used automobiles, motorcycles or motorized scooters for profit, including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. Automotive -Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles for sale at retail (including internet sales) who does not offer used motor vehicles for sale at wholesale. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site). This use class includes "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code. 3 Automotive -Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail. Automotive -Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles. Automotive -Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered `Warehousing & Storage -Outdoors'. Automotive -Parts Sales. This use class consists of the sale of new or reconditioned parts used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site installation of such parts or lubricants. Automotive -Repair and Modification. This use class consists of services such as body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation for automobiles and other vehicles such as boats, recreational vehicles and water -sport vehicles. The repair of trucks is considered `Truck Repair and Sales'. Automotive -Service Stations. This use class consists of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered `Automotive -Repair and Modification'. H Automotive -Washing. This use class consists of establishments providing hand -operated, self-service, or mechanical automobile washing services, and may include detailing. SECTION 2. That subsection .030 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: .030 "C" Use Classes. Cemeteries. This use class consists of burial grounds for the interment of the dead or their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located within cemeteries. Commercial Placemaking Uses. Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines). Commercial Retail Centers -Large. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain 10,000 square feet or more of gross floor area, are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Commercial Retail Centers -Small. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain less than 10,000 square feet of gross floor area, are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Community & Religious Assembly. This use class consists of community meeting and cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or benevolent organization; and facilities for religious worship, with incidental educational or residential use. Uses include fraternal lodges, meeting halls, community centers, libraries, museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers. Computer Internet & Amusement Facilities. This use class consists of establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the 5 purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Typical uses include or are commonly known as PC (personal computer) cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses. Such uses, when part of, and accessory to, educational institutions and day care centers, are not included. Convalescent & Rest Homes. This use class consists of facilities providing nursing, dietary and other personal services for seven (7) or more convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. Convenience Stores. This use class consists of the retail sales of food and beverages, primarily for off-site preparation and consumption, and found in establishments characterized by long or late hours of operation, on-site parking, and a building less than ten thousand (10,000) square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of prepared food for on-site or take-out consumption are classified as a restaurant use. This use class may be combined with Automotive -Service Stations. SECTION 3. That subsection .180 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: 180 "R" Use Classes. Recreation -Billiards. This use class consists of facilities containing pool or billiard tables provided for users other than the occupants/residents of the facility. Facilities that serve alcohol would also fall under the "Alcoholic Beverage Sales - On -Sale" land use category. Recreation -Commercial Indoor. This use class consists of recreational operations taking place fully within an enclosed structure. Typical uses include amusement arcades, bowling alleys, haunted houses, family fun centers, bounce houses and any other indoor amusement uses not listed elsewhere. Recreation -Commercial Outdoor. This use class consists of establishments providing amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart racing, horse stables, skate parks, water parks, and any other outdoor amusement or entertainment uses not listed elsewhere. Recreation -Low -Impact. This use class consists of low impact outdoor recreational uses. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and plazas. 0 Recreation -Swimming & Tennis. This use class consists of outdoor swim clubs and tennis courts. Recycling Services -General. This use class consists of large-scale waste collection facilities as defined as a "Large Collection Facility" in Chapter 18.48 (Recycling Facilities). This classification does not include storage of topsoil for use under an approved quarry reclamation plan. Recycling Services -Processing. This use class consists of a waste recycling "Processing Facility" as defined in Chapter 18-48 (Recycling Facilities). Repair Services -General. This use class consists of on-site repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or industrial equipment. Repair Services -Limited. This use class consists of on-site repair and incidental sales of supplies for consumer items, such as small household goods, shoes, clothing, watches, cameras and similar items, conducted within an enclosed building. Research & Development. This use class consists of the research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms. Restaurants -Full Service. This use class consists of establishments where food is prepared on the premises and food orders are customarily taken and served to patrons by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant or in an outdoor seating area, as defined in Chapter 18.92 of this code. Restaurants -General. This use class consists of establishments serving drinks and food prepared on-site. This use class includes drive-in, drive-through, fast food and quick -serve restaurants. Restaurants that convert to a bar or nightclub during a portion of their operating hours would be classified as an "Entertainment Venue" land use. Restaurants -Outdoor Dining. This use class consists of establishments serving drinks and foods, in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an accessory outdoor dining area. 7 Retail Sales -General. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which primarily sell specialized items, or are primarily oriented to a neighborhood and/or citywide customer base. All sales and storage are conducted completely within an enclosed building. This classification includes fortune-telling and stores selling clothing, hardware, art, books, flowers, jewelry, over-the-counter and/or prescription drugs, flooring, furniture and merchandise through the County of Orange Women, Infant and Children (W.I.C.) program (provided it is not in combination with any other use that requires a conditional use permit), as defined in Chapter 18.92 (Definitions). Retail Sales -Kiosks. This use class consists of establishments located within temporary or permanent freestanding structures having one or more open sides or openings, and operated for the purpose of the retail sale of food, drink or merchandise. All storage is conducted completely within the structure, and all sales are made from within the structure to the patron on the outside. Retail Sales -Outdoor. This use class consists of establishments engaged in retail sale of goods or provision of services that require outdoor display of merchandise. This use class may be applied with another use class that allows sales only within an enclosed building. Typical uses include the sale of gardening tools and materials in conjunction with a home -improvement store. Retail Sales -Used Merchandise. This use class consists of establishments engaged in the retail sale of goods that have been previously owned by an actual or potential user of the goods. This use class includes the sale of reconditioned merchandise. All sales and storage are conducted completely within an enclosed building. Typical uses include consignment stores, antique stores, pawn shops, and used furniture and book stores. Room & Board. This use class consists of establishments, including boardinghouses with or without meals, providing living accommodations for guests, on a commercial basis, for typical stays of more than seven (7) consecutive nights, with no cooking facilities in the guest rooms. The total number of people living in the building, including permanent residents, live-in operators, and guests, sball not exceed fifteen (15) people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities are not included. 9 SECTION 4. That Table 42-A (Non -Residential Parking Requirements) of Section 18.42.040 (Non -Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (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. 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office Alcoholic Beverage space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 Manufacturing 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 1 space per employee, plus 1 space per 10 pets. Animal Grooming 4 spaces per 1,000 square feet of GFA. Antennas—Broadcasting 2 spaces. Antennas—Private None. Transmitting Antennas— 1 space. Telecommunications Automatic Teller 2 spaces per machine. Machines (ATM's) (Exterior, Note: No parking spaces are required when located on the exterior building wall of an walk-up facilities not existing business use, when located within the interior of any other type of business located on properties establishment, or when free-standing machines are located on properties developed with developed with other other retail or office uses. In addition, no parking spaces are required for drive -up retail or office uses.) facilities. General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces Automotive—Vehicle per 1,000 square feet of office use, plus 4 spaces per 1,000 square feet of building GFA Sales, Lease & Rental used for parts, sales, storage and repair use. Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space used for parking 10 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 None. Parking Automotive—Parts Sales 4 spaces per 1,000 square feet of GFA. Automotive—Repair & Modification 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Stand Alone: 2 spaces. Automotive—Service In Conjunction with Accessory Retail/Convenience Store: 4 spaces per 1,000 square feet Stations of GFA of the convenience store. Up to 50 percent of the pump islands may be counted as parking stalls. In Conjunction with Other Uses: None. Automotive—Washing Requires parking demand study per paragraph 18.42.040.010.0108. Banquet Halls One space for each 3 patrons plus one space per employee. Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per 1,000 square feet of GFA. 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for Bed & Breakfast Inns visitors (for purposes of this use class, 'Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 Boat & RV Sales square feet of office use, plus 4 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Business & Financial 4 spaces per 1,000 square feet of GFA. Services Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108. Commercial Retail All uses other than restaurants within retail centers unless specified elsewhere in this Centers -Large code: 4 spaces per 1,000 square feet of GFA. Restaurants within retail centers with 40 percent or less of GFA devoted to restaurant 10 I1 uses: 4 spaces per 1,000 square feet of GFA. Restaurants within retail centers with more than 40 percent of GFA devoted to restaurant uses: Those restaurant uses in excess of 40 percent shall comply with the following: Restaurants -General with 20 seats or less: 5.5 spaces per 1,000 square feet of GFA Restaurants -General with more than 20 seats: 10 spaces per 1,000 square feet of GFA Restaurants -Full -Service: 8 spaces per 1,000 square feet of GFA Commercial Retail Centers -Small Each use within the retail center shall comply with the parking requirements for said use. Community & Religious Assembly Requires parking demand study per paragraph 18.42.040.010.0108. Convalescent & Rest 0.8 space per bed. Homes Convenience Stores 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios—Large 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios—Small 4 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 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, Institutions—Business whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Elementary and Junior High Schools: 1 space per classroom, plus 1 space per non -office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking Educational required for assembly halls and auditoriums (see Community & Religious Assembly). Institutions—General 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: 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 Entertainment Venue square feet of dance floor area. I1 12 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. 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— 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces Large 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— 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces Small 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: 10 spaces per hole, plus 1 space per 35 square feet of building GFA used Golf Courses & for public assembly, plus 4 spaces per 1,000 square feet of GFA used for other Country Clubs 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. 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 - Hotels & Motels 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. 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 Industry 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 accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. 12 13 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 Industry—Heavy spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0,4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or I 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 4 spaces per 1,000 square feet of building GFA, whichever is greater. Markets—Large 4 spaces per 1,000 square feet of GFA. Markets—Small 4 spaces per 1,000 square feet of GFA. Medical & Dental 6 spaces per 1,000 square feet of GFA. Offices Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108. 3 stories or lower: 4 spaces per 1,000 square feet of GFA Office -General More than 3 stories: 3 spaces per 1,000 square feet of GFA Oil Production 2 spaces per well. 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, Outdoor Storage Yards whichever is greater, plus spaces required for service vehicles. Personal Services— 4 spaces per 1,000 square feet of GFA. General Personal Services— 4 spaces per 1,000 square feet of GFA. Restricted Plant Nurseries 4 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 accessways. 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. Amusement Arcades: requires parking demand study per paragraph 18.42.040.010,0107. Recreation— Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the Commercial Indoor facility. Bowling Alleys: 6 spaces per bowling lane. 13 14 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 subsection 18.42.040.010.0108. Recreation— Miniature Golf Course: 20 spaces per course, plus 1 per each employee. Commercial Outdoor 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 Swimming Facilities: requires parking demand study per paragraphl8.42.040.010.0108. & Tennis Tennis Courts: 5 spaces per court. Recycling Services— None (spaces are required for host use(s) only). Consumer Recycling Services— General 1.55 spaces per 1,000 square feet of building GFA. Recycling Services— 1.55 spaces per employee. Processing Repair Services— 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per General 1,000 square feet of GFA over 100,000 square feet. Repair Services— 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per Limited 1,000 square feet of GFA over 100,000 square feet. Research & 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per Development 1,000 square feet of GFA for buildings of more than 3 stories. 20 seats or less: 5.5 spaces per 1,000 square feet of GFA Restaurants—General More than 20 seats: 10 spaces per 1,000 square feet of GFA. Restaurants within a Commercial Retail Center -Large: See parking requirements for Commercial Retail Center - Large Stand alone: 15 spaces per 1,000 square feet of GFA Restaurants—Full Restaurants within a Commercial Retail Center— Small: 8 spaces per 1,000 square feet of Service GFA Restaurants within a Commercial Retail Center -Large: See parking requirements for Commercial Retail Center - Large Restaurants—Outdoor Dining Same requirements as above for Restaurants -General and Restaurants -Full Service 14 15 General: 4 spaces per 1,000 square feet of GFA. Retail Sales—General Art Galleries: 3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. 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. 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking Retail Sales—Outdoor areas and vehicular accessways, 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 4 spaces per 1,000 square feet of GFA for first 100,000 square feet. 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for Room & Board visitors (for purposes of this provision, 'Bedroom" means any room designed, intended or primarily used for sleeping purposes). 0.27 space per 1,000 square feet of building GFA or 5 spaces, whichever results in a Self-Storage Facilities greater number of spaces, plus adequate loading and unloading areas as required by the Planning Services Manager or his/her designee. Sex-Oriented Primarily Live Performance: 10 spaces per 1,000 square feet of GFA. Businesses 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. 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 Truck Repair & Sales 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 & Buildings with 100, 000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of Storage—Enclosed GFA, which may include a maximum of up to 10% office space Building with more than 100, 000 square feet of GFA: 1 space per 1,000 square feet of, 15 SECTION 5. That Section 18.42.070 (Parking Lot Design) 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: 18.42.070 PARKING LOT DESIGN. .010 Layout and Design. All off-street parking areas shall be designed and improved in compliance with the provisions of the applicable City Standards pertaining to minimum off-street parking dimensions; provided, however, that where it can be shown that unusual site conditions or topography require modification in the off-street parking area standards to permit reasonable development of such property, such modifications may be approved by the City Engineer and Planning Director. Such modifications shall be limited to matters of layout and design of the parking area and in no case shall result in a reduction of the minimum number of off-street parking spaces required by this chapter. .0101 Mechanical Parking Lifts and Automated Parking Systems. The use of mechanical parking lifts or automated parking systems for vertical parking/storage of vehicles may be allowed subject to the following requirements: .01 When completely enclosed within a building or structure, mechanical lifts and associated equipment shall be considered garages and shall comply with the setback and height requirements of the underlying zone, and shall be consistent in design and materials with the primary structure(s) on site. .02 Mechanical parking systems that are not completely enclosed within a building or structure shall be limited to systems with one vehicle parked at grade and one raised vehicle and shall not be located within any required landscape or structural setback area, except as provided in subparagraph .05, below. 16 which may include a maximum of up to 10% office space If the percentage of office space exceeds 10% of the GFA: 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle accessways), Warehousing & plus 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of up to Storage—Outdoors 10% office space; if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. Buildings with 100,000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of GFA. Wholesaling Buildings with more than 100,000 squarefeet of GFA: 1 space per 1,000 square feet of GFA. SECTION 5. That Section 18.42.070 (Parking Lot Design) 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: 18.42.070 PARKING LOT DESIGN. .010 Layout and Design. All off-street parking areas shall be designed and improved in compliance with the provisions of the applicable City Standards pertaining to minimum off-street parking dimensions; provided, however, that where it can be shown that unusual site conditions or topography require modification in the off-street parking area standards to permit reasonable development of such property, such modifications may be approved by the City Engineer and Planning Director. Such modifications shall be limited to matters of layout and design of the parking area and in no case shall result in a reduction of the minimum number of off-street parking spaces required by this chapter. .0101 Mechanical Parking Lifts and Automated Parking Systems. The use of mechanical parking lifts or automated parking systems for vertical parking/storage of vehicles may be allowed subject to the following requirements: .01 When completely enclosed within a building or structure, mechanical lifts and associated equipment shall be considered garages and shall comply with the setback and height requirements of the underlying zone, and shall be consistent in design and materials with the primary structure(s) on site. .02 Mechanical parking systems that are not completely enclosed within a building or structure shall be limited to systems with one vehicle parked at grade and one raised vehicle and shall not be located within any required landscape or structural setback area, except as provided in subparagraph .05, below. 16 .03 For the purposes of this section, parking spaces located in an automated parking system shall not be considered tandem parking spaces. In residential developments each space in an individual, elevated parking system shall be assigned to the same dwelling unit. .04 Automated parking systems, whether enclosed, partially enclosed or open, shall not be located within any required landscape or structural setback area adjacent to a single-family residential zone or use. .05 Existing, legal non -conforming carports or at -grade parking spaces that encroach into a required setback area may be converted to vertical parking use provided the mechanical lifts and associated equipment are screened from adjacent properties through the use of landscaping or other screening device that is architecturally compatible with the primary structure(s) on site. This provision does not apply to non -conforming parking spaces located within a required street setback area or parking spaces located within required landscape or structural setbacks adjacent to a single-family residential zone or use. .06 Open, or partially enclosed parking systems shall not be allowed in any single-family residential zone. .07 Open, unenclosed parking systems and associated equipment shall be fully screened, as viewed from adjacent public rights of way, through the use of landscaping or other screening devices that are architecturally compatible with the primary structure(s) on site. .08 Prior to approval of use of any mechanical or automated parking system, a Final Site Plan Review Application shall be submitted for approval by the Planning Director as provided for in Chapter 18.70 (Final Plan Reviews). .09 In existing parking lots, where fewer parking spaces are provided than required by Chapter 18.42 (Parking and Loading), the number of at grade spaces shall not be reduced, and no fees may be charged for existing spaces, including the at grade space located within a vertical lift system. .020 Parking Structures. All parking structures shall be designed, improved and maintained in compliance with the provisions of the applicable City Standard Details pertaining to arterial highway and commercial driveway approaches, parking structures and ramps, minimum off-street parking dimensions, and parking dimensions for structures. .030 Handicapped Parking. Provision shall be made for handicapped parking as otherwise required by law. 17 .040 Tandem Parking. Tandem parking for required off-street parking spaces shall be prohibited except as otherwise expressly authorized in this chapter or as otherwise specified by the underlying zone. .050 Improvements to Existing Parking Lots. To bring existing parking lots into greater compliance with the provisions of this chapter and to encourage bicycle parking, the following provisions may be applied to existing development. These provisions shall be processed in accordance with Section 18.62.040 (Administrative Adjustments): .0501 Compact Parking Space Credit. If a property owner replaces existing legal non -conforming compact parking spaces with standard parking spaces in accordance with Section 18.42.060 (Parking Dimensions and Access), the property owner will be credited with any parking spaces that are lost due to the restriping on a one-to-one basis. For example, if a property owner has a parking lot with ten compact spaces and the property owner restripes the parking lot and replaces those ten compact spaces with eight standard spaces, for purposes of meeting any parking requirements, the parking lot will be considered as having ten parking spaces. .0502 Bicycle Parking Credit. If a property owner replaces existing automobile parking spaces with bicycle parking, the property owner will be credited with any parking spaces that are lost due to bicycle parking at a ratio of one automobile parking space for every four bicycle parking spaces provided. No more than four spaces or five percent of existing parking spaces, whichever is less, may be removed and replaced with bicycle parking. SECTION 6. That Section 18.62.040 (Administrative Adjustments) of Chapter 18.62 (Administrative Reviews) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.62.040 ADMINISTRATIVE ADJUSTMENTS .010 Review Authority. Administrative adjustments are waivers of certain development standards as specified herein. The Planning Director, subject to the limitations of this section, may grant administrative adjustments, provided, however, that not more than two (2) such adjustments shall be approved for any individual project. If more than two (2) adjustments are requested for any individual project, such request shall be processed by the Planning Commission as a variance in accordance with the procedures in Chapter 18.74(Variances). For properties with uses or structures made nonconforming by a public acquisition in accordance with Section 18.56.130 (Uses and Structures made Nonconforming By Public Acquisition), the Planning Director may grant more than two (2) such adjustments without requiring a variance subject to the required findings in Section 18.62.040.050, provided that an application for such adjustments is filed with the Planning Department within a time period of ten (10) years from the date W. said property becomes nonconforming by a public acquisition. The Planning Director may refer any administrative adjustment application to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews). .020 Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters: .0201 Dimensional requirements for front setbacks: up to twenty percent (20%). .0202 Parking requirements: A deviation of 20% or less from the requirements of Section 18.42.040 may be processed subject to Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements) and Section 18.42.120 (Off -Site Parking Permits). .0203 All other dimensional or percentage limitations or requirements of this Title, except fences, walls, hedges and berms: a maximum deviation of ten percent (10%). .0204 Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residential zone separating any non-residential from an adjacent residential zone where the additional height is required to minimize negative impacts to the residential use. .0205 Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060. .0206 Garage location and access requirements. .0207 Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements) of Chapter 18.42 (Parking and Loading). .0208 Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.0 10 (Wall Signs and Other Types of Signs): a deviation of up to twenty percent (20%) may be approved by the Planning Director. .030 Procedures. A letter requesting an adjustment shall be submitted to the Planning Department along with a site plan; and, any other information as deemed necessary by the Planning Director. .040 Fees. Applications for an administrative adjustment shall be accompanied by the payment of a fee per Chapter 18.80 (Fees). 19 .050 Findings. The Planning Director shall make the following findings in order to approve an administrative adjustment: .0501 The adjustment is consistent with the purposes and intent of the Zoning Code; .0502 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; .0503 The adjustment will not produce a result that is out of character or detrimental to the neighborhood. .0504 Prior to approving more than two adjustments for properties with uses or structures made nonconforming by public acquisition in accordance with Section 18.56.130 (Uses And Structures made Nonconforming By Public Acquisition), the Planning Director shall make the following additional findings: .01 The adjustment is directly related to and further mitigates impacts caused by the public acquisition. .02 The adjustment would bring the property closer to overall conformance with the purposes and intent of the Zoning Code. .060 Conditions. The Planning Director may attach conditions necessary to protect the public health, welfare and safety. .070 Decision. The decision of the Planning Director on an administrative adjustment becomes final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). SECTION 7. 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. 20 SECTION 8. CERTIFICATION 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 9. 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 28thday of February , 2017, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of March , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None ATTE CITY CLERK TiFT ITY OF ANAHEIM 120324-v2 CITY OF ANAHEIM By: \ MAYOR OF THS CITY OF ANAHEIM 21 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6399 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of February, 2017, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 7th day of March, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 2017. (SEAL) PROOF OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of SUMMARY PUBLICATION CIeighteen years, and not ato or interested in ORDINY ANCE CE N I39 g party ORDINANCE N�6399 the above-entitled matter. I am the principal ORDINANCE N0.6399 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING clerk of the Anaheim Bulletin, a newspaper that (PARKING IAND LOAD NG)AND USES), 18.6242 (ADMINISTRATIVEREVIEWS)OF TITLE 18(ZONING)OF —THhas been adjudged to be a newspaper of general DETERMINING ANAHEIM THIISS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT circulation by the Superior Court of the County (CEQA)PURSUANT TO SECTION 15060(C)(2)OF THE STATE CEQA GUIDELINES BECAUSE It WILL NOT of Orange, State of California, on December 28, INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. (ZONING CODE AMENDMENT NO.2016-00136) 1951, Case No. A-21021 in and for the City of (DEV2016-00124) The purpose of this ordinance is to amend Chapter 18.36 (Types of Anaheim, County of Orange, State of California; Uses), Chapter 18.42 (Parking and Loading) and Chapter 18.62 (Ad- ministrative Reviews) of Title 18(Zoning) of the Anaheim Municipal Code (the"Code") to reduce or modify parking requirements for cer- that the notice, of which the annexed is a true tain commercial and industrial land uses;allow requests for parking deviations of up to 20%of Code requirements to be processed through the administrative adiustment process br referred to the planning printed copy, has been published in each regular Commission by the Planning and Building Director or the Director's designee; and,incentivize property owners to replace compact stalls with standard stalls and to provide bicycle parking spaces. and entire issue of said newspaper and not in any I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certi- supplement thereof on the following dates to fy that the foregoing is a summary of Ordinance No.6399,which ordi- nance was introduced at a regular meeting of the City Council of the City of Anaheim on the 28th day of February, 2017 and was duly wit: passed and adopted at a regular meeting of said Council on the 7th day of March, 2017 by the following roll call vote of the members thereof: March 16,2017 AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,Moreno,Kring,and Faessel "I certify (or declare) under the penalty of NOES: None perjury under the laws of the State of California ABSENT: None ABSTAIN:None that the foregoing is true and correct": The above summary is a brief de8cr(p#i(#n of the subiect matter con- tained in the teXt Ordinance No.6399 which has been prepared pur- suant to Section 512 of the Charter of the City of Anaheim: This sum- mary does not include or describe every provision of the ordinance Executed at Santa Ana, Orange County, and should not berelied on as a substitute for the full text of the ordi- nance. California,on To obTaln—a cap9-efaltIVIOtrteXtiierfreNkdtriarla, please confect he Office of the City Clerk,(714)765-5166,between$00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Date: March 16,2017 121420v1/LHM Publish:Anaheim Bulletin March 16,2017 10914741; Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6399 and was published in the Anaheim Bulletin on the 16th day of March, 2017. fib° gra Agir CITY CLERK OF THE CITY OF A AHEIM (SEAL)