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20860 I* FOLLOWS - ORDINANCE NO. 2086 AN OU.INANCE OF THE CITY OF ANAHEIM AIENDING TITLE 18, CHAPTER 18.40 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1, That Title 18, Chapter 18.40 of the Anaheim Municipal Code, be, and the same is hereby amended to read. as follows: "CHAPTER. 1.8.40 ®s C-1, GENERAL COKERCIAL ZONE. "SECTION 18.40.010 DESCRIPTION' AND PURPOSE "The General Coimnercial Zone is intended to provide for and encourage the orderly development of commercial areas through- out the City which will serve the demard for awide variety of goods and services. "SECTION 18.40.020 PERMITTED USES. "Subject to the provisions of this zone the following retail stores a,,nd service businesses, either singly or in combination and dealing principally in new merchandi-se, may be conducted in the General Commer-cial Zone. All uses, except service stations and except as provided in Section 18.40.040, Outdoor Uses, shall be conducted wholly within a building. Uses shall not be objectionable by reason of noise, odor, dust, smoke, vibrations or other similar causes. In the interests of assuring land use ccmpatibility arad the preservation of development resources withir. Artaheim's cumm-ercial areas, the commercial use of a structure originLally designed or intended for residential use shall be permitted as provided in Section 18.40.050. Uses including but not limited to the following may be conducted-. (a) All uses permitted under Section 18.38.020 of the C-0 Zone. (b) Permitted Retail uses-. 1� 2. 3. 4. 5 � 6. 7 ' 8. 9. 10. Antique shop Appliance store Automobile service station, limited to those sites located at the intersection of two high- ways, as designated on the circulation element of the General Plan, as major, primary, or secondary highways, except when the site is within 75 feet of a residential zone or any residential structure in. an R -A Zone. Automobile accessories and parts Art gallery Bakery (employing not more than five (5) persons) Bicycle shop Book store Cigar or tobacco store Clothing or apparel shop -1- 1� u • 11. Confectionery store 12. Department store 13. Dress or millinery shop 14. Drug store or pharmacy 15. Furniture store 16. Grocery or fruit store 17. Hardware store 18. Hobby shop 19. Interior decorator 20. Jewelry 21. Lapidary 22. Meat market or delicatessen 23. Lotions store 24. Off -sale beer, wine or liquor establishment 25. Pet shop 26. Photographic supplies 27� Radio and 7V store 28. Reconditioned used merchandise sales 29. Restaurant and/or coffee shop 30. Shoe store 31. Studio: dancing, music, art, etc. 32. Sporting goods store 33. Radio/TV studio 34. Tobacco, candy, newspaper and magazine counters (where clearly incidental to a primary use structure) 35. Toy store 36 Unfinished furniture sales 37. used book store 38. Yardage store (c) Permitted Service Businesses: 1. 2. 3. 4. 5. 6. 7. 0 9. 10, 110 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Barber or beauty shop Bicycle repair shop Blue printing service Bowling, pool, or billiard Bus depot Business, trade schools, or Coin; or attendant operated establishment and/or agency or dry cleaning permitted) Collection and distribution or dry cleansing Conservatory of music Drafting service Dressmaker center training center laundry/dry cleaning (no wholesale laundry station for laundry Exhibition hall, theater, auditorium Job Printer Library or reading room Locksmith Medical,or dental laboratory Microfilm service Mortuary Photo studio Private lodges, clubs and meeting,halls Radio/TV repair Rental service: Household, equipment. Secretarial service Shoe repair Small appliance repair -2- sickroom, and office 26. Tailor 27. Telephone answering service 28. Turkish bath and/or sauna 29. Tuxedo/costume rental "SECTION 18.40.030 ACCESSORY USES, (1) The following accessory uses may be conducted where clearly incidental to, and integrated within a primary use structure: (a) Wholesaling of products (b) Parking structures (including underground facilities) (c) The manufacturing, processing, repair, treatment, or storage of products which is clearly incidental to the retail business conducted on the premises shall be permitted provided that such manufacturing, processing, repair, treatment, or storage operations are not objectionable due to noise, odor, dust, smoke, vibrations, or other similar causes. (d) Dwelling, where used by a proprietor, manager, or custodian of a use permitted within this zone, provided that the minimum floor area of such a a dwelling shall be that required in the R-3, Multiple -Family Residential Zone, (2) Ice vending machines, of three (3) tons capacity or less, may be located, on the premises occupied by a primary use subject to all other provisions of this zone. "SECTION 18.40.040 OUTDOOR USES. "The following outdoor uses may be conducted in this zone subject to the provisions of Section, 18.40.070, Site Development Standards: (a) Commercial or private automobile parking lot improved in accordance with the adopted parking lot development standards, (b) Plant nurseries; provided, however, that all areas devoted to the outdoor storage of other than live plant material be adequately screened from view by a masonry wall. Said storage shall not exceed the height of the wall and shall be limited to botanically related materials. (c) Banquets, when conducted as an incidental and occasional activity in conjunction with a restaurant, as permitted in Section 18.40.020, Permitted Uses. SECTION 18.40.050 LIMITED COMMERCIAL USE OF RESIDENTIAL STRUCTURES. "Structures originally designed or intended for residential purposes may be used for the purposes hereinafter set forth, subject to the following conditions: 0 A 4D (a) The required front setback of the residential structure shall be maintained and landscaped in accordance with the provisions of Section 18.40.070 (2)(a)6. All parking shall be provided to the rear of the residential structure. (b) All structures shall conform to all provisions of Fire Zone No. 2, except as modified, in whole or in part, by the Fire Chief of the City of Anaheim. (c) All structures shall conform to all provisions of Title 15, Building and Housing, of the Anaheim Municipal Code. (d) The following uses shall be permitted, 1. All uses included in Section 18.40.020(a) 2. Antique shop 3. Art Giatllery 4. Barber or beauty shop 5. Book store 6. Drafting service 7. Dressmaker 8. Gift shop 9. Hobby shop 10. Interior decorator 11. Knitting shop 12. Restaurant and/or--offee shop 13. Secretarial, service 14. Tailor 15. Telephone answering service (e) Other uses listed in, Section 18.40.020 may be permitted subject to a Conditional Use Permit and subject to the conditions and required showings of Chapter 18.64. (f) All site development standards of Section 18.40.070 shall be complied with,, "SECTION 18.40.060 CONTITIONAL USES. "The following uses may be permitted in this zone subject to a Conditional Use Permit and subject to the conditions and required showings of Chapter 18.64. The site development standards of Section 18.40.070 shall apply: (a) Animal hospital (b) Auto parking structure when developed as a primary use. (c) Automobile service station within seventy-five (75) feet of a residential zone or a residential structure in an R -A Zone. (d) Church (e) Drive-in or walk-up restaurant M Hotel -motel (g) On -sale liquor establishment (whether or not integrated with a restaurant). -4- CI • "SECTION 18.40.070 SITE DEVELOPWINT SUNDARDS . (1) Findings of'Fact (a) The City Council finds that the development of the .City's General Commercial areas in an orderly and efficient manner is a resource essential to the community's economic health and vital to the preser- vation of a competitive growth potential, The following provisions are intended to preserve, en- hance, and encourage the fulfillment of this potential. (b) The City Council further finds that the following site development standards are necessary to preserve the community health, safety and general welfare; to assure adequate levels of light, air, and density of development; to maintain and enhance the locally recongnized values of cow-,=,inity appearance; to promote functional compatibility of uses; and to ,promote the safe and efficient circulation of pedestrian and vehicular traffic. (c) The City Council site development vent of property such a manner so and development (2) Yards and Setbacks. further finds that the purpose of said standards is to encourage the develop - in the General Com -mere ial Zone in as not to adversely affect the growth potential of adjoining lands. (a) Every building hereafter erected in this zone, or structually altered to an extent exceeding fifty (50) per cent, of its present value shall be pro- vided with yards and setbacks as follows. 1. An. open ground floor building setback area shall be provided for the full wi&th of property abutting army arterial highway. Said setback area shall be a minimum of ten (10) feet in depth from.. the planned highway right-of-way line as desigIrzated on the Circulation Element of the General Flan �Highway Rights-of- way.' 2. An, open building setback area shall be provided for the full, width of property abutting any local street. Said setback area shall be a minimmam of five (5) feet in depth measured from the planned highway right-of-way line; provided, however, that where two-thirds (2f-1) of the property in the block on the opposite side of said 1-ocal street is zoned for a single—family residential use, the set- back shall be increased to a depth of ten (10) feet. 3. The setback area sell-- forth in Paragraphs I and 2 above may be used as part of an automobile parking area; provided, however, that a minimum three (3) foot wide screen planting strip shall be maintained adjacent to anny right-of-way line. -5- • • 4. Whenever said auto parking area abuts upon a. local street where two-thirds (2/3) of the property in the block on the opposite side of said local street is zoned for a single-family residential use, in order to maintain and enhance the established values of adjoining residential areas, a six (6) foot masonry wall shall be provided to the rear of said planting strip for the full width of the subject property. 5. Where an interior site boundary line abuts a residential zone an opens setback area shall be provided as follows a. A minimum of ten (10) feet, provided however, that for any building over three (3) stories in height the setback areas shall be increased in width two (2) feet for each story by which the building exceeds three (3) stories in height. Said setback area may be used as part of an automobile parking area, provided that trees shall be planted along the zone boundary so as to provide an effective screen five (5) years after planting. b. Where property abuts analley, one-half the width of said .alley may be applied in measuring the setback. c. To further encourage a varied and interest- ing arrangement of buildings and to provide for a more flexible and desirable relation- ship between buildings, the yard provisions of Paragraph 5 above way be reduced accord- ing to the angle of the building with the lot lime as follows ANGLE OF BUILDING WITH 1NTER'IOR LOT LINE 0-150 16-250 26-35® No 1/2 ft. per Reduction story over three (3) stories 36-45° 3/4 ft. per 1 ft. per story over story over three (3) three (3) stories stories d. Buildings shall be located so that any structures not actually adjoinin shall be provided with a minimum eight ($ foot separation for pedestrian access. 6. Landscaping-. Except where otherwise provided, said setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Fountains, ponds, sculpture, planters, walk- ways, flagpoles for display of national, state or company ensigns only, light standards, and decorative screen type walls, forty-two (.42) inches or less in height, where an integral I. XI I 111; part of a landscaping scheme comprised primarily of plmtmaterials are permitted. Entrance and exit drives and walks may be provided into parking areas. Said drives shall not exceed thirty (30) feet in width for each curb opening. In addition, a mini- mum of two (2) per cent of all parking areas shall be landscaped. Required landscaping shall be subject to the approval of the Development Review Committee (3) Building and Structural Height Limitations (a) The height of any building or structure within one hundred fifty (150) feet of any single family resi- dential zone boundary shall not exceed one-half the distannc4 from said building or structure to the zone Vougnda,ryo Streets or alleys may be included in calculating distance. (b) The maximum height of all other buildings or . structures shall be seventy-five (75) feet except as provided in Subsection eco" (c) Height in excess of seventy-five (75) feet may be permitted under application for a Conditional Use Permit for such extra height. (4) off-street Parking (a) The following minimum number of off-street parking spaces shall be provided. Where a combination of uses are proposed, the parking requirements shall be the sum of the requirements of the individual types of useso 1. Office useso a o Professional and general business offices - four (4) spaces per 1000 square feet -of gross floor area or fraction thereof. bo Corporate or headquarters offices not providing direct service to the general public - three (3) spaces per 1000 square feet.of gross floor area or fraction thereof. c. Medical and dental offices - six (6) spaces per 1000 square feet of gross floor area or fraction thereof. 20 Retail Stores and service businesses a. Furniture stores - One (1) space per each five hundred (500) square feet of floor area or fraction thereof. bo Hotels - One (1) space per two (2) guest rooms, plus employee perking at the rate of one (1) space per term (10) guest rods c. Motels - Orme (1) space per unit da Restaurants (enclosed) - Eight (S) spaces per 1000 square feet of gross floor area or fraction thereof. -7- e„ Restaurants (walk-up, drive-in., drive- through) a minimum of ten (10) spaces per five hundred (500) square feet or less gross floor area, plus one (1) space for each additional fifty (50) square feet of gross floor area. f. Other retail stores and/or service businesses - Five (5) spaces per 1000 square feet of gross floor area or frac- tion thereof. g. Wholesaling or warehousing space One (1) space per 1000 square feet of gross floor area or fraction. thereof. 3. Places of Assembly. a. Churches - One space per five (5) seats in the primary place of worship. b. Theatres, auditoriums, clubs, lodges , meet- ing halls, and convention halls - One (1) space per five (5) seats in the main assembly area; or, where no permanent seating is provided, one (1) space per thirty-five (35) square feet of seating area, c. Buslnoess schools, trade schools, and train- ing centers - One (1) space per seat or per each ten (10) square feet of gross floor area in places of assembly or instruction and three (3) spaces per 1000 square feet of gross floor area in areas where heavy equipment is used in conjunction with instruction or training. 4. For other uses as provided in this chapter, parking shall, be provided in accordance with the provisions of Chapter 1.3.04. (b) Where exceptional and extraordinary circumstances applicable to the site of the use to be served are involved, parking may be provided adjacent to, or within, four hundred (400) feet of said site. All property used for -such off-site parking shall be under the same ownership as the use intended to be served, under joint ownership, or under agree- ment approved as to form by the City Attorney. A recorded document stipulating the reservation of the pxriperty for parking purposes shall be filed with the Building and Planning Departments prior to the issuance of a building permit. (c) In recognition of the municipal parking lot program, Center City area parking, when approved by the City Council, may be provided in the form of an in -lieu payment to the municipal parking fund or to a parking district, in an amount per space as specified by the City Council. 10 (d) All off-street parking shall be designed and improved in accordance with the requirements of the 'Minimum Dimensions for Designing Off - Street Parking Layouts' on file in the City Planning Department. (e) The above provisions shall take precedence over any conflicting provisions of Section 18.04.030. General Provisions - Use Parking Reguirements. (5) Access. Public alleys shall be required on all parcels in this zone in accordance with Section 17.08.070 of the Anaheim Municipal Code and improved in conformance with City Standards and details as approved by the City Engineer and adopted by the City Council. The alley requirements may be waived where the proposed development site is surrounded by public streets or where the Planning Commission has recommended, and the City Council has adopted, an Area Development Plan. Where such plan is approved, all other site development standards of this chapter shall apply. (6) Walls. Where the General Commercial Zone abuts upon any residential zone, there shall, berovided a solid masonry wall not less than six (J feet in, height on the zone boundary line except that said walls ,shall be reduced to forty-two (42) inches in height within a setback area adjacent to a street or highway. Said wall shall be measured from the highest finished grade level of the subject prop- erty or adjacent properties, whichever is the highest. Where a development is con tiguou',s to an existing alley which serves as access to residential properties, or where there is an extreme difference in topography, the wall require- ment may be modified or waived by the Development Review Committee or the City Council. (7) Standard Refuse Store Areas, Refuse storage areas shall conform to the standards as shown on the document 'Minimum Acceptable Trash Collection Areas' on file in the Office of the Director of Public Works. (8) Development Review. In order to promote the continued quality develop- ment characteristic of Anaheim's commercial areas to safeguard and enhance both potential and established community values through the encourage- ment of compatible developments, both structurally and architecturally, all development plans shall be subject to review by the Development Review Committee of the, Building and Planning Departments. Where a question arises as to the administration of specific sections of the Anaheim Municipal Code, the Planning Commission, shall hear the matter at its next regular meeting. Appeals from the decision of the City Planning Commission shall be to the City Council in written form, stating the reasons for said appeal. In addition, the City Council may elect, on its own motion, to review the action of the Planning Commission. (9) Street Dedications and Improvements Anticipating that changes will occur in, the local neighborhoods and the City generally due to the in- crease in vehicular traffic, increase in pedestrian traffic, increased noise, and other activities asso- ciated with the City's developmerat and growth, the following dedications and improvements are deemed to be necessary to prevent congestion and the other hazards that are related to the intensified use of the land and to be necessary for the preservation of the public health, safety and gener�l welfare, These require- ments shall, be met or complied with before re any building shall be finally approved and accepted for use and occupancy, (a) All required arterial streets and highways, local streets, and alleys, which abut the subject prop- erty, shall be dedicated to the full width desig- nated by City standards and details as approved by the City Engineer &n,d adopted by the City Council, an.d by the Circulation Element of the General Plan - 'high -way Rights -of -Way' as adopted and amended from time to timss. (b) All street, highway,, and alley improvements shall have been installed and in good repair or street improvement plans shall be prepared to City of Anaheim standards and said improvements constructed. A faithful performance bond in, a form approved by the City Attorney may be posted to assure the con- struction of the streets, which may include but not necessarily be limited to excavation, curbs, gutters, sidewalks, pavement, drainage facilities or any other engineering requirement. (c) Street lighting facilities shall be installed in accordance with the official street lighting plan approved by the Utilities Director, or street lighting fees in that amount specified by the City Council for any abutting street or highway, shall be paid to the City of Anaheim. (d) Public utility easements necessary to serve the subject property and/or area in which the subject property is situated shall be dedicated to the City of Anaheim in accordance with the require- ments of the Utilities Director. (e) Necessary fire protection facilities shall be provided for in accordance with the requirements of the Fire Chief of the City of Anaheim. _10- • • (f) Street tree fees in the amount specified by the City Council for any abutting street or highway shell be paid to the City of Anaheim for the furnishing and planting of said trees. Where fully concreted parkways are developed, tree wells shall. be installed as required by official parkway development standards. (g) The Building Inspector .shall not grant final release or issue a final certificate of occupancy to any building constructed upon any property covered by this,ordinance until the City Engineer has certified to the com- pliance of the conditions set forth in (a) and (b) above, the Utilities Director has certified to the compliance of the conditions set forth in (c) and (d) above, the Fire Chief has certified to the compliance of the conditions set forth in (e) above, and the Director of Public Works has certified to the compliance of the conditions set forth in (f) above." SECTION 2. The City Clark shall certify to the passage of.this ordinance and shall cause the same to be printed once with- in fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 5th day Of January , 19 65 MAYOR OF T TY OF ANAHEIM ATTEST-. CITY CLERK OF TYKE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2086 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 22nd day of December, 1964, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of January, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 2086 on the 5th day of January, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of January, 1965. f CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HEREBY CERTIFY THAT THE FOREGJING ORDINANCE NO. WAS PUBLISHED ONCE IN THE ANAHEIM BULLETIN / ON 164- 0 • 0I