PC 2010/02/01H:\TOOLS\PC Admin\PC Agendas\(020110).doc
City of Anaheim
Planning Commission
Agenda
Monday, February 1, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairman: Panky Romero
• Chairman Pro-Tempore: Stephen Faessel
• Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa,
Joseph Karaki, Victoria Ramirez
• Call To Order - 3:30 p.m.
• Pledge Of Allegiance
• Public Comments
• Consent Calendar
• 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 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,
January 28, 2010, 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 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
02/01/10
Page 2 of 6
Anaheim Planning Commission Agenda - 3:30 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 public comments on agenda items with the
exception of public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff, or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Minutes
ITEM 1A
Receiving and approving the Minutes from the Planning
Commission Meeting of January 4, 2010. These minutes have
been provided to the Planning Commission and are available for
review at the Planning Department.
Motion
Reports and Recommendations
ITEM NO. 1B
CONDITIONAL USE PERMIT NO. 2009-05465A AND
VARIANCE NO. 2009-04804A (DEV2009-00048A)
Owner: Ronald J. Chester
JP Morgan Chase Bank
1111 Polaris Parkway, Suite 1E, Mail Code OH1-0241
Columbus, OH 43240
Applicant: Tasia Kallies
Burnham Nationwide
111 West Washington Street, Suite 450
Chicago, IL 60602
Location: 555 North State College Boulevard
The applicant requests review of final elevation and landscaping
plans for a previously-approved drive through bank.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare additional
environmental documentation per California Environmental Quality
Act (CEQA) Guidelines - Class 2 (Replacement or Reconstruction).
Motion
Project Planner:
Dave See
dsee@anaheim.net
02/01/10
Page 3 of 6
Public Hearing Items:
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2009-05471
(DEV2009-00094)
Owner: Jodi Adamo
The Pilates Body of Orange County
6525 East Camino Vista #3
Anaheim, CA 92807
Applicant: Adam Surnow
Seligman Western Enterprises
One Town Square, Suite 1913
Southfield, MI 48076
Location: 5100 East La Palma Avenue (Suite 117)
The applicant proposes to establish a fitness studio within
an existing multi-tenant commercial and industrial business
park.
Environmental Determination: The proposed project is
Categorically Exempt from the need to prepare additional
environmental documentation per California Environmental
Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
Resolution No. 2010-003
Project Planner:
David See
dsee@anaheim.net
02/01/10
Page 4 of 6
ITEM NO. 3
ZONING CODE AMENDMENT NO. 2009-00087*
(DEV2009-00093)
Applicant: City of Anaheim
Location: Citywide
This is a City-initiated request to add a new Section
18.38.135 to Title 18 (Zoning Code) establishing
requirements pertaining to a Festival Permit; a new type of
permit intended to regulate and coordinate permits for
events or other functions expected to draw a total of thirty-
five thousand or more persons at two or more City venues.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per Section 21080
of the California Public Resources Code (Statutory
Exemption).
*Advertised as Zoning Code Amendment No. 2009-00093
Motion
Project Planner:
Susan Kim
skim@anaheim.net
Adjourn to Wednesday, February 17, 2010 at 3:30 p.m.
02/01/10
Page 5 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:30 p.m. January 28, 2010_
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
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.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10
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.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
02/01/10
Page 6 of 6
S C H E D U L E
2010
February 17 (Wednesday)
March 1
March 15
March 29
April 12
April 26
May 10
May 24
June 7
June 21
July 7 (Wednesday)
July 19
August 2
August 16
August 30
September 13
September 27
October 11
October 25
November 8
November 22
December 6
December 20
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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.
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SP 94-1 (SC)
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N K E L L O G G D R
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. SANTA ANA CANYON RD
E. ORANGETHORPE AVE
108945100 East La Palma Avenue, Unit 117
DEV2009-00094
Subject Property
APN: 346-442-02
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:
April 2009
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N K E L L O G G D R
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91
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E . S A N T A A N A CANY O N R D
. SANTA ANA CANYON RD
E. ORANGETHORPE AVE
108945100 East La Palma Avenue, Unit 117
DEV2009-00094
Subject Property
APN: 346-442-02
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:
April 2009
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2010-003
RESOLUTION NO. PC2010-003
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05471
(DEV2009-00094)
(5100 EAST LA PALMA AVENUE, SUITE 117)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05471 to establish a fitness studio within an
existing multi-tenant commercial and industrial business park, for certain real property situated
in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached
hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a 138,350 square foot, multi-
tenant commercial and industrial business park located in the SP 94-1, D.A. 2 (Northeast
Area Specific Plan, Expanded Industrial Area) zone and the Anaheim General Plan
designates the property for Office-Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 1, 2010, at 3:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said 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 request for a conditional use permit, does find and
determine the following facts:
1. The request to establish a fitness studio within an existing multi-tenant
commercial and industrial business park in the SP 94-1, D.A. 2 (Northeast Area Specific Plan,
Expanded Industrial Area) zone is properly one for which a conditional use permit is authorized
under Code Section 18.120.070.050.0519 (Health Spas and Physical Fitness Centers) of the
Anaheim Municipal Code.
2. The proposed fitness studio, as conditioned herein, would not adversely affect the
adjoining commercial and industrial land uses and the growth and development of the area in
which it is proposed to be located because all business activities would occur inside the building
and therefore would not cause any disturbances to the surrounding businesses.
3. The size and shape of the site is adequate to allow the full development of the
proposed fitness studio in a manner not detrimental to the particular area nor to the health, safety
and general welfare of the public. Moreover, no expansion to the existing building is proposed
and a higher parking requirement than other commercial businesses in the complex is not
required; therefore, no additional parking is required as a result of this request.
- 2 - PC2010-003
4. The traffic generated by the fitness studio would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
facility would be consistent with the types of commercial uses along La Palma Avenue and the
traffic generated by this use will not exceed the volume of traffic planned for the streets and
highways in the area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in
the area and activities would occur entirely within the existing tenant space.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009-05471 subject to the
conditions of approval described in Exhibit “B” attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 this conditional use permit is approved
without limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application.
- 3 - PC2010-003
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 1, 2010.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on February 1, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of February, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2010-003
- 6 - PC2010-003
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2009-05471
(DEV2009-00094)
No. Conditions of Approval Responsible for
Monitoring
GENERAL
1 The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or marked
upon the premises or on any adjacent area under the control of
the licensee shall be removed or painted over within 24 hours of
being applied.
Police/Code
Enforcement
2 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 marked Exhibit Nos. 1 (Site Plan) and 2-3 (Floor
Plans), and as conditioned herein.
Planning
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.
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ATTACHMENT NO. 1
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10892
DEV2009-00093
Citywide
[DRAFT] ATTACHMENT NO. 1
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SECTION 18.38.135 TO CHAPTER 18.38 OF TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO FESTIVAL PERMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1
.
That new Section 18.38.135 be, and the same is hereby, added to Chapter 18.38 of
Title 18 of the Anaheim Municipal Code to read as follows:
“18.38.135 FESTIVAL PERMIT.
.010 Intent and Purpose. The Festival Permit is intended to regulate temporary uses,
activities, events and signs related to large-scale events or functions held or conducted within the
Festival Districts, and to coordinate permits typically associated with this type of event or
function including, but not limited to, Parades, Carnivals, Fireworks, Commercial Filming and
Special Events. The purpose of the Festival Permit is to engage in a comprehensive review of
such large-scale events or functions to ensure that they enhance the aesthetic appeal of the City
and do not create an adverse impact upon the City’s public health, safety and welfare, or the
physical environment in areas in which the City has expended significant resources to enhance
tourism and the visitor experience and which are characterized by high traffic and periodic
influxes of large numbers of persons.
.020 Definitions.
Notwithstanding definitions set forth elsewhere in the Anaheim Municipal Code, the
words, terms and phrases set forth in this section shall have the following meanings:
.0201 Applicant. Any person or legal entity requesting a Festival Permit.
.0202 City Venue. The Anaheim Convention Center, the Honda Center and Angel
Stadium of Anaheim.
.0203 Departmental Service Charges. The actual costs which the City incurs in
connection with events or activities for which a Festival Permit is required under this section,
including, but not limited to, costs associated with police, fire, public safety, code enforcement,
traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting
of traffic, the salaries of City personnel involved in administration or coordination of City
2
services for the Festival and the cost to the City to provide support personnel, equipment,
materials and supplies for Festival events and activities.
.0204 Designated Solicitation Areas. The areas designated for commercial solicitation
and distribution of Promotional Materials set forth in the Festival Permit.
.0205 Festival. An event or other function that is expected to draw a total of thirty-five
thousand (35,000) or more persons to two or more City Venues within the Festival Districts, for
two or more public event days and will generate a peak hotel room block, within the City of
Anaheim of at least five hundred (500) rooms.
.0206 Festival Period. Two (2) days before the first Festival event or activity to and
including Two (2) days after the last Festival event or activity.
.0207 Festival Districts. Those areas indicated in Exhibit A of City Council Resolution
No. ________, adopted on______________, and as may be amended from time to time
thereafter.
.0208 Mobile Billboard Advertising. Any vehicle, or wheeled conveyance which
carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising.
.0209 Promotional Material. Any promotional good or service, gift, merchandise,
sample, product giveaway, device or written material, including any Handbill, as defined in
section 7.24.010 of the Anaheim Municipal Code. The definition of “Promotional Materials”
shall not include any noncommercial communication for a noncommercial purpose as defined in
Chapter 7.32 of the Anaheim Municipal Code (Noncommercial Solicitation).
.0210 Parade. Any march, demonstration, procession, run, motorcade or promenade
consisting of twenty or more persons, animals or vehicles, or a combination thereof, having a
common purpose, design, destination or goal, and taking place upon any Public Property and
which does not comply with normal and usual traffic regulations or controls.
.0211 Public Property. Any real property or interest therein, dedicated to or owned,
leased, operated, or otherwise controlled by the City of Anaheim including, but not limited to,
streets, alleys, parkways, sidewalks, City Venues and the parking lots for City Venues.
.0212 Solicitor. Every person, whether or not a resident of the City of Anaheim,
traveling by foot, vehicle or other type of conveyance, from place to place or from door to door
or at any temporary, stationary location on Public Property, and carrying, displaying, conveying,
transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products,
fruit, farm produce or any services, or making sales and delivering articles thus sold to a
purchaser thereof. The definition of “Solicitor” shall not include any person that is engaging in
any noncommercial solicitation for a noncommercial purpose as defined in Chapter 7.32 of the
Anaheim Municipal Code (Noncommercial Solicitation).
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.0213 Sponsor. Any person or entity designated by the applicant for a Festival Permit
that funds, manages, promotes, organizes or provides backing for the Festival.
.030 Permit Required.
.0301 It shall be unlawful for any person or entity to hold, conduct or operate, within
the Festival Districts, a Festival without having a valid permit issued pursuant to the provisions
of this section 18.38.135.
.0302 The holding or conducting of any event or activity subject to the provisions of
this section without a valid permit issued therefore, pursuant to the provisions of this section, is
declared a public nuisance.
.0303 A Festival Permit may be issued for any Festival within the Festival Districts
indicated in Exhibit A of City Council Resolution No. ________, adopted on______________,
and as may be amended from time to time thereafter.
.040 Permitted Uses, Events and Activities. The temporary uses, events, and activities
permitted in the Festival Districts designated in an approved Festival Permit are in addition to
those uses, events, and activities authorized by the Anaheim Municipal Code or otherwise
permitted by a land use approval, and may supersede the uses conditionally permitted or
prohibited on a particular parcel as set forth in this section and the Festival Permit. The
Applicant shall be authorized to hold or conduct the following uses, events and activities in the
designated Festival Districts subject to an approved or conditionally approved Festival Permit in
accordance with the requirements of this section 18.38.135. For uses, events, and activities that
otherwise require a separate permitting process (i.e., parades, carnivals, fireworks, commercial
filming and special events), the approval of these uses, events and activities will be reviewed,
considered and approved as part of the comprehensive Festival Permit.
.0401 Parades. Parades shall be permitted subject to the requirements of Chapter 14.24
(Pedestrians and Parades) of the Anaheim Municipal Code.
.0402 Concerts.
.0403 Re-Sale of Tickets. The re-sale of tickets on the premises of the Honda Center or
Angel Stadium of Anaheim shall be permitted for public events to be held or conducted at the
Honda Center and Angel Stadium of Anaheim during the Festival Period pursuant to an
approved Festival Permit. The proposed location and hours of operation for the re-sale of tickets
shall be subject to approval by the City as part of the Festival Permit and shall be limited to those
areas at the Honda Center and Angel Stadium of Anaheim designated by City in said permit.
This area shall be shown on the site plan and the security plan.
.0404 Off-Site Advertising. Off-site advertising, including, but not limited to, the
distribution of Promotional Materials for the Festival shall be permitted subject to the
requirements of subsection 18.38.135.050 (Permitted Temporary Signs and Advertising).
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.0405 Fireworks and Open Flame Devices. Fireworks and open flame devices shall be
permitted subject to the requirements of Chapters 6.40 (Fireworks) and 6.41 (Public Displays of
Fireworks and Open Flame Devices) of the Anaheim Municipal Code.
.0406 Live Animals. Live animals shall be permitted subject to the requirements of
Title 8 (Animals) of the Anaheim Municipal Code.
.0407 Commercial Filming. Commercial filming shall be permitted subject to the
requirements of Chapter 4.03 (Commercial Filming) of the Anaheim Municipal Code.
.0408 Use of Vacant Lots. All areas or parcels of land used for any Festival use, event
or activity, including off-street parking areas, shall be either paved with a permanent paving
material, such as cement concrete or asphaltic concrete, or be treated with some type of
temporary ground cover such as wood chips or gravel to inhibit dust. No property shall be used
without the written consent of the property owner.
.0409 Tents.
.0410 Solicitation. Commercial solicitation shall only be permitted within the
Designated Solicitation Areas as expressly authorized in an approved Festival Permit. Solicitors
shall be subject to the requirements of Chapter 4.52 (Solicitors and Peddlers), Chapter 14.30
(Solicitation of Vehicle Occupants), and Section 14.32.310 (Sales of Goods or Merchandise by
Vehicle) of the Anaheim Municipal Code.
.0411 Amplified Sound. Any sound-amplifying equipment within the Festival
Districts, in a fixed or movable position, or mounted upon any vehicle, shall be operated in
compliance with the requirements of Chapters 6.70 (Sound Pressure Levels) and 6.72 (Amplified
Sound) of the Anaheim Municipal Code.
.0412 Alcohol Sales and Consumption. All alcohol sales and consumption shall
comply with all State requirements, including all required permits, and be in compliance with the
requirements of Chapters 7.16 (Disorderly Conduct) and 11.08 (Conduct on Public Property) of
the Anaheim Municipal Code.
.0413 Off-Site Parking. Parking for uses that are not on the same parcel as the parking
lot or structure shall be permitted subject to the requirements of Chapter 18.42 (Parking and
Loading) of the Anaheim Municipal Code.
.0414 Street Closures. All street closures shall be approved by the Chief of Police as
part of the Festival Permit.
.050 Permitted Temporary Signs and Advertising. All advertising shall be subject to the
taxes set forth in Chapter 3.20 (Advertising) of the Anaheim Municipal Code. The temporary
signs and advertising permitted in the Festival Districts, or other specified locations, as
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designated in an approved Festival Permit are in addition to those signs and advertising
authorized by the Anaheim Municipal Code or otherwise permitted by a land use approval, and
may supersede the uses conditionally permitted or prohibited on a particular parcel as set forth in
this section and the Festival Permit. The following temporary signs and advertising shall be
permitted, as part of a coordinated sign program, subject to an approved or conditionally
approved Festival Permit in accordance with the requirements of this section 18.38.135. All
permitted temporary signs and advertising shall be removed within seventy-two (72) hours of the
last Festival event or activity, unless a different time period is specified in the Festival Permit for
the removal of temporary signs and advertising.
.0501 Banners. Temporary banners, including wall banners, banners on light poles,
banners across streets, that are a part of a coordinated sign program for the Festival shall be
permitted.
.01 Banners within the public right-of-way shall comply with Public Utilities
Department Order 406 (Advertising Banners) and shall only include the names and logos of the
Festival and its Sponsors. Unless a different percentage is specified in the Festival Permit, or
otherwise approved by the Planning Director, or designee, the Festival name/logo shall comprise
a minimum of seventy-five percent (75%) of the total area of the banner; the Sponsor’s
name/logo shall comprise no more than twenty-five percent (25%) of the total area of the banner.
In the event an Advertising Banner for a charitable organization is approved by the Planning
Director, or designee, such Advertising Banner need not contain the Festival name/logo.
.02 If the banner is located on a private property, the banner shall only include the
names and logos of the Festival, its Sponsors and the tenants and/or property owner of the
subject property. Unless a different percentage is specified in the Festival Permit, or otherwise
approved by the Planning Director, or designee, the Festival name/logo shall comprise a
minimum of seventy-five percent (75%) of the total area of the banner; the Sponsors and/or
tenant/property owner’s name/logo shall comprise no more than a total of twenty-five percent
(25%) of the total area of the banner. In the event an Advertising Banner for a charitable
organization is approved by the Planning Director, or designee, such Advertising Banner need
not contain the Festival name/logo.
.03 Wall banners, including super graphics and building wraps, shall cover no
greater than twenty-five percent (25%) of the building face of each elevation; the Planning
Director, or designee, may allow a greater percentage of coverage unless it is determined that the
proposed wall banner will have an adverse impact on the visual appearance of the area or
adversely affect adjoining land uses. All such banners shall be securely fastened to the building
and shall not constitute a safety hazard.
.0502 Window Signs. Temporary window signs that are a part of a coordinated sign
program for the Festival shall be permitted. Window signs shall only include the names and
logos of the Festival, its Sponsors and the tenants and/or property owner of the subject property.
Unless a different percentage is specified in the Festival Permit, or otherwise approved by the
Planning Director, or designee, the Festival name/logo shall comprise a minimum of seventy-five
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percent (75%) of the total area of the window sign; the Sponsors and/or tenant/property owner’s
name/logo shall comprise no more than a total of twenty-five percent (25%) of the total area of
the window sign. In the event an Advertising Banner for a charitable organization is approved
by the Planning Director, or designee, such Advertising Banner need not contain the Festival
name/logo.
.0503 Iconic Structures. Temporary iconic structures that are a part of a coordinated
sign program for the Festival shall be permitted. Said structures shall not impede or disrupt the
flow of pedestrian or vehicular traffic or violate any City ordinance or any statute of the State of
California regarding public nuisances, or the display of obscene or harmful matter.
.0504 Sidewalk Decals. Temporary sidewalk decals that are part of a coordinated sign
program for the Festival shall be permitted as long as such signs are not a safety hazard. Unless
a different percentage is specified in the Festival Permit, or otherwise approved by the Planning
Director, or designee, the Festival name/logo shall comprise a minimum of seventy-five percent
(75%) of the total area of the decal; the Sponsor’s name/logo shall comprise no more than
twenty-five percent (25%) of the total area of the decal. In the event an Advertising Banner for a
charitable organization is approved by the Planning Director, or designee, such Advertising
Banner need not contain the Festival name/logo.
.0505 Promotional Materials. Distribution of Promotional Materials, as defined in
subsection 18.38.135.020 (Definitions), shall only be permitted as expressly authorized within
the Designated Solicitation Areas set forth in an approved Festival Permit.
.0506 Substitution of Messages. Signs and Promotional Materials authorized by this
subsection are allowed to carry noncommercial messages in lieu of any other commercial
messages.
.060 Application for Permit. Any person or legal entity desiring a Festival Permit shall
make an application to the Planning Director. Such application must be made at least sixty (60)
days prior to the commencement of the Festival. The application shall be accompanied by a
deposit in an amount to be set by the Planning Director based on the reasonable cost of
processing the application. Costs associated with the processing of the application will be billed
on a time and materials basis. The application shall include:
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.0601 Applicant. The name and contact information for the Applicant.
.0602 Legal Entity. If the Applicant is a corporation or legal entity, the name and
contact information of the members/officers shall be listed.
.0603 Main Contact. The name and contact information for the person to be in
immediate charge of the Festival.
.0604 Media Contact. The name and contact information for the main Media Contact
for the Festival.
.0605 Sponsor. The name, main contact and contact information of all Sponsors shall
be listed.
.0606 Staff and Committee Members. The names and contact information for all staff
and/or committee members responsible for any temporary use, event, activity or sign associated
with the Festival.
.0607 Festival Duration. The inclusive dates, during which the Festival is to take place,
including set-up and disassembly.
.0608 Attendance. The anticipated total number of participants/attendance for the
Festival and for each activity associated with the Festival, as well as information and any
documentation setting forth the number of peak hotel room bookings, within the City of
Anaheim, during the Festival.
.0609 Festival Description. The uses, events and activities proposed in the Festival
Districts, including the proposed location and duration of each use, event and/or activity. If the
event will include a Parade, as defined by subsection 18.38.135.020 (Definitions), the route shall
be clearly indicated on the site plan.
.0610 Site Plan. A site plan or plans indicating the exact location and parcels on which
the Festival and all related uses, events or activities are proposed, including, site dimensions; the
names of adjacent streets and highways; the addresses of the underlying parcel or parcels; any
existing buildings or other large structures; all vehicle access; parking areas, including the
number of parking spaces; and, the areas proposed for the installation of any structures or
equipment or the storage thereof.
.0611 Accessibility Plan. An accessibility plan describing how the Festival will meet
all City, County, State and Federal access requirements.
.0612 Coordinated Sign Plan. A coordinated sign plan setting forth all banners,
including wall banners, banners on light poles and banners across streets, super graphics and
building wraps, window signs, sidewalk decals, iconic structures, and other signs proposed as
part of the Festival. The plan shall include the materials, dimensions, graphics and method of
8
affixing each sign. No sign shall be proposed on any private property without the written
consent of the property owner. The sign plan shall indicate all Sponsors, tenants and property
owners to be advertised.
.0613 Security/Safety Plan. A comprehensive security/safety plan that sets forth any
security required, pursuant to contract(s) with the City Venue or private venue managers. The
plan shall include all private security and any necessary City police officers, fire fighters, code
enforcement officers, emergency medical staff and/or special response teams. The plan shall
include a contact person and associated contact information for any private security to be used at
the Festival. The private security company shall be licensed by the State of California. The
Chief of Police has the final authority to determine security requirements for the Festival. If the
prescribed number of licensed private security guards are not provided, or prove inadequate, the
Anaheim Police Department maintains the right to shut down any or all components of the
Festival and/or to provide additional police services as deemed necessary by the Chief of Police.
.0614 Medical Plan. A medical plan that includes the name and contact information of
any Licensed Professional Medical Service Providers for the Festival and describing the number,
certification levels (Medical Doctor, Registered Nurse, Paramedic and Emergency Medical
Technician) and types of resources that will be utilized and the manner in which they will be
managed and deployed.
.0615 Sanitation Facilities. The total number and location of any portable toilets,
including the number of ADA accessible portable toilets, and the equipment set-up and pick-up
times.
.0616 Traffic Management Plan. A traffic management plan that sets forth proposed
street closures, traffic management strategies to alleviate congestion, shuttle services and off-site
parking locations. The plan shall also indicate the proposed location of parking for both
attendees and staff.
.0617 Solicitors. The name, main contact and contact information of all Solicitors shall
be listed.
.0618 Designated Solicitation Areas. Any location or locations proposed to be
permitted for commercial solicitation and/or distribution of Promotional Materials.
.0619 Re-sale of Tickets. Any location proposed to be permitted for the Re-sale of
Tickets.
.0620 Waste Management Plan. A waste management plan that indicates the proposed
location and timing for the containment and collection of waste associated with the Festival.
.0621 Additional Information. Such other information as may be required by the
Planning Director.
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.070 Action by Planning Director upon Application.
.0701 Upon the filing of a completed application, the Planning Director, or designee,
shall conduct an appropriate investigation, including consultation with the Chief of Police, the
Fire Chief, the Executive Director Convention/Sports & Entertainment, the Director of Public
Works and the Public Utilities General Manager. Within thirty (30) days after receipt of a
completed application, the Planning Director, or designee, shall approve, conditionally approve
or deny the application.
.0702 An application for a Festival Permit, pursuant to this section, shall be granted,
with or without conditions, unless it is found and determined that any of the following conditions
exist:
.01 The application contains incomplete, false or misleading information.
.02 The Festival will violate provisions of the Anaheim Municipal Code or any
federal, state, county or local law or regulation.
.03 The Festival will unreasonably disrupt traffic within the City.
.04 The Festival will unreasonably interfere with access to police stations, fire
stations or other public safety facilities.
.05 The Festival will cause undue hardship to or unreasonably interfere with
adjacent commercial or residential uses.
.06 The Festival is proposed to be held or conducted in a building or structure
which is hazardous to the health or safety of the volunteers, employees or patrons of the event or
activity, City employees, or members of the general public, under the standards established by
the Uniform Building or Fire Codes.
.07 The Festival is proposed to be held or conducted in a manner in which planned
security measures are inadequate to deter unlawful conduct on the part of employees or patrons,
or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent
disturbance of the neighborhood by excessive noise created by the Festival or by patrons entering
or leaving the premises where the Festival takes place.
.0703 The Planning Director shall give written notice to the applicant of the action
taken upon the completed application. In the event the application is denied, written notice of
such denial shall be given to the applicant specifying the grounds for such denial.
.080 Appeal of Planning Director’s Decision.
.0801 Any person or entity aggrieved by a decision of the Planning Director approving
or disapproving the issuance of a Festival Permit or revoking such permit may, within five (5)
10
days after such action, appeal to the City Manager of the City of Anaheim by filing a written
notice thereof with the City Clerk.
.0802 Upon the filing of a timely appeal, the City Manager, or designee, shall set a
hearing to be held within ten (10) business days from the date of receipt of such appeal. The
Applicant, by written request, may waive the time limits set forth in this subsection except the
time within which an appeal may be filed.
.0803 After an administrative hearing and consideration of testimony, the report and
recommendation of the Planning Director, and any written materials submitted by the appellant
or other persons, the City Manager, or designee, shall either approve the permit, with or without
conditions, or shall deny the permit. If the permit is denied, notice of said denial shall include
the reasons for such denial. The decision of the City Manager, or designee, shall be made within
five (5) business days from the date of the hearing and shall be final and conclusive in the matter.
.090 Amendment of Permit Approval. A Festival Permit may be amended by the Planning
Director if a request is made in writing to the Planning Director by the Applicant. The
application for amendment shall be accompanied by a deposit in an amount to be set by the
Planning Director based on the reasonable cost of processing the application for amendment.
Costs associated with the processing of the application for amendment will be billed on a time
and materials basis. Any additional information deemed necessary to review such request, as
determined by the Planning Director, shall be provided by the Applicant. The Planning Director
shall approve, conditionally approve, or deny any application for amendment unless the
conditions set forth in subsection 18.38.135.0702 are found to exist. The decision of the
Planning Director as to any amendment may be appealed in accordance with subsection
18.38.135.080 (Appeal of Planning Director’s Decision).
.100 Restrictions on other Permits.
.1001 No Parade, Carnival, Firework, Commercial Filming or Special Event Permits
shall be granted for any temporary use, event, activity or sign in the Festival Districts designated
in an approved or conditionally approved Festival Permit during the Festival Period.
.1002 It shall be unlawful for any person or entity to hold, maintain, conduct or operate
any temporary use, event, activity or sign for which a Parade, Carnival, Firework, Commercial
Filming or Special Event Permit is required within the Festival Districts designated in an
approved Festival Permit during the Festival Period, unless the person or entity is authorized to
do so pursuant to a Festival Permit approved by the City pursuant to this section 18.38.135.
.110 Use of Property for Commercial Purposes.
.1101 Except for commercial solicitation in Designated Solicitation Areas expressly
permitted in an approved Festival Permit, it shall be unlawful for any person or entity to use any
Public Property or the outdoor area of any private property open to public view from Public
Property including, but not limited to, parking lots, in the Festival Districts designated in an
11
approved Festival Permit during the Festival Period, for the purpose of selling, storing or
displaying any equipment, materials or merchandise, or any other commercial purpose, except
for the following:
.01 Public or private parking; or
.02 The transmission of water, sewer, gas, electricity, television, radio signals or
similar substances or activity for a public purpose in accordance with all federal, state, county or
local laws or regulations including, but not limited to, copyright and trademark laws and
regulations; or
.03 Pursuant to any agreement with the City; or
.04 Newsracks subject to compliance with the provisions of Chapter 4.82
(Newsracks on Public Rights-of-Way) of the Anaheim Municipal Code.
.1102 Uses, events, activities and signs authorized by this subsection shall not prohibit
members of the general public from accessing any business or residence.
.120 Prohibited Temporary Signs and Advertising.
.1201 Except for the distribution of Promotional Materials in Designated Solicitation
Areas expressly permitted in an approved Festival Permit, it shall be unlawful for any person or
entity to deposit, place, throw, scatter, cast, or otherwise distribute any Promotional Material
from Public Property or the outdoor area of any private property open to public view from Public
Property including, but not limited to, parking lots, in the Festival Districts designated in an
approved Festival Permit during the Festival Period.
.1202 Unless otherwise expressly permitted in an approved Festival Permit, it shall be
unlawful for any person or entity to erect, place, set, deposit, maintain or place any temporary
commercial sign, banner, wall banner, window sign, iconic structure, sidewalk decal, sticker or
other structure on Public Property or the outside area of private property open to public view
from Public Property including, but not limited to, parking lots, in the Festival Districts
designated in an approved Festival Permit during the Festival Period including, but not limited
to, all temporary commercial signs generally permitted pursuant to Chapter 18.44 (Signs) of the
Anaheim Municipal Code. Temporary noncommercial signs shall be permitted in accordance
with Chapter 18.44 (Signs) of the Anaheim Municipal Code.
.1203 It shall be unlawful for any person to conduct, or cause to be conducted, any
Mobile Billboard Advertising upon any street, or other public place within the Festival Districts
designated in an approved or conditionally approved Festival Permit in which the public has the
right of travel during the Festival Period; provided, however that this paragraph shall not apply to
(i) any vehicle which displays an advertisement or business identification of its owner, so long as
such vehicle is engaged in the usual business or regular work of the owner, and not used merely,
mainly or primarily to display advertisements; (ii) buses; or (iii) taxicabs. The purpose of this
12
restriction is to eliminate mobile billboard advertising within designated Festival Districts during
the Festival Period in order to promote the safe movement of vehicular traffic, to reduce air
pollution, and to improve the aesthetic appearance within designated Festival Districts during
Festival Events.
.130 Compliance with other Codes
.1301 Health and Sanitation. The Festival shall conform to the health and sanitation
requirements established by the County Health Officer and by applicable State, County and City
laws.
.1302 Building and Fire Codes. Upon request, the Applicant shall furnish proof to the
City that all equipment, tents and structures utilized in connection with any Festival activity have
been inspected and are in compliance with applicable State and City laws and regulations, and
shall cooperate with the inspection thereof by local police, fire, building, health or other public
officials and personnel.
.1303 Except as expressly provided in section 18.38.135, all provisions of the Anaheim
Municipal Code shall be in full force and effect and shall be strictly complied with by the
Applicant and all persons in the Festival Districts.
.140 Liability Insurance, Indemnity, and Performance Bond Provisions. The requirements
of this Section are applicable whenever the Applicant’s operations will utilize or impact City
facilities, property, or Public Property, as determined by the City.
.1401 Without limiting City’s right to indemnification and defense, before a Festival
Permit is issued Applicant shall secure, and maintain during the entire period of time that any
Festival-related activities are taking place on, or any Festival-related property is on Public
Property, insurance coverage as follows: (i) commercial general liability insurance specifically
covering the Festival-related activities and events proposed by Applicant and including, but not
limited to, coverage for premises and operations, contractual liability, personal injury liability,
products/completed operations liability, and independent contractor’s liability, in an amount not
less than $5,000,000 per occurrence, written on an occurrence form; and (ii) comprehensive
automobile liability coverage (including owned, non-owned, and hired coverage), in an amount
not less than $1,000,000 per occurrence, combined single limit, with no aggregate. The insurance
required herein shall be: (a) written on a primary basis (i.e., without a self-insured retention); (b)
placed with insurers admitted to write insurance in California and possessing an A. M. Best rating
of A VII or higher (or with an insurer otherwise acceptable to City, with City’s prior written
permission). A properly executed endorsement, with a wet signature, to said general liability
policy/policies shall be submitted naming the City of Anaheim, its officers, employees, agents,
representatives, and volunteers as additional insureds (collectively, the “City Indemnities”) as
respects (i) the acts, omissions, operations, products, and activities of, or on behalf of, the
Applicant, (ii) the Festival and Festival-related activities, and (iii) Applicant’s use and occupancy
of all Public Property related to the Festival. In the event the use of pyrotechnics, or any other
unusual activity, or higher-risk activity (such as carnival rides) is contemplated, the Applicant
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will be required to submit evidence of insurance which will cover said use or activity in an
amount and a form acceptable to the City’s Risk Manager; provided, however, that specifically
as to pyrotechnics, the amount of liability coverage shall be the greater of the minimum limits
required by State law and the amount required by City’s Risk Manager, and evidence of this
insurance will additionally be reviewed by the Fire Department. The Risk Manager is authorized
to reduce the insurance requirements above if it is deemed to be in the best interests of the City
of Anaheim.
.1402 Indemnity, Defense and Hold Harmless Agreement. The Applicant shall execute
an indemnity, defense, and hold harmless agreement as provided by the City of Anaheim prior to
the issuance of a permit under this Section. In addition, Applicant shall, in its contracts with any
of its Festival-related exhibitors, contractors, suppliers, and Solicitors, ensure that the City
Indemnitees are provided indemnity, defense, and hold harmless protection at least equal to said
protection provided to Applicant.
.1403 Performance Bond. To ensure cleanup and restoration of the Festival Districts,
the Applicant may, at the sole discretion of the City of Anaheim, be required to post a refundable
cash deposit or a performance bond (or other bond form as may be agreed to in writing in the
sole discretion of the City of Anaheim), in an amount to be determined by the Planning Director,
upon submittal of the application. Upon completion of the Festival, satisfactory cleanup and
restoration of the Festival Districts by the Applicant, and inspection of the site by the City, the
bond or cash deposit shall be returned to the Applicant.
.150 Payment of Departmental Service Charges. The Applicant shall pay the City of
Anaheim for all Departmental Service Charges relating to a Festival held or conducted pursuant
to an approved Festival Permit. The City Manager, or designee, may waive Departmental
Service Charges relating to a Festival where it is found and determined that the public interest
would be served by the waiver of all or any part of said charges.
.160 Revocation of Permit.
.1601 Any Festival Permit, issued pursuant to the provisions of this section, may be
revoked by the Planning Director, or designee, for good cause. Good cause shall include, but not
be limited to, the following:
.01 The application contains incomplete, false or misleading information.
.02 The Applicant has failed to comply with any provision of this section
18.35.135.
.03 The Applicant has failed to comply with one or more of the required terms or
conditions of the permit.
.1602 The decision of the Planning Director revoking a permit may be appealed to the
City Manager, pursuant to subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
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.170 Violation.
.1701 A violation of any of the provisions of section 18.38.135 or any of the terms and
conditions of the Festival Permit shall be a misdemeanor punishable as set forth in Section
1.01.370 (Violations of Code – Penalty) of the Anaheim Municipal Code.
.1702 Notwithstanding any other provisions of this Code, which may require
prosecution of any such violation as a misdemeanor, any such violation constituting a
misdemeanor under this section may be charged and prosecuted as an infraction.”
SECTION 2
. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid.
SECTION 3
. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2010, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2010, 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
75273.v4
Festival Districts
The attached exhibits A-1 through A-3 indicate the proposed boundaries of the Festival Districts.
These exhibits, collectively described as Exhibit A, are proposed to be adopted by a resolution of
the Anaheim City Council in conjunction with the adoption of the proposed draft Ordinance to
add a new Section 18.38.135 to Title 18 (Zoning Code) establishing requirements pertaining to a
Festival Permit.
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3056
A r e n a Key to Features
Festival District
Anaheim City Boundary
Map Location
°0 450 900
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City of AnaheimPlanning GISDecember 16, 2009
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3056
C o n v e n t i o nCenter
Key to Features
Festival District
Anaheim City Boundary
Map Location
°0 375 750
Feet
City of AnaheimPlanning GISDecember 16, 2009
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City of Anaheim Planning GIS January 22, 2010EXHIBIT A-3
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
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regarding this item.