PC 2020/07/06City of Anaheim
Planning Commission
Agenda
Monday, July 6, 2020
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
Chairperson: Michelle Lieberman
Chairperson Pro-Tempore: Kimberly Keys
Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady,
Dave Vadodaria, Steve White
Call To Order - 5:00 p.m.
Pledge Of Allegiance
Appointments
Planning Commission Chairperson and Chairperson Pro-Tempore
Public Hearing Items
Commission Updates
Discussion
Adjournment
SPECIAL NOTICE DURING COVID-19 PANDEMIC
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of
COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown
Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative
body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or
otherwise electronically to all members of the public seeking to observe and to address the local legislative
body. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members will
participate in this meeting remotely.
PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns,
members of the public can access the meeting live on-line, with audio and limited video, at
www.anaheim.net/planning. In addition, members of the public can submit comments electronically for Planning
Commission consideration by sending them to planningcommission@anaheim.net or directly to the project
planner as indicated on each item below. To ensure distribution to the Planning Commission prior to
consideration of the agenda, please submit comments prior to 3:00 p.m. the day of the meeting. Those
comments, as well as any comments received after 3:00 p.m., will be distributed to the Planning Commission
members and will be made part of the official public record of the meeting. Contact the Planning and Building
Department at 714-765-5139, the project planner listed below, or planningcommission@anaheim.net with any
questions. A copy of the staff report may be obtained on the City of Anaheim website www.anaheim.net/planning
on Thursday, June 4, 2020, 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 by contacting the Building and Planning Department at 714-765-5139 or
planningcommission@anaheim.net during regular business hours.
07-06-2020
Page 2 of 5
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof. Any person who requires a disability-related modification or accommodation, in order to observe
and/or offer public comment may request such reasonable modification, accommodation, aid, or service by
contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net,
no later than 8:00 a.m. on the day of the scheduled meeting.
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in
this notice, or in a written correspondence delivered to the Planning Commission or City
Council at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Planning Commission Appointments
Appointment of a Planning Commission Chairperson (Motion)
Appointment of a Planning Commission Chairperson Pro-Tempore (Motion)
07-06-2020
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2020-06070
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2020-00153
(DEV2020-00089)
Location: 1256 North Euclid Street, Units A & B
Request: The applicant requests approval of a
Conditional Use Permit to establish a convenience
market in an existing retail unit with sales of alcoholic
beverages for off-premises consumption (Type 21 Off-
Sale ABC License) and a Determination of Public
Convenience or Necessity to permit the sales of
alcoholic beverages for off-premises consumption for the
new convenience market (Mint Liquor).
Environmental Determination: The Planning
Commission will consider whether the proposed action
is Categorically Exempt from the requirements to
prepare additional environmental documentation per
California Environmental Quality Act (CEQA)
Guidelines, Section 15301, Class 1 (Existing Facilities).
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
ITEM NO. 3
ZONING CODE AMENDMENT NO. 2019-00166
(DEV2019-00110)
Location: Citywide
Request: A City-initiated amendment to Title 18
(Zoning) of the Anaheim Municipal Code modifying
Chapters 18.42 (Parking and Loading) to modify
residential parking standards, and 18.92 (Definitions)
to modify the definition of a “Bedroom.”
Environmental Determination: The Planning
Commission will consider whether the proposed action is
exempt from the requirements to prepare additional
environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15061(b)(3).
This item was continued from the May 27, 2020 and June 8,
2020 Planning Commission meetings.
Motion
Project Planner:
Nick Taylor
njtaylor@anaheim.net
07-06-2020
Page 4 of 5
ITEM NO. 4
ZONING CODE AMENDMENT NO. 2020-00170
ADJUSTMENT NO. 11 TO THE ANAHEIM RESORT
SPECIFIC PLAN NO. 92-2 (SPN92-2AA)
ADJUSTMENT NO. 10 TO THE ANAHEIM CANYON
SPECIFIC PLAN NO. 2015-00001 (SPN2015-00001J)
ADJUSTMENT NO. 3 TO THE BEACH BOULEVARD
SPECIFIC PLAN NO. 2017-1 (SPN2017-00001C)
(DEV2020-00002)
Location: Citywide
Request: A City-initiated amendment to Title 18
(Zoning) of the Anaheim Municipal Code modifying
Chapters 18.04 (Single-Family Residential Zones); 18.06
(Multiple-Family Residential Zones); 18.08 (Commercial
Zones); 18.10 (Industrial Zone); 18.14 (Public and
Special-Purpose Zones); 18.16 (Regulatory Permits);
18.20 (Platinum Triangle Mixed Use (PTMU) Overlay
Zone); 18.22 (Brookhurst Commercial Corridor (BCC)
Overlay Zone); 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone); 18.30 (Downtown Mixed Use
(DMU) Overlay Zone; 18.32 (Mixed Used (MU) Overlay
Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use
Regulations); 18.42 (Parking and Loading); 18.92
(Definitions); 18.116 (Anaheim Resort Specific Plan No.
92-2 (SP 92-2) Zoning and Development Standards);
18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP
2015-1) Zoning and Development Standards); and 18.122
(Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1)
Zoning and Development Standards) to provide
standards and regulations for unlicensed community care
facilities (commonly known as group homes) and sober
living homes.
Environmental Determination: The Planning Commission
will consider whether the proposed action is exempt from
the requirements to prepare additional environmental
documentation per California Environmental Quality Act
(CEQA) Guidelines, Section 15060(c)(2) and 15061(b)(3),
in that the activity will not result in a direct or reasonably
foreseeable indirect change in the environment and Section
15301 (Class 1 Existing Facilities).
Motion
Project Planner:
Joanne Hwang
jhwang@anaheim.net
07-06-2020
Page 5 of 5
Adjourn to Monday, July 20, 2020 at 5:00 p.m.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:45 p.m. July 1, 2020
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
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thereof.
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or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning and Building Department either in person
at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
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200 S. Anaheim Blvd.
Suite No.162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 6, 2020
SUBJECT: CONDITIONAL USE PERMIT NO. 2020-06070 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
LOCATION: 1256 North Euclid Street, Unit s A & B (Mint Liquor)
APPLICANT/PROPERTY OWNER: The applicant is Harjodh Singh and the
property owner is CW Anaheim LLC, represented by Dan Kassel.
REQUEST: The applicant requests approval of a Conditional Use Permit (CUP) to
establish a convenience market in an existing retail unit with sales of alcoholic
beverages for off-premises consumption (Type 21 Off-Sale General ABC License)
and a Determination of Public Convenience or Necessity to permit the sales of
alcoholic beverages for off-premises consumption for the new convenience market .
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1,
Existing Facilities) and approving Conditional Use Permit No. 2020-06070 and an
associated Determination of Public Convenience or Necessity No. 2020-00153.
BACKGROUND: This 2.75-acre property is occupied with a commercial strip
center, a drive through restaurant pad (Del Taco) and a future express carwash facility
(Googie Carwash) that was recently approved by the Planning Commission. The
property is located in the “C-G” General Commercial zone. The General Plan
designates this property for Corridor Residential land uses. The property is surrounded
by apartments to the east separated by a public alley, single family residences to the
north, a gas station to the southwest at the corner of Euclid Street and Romneya Drive,
a commercial retail center and car dealership to the west across Euclid Street, and an
office building to the south across Romneya Drive.
CONDITIONAL USE PERMIT NO. 2020-060 70 AND DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
July 6, 2020
Page 2 of 4
PROPOSAL: The applicant proposes to relocate the
existing Mint Liquor convenience market currently
located at 1581 West Romneya Drive into an existing
1,777 square foot unit located in the adjacent commercial
building at 1256 North Euclid Street. The change in
address requires a new CUP and the Type 21 Off-Sale
ABC license to be approved for the new location. The
business will continue to sell food and necessities
including general hygiene products and medicine, with
alcohol accounting for approximately 60% of sales. The
market will continue to operate from 7:00 a.m. to 12:00
a.m., seven days a week with up to two employees.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning
Commission may approve a conditional use permit, it
must make a finding of fact that the evidence presented
shows that all of the following conditions exist:
1) That the proposed use is properly one for which
a conditional use permit is authorized by the
Zoning Code;
2) That the proposed use will not adversely affect
the adjoining land uses, or the growth and
development of the area in which it is proposed
to be located;
3) That the size and shape of the site proposed for
the use is adequate to allow the full development
of the proposed use, in a manner not detrimental
to either the particular area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
5) That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
CONDITIONAL USE PERMIT NO. 2020-06070 AND DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
July 6, 2020
Page 3 of 4
Convenience stores with off-premise sales of alcoholic beverages require approval of a CUP in the
C-G zone in order to determine compatibility with surrounding land uses. Staff believes that the
proposed sale of alcoholic beverages for off-site consumption would not adversely affect the
surrounding land uses or the growth and development of the area as the business will remain in a
commercial district by relocating from another location approximately 300 feet away on the same
property in order to accommodate a new development project. Additionally, Planning and
Building staff in conjunction with the Anaheim Police Department have recommended conditions
of approval contained in the attached resolution which will minimize any potential impacts
resulting from the use. These conditions include limited alcohol display areas, prohibition of
outdoor consumption, prohibition of any exterior advertising of alcoholic beverages, and a
requirement that all employees complete ABC LEAD (Licensee Education on Alcohol and Drugs)
training.
No increase in the parking requirement would occur since the convenience market would be
relocating into units previously occupied with retail uses (insurance company and cigar shop).
There is no expansion in commercial floor area proposed nor will there be any modifications to
the building’s exter ior. Based on these factors, staff believes that the relocated business would
remain compatible with the surrounding area and recommends approval of the conditional use
permit.
Determination of Public Convenience or Necessity (PCN): State law limits the issuance of
alcoholic beverage licenses when a license is requested for a property located in a police reporting
district with a crime rate above the City average, or when there is an over-concentration in the
number of ABC licenses within a census tract. In this case, the subject property is in an area that
exceeds the City’s average crime rate. However, the law also states that such restrictions can be
waived if the local jurisdiction makes a determination that the proposed outlet would serve a
"public convenience or necessity." Since there is a crime rate that is above the citywide average
in the census tract, a “determination of public convenience or necessity" is required.
This property is located within Census Tract No. 866.01, which has a population of 9,584. This
population allows for 10 on-sale ABC licenses and there is presently one license in the tract. It
also allows for five off-sale licenses and there are presently three licenses in the tract. One of the
three off-sale licenses belongs to the subject Mint Liquor business and this license would remain
in the same tract, so the number of off-sale licenses would not be increased. Attachment 4 to this
report includes the ABC License and Reporting District Map that shows the locations of these
licenses.
The property is within Police Reporting District No. 1422, which has a crime rate that is 87 percent
above the citywide average. According to the Police Department, the crime rate in this reporting
area is above average due to the higher concentration of commercial uses along Euclid Street.
The Police Department evaluates these requests based on the crime rate within a one-quarter (1/4)
mile radius of the subject site. Over the last year, the crime rate within a one-quarter mile radius
of this property was 62 percent above the citywide average based upon calls for service. The calls
consisted of 39 petty thefts, 15 vehicle thefts, 12 drug violations, and 12 simple assaults. The
Police Department indicated that the business owner was responsible and that there were no calls
for service at this location in the last year.
CONDITIONAL USE PERMIT NO. 2020-06070 AND DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
July 6, 2020
Page 4 of 4
The existing convenience market is a long-standing neighborhood business that provides a
convenient shopping location for area residents. Staff believes the relocation of the business and
associated ABC license would remain compatible with the surrounding commercial and residential
uses. Staff further believes that the license would continue to serve a convenience or necessity to
the customers in the area and recommends approval of this request.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects
of the proposed project are typical of those generated within the Class 1, Existing Facilities,
Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use beyond
that existing at the time of this determination. The proposed project is a request to establish a
convenience market in an existing retail unit with sales of alcoholic beverages for off-premises
consumption. As such, the proposed project meets the criteria for a Class 1 categorical exemption.
Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there
are no unusual circumstances in respect to the proposed project for which staff would anticipate a
significant effect on the environment and, therefore, the proposed project is categorically exempt
from the provisions of CEQA.
CONCLUSION: The relocation of the convenience market and proposed sale of alcoholic
beverages for off-premise consumption will remain a compatible use with the surrounding area.
The recommended conditions of approval would ensure that the sale of alcoholic beverages would
not have an adverse impact on the surrounding land uses. Staff recommends approval of this
request .
Prepared by, Submitted by,
Wayne Carvalho Scott Koehm
Contract Planner Senior Planner
Attachments:
1. Draft CUP and PCN Resolution
2. Police Department Memorandum
3. Applicant’s Letter of Request and Justification
4. ABC Licenses and Reporting District Map
5. Photographs
6. Site Plan and Floor Plan
C-G
DEV 2020 -00089
RETAIL
C-G
AUTO DEALERSHIP
C-G
RETAIL
C-G
MEDICAL
OFFICE
RM-4
STONE CREEK
APARTMENTS
120 DU
C-G
MEDICAL OFFICE
RM-2
BRAMBLE VILLAGE CONDOS
30 DU
C-G
MEDICAL OFFICE
C-G
MEDICAL
OFFICE
C-G
MEDICAL
OFFICE
C-G
MEDICAL OFFICE
C-G
AUTO
DEALERSHIPC-GAUTO DEALERSHIPC-G
SERVICE
STATION
RM-3
SANDPOINTE
COVE
APTS
24 DU
RM-3
DRESDEN
PALMS
APTS
24 DU
RM-3
DRESDEN
COURT
APTS
24 DU
RM-3
DRESDEN
PLACE
APTS
24 DU
RM-3
APTS
6 DU
RS-2
SINGLE FAMILY
RESIDENCE
RM-3
TRIPLEX
RM-3
TRIPLEX
RM-3
TRIPLEX
RM-3
TRIPLEX
RS-2
SINGLE
FAMILY
RESIDENCERS-2SINGLE FAMILY RESIDENCER S -2
S I N G L E F A M I L Y R E S I D E N C E
RS-2
SINGLE FAMILY
RESIDENCE
N EUCLID STW RO M N EYA D R W RO MNEYA DRN DRESDEN PLW C H E V Y C H A SE D R
N MINTEER STW M ED ICAL CEN TER D R
W A R L I N G T O N A V E
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W. LA PALMA AVE
N. BROOKHURST STW.CRESCENT AVE
1 2 5 6 N o r t h Eu cli d S t r e e t
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Subject Property
APN: 073-384-61
073-384-60
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Aeria l Ph ot o:
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N EUCLID STW RO M N EYA D R W RO MNEYA DRN DRESDEN PLW C H E V Y C H A SE D R
N MINTEER STW M ED ICAL CEN TER D R
W A R L I N G T O N A V E
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N. BROOKHURST STW.CRESCENT AVE
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Subject Property
APN: 073-384-61
073-384-60
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Aeria l Ph ot o:
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2020 -***
RESOLUTION NO. PC2020-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2020-06070 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2020-00089)
(1256 NORTH EUCLID STREET, UNITS A & B)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2020-
06070 to establish a convenience market with sales of alcoholic beverages for off-premises consumption
(Type 21 Off-Sale ABC License) and (ii) an associated Determination of Public Convenience or
Necessity No. 2020-00153 to permit sales of alcoholic beverages for off-premises consumption at that
certain real property lo cated at 1256 North Euclid Street, Units A & B in the City of Anaheim, County
of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Propert y"); and
WHEREAS, the Property is on a 2.75-acre commercial lot, which is located within the
Corridor Residential land use designation of the Anaheim General Plan. The Property is located in the
“C-G" General Commercial zone and is subject to the zoning and development standards contained in
Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, o n March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-25-20
issued on March 12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all
members of the public seeking to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing in the City of Anaheim on July 6, 2 020 at 5:00 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use
Permit No. 2020-06070 and Public Convenience or Necessity No. 2020-00153 (collectively, the
“Proposed Project”), and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
- 2 - PC2020 -***
WHEREAS, the Planning Commission finds and determines that the effects of the Proposed
Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities)
which consist of the repair, maintenance, and/or minor alterat ion of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of
Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, this 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 Conditional Use Permit No. 2020-06070, does find and determine the
following:
1. The proposed request to establish a convenience market with sales of alcoholic beverages for
off-premises consumption (Type 21 Off-Sale ABC License) within an existing commercial building is
an allowable use within the “C-G" General Commercial zone under subsection .010 of Sectio n 18.08.030
(Uses) of the Code, subject to a conditional use permit and the zoning and development standards of the
“C-G" General Commercial Zone.
2. The Proposed Project would not adversely affect the surrounding land uses and the growth
and development of the area in which it is proposed to be located because the use of the property as a
retail commercial center with sales of alcoholic beverages for off-premises consumption is compatible
with the existing uses within the commercial site and uses in the surrounding area. The proposed
convenience market is located within the same commercial center and will be relocating to an inline unit
within an existing commercial strip center.
3. The size and shape of the site is adequate to allow the full development of the Proposed
Project in a manner not detrimental to the particular area nor to the health, safety and general welfare of
the public because the Property is currently improved with a commercial building and no expansion to
the building is proposed.
4. The traffic generated by permitting the sale of alcohol for off-premises consumption within
an existing commercial building would not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area because the use is consistent with uses permitted
in the zone. The number of vehicles entering and exiting the Property would not increase in conjunction
with this request, as the proposed convenience market will be relocated from within the same commercial
center.
5. The granting of Conditional Use Permit No. 2020-06070 under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing
with respect to the request for a Determination of Public Convenience or Necessity No. 2020-00153,
does find and determine the following facts:
- 3 - PC2020 -***
1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures
and delegating certain responsibilities to the Planning Commission relating to the determination of
"Public Convenience or Necessity" on those certain applications requiring that such determination be
made by the local governing body pursuant to applicable provisions of the Business and Professions
Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC").
2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an
application for a license if issuance of that license would tend to create a law enforcement problem, or
if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has
demonstrated that "public convenience or necessity" would be served by the issuance of a license. For
purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in
an area where any of the following conditions exist:
(a) The Property is located in a crime reporting district that has a 20 percent greater
number of reported crimes than the average number o f “reported crimes” (as
defined in Section 23958.4), as determined from all crime reporting districts
within the City of Anaheim.
(b) As to on-sale retail license applications, the ratio of on-sale retail licenses to
population in the census tract or census division in which the Property is
located exceeds the ratio of on-sale retail licenses to population in the county
in which the applicant premises are located.
(c) As to off-sale retail license applications, the ratio of off-sale retail licenses to
population in the census tract or census division in which the Property is
located exceeds the ratio of off-sale retail licenses to population in the county.
3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license
if the Planning Commission determines that the "public convenience or necessity" would be served by
the issuance.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make
recommendations related to "public convenience or necessity" determinations; and, when the sale of
alcoholic beverages for on-premises consumption is permitted by the Code, said recommendations shall
take the form of conditions of approval to be imposed on the determination in order to ensure that the
sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the
growth and development of the surrounding area.
5. The Property is located Census Tract Number 866.01 which has a population of 9,584 people.
This population allows for 10 on-sale Alcoholic Beverage Control licenses and there is presently one (1)
license in the tract. It also allows for five (5) off-sale licenses and there are presently three (3) licenses
in the tract. This location is within Reporting District 1422 which is 87% above the city average in
crime. The ¼-mile radius surrounding this location is 62% above the city average in crime. Since the
crime rate is above the citywide average, a determination of "public convenience or necessity" is
required.
- 4 - PC2020 -***
6. The request to permit alcoholic beverage sales for off-premises consumption would not
adversely affect the surround ing land uses and the growth and development of the area in which it is
proposed to be located because the proposed development of the premises is compatible with the existing
uses in the surrounding area; and
7. The determination of "Public Convenience or Necessity" can be made based on the finding
that the license requested is consistent with the Planning Commission guidelines for such determinations
and further that the granting of the determination of Public Convenience or Necessity, under the
conditions imposed, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
WHEREAS, this Planning Commission determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the facts
stated in this Resolution are supported by substantial evidence in the record, including testimony
received at the public hearing, the staff presentations, the staff report and all materials in the project files.
There is no substantial evidence, nor are there other facts, that detract from the findings made in this
Resolution. This Planning Commission expressly declares that it considered all evidence presented and
reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning
Commission does hereby approve Conditional Use Permit No. 2020-06070 and Public Convenience or
Necessity No. 2020-00153 contingent upon and subject to the conditions of approval set forth in Exhibit
B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No.
2020-06070 and Public Convenience or Necessity No. 2020-00153 is applicable in order to preserve the
health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each
and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Code and any other applicable City, State
and Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
- 5 - PC2020 -***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 6, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures)
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission
of the City of Anaheim held on July 6 , 2020, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of July, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2020 -***
- 7 - PC2020 -***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2020-06070
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00153
(DEV2020-00089)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 The business operator shall be responsible for maintaining free of litter
the area adjacent to the premises over which they have control, as
depicted.
Police Department
2 The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
Police Department
3 No display of alcoholic beverages shall be located outside of a building
or within five (5) feet of any public entrance to the building.
Police Department
4 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
Police Department
5 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.
Planning and Building
Department,
Code Enforcement
6 The business operator shall police the area under their control in an effort to
prevent the loitering of persons around the premises.
Police Department
7 There shall be no pay to play amusement machines or video game devices
maintained upon the premises at any time.
Police Department
8 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
Police Department
9 Managers / Owners need to call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program), RBS, or similar certificate training for themselves and register
employees. The contact number for ABC is 657-205-3533.
Police Department
- 8 - PC2020 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
10 The business operator shall post and maintain a professional quality sign
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
Police Department
GENERAL
11 The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnitees”) from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
Planning and Building
Department,
Pla nning Services
12 The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in
the issuance of required permits or may result in the revocation of the
approval of this application.
Planning and Building
Department,
Planning Services
13 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.
Planning and Building
Department,
Planning Services
14 All new landscaping shall be installed in conformance with Chapter 18.46
“Landscape and Screening” of the Anaheim Municipal Code and shall be
maintained in perpetuity. Landscaping shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
Planning and Building
Department,
Planning Services
- 9 - PC2020 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
15 The convenience store shall operate in accordance with the Letter of
Operation submitted as part of the application. Any changes to the
operation described in the Letter of Operation shall be subject to review
and approval by the Planning and Building Director to determine
substantial conformance with said letter and to ensure compatibility with
the surrounding uses.
Planning and Building
Department,
Planning Services
ATTACHMENT NO. 2
ATTACHMENT NO. 3
LA PALMA AVE HARBOR BLVDEUCLID STROMNEYA DR
5986
Quarter Mile Buffer
City Boundary
Subject Site
Census Tract 866.01
Police Reporting District
Key to Features
City of Anaheim
GIS Central
June 17, 2020
°0 340 680
Feet
Off-Sale3 Total
On-Sale1 Total
1:8,500
ATTACHMENT NO. 4
ATTACHMENT NO. 5
DRAWING No.A1PRJ.No.:200227DATE:123REVISIONS:DESIGN CORP.PH: (323) 321-9074 FAX: (888) 600-6930DESIGNED BY: A DESIGN-BUILD CORPORATIONP.O. BOX 576 DOWNEY, CA.90241E-MAIL:naz@ambcd.comAMBIENTE CONSTRUCTION & STATE LICENSE #953178SITE ADDRESS:DRAWINGNAME:SITE PLAN 1256 N EUCLID ST ANAHEIM, CA. 92801(818) 304-1818BUSINESS OWNER'S NAMEHARJODH SINGHSCOPE OF WORK: LIQUOR STORE TENANT IMPROVEMENTSITE ADDRESS:(N) PROPOSED MINT LIQUOR RELOCATIONSPACE AT 1777 SQ.FT.(E) MONUMENT SIGN(E) ACCESSIBLE PARKING SPACE WITH SIGNAGE(E) MINT LIQUOR CURRENT LOCATION(E) TRASH ENCLOSURE(E) ROOF ACCESS(E) ACCESSIBLE PATH OF TRAVEL 2% MAX SLOPEEACH WAY WITH (E) TRUNCATED DOMESPROJECT DATA:N
OCCUPANCY MERCANTILE GROUP "M"MERCHANDISE (FOR CUSTOMERS)1234 SF/ 30 = 42 PEOPLESTORAGE/ BACK ROOM (FOR EMPLOYEES) 209 SF/300= 1 PERSONRESTROOM N/A = 0 PEOPLETOTAL = 43 PEOPLE(E) MAIN ELECTRICAL SERVICE METERATTACHMENT NO. 6
DRAWING No.A2PRJ.No.:200227DATE:123REVISIONS:DESIGN CORP.PH: (323) 321-9074 FAX: (888) 600-6930DESIGNED BY: A DESIGN-BUILD CORPORATIONP.O. BOX 576 DOWNEY, CA.90241E-MAIL:naz@ambcd.comAMBIENTE CONSTRUCTION & STATE LICENSE #953178SITE ADDRESS:DRAWINGNAME:EXISTING PLAN & T.I. NEW FLOOR PLAN 1256 N EUCLID ST ANAHEIM, CA. 92801(818) 304-1818BUSINESS OWNER'S NAMEHARJODH SINGHSCOPE OF WORK: LIQUOR STORE TENANT IMPROVEMENTSITE ADDRESS:
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.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 6, 2020
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00166
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim
Municipal Code (“Code”) modifying Chapters 18.42 (Parking and Loading) to modify
residential parking standards and 18.92 (Definitions) to modify the definition of a
“Bedroom.”
RECOMMENDATION: Staff recommends that the Planning Commission consider
tandem parking options as described by staff below and provide direction for staff to
bring a draft ordinance back to the July 20, 2020 meeting.
BACKGROUND: This item was continued from the May 27, 2020 Planning
Commission meeting to allow staff to respond to issues raised in a letter received prior
to the meeting, which staff addressed at the June 8, 2020 meeting. Subsequently, this
item was continued from the June 8, 2020 Planning Commission meeting to allow staff
to further research tandem parking. In late 2017, the Planning Commission
recommended approval of a comprehensive Zoning Code Amendment that included
changes to the parking requirements for multiple-family residential development in
the Platinum Triangle, as well as single-family residential development throughout the
city, which the City Council subsequently adopted. At that meeting, the Commission
discussed at length the proposed changes to the parking standards and requested that
staff conduct a workshop to analyze the parking challenges in residential
neighborhoods and whether or not there is an opportunity to further amend the City’s
residential parking standards.
The Planning Commission’s request also stemmed from concerns raised by residents,
business owners and others in the community at City Council and Planning
Commission meetings regarding overflow parking into single-family neighborhoods
from surrounding developments. Subsequently, staff presented two residential parking
workshops to the Commission in 2018 and 2019.
ZONING CODE AMENDMENT NO. 2019-00166
July 6 , 2020
Page 2 of 5
PROPOSAL AND ANALYSIS: In response to the Planning Commission’s direction to address
parking impacts and find solutions as discussed above, staff is recommending modifying Chapter
18.42 (Parking and Loading) of the Code to reduce parking impacts experienced with new
residential developments, while balancing the needs of the development community to maintain
viable residential development options.
Tandem Parking: At the previous workshops mentioned above, the Planning Commission raised
concerns regarding the current allowance for tandem parking for multiple-family residential
projects. Currently, a project can be built with up to 100 percent of the spaces in tandem
configuration; however, driveway spaces in front of garages cannot be counted unless those spaces
are enclosed. Staff found that the majority of the 10 cities surveyed do not allow tandem spaces.
Staff conducted outreach with several local residential developers; many expressed a need to
include some spaces in tandem configuration, given the efficiencies provided with tandem spaces.
According to the developers, the use of tandem spaces helps keep development costs lower by
allowing more efficient site planning, especially when there are site planning constraints. In an
effort to balance these concerns, staff recommended a limit be imposed for tandem spaces, such
that no more than 20% of the total number of required spaces could be in tandem configuration.
This limit, however, would not apply to residential developments in the Platinum Triangle, which
is subject to a mixed-use overlay zone and intended to have a more urban character.
In response to the Planning Commission’s request for additional information, staff reviewed
tandem parking requirements from other cities, reached out to developers, and visited existing sites
with tandem parking. Throughout this process, staff has been reviewing requirements from 10
cities, including Brea, Fullerton, Santa Ana, Buena Park, Irvine, Huntington Beach, Yorba Linda,
Garden Grove, Orange, and Stanton. Of these cities, three allow tandem parking in multiple-family
developments. Orange and Irvine allow up to 100 percent of spaces assigned to the same unit to
be in tandem configuration, which is the current provision in Anaheim. Fullerton limits tandem
spaces to 50 percent.
Staff’s outreach to developers, which included both for-sale and for -rent developers, resulted in a
common response with all developers recognizing the value of allowing at least some tandem
parking, even if they did not include tandem parking in their projects. The Olson Company, which
has built multiple for-sale co ndominium projects in Anaheim, believes that a minimum of 50
percent tandem spaces would be preferred. Additionally, Anton Development Company, currently
constructing the 314-unit apartment building on South Street , stated that 20 percent would be
acceptable for typical projects that they build. Site visits showed that tandem parking is being used
efficiently and spaces are not being used for storage or other purposes (where staff was able to
gain access). Although staff was unable to view enclosed garage spaces in townhome units, it is
staff’s intent to have some developers present at the meeting to share their perspective and answer
questions from the commission.
Staff recommends that the Planning Commission consider options related to tandem parking and
provide direction to staff to bring a draft ordinance back to the July 20, 2020 meeting. These
options include the following:
• Identify an appropriate limit to the percentage of tandem parking
• Consider different standards for single-family attached units with tandem garages versus
podium or structured parking for multiple-family units
ZONING CODE AMENDMENT NO. 2019-00166
July 6 , 2020
Page 3 of 5
• Consider allowing tandem spaces for multiple-family projects subject to a Minor
Conditional Use Permit ; separate criteria may be needed for small or irregularly shaped
lots where parking without tandem spaces would require additional circulation so as to
make the project infeasible
• Remov e the requirement that tandem spaces be enclosed or covered for multiple-family
projects since these spaces currently cannot be counted as required spaces
• Consider different standards for small and large projects; for example, allow a higher
percentage of tandem spaces for projects that are less than 0.5 acres, where the small site
may present site planning challenges and be in need of greater design flexibility
Single-Family Residential: As discussed above, several new projects have experienced parking
deficiencies, and have caused spillover parking impacts to surrounding neighborhoods. Based on
staff’s research, neighborhoods with larger lots (i.e. lots more than 5,000 square feet) were found
to not create parking impacts because these neighborhoods offer more street parking by virtue of
wider lots with greater distance between neighboring driveways. However, staff has observed
parking deficiencies in small-lot single-family neighborhoods, which generally have much fewer
on-street parking spaces (sometimes no spaces). Most of the small lot subdivision parking impacts
were found to be caused by large homes (i.e. five or more bedrooms). The current Code requires
four parking spaces for homes with five or more bedrooms. However, the Planning Commission
recommended that additional parking be required for units with four or more bedrooms. Therefore,
staff is recommending increasing the parking requirement , either on private streets or on other off-
street parking areas such as garages and driveways, for the small lot single family residential
developments in the RS-4 Zone as shown in the table below:
Total Number of
Bedrooms
Minimum Number of Additional Parking Spaces
3 or fewer bedrooms No additional spaces required
4 bedrooms 0.5 additional space per unit
5 or more bedrooms 1 additional space per unit, plus 1 additional space per bedroom over 5
bedrooms
ZONING CODE AMENDMENT NO. 2019-00166
July 6 , 2020
Page 4 of 5
Bedroom Definition: Staff also recommends modifying Chapter 18.92 (Definitions) to modify the
definition of a “Bedroom.” Many residential developers have proposed floor plans that conformed
to the current Code requirement relating to the definition of a “bedroom”, but staff found that some
of these developments were subsequently altered to increase the number of bedrooms at a later
date. For example, some rooms were originally labeled as a “flex room” or “den” because less than
50 percent of the total length of one wall opened to an adjacent room or hallway, but this allowed
for future owners to easily convert these flex rooms to bedrooms by closing that wall and adding
a door without providing additional parking that is required by Code. For example, a studio unit
requires 1.25 parking spaces rather than 2 spaces for a one-bedroom unit , yet the floor plan is
clearly intended to be used as a bedroom (see Figure to right). In order to better account for these
situations, staff recommends that the definition of a bedroom be modified to include any room that
does not have one wall entirely open to an adjacent area (rather than 50%), provided that that room
is not a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet,
pantry, or utility room.
The City Council is the approval authority for a text amendment to the Zoning Code. The Code
requires the Planning Commission to review the proposed amendment as a public hearing item on
the Planning Commission Agenda, and by motion, recommend approval or denial for any text
amendments.
Correspondence: On May 26, 2020, the City received a letter from “Californians for
Homeownership” raising concerns related to the Housing Crisis Act, or Senate Bill (SB) 330 (see
Attachment 3). This organization alleges that the proposed Parking Code Amendment does not
comply with SB 330 for the following reasons:
a) The amount of space for parking would reduce the amount of buildable area that could be
dedicated to housing
b) The amendment would increase the per unit cost for developing typical multi-family
housing in the City
To address these concerns, staff contacted the California
Department of Housing and Community Development
(HCD). HCD staff reviewed the proposed Zoning Code
Amendment and determined that the amendments were not
in conflict with Government Code Section 66300(b). The
Government Code section has been included in its entirety
as Attachment 2 for reference. Specifically, HCD believes
that the proposed amendments would not be in conflict with
the following criteria for SB 330:
a) change the General Plan or zoning to reduce density
b) impose a moratorium on housing
c) impose design standards that are not objective, or
d) limit number of housing units that can be approved
ZONING CODE AMENDMENT NO. 2019-00166
July 6 , 2020
Page 5 of 5
Staff believes the proposed amendments would not be in conflict with State Law because the
parking space increase is based on an objective standard that would only apply to single family
developments in the RS-4 zone for units with four or more bedrooms; whereas multi-family
developments would not affected as referenced in the letter mentioned above. Staff also believes
that the modification to the definition of a “bedroom” and a limitat ion on the amount of tandem
spaces would not limit the number of housing units that can be approved. Lastly, the proposed
Code amendment would not impose a moratorium on housing nor change the General Plan or
zoning to reduce density for residential developments citywide.
Environmental Analysis: Staff recommends the Planning Commission recommend that the City
Council find that the effects of the proposed project are Categorically Exempt from the
requirements to prepare additional environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense
exemption” that states that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. If the Lead Agency can determine with that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. Specifically, the proposed modifications to parking standards
and definitions would not have a significant effect on the environment. Future projects subject to
the standards would be required to comply with the CEQA Guidelines. Accordingly, t he proposed
Code amendment meets these criteria.
CONCLUSION: Staff recommends that the Planning Commission consider the tandem parking
options and provide direction to staff to bring a draft ordinance back to the July 20, 2020 meeting,
which would include all other recommended changes.
Prepared by, Submitted by,
Nick Taylor, AICP David See
Associate Planner Principal Planner
Attachments:
1. Government Code Section 66300
2. Letter from Californians for Homeownership
GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66301]
( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. )
66300.
(a)As used in this section:(1)(A) Except as otherwise provided in subparagraph (B), “affected city” means acity, including a charter city, that the Department of Housing and CommunityDevelopment determines, pursuant to subdivision (e), is in an urbanized area orurban cluster, as designated by the United States Census Bureau.(B)Notwithstanding subparagraph (A), “affected city” does not include any city thathas a population of 5,000 or less and is not located within an urbanized area, asdesignated by the United States Census Bureau.(2)“Affected county” means a census designated place, based on the 2013-2017American Community Survey 5-year Estimates, that is wholly located within theboundaries of an urbanized area, as designated by the United States CensusBureau.(3)Notwithstanding any other law, “affected county” and “affected city” includesthe electorate of an affected county or city exercising its local initiative orreferendum power, whether that power is derived from the California Constitution,statute, or the charter or ordinances of the affected county or city.(4)“Department” means the Department of Housing and Community Development.(5)“Development policy, standard, or condition” means any of the following:(A)A provision of, or amendment to, a general plan.(B)A provision of, or amendment to, a specific plan.(C)A provision of, or amendment to, a zoning ordinance.(D)A subdivision standard or criterion.(6)“Housing development project” has the same meaning as defined in paragraph(2)of subdivision (h) of Section 65589.5.(7)“Objective design standard” means a design standard that involve no personalor subjective judgment by a public official and is uniformly verifiable by reference toan external and uniform benchmark or criterion available and knowable by both thedevelopment applicant or proponent and the public official before submittal of anapplication.(b)(1) Notwithstanding any other law except as provided in subdivision (i), withrespect to land where housing is an allowable use, an affected county or an affectedcity shall not enact a development policy, standard, or condition that would haveany of the following effects:(A)Changing the general plan land use designation, specific plan land usedesignation, or zoning of a parcel or parcels of property to a less intensive use orreducing the intensity of land use within an existing general plan land usedesignation, specific plan land use designation, or zoning district below what was
ATTACHMENT NO. 1
allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of subparagraph (B). For purposes of this subparagraph, “less intensive use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, or new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or anything that would lessen the intensity of housing. (B) (i) Imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing. (ii) The affected county or affected city, as applicable, shall not enforce a zoning ordinance imposing a moratorium or other similar restriction on or limitation of housing development until it has submitted the ordinance to, and received approval from, the department. The department shall approve a zoning ordinance submitted to it pursuant to this subparagraph only if it determines that the zoning ordinance satisfies the requirements of this subparagraph. If the department denies approval of a zoning ordinance imposing a moratorium or similar restriction or limitation on housing development as inconsistent with this subparagraph, that ordinance shall be deemed void. (C) Imposing or enforcing design standards established on or after January 1, 2020, that are not objective design standards. (D) Except as provided in subparagraph (E), establishing or implementing any provision that: (i) Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city, as applicable. (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period. (iii) Limits the population of the affected county or affected city, as applicable. (E) Notwithstanding subparagraph (D), an affected county or affected city may enforce a limit on the number of approvals or permits or a cap on the number of housing units that can be approved or constructed if the provision of law imposing the limit was approved by voters prior to January 1, 2005, and the affected county or affected city is located in a predominantly agricultural county. For the purposes of this subparagraph, “predominantly agricultural county” means a county that meets both of the following, as determined by the most recent California Farmland Conversion Report produced by the Department of Conservation: (i) Has more than 550,000 acres of agricultural land. (ii) At least one-half of the county area is agricultural land. (2) Any development policy, standard, or condition enacted on or after the effective date of this section that does not comply with this section shall be deemed void. (c) Notwithstanding subdivisions (b) and (f), an affected county or affected city may enact a development policy, standard, or condition to prohibit the commercial use of land that is designated for residential use, including, but not limited to,
short-term occupancy of a residence, consistent with the authority conferred on the county or city by other law. (d) Notwithstanding any other provision of this section, both of the following shall apply: (1) An affected city or an affected county shall not approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished. (2) An affected city or an affected county shall not approve a housing development project that will require the demolition of occupied or vacant protected units, unless all of the following apply: (A) (i) The project will replace all existing or demolished protected units. (ii) Any protected units replaced pursuant to this subparagraph shall be considered in determining whether the housing development project satisfies the requirements of Section 65915 or a locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. (iii) Notwithstanding clause (i), in the case of a protected unit that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power, and that is or was occupied by persons or families above lower income, the affected city or affected county may do either of the following: (I) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. (II) Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit is replaced. Unless otherwise required by the affected city or affected county’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (B) The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years. (C) Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (D) The developer agrees to provide both of the following to the occupants of any protected units: (i) Relocation benefits to the occupants of those affordable residential rental units, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (ii) A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in 50052.5. (E) For purposes of this paragraph:
(i) “Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (ii) “Protected units” means any of the following: (I) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. (II) Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years. (III) Residential dwelling units that are or were occupied by lower or very low income households within the past five years. (IV) Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years. (iii) “Replace” shall have the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915. (3) This subdivision shall not supersede any objective provision of a locally adopted ordinance that places restrictions on the demolition of residential dwelling units or the subdivision of residential rental units that are more protective of lower income households, requires the provision of a greater number of units affordable to lower income households, or that requires greater relocation assistance to displaced households. (4) This subdivision shall only apply to a housing development project that submits a complete application pursuant to Section 65943 on or after January 1, 2020. (e) The Department of Housing and Community Development shall determine those cities and counties in this state that are affected cities and affected counties, in accordance with subdivision (a) by June 30, 2020. The department may update the list of affected cities and affected counties once on or after January 1, 2021, to account for changes in urbanized areas or urban clusters due to new data obtained from the 2020 census. The department’s determination shall remain valid until January 1, 2025. (f) (1) Except as provided in paragraphs (3) and (4) and subdivisions (h) and (i), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state to the extent that this section more fully advances the intent specified in paragraph (2). (2) It is the intent of the Legislature that this section be broadly construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly. (3) This section shall not be construed as prohibiting the adoption or amendment of a development policy, standard, or condition in a manner that: (A) Allows greater density. (B) Facilitates the development of housing. (C) Reduces the costs to a housing development project. (D) Imposes or implements mitigation measures as necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(4) This section shall not apply to a housing development project located within a very high fire hazard severity zone. For purposes of this paragraph, “very high fire hazard severity zone” has the same meaning as provided in Section 51177. (g) This section shall not be construed to void a height limit, urban growth boundary, or urban limit established by the electorate of an affected county or an affected city, provided that the height limit, urban growth boundary, or urban limit complies with subparagraph (A) of paragraph (1) of subdivision (b). (h) (1) Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code. (2) Nothing in this section supersedes, limits, or otherwise modifies the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). For a housing development project proposed within the coastal zone, nothing in this section shall be construed to prohibit an affected county or an affected city from enacting a development policy, standard, or condition necessary to implement or amend a certified local coastal program consistent with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (i) (1) This section does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. (2) This section does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use on a site that is a mobilehome park, as defined in Section 18214 of the Health and Safety Code, as of the effective date of this section, and the no net loss requirement in paragraph (1) shall not apply. (j) Notwithstanding subdivisions (b) and (f), this section does not prohibit an affected city or an affected county from enacting a development policy, standard, or condition that is intended to preserve or facilitate the production of housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or housing types that traditionally serve lower income households, including mobilehome parks, single-room occupancy units, or units subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(Added by Stats. 2019, Ch. 654, Sec. 13. (SB 330) Effective January 1, 2020. Repealed as of January 1, 2025,
pursuant to Section 66301.)
66301.
This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2019, Ch. 654, Sec. 13. (SB 330) Effective January 1, 2020. Repealed as of January 1, 2025, by its
own provisions. Note: Repeal affects Chapter 12, commencing with Section 66300.)
MATTHEW GELFAND, COUNSEL
MATT@CAFORHOMES.ORG
TEL: (213) 739-8206
May 26, 2020
VIA EMAIL
Planning Commission
City of Anaheim
200 S. Anaheim Blvd.
1st Floor, Suite 162
Anaheim, CA 92805
Email: jarmst2534@aol.com; kimberly.keys614@gmail.com; mlieberman92805@gmail.com;
natalieameeks@gmail.com; rmulleady@aol.com; dhiruhv@gmail.com;
awhitste@pacbell.net; planningcommission@anaheim.net
RE: May 27, 2020 Planning Commission Meeting, Agenda Item 4.
To the Planning Commission:
Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools to address California’s housing crisis. I am writing as part of our work monitoring local
compliance with Government Code Section 66300, the Housing Crisis Act of 2019, which was
established by SB 330, Stats. 2019 c. 659 § 13.
At your May 27 meeting, you will discuss an ordinance that increases parking requirements
for new residential units in the City. The ordinance violates the Housing Crisis Act because it
lessens the intensity of residential use allowed in the City’s residential zones. We urge you to
reject this unlawful proposal.
Under the Housing Crisis Act, an “affected city” is prohibited from “enact[ing] a
development policy, standard, or condition that would have any of the following
effects: . . . [R]educing the intensity of land use within an existing general plan land use
designation, specific plan land use designation, or zoning district below what was allowed under
the land use designation and zoning ordinances of the affected county or affected city, as
applicable, as in effect on January 1, 2018 . . . .” Gov. Code § 66300(b)(1)(A). “For purposes of
this subparagraph, ‘less intensive use’ includes, but is not limited to, reductions to height, density,
or floor area ratio, new or increased open space or lot size requirements, or new or increased
setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or
anything that would lessen the intensity of housing.” Id.
ATTACHMENT NO. 2
May 26, 2020
Page 2
Anaheim has been deemed an “affected city” by the state Department of Housing and
Community Development.1
The proposed ordinance would make three changes increasing the City’s residential
parking requirements:
It would increase the parking requirements for homes with four or more bedrooms in
the RS-4 Zone. Proposed A.M.C. § 18.42.030.0403.
It would redefine “bedroom” throughout the City’s residential zones to increase the
number of “bedrooms” in typical floorplans, thus increasing parking requirements. Proposed
A.M.C. § 18.42.030.0102.
It would reduce by 80% the number of parking spaces that can be provided in a tandem
configuration, requiring a drastic increase in the space dedicated to parking with no increase in the
number of parking spaces actually available to residents. Proposed A.M.C. § 18.42.030.0205.
These changes violate the Housing Crisis Act because they have the effect of lessening the
intensity of housing that can be developed in the City’s residential zones in at least two ways.
First, by increasing parking requirements and increasing the amount of space that must be
dedicated per parking space (by limiting tandem parking), the ordinance would increase the
amount of lot space and structural footprint dedicated to parking. By necessity, this would
decrease the lot space and structural footprint that can be dedicated to housing, resulting in a
decrease in housing units or bedrooms built per square foot of lot space or enclosed space. The
staff report before you acknowledges that “developable land in Anaheim is becoming harder to
find while the demand on housing continues to increase,” but puzzlingly requires developers to
dedicate more space to parking and less to housing.
Second, they would drastically increase the per-unit cost of developing a typical
multifamily housing project in the City. The impact of parking requirements on residential
development costs is well-documented.2 The cost of developing a single parking space in a
multifamily dwelling’s parking garage is $25,000–$50,000.3 One of the stated purposes of the
ordinance is to increase by 60% (from 1.25 spaces/unit to 2 spaces/unit) the parking requirements
for a popular studio apartment floorplan commonly built by developers. For a multifamily building
with 50 such units, the increase in costs could reach $1,500,000. Because parking requirements
mandate the above-market production of parking—they would be unnecessary otherwise—
builders cannot recoup these costs by charging directly for parking. The result of this ordinance
would be a reduction in unit or bedroom counts of future proposed projects to allow those projects
to “pencil out.”
1 https://www.hcd.ca.gov/community-development/docs/Affected-Cities.pdf.
2 See Donald Shoup, The High Cost of Free Parking, Updated Edition (2011).
3 https://www.strongtowns.org/journal/2018/11/20/the-many-costs-of-too-much-parking.
May 26, 2020
Page 3
We urge you to abandon this unlawful plan. To allow us to monitor the City’s conduct, we
request that the City include us on the notice list for all future public meetings regarding this
ordinance or any other change to the City’s residential parking requirements.
Sincerely,
Matthew Gelfand
cc: Nick Taylor, Associate Planner (by email to njtaylor@anaheim.net)
David See, Principal Planner (by email to dsee@anaheim.net)
Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net)
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.
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 6, 2020
SUBJECT: ZONING CODE AMENDMENT NO. 2020-00170
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim
Municipal Code (Code) to provide standards and regulations for unlicensed
community care facilities and sober living homes.
RECOMMENDATION: Staff recommends that the Planning Commission, by
motion, recommend that the City Council determine that the proposed draft ordinance
(Attachment 1) is not subject to California Environmental Quality Act (CEQA) per
CEQA Guidelines Sections 15060 (c)(2), 15060(c)(3), and 15301; and, that the City
Council adopt the proposed ordinance.
BACKGROUND: In recent years, many California (State) cities and counties have
seen an increase in the number of residential care facilities in single-family residential
neig hborhoods. State law requires that homes providing care and supervision and/or
detoxification services obtain and maintain licenses with appropriate State agencies.
• The State Department of Social Services (DSS) licenses and regulates
community care facilities, which includes residential care facilities providing
nonmedical care and supervision for children or adults in need of personal
services.
• The State Department of Health Care Services (DHCS) licenses and regulates
alcoholism or drug abuse recovery or treatment facilities that provide
nonmedical services such as detoxification and counseling sessions to adults
who are recovering from problems related to alcohol or other drug misuse or
abuse.
In contrast, t he State does not regulate or license other supportive living facilities that
do not provide any services or treatments. Generally, there are two main types of
unlicensed community care facilities.
• Group homes are residential homes that provide a supportive living
environment for persons considered as handicapped under State or federal
law.
• Sober living homes are unlicensed facilities, which house persons who are
recovering from an alcohol or drug addiction. Such unlicensed facilities only
provide residential accommodation, and cannot provide any services or
treatments (i.e. counseling, detoxification).
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 2 of 7
In Orange County, there are two voluntary non-State certification programs available for sober
living homes:
• Adult Alcohol & Drug Sober Living Facilities Certification program by Orange County
Sheriff’s Department (OCSD).
• Recovery Residence Certification program by California Consortium of Addiction
Programs and Professionals (CCAPP).
The State law requires cities and counties to treat State licensed community care facilities and
alcoholism or drug abuse recovery or treatment facilities serving six or fewer disabled residents as
a single-family residential use, and allow them by right in residential districts. State law allows
cities and counties to require a conditional use permit for licensed facilities with over six residents.
In contrast, there is no specific State law that requir es cities and counties to treat unlicensed
facilities that do not provide services or treatments, regardless of the number of residents, as a
single-family residential use. However, cities and counties are required to make reasonable
accommodations in zoning laws when such accommodation is reasonably necessary to provide the
disabled persons the opportunity to enjoy a residential dwelling.
These requirements are based on the Federal Fair Housing Act Amendments (“FHAA”) and the
California Fair Employment Housing Act (“FEHA”), which prohibits pubic agencies from making
land use decisions or policies that exclude or otherwise discriminate against persons with
disabilities or other protected classes. In addition, the Lanterman Developmental Disabilities
Services Act (“Lanterman Act”) outlines rights of individuals with developmental disabilities and
their families to get services and supports they need to live like people without such disabilities.
The core purpose of the FHAA, FEHA and Lanterman Act is to provide a broader range of housing
opportunities to the disabled, to free the disabled from institutional style living to the extent
possible and to ensure that disabled persons have the opportunity to live in normal residential
surroundings, and to use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed
by the non-disabled.
In 2014, the Costa Mesa City Council adopted a zoning ordinance to regulate “unlicensed” group
homes serving six or fewer persons, including sober living homes. Per the adopted ordinance,
Costa Mesa requires a ministerial permit for all unlicensed facilities, and requires such facilities to
comply with a number of operational standards. Some of key standards include requiring a 24-
hour house manager, parking controls, and a separation requirement of 650 feet for sober living
homes. In addition, all applicants are required to complete a thorough background check. After its
adoption, a number of sober living home operators and industry trade groups filed several lawsuits
against the City of Costa Mesa, arguing that such ordinance was discriminatory and in violation
of the FHAA and FEHA. In recent months, the City of Costa Mesa received a number of favorable
rulings in these lawsuits, which includes the most recent ruling by the United States Ninth Circuit
Court of Appeals who reaffirmed the validity of City of Costa Mesa’s ordinance. In light of these
recent rulings, in September 2019, the County of Orange Board of Supervisors adopted an
ordinance to regulate group homes within single-family residential zones in a similar manner as
Costa Mesa. The County subsequently updated the ordinance in December 2019 to provide certain
clarifications and increased the separation requirement for sober living homes from 650 feet to
1,000 feet based on the rural nature of properties under the County’s jurisdiction.
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 3 of 7
The Anaheim Municipal Code (Code) currently classifies all residential facilities with six or fewer
disabled persons as a “Residential Care Facility,” regardless of such facility’s licensing status. The
Code identifies these facilities as a residential use that does not require a discretionary permit
within the City’s single-family residential zones. The Code requires a conditional use permit for
these uses when they accommodate seven or more disabled persons and are located within the
City’s single-family residential zones. The Code currently classifies these larger facilities as a
“Group Care Facility.”
The City is currently home to more than 100 State licensed community care facilities that house
six or fewer persons, under the State’s categories of adult residential care facility and residential
care facility for elderly. In addition, there are 15 State licensed and/or certified alcoholism and
drug abuse recovery or treatment facilities, and 6 sober living homes certified by OCSD’s
voluntary program. Additionally, staff estimates that there are approximately 154 possible
unlicensed group homes and sober living homes within the City, based on the City’s Business
License and Code Enforcement databases. However, the exact number of these facilities is
unknown, as the City does not currently have a mechanism to track unlicensed facilities.
Attachment 3 provides a map showing the locations of existing State licensed community care
facilities, including alcoholism and drug abuse recovery or treatment facilities; OCSD certified
sober living homes; and, the potential locations of unlicensed or non-certified community care
facilities and sober living homes.
Unlicensed facilities such as sober living homes typically do not function as a single housekeeping
unit because they tend to house transient population that does not have established ties to the
community and/or with each other. Residents of such facilities typically do not share household
expenses and have high independence. A t hird-party property manager typically manages these
facilities. As such, these facilities may create unique problems that are typically not associated
with traditional single-family uses, and the City has been receiving continuous resident complaints
regarding such facilities, expressing concerns such as overcrowding, parking, noise, and loitering.
Based on concerns raised by the community, Mayor Pro Tem Faessel and Council Member
Moreno, along with recent court decisions that found in favor of City of Costa Mesa’s ordinance,
the Planning Director has initiated a similar ordinance that would provide standards and
regulations for unlicensed community care facilities and sober living homes in the City.
PROPOSAL: The City proposes to amend Title 18 (Zoning) of the Anaheim Municipal Code to
provide standards and regulations for unlicensed community care facilities and sober living homes.
Also included are revisions and additio ns to the Type of Uses and Definitions, along with updates
to the existing land use tables for various Zoning districts. The following summarizes the proposed
changes:
Types of Uses, Definitions, and Land Use Tables
The Code amendment would revise Chapters 18.36 (Types of Uses) and 18.92 (Definitions) to
provide new and revised types of uses and definitions to distinguish between State licensed and
unlicensed facilities. In summary, the existing Type of Uses for residential care facilities, which
include “Residential Care Facility” and “Group Care Facility,” would be deleted and replaced with
new terms.
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 4 of 7
• State licensed residential facilities would be either “Alcoholism or Drug Abuse Recovery
or Treatment Facility,” “Community Care Facility – Licensed,” or “Senior Living
Facility.”
• Unlicensed facilities would be either “Community Care Facility – Unlicensed” or “Sober
Living Homes.”
These uses would be broken down into two categories of “Small” or “Large.” Small facilities are
limited to six or fewer residents and large facilities would have seven or more residents. Other
changes include revised definitions for “Convalescent & Rest Homes,” “Boarding House” and
“Single Housekeeping Unit,” along with other minor clarifications. In addition, the amendment
would modify various chapters of the Zoning Code, including certain specific plans, to update the
existing land use tables to reflect the changes to the Type of Uses described above. Attachment 4
provides a more detailed summary of the proposed changes to the Type of Uses and Definitions
Chapters.
Proposed Permitting Process
The proposed regulations would continue to permit unlicensed Community Care Facilities and
Sober Living Homes with six or fewer residents to locate in residential zones. However, all
unlicensed Community Care Facilities and Sober Living Homes, not operated as a Single
Housekeeping Unit, would be required to obtain a Regulatory Permit prior to commencing
operations. Such permit would be ministerial in nature and issued by the Planning & Building
Department Director, if the facility can demonstrate compliance with the City’s regulations. The
City would continue to require a conditional use permit for facilities with seven or more residents,
where allowed.
There are two types of Regulatory Permit s proposed:
• An Operator’s Registration would be required for Sober Living Homes with OCSD
certification.
• An Operator’s Permit would be required for all other unlicensed Community Care
Facilities and Sober Living Homes.
Staff is proposing a separate permit type for Sober Living Homes with OCSD certification because
OCSD’s certification process already includes many of similar review standards as the ones
proposed for the City’s Operator’s Permit. As such, requiring Sober Living Homes with OCSD’s
certification to go through another permit process that is similar to the OCSD’s certification
program would be unwarranted. For instance, an Operator’s Permit would require a background
check for the owner/operator and all employees of the facility from the City’s Police Department;
an Operator’s Registration would not require a background permit because the applicant would
have already completed one through OCSD certification.
Staff would use certain criteria to deny, and if already issued, revoke Operator’s Registrations and
Permits . These include provision of false information, acceptance of residents who are not
handicapped, repeated violations of applicable regulations and standards, incompliance with the
applicable separation requirement (further described under Proposed Operational Standards
section below), and failure to remove residents who violates house rules and policies (i.e. alcohol
and illegal drug use). In addition to these criteria, the City would also deny or revoke an Operator’s
Permit if City staff were to determine that the owner/operator or staff members of the facility were
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 5 of 7
in violation of the established conditions related to past criminal convictions, violations,
employment termination for specific cause, and parole or formal probation status. This criterion
does not apply to the Operator’s Registration, as OCSD is the entity that conducts the background
check with its own conditions related to past criminal and employment history.
Both permits would expire automatically after six months of inactivity and are not transferrable to
any other person, entity or facility. Additionally, all existing unlicensed facilities would be
required to apply for the applicable permit within 90 days of the effective date of the Ordinance,
and must comply with all provisions of the Code within one year from the effective date of the
proposed o rdinance. The City may grant a one-year extension based on an existing lease term
and/or financial hardship.
With the proposed permit process, the City would be able to track the number of unlicensed
facilities. Attachment 5 provides a table summarizing the proposed Regulatory Permit processes
for unlicensed Community Care Facilities and Sober Living Homes. Attachment 6 shows the
proposed draft application forms with submittal requirement s.
Proposed Operational Standards
All unlicensed Community Care Facilities and Sober Living Homes, regardless of number of
residents, would be required to comply with various operational standards. Facilities may seek
relief from the strict application of these operational standards by submitting a request setting forth
specific reasons as to why accommodation over and above is necessary under State and Federal
laws, pursuant to Section 18.62.090 of the Zoning Code (Request for Reasonable
Accommodation). A table with a more detailed summary of the proposed operational standards for
unlicensed Community Care Facilities and Sober Living Homes is Attachment 7.
To ensure orderly operation, a house manager must be on site on a 24-hour basis, and
owners/operators of these facilities must certify under penalty of perjury that they will implement
written procedures and/or policies regarding intake procedures, facility rules and regulations, good
neighbor policy and eviction/involuntary termination procedure. In addition, all owners/operators
of Sober Living Homes must also certify under penalty of perjury that they will implement an
active off-site program participation policy, visitation policy, and controlled substance policy.
The proposed operational standards also include provisions related to parking and separation
requirements. Over the years, the City has seen increased concerns from the residents regarding
overflow parking into residential neighborhoods, which is evident in an increase in the number of
petitions filed for Residential Permit Parking Program and the recently proposed Zoning Code
amendment related to residential parking standards. In order to reduce potential impact of the
unlicensed Community Care Facilities and Sober Living Homes on parking, all vehicles associated
with these facilities must be operable and parked on-site, and all driveways, garages and on-site
parking areas must be available for vehicle parking.
S ince overconcentration of these facilities may lead to institutionalization and commercialization
of residential neighborhoods, all unlicensed facilities would be subject to certain separation
requirements. For unlice nsed Community Care Facilities, staff is proposing a 300-foot separation
requirement. This requirement would be consistent with State Law regulations for State-licensed
community care facilities, which consider State licensed facilities to be over -concentr ated if there
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 6 of 7
is less than 300-foot separation between facilities. For Sober Living Homes, a separation of 800
feet is proposed. Staff is proposing a larger separation because Sober Living Homes may present
additional problems beyond those typically associated with unlicensed Community Care Facilities
due to their unique nature of providing housing to a highly independent and transient population.
Staff believes an 800-foot distance requirement for Sober Living Homes is appropriate as it is
consistent with an average block length of a typical residential neighborhood in the City and
therefore provides a reasonable market for the purchase/lease and operation of a Sober Living
Home in the City while preventing overconcentration of sober living homes.
Orange County Recovery Collaboration
The Orange County Recovery Collaboration (OCRC) is a recently formed coalition comprised of
a number of public and private agencies and industry experts in Orange County region, with a goal
of providing education, prevention, resources and services on substance addiction. Sandra Sagert,
the City Code Enforcement Manager and the City’s Homeless Liaison, serves as the City’s liaison
to this group. Sandra has been in regular communications with OCRC and helped coordinate a
meeting between City staff working on this Code amendment, OCRC and CCAPP, on March 3,
2020. At this meeting, OCRC and CCAPP emphasized the uniqueness of Sober Living Homes,
the important role they play in assisting individuals in their recovery process, and explained the
CCAPP’s voluntary certification program. In addition, they expressed concerns regarding City of
Costa Mesa’s ordinance and its legal validity, and urged the City to utilize CCAPP’s certification
program. Following the meeting, OCRC submitted a letter (Attachment 8), which recommends
that the City require CCAPP certification of Sober Living Homes and not impose any separation
requirement between facilities.
Staff recognizes that CCAPP’s certification program provides guidelines for Sober Living Homes
that promotes quality and ethical standards. However, these guidelines are not mandates and as
CCAPP is the issuing entity, the City can not take an effective enforce ment action to ensure
compliance. As such, requiring a CCAPP certification instead of a City issued permit would not
allow the City to regulate Sober Living Homes. In addition, staff determined that a separation
requirement would be necessary to prevent overconcentration, and the proposed 800-foot
separation is reasonable, as previously discussed.
Environmental Impact Analysis
Staff recommends that the Planning Commission recommend that the City Council determine that
this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State
CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a “project,” as that term is defined in Section 15378 of the
State CEQA Guidelines. In add ition, staff recommends the Planning Commission find that the
effects of the proposed ordinance and the issuance of the Operator’s Registration and Regulatory
Permit and are typical of those generated within the Class 1, Existing Facilities, Categorical
Exemption. Class 1 consists of the repair, maintenance, and/or minor alteration of existing public
or private structures or facilities, involving negligible or no expansion of use beyond that existing
at the time of this determination. The proposed ordinance would regulate and permit unlicensed
Community Care Facilities and Sober Living Homes to operate in existing single-family residential
homes . As such, the proposed project meets the criteria for a Class 1 categorical exemption.
Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there
are no unusual circumstances in respect to the proposed project for which staff would anticipate a
ZONING CODE AMENDMENT NO. 2020-00170
July 6 , 2020
Page 7 of 7
significant effect on the environment and, therefore, the proposed project is categorically exempt
from the provisions of CEQA.
CONCLUSION: The proposed ordinance would provide reasonable standards and regulations
for unlicensed Community Care Facilities and Sober Living Homes. The proposed regulations and
standards would ensure a quality living environment for the residents of such facilities while
preserving the residential characteristics of surrounding neighborhood in which such facilities are
located. In addition, the proposed amendment furthers the purpose of the FEHA, FHAA and the
Lanterman Act by allowing these facilities to be located in residential neighborhood, providing the
disabled with the opportunity to enjoy a dwelling in a manner similar to that enjoyed by the non-
disabled . When operated responsibly, unlicensed commu nity care facilities and sober living homes
provide a societal benefit by providing the disabled the opportunity to live in residential
neighborhood, as well as providing support for individuals attempting to overcome their drug and
alcohol addictions. As such, staff recommends that the Planning Commission, by motion,
recommend approval of the proposed Zoning Code Amendment to the City Council.
Prepared by, Submitted by,
Joanne Hwang, AICP Susan Kim, AICP, LEED ND
Senior Planner Principal Planner
Attachments:
1. Draft City Council Ordinance
2. Draft City Council Ordinance - Redline
3. Map of Existing Community Care Facilities
4. Summary of Proposed Changes to Types of Uses and Definitions
5. Summary of Proposed Regulatory Permit Processes
6. Draft Regulatory Permit Applications
7. Summary of Proposed Operational Standards
8. OCRC Letter
1
ATTACHMENT NO. 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES);
18.06 (MULTIPLE-FAMI LY RESIDENTIAL ZONES); 18.08
(COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL-
PURPOSE ZONES); 18.16 (REGULATORY PERMITS); 18.22
(BROOKHURST COMMERCI AL CORRIDOR (BCC)
OVERLAY ZONE); 18.24 (SOUTH ANAHEIM BOULEVARD
CORRIDOR (SABC) OVERLAY ZONE; 18.36 (TYPES OF
USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.42
(PARKING AND LOADING); 18.92 (DEFINITIONS); 18.112
(MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SP 90-4)
ZONING AND DEVELOPMENT STANDARDS); 18.116
(ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2)
ZONING AND DEVELOPMENT STANDARDS); 18.120
(ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1)
ZONING AND DEVELOPMENT STANDARDS); AND 18.122
(BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-
1) ZONING AND DEVELOPMENT STANDARDS) OF THE
ANAHEIM MUNICIPAL CODE AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM
THE REQUIREMENTS TO PREPARE ADDITIONAL
ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTIONS 15060(C)(2) AND 15060(C)(3) BECAUSE IT WILL
NOT RESULT IN A DIRECT OR REASONABLY
FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT AND IT IS NOT A PROJECT, AS DEFINED IN
SECTION 15378 OF THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2020-00170)
(DEV2020-00002)
WHEREAS, under the California Constitution, Article XI, Section 7, the City of Anaheim
(“City”) is granted broad police powers to preserve public health and safety and general welfare
of their residents; and
WHEREAS, the City may act to preserve the residential characteristics of its residential
neighborhoods, which powers have been recognized by both the California Supreme Court and
United States Supreme Court, the latter of which has stated that, “It is within the power of the
legislature to determine that the community should be beautiful as well as healthy, spacious as
well as clean, well-balanced as well as carefully patrolled”; and
WHEREAS, both the California Supreme Court and United States Supreme Court have
held that cities have the right to regulate both the number of people who may reside in a single-
family home and the manner in which the single-family homes is used, as long as such regulations
do not unfairly discriminate or impair an individual’s rights of privacy and association; and
2
WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair
Employment Housing Act (“FEHA”) prohibits pubic agencies from making land use decisions or
policies that exclude or otherwise discriminate against persons with disabilities or other protected
classes; and
WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to
provide a broader range of housing opportunities to the disabled, to free the disabled from
institutional style living to the extent possible, and to ensure that disabled persons have the
opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner
similar to the way a dwelling is enjoyed by the non-disabled; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide
reasonable accommodation to its zoning ordinances if such accommodation is necessary to afford
a disabled person an equal opportunity to use and enjoy a dwelling; and
WHEREAS, cities are required to treat state licensed community care facilities and
alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents as a
residential use; and
WHEREAS, in enacting this Ordinance the City Council desires to strike a balance
between the City’s and residents’ interest in preserving the residential characteristics of residential
neighborhoods and providing opportunities for the disabled to reside in residential zones that are
enjoyed by the non-disabled; and
WHEREAS, over the past several years, cities within Orange County and the State have
seen an increase in the number of homes in residential neighborhoods being utilized as state
licensed and non-state licensed community care facilities and alcoholism or drug recovery or
treatment facilities (“non-state licensed alcoholism or drug recovery or treatment facilities
hereinafter “sober living homes”). This increase in such facilities has become a rising concern in
many cities and counties in the State, and as such, there have been numerous state attempts at
legislative fixes that have failed; and
WHEREAS , the City receives continuous resident complaints regarding these facilities
located within residential neighborhoods, expressing concerns such as overcrowding, parking,
noise, and loitering; and
WHEREAS, records from the State of California Department of Social Services (“DSS”)
from M ay 28, 2020 show that the City is home to more than 100 state licensed community care
facilities in the category of adult residential facility, which are typically located within single-
family residential neighborhoods; and
WHEREAS, records from the Stat e of California Department of Health Care Services
(“DHCS”) from May 28, 2020 show that the City is home to 15 licensed and/or certified
alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of
10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four
cities in Orange County that provides more than 200 beds within its jurisdiction; and
3
WHEREAS, the Orange County Sheriff Department (“OCSD”) administers Orange
County Adult Alcohol & Drug Sober Living Facilities Certification Program, which is a voluntary
certification program for sober living homes without a state license. The purpose of this program
is to provide access to quality residential facilities for the persons in need of drug and alcohol free
recovery environments and to promote public safety. As of May 27, 2020, there are 16 sober living
homes in Orange County that is certified by the OCSD, providing 215 beds. Among these, six
facilities are located in the City, providing 62 beds. Because this is a voluntary program, it is
unlikely to represent all sober living homes operating County-wide; and
WHEREAS, there is no required licensing, certification, or registration for non-state
licensed community care facilities or sober living homes, thus, the exact number of these facilities
within the City is unknown; and
WHEREAS, overconcentration of these facilities in residential neighborhoods may lead to
the institutionalization and commercialization of such neighborhoods; and
WHEREAS, the Ordinance proposes to classify non-state licensed community care
facilities and sober living homes with six or fewer persons as residential use, provide a process
whereby such facilities may locate in the residential neighborhoods, and establish certain standards
to ensure quality living environment for the residents of such facilities while preserving the
residential characteristics of surrounding neighborhood in which such facilities are located; and
WHEREAS, this Ordinance will also pr ovide a mechanism for such facilities to seek
additional accommodation upon making a showing, as required by state and federal law, that such
additional accommodation is reasonably necessary to afford the disabled the right to use and
enjoy a dwelling in a manner similar to that enjoyed by the non-disabled; and
WHEREAS, permitting six or fewer residents in these facilities home and establishing
distance requirements is reasonable and non-discriminatory because: (1) the State legislature in
establishing state licensed community care and alcoholism or drug abuse recovery or treatment
facilities as a residential use, including group homes serving recovering addicts, found that six
residents was a sufficient number to provide the supportive living environment that experts agree
is beneficial to recovery; (2) a 1997 st udy by the American Planning Association recommended
that residential care facilities should not be concentrated in single neighborhood or block and that
if they were to locate next to another or be placed on the same block, the ability of the residents of
such facilities to be normalized into the community would be compromised; and (3) limiting the
number of recovering addicts that can be placed in a single-family home enhances the potential
for their recovery; and
WHEREAS, housing inordinately large numbers of unrelated adults in a single-family
home or congregating sober living homes in close proximity to each other does not provide the
disabled with an opportunity to “live in normal residential surroundings,” but rather places them
into living environme nts bearing more in common with the types of institutional, campus, and/or
dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled,
and which no reasonable person could contend provides a life in a normal residential surrounding;
and
WHEREAS, non-state licensed community care facilities, especially sober living homes,
often do not function as a single housekeeping unit nor do they fit the City’s zoning definition of
4
a single housekeeping unit, as proposed, for the following reasons: (1) they house transient
populations; (2) the residents generally do not have established ties to each other when they move
in; (3) the residents have little to no say about who lives or doesn’t live in the home; (4) the
residents do not generally share expenses; (5) the residents are often responsible for their own
food, laundry and phone; (6) when residents disobey house rules they are often simply removed
from the house; (7) there is a third party property manager (i.e. house manager) that oversees the
operation of the facility; and
WHEREAS, because of the residents’ lack of established ties to the community and
independence from each other, non-state licensed community care facilities, especially sober
living homes, may present problems not typically associated with more traditional single-family
uses, including disproportionate numbers of cars associated with the facility, which may cause
parking problems in the neighborhood; and
WHEREAS, many residential neighborhoods in the City currently experiences parking
issues, and the City has seen increased concerns from the residents, business owners and others in
the community regarding overflow parking into single-family neighborhoods throughout the City.
This is evident in increase in the number of petitions filed for Residential Permit Parking Program
and the recently proposed Zoning Code amendment related to residential parking standards. As
such, a requirement for all resident vehicles associated with non-state licensed community care
facilities and sober living homes to be parked on-site is appropriate; and
WHEREAS, a 300-foot distance requirement for non-state licensed community care
facilities is appropriate as it is consistent with the State Law that regulates state licensed
community care facilities, which states that there is an overconcentration of state licensed facilities
if such facilities are separated by a distance of 300 feet or less; and
WHEREAS, a 800-foot distance requirement for sober living homes is appropriate, as it is
consistent with an average block length of a typical residential neighborhood in the City and
therefore provides a reasonable market for the purchase and operation of a sober living home in
the City while preventing overconcentration of sober living homes; and
WHEREAS, even with the distance requirements, non-state licensed community care
facilities and sober living homes are receiving preferential treatment in that non-disabled
individuals in a similar living situation (i.e. boarding house) cannot reside in single family
residential zones; and
WHEREAS, notwithstanding the above, the City Council recognizes that when operated
responsibly, non-state licensed community care facilities and sober living homes provide a societal
benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as
providing support for individuals attempting to overcome their drug and alcohol addictions; and
WHEREAS, without some regulation, it is not feasible to ensure that the individuals
entering into non-state licensed community care facilities and sober living homes are disabled
individuals and entitled to reasonable accommodation under local and state law; that such facilities
are operated professionally to minimize impacts to the surrounding neighborhood; and that the
secondary impacts from over concentration of such facilities in a neighborhood are lessened; and
5
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 Planning Commission of the City of Anaheim, at its July 6, 2020 public
hearing, recommended, by motion, that the City Council determine that this ordinance is not
subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA
Guidelines. The Planning Commission further found that the impact to the existing facilities would
be limited to issuance and/or denial of a ministerial permit and potential improvements to the
existing single-family home, which would make the ordinance categorically exempt under Section
15301 of the CEQA guidelines; and
WHEREAS, the City Council hereby finds and determines that this ordinance is not subject
to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA
Guidelines. The City Council further finds that the impact to the existing facilities would be limited
to issuance and/or denial of a ministerial permit and potential improvements to the existing single-
family home, which would make the ordinance categorically exempt under Section 15301 of the
CEQA guidelines ; 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 1. That Table 4-A (Primary Uses: Single-Family Residential Zones) of Chapter
18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended and restated to read in full as follows:
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Small)
P P P P P P P
6
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
Community Care
Facilities – Licensed
(Small)
P P P P P P P
Community Care
Facilities – Unlicensed
(Small)
P P P P P P P Subject to
§§18.16.058 and
18.38.123
Dwellings–Single-Family
Detached
P P P P P P C
Mobile Home Parks N N N N N C N
Senior Living Facilities
(Small)
P P P P P P P
Sober Living Homes
(Small)
P P P P P P P Subject to
§§18.16.058 and
18.38.123
Supportive Housing (6 or
fewer persons)
P P P P P P P
Supportive Housing (7 or
more persons)
C C C C C C C
Transitional Housing (6 or
fewer persons)
P P P P P P P
Transitional Housing (7 or
more persons)
C C C C C C C
Note on Table 4-A - Residential Classes of Uses:
Residential Classes of Uses: New Residential Development. All new residential development within 600
feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated
by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090.
Non-Residential Classes
of Uses
Agricultural Crops P P N N N N N
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C C C
Antennas–Private
Transmitting
P P P P P P P Subject to
18.38.040
Antennas–
Telecommunications–
Stealth Building–Mounted
C C C C C C C Subject to §
18.38.060.040
Antennas–
Telecommunications–
Stealth Ground–Mounted
N N N N N N N
Antennas–
Telecommunications–
Ground–Mounted
N N N N N N N
Automotive–Sales
Agency Office
(Wholesale)
P P P P P P P Subject to §
18.16.055 for
office use only; no
on -site storage,
display or parking
of any vehicle
7
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
being held as
inventory
Bed & Breakfast Inns N N N C C N N Must be located
on an arterial
highway; subject
to § 18.38.080
Beekeeping C N N N N N N
Boarding House N N N N N N N
Community Care
Facilities – Licensed
(Large)
C C C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C C C Subject to
§18.38.123
Community & Religious
Assembly
C C C C C C N
Convalescent & Rest
Homes
N N N C C C N
Day Care Centers C C C C C C C
Educational Institutions–
General
C C C C C C C
Golf Courses & Country
Clubs
C C C C C C N
Oil Production N N N N N C N Subject to §
18.38.180
Public Services C C C C C C C
Recreation–Low-Impact C C C C C C C
Senior Living Facilities
(Large)
C C C C C C C
Sober Living Homes
(Large)
C C C C C C C Subject to
§18.38.123
Transit Facilities C C C C C C C
Utilities–Minor C C C C C C C
SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of
Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Small)
P P P P P
8
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Community Care
Facilities – Licensed
(Small)
P P P P P
Community Care
Facilities – Unlicensed
(Small)
P P P P P Subject to §§18.16.058 and
18.38.123
Dwellings–Multiple
Family
C P P P P Subject to § 18.38.100;
affordable housing may be
developed pursuant to
Chapter 18.50
Dwellings–Single-
Family Attached
C P C C C Dwellings requiring a
conditional use permit are
subject to § 18.06.160
Dwellings–Single-
Family Detached
C P P P P (a) Allowed only when
combined with single-
family attached dwellings
within the same project; in
the RM-1 Zone, attached
housing must be oriented
toward any major or
primary arterial or (b) one
single-family detached
dwelling allowed on one
legal lot in existence on the
effective date of Ord. 5920,
using the RS-2 and RS-3
Zone based on lot size
Mobile Home Parks N C C C C
Senior Citizen
Housing
C C C C C Subject to Chapter 18.50
Senior Living
Facilities (Small)
P P P P P
Sober Living Homes
(Small)
P P P P P Subject to §§18.16.058 and
18.38.123
Supportive Housing C P P P P
Transitional Housing C P P P P
Note on Table 6-A-Residential Classes of Uses:
New Residential Development. All new residential development within 600 feet of any railroad, freeway,
expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan,
is subject to the provisions of § 18.40.090.
Non-Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C
Antennas–
Broadcasting
C C C C C
Antennas–Private
Transmitting
C C C C C Subject to § 18.38.040
Antennas–
Telecommunications -
T T T T T Subject to §§ 18.38.060 and
18.62.020
9
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Stealth Building-
Mounted
Antennas–
Telecommunications -
Stealth Ground-
Mounted
C C C C C Subject to § 18.38.060
Antennas–
Telecommunications -
Ground-Mounted
N N N N N
Automotive–Sales
Agency Office
(Wholesale)
P P P P P Subject to § 18.16.055 for
office use only; no on -site
storage, display or parking
of any vehicle being held as
inventory
Bed & Breakfast Inns N C C C C Subject to § 18.38.080
Boarding House C C C C C
Community Care
Facilities – Licensed
(Large)
C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C Subject to §18.38.123
Community &
Religious Assembly
C C C C C
Convalescent & Rest
Homes
N N N N C
Day Care Centers C C C C C
Educational
Institutions–General
N N C C C
Golf Courses &
Country Clubs
N N C C C
Oil Production N C C C C Subject 18.38.180
Public Services C C C C C
Recreation–Low-
Impact
C C C C C
Recreation–Swimming
& Tennis
C C C C C
Senior Living
Facilities (Large)
C C C C C
Sober Living Homes
(Large)
C C C C C Subject to §18.38.123
Transit Facilities C C C C C
Utilities–Minor C C C C C
SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Chapter 18.08
(Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
10
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Residential Classes of
Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Small)
N N N N N
Community Care
Facilities – Licensed
(Small)
N N N N N
Community Care
Facilities – Unlicensed
(Small)
N N N N N
Dwellings–Multiple
Family
N N C N N Dwellings–Multiple Family
subject to 18.38.215
Mobile Home Parks N N C N N
Senior Citizens'
Housing
C C C N N Senior Citizens' Apartment
projects subject to Chapter
18.50
Senior Living Facilities
(Small)
N N N N N
Sober Living Homes
(Small)
N N N N N
Supportive Housing N N C N N Supporting Housing subject
to 18.38.215
Transitional Housing N N C N N Transitional Housing
subject to 18.38.215
Non-Residential
Classes of Uses
Alcoholic Beverage
Manufacturing
N P/C P/C N N Subject to § 18.38.025.
Buildings larger than 6,000
square feet are subject to a
Conditional Use Permit.
Alcoholic Beverage
Sales–Off-Sale
P/C P/C P/C P/C P/C Conditional use permit not
required if use is in
conjunction with Markets–
Large. In O-L and O-H
Zones, must be clearly
accessory to and integrated
with an office building
Alcoholic Beverage
Sales–On-Sale
M/C M/C M/C M/C M/C Permitted with minor
conditional use permit if
accessory to a primary
restaurant use
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C
11
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Ambulance Services N C C N N
Animal Boarding P/C P/C P/C P/C P/C Permitted without a
conditional use permit
when conducted entirely
indoors subject to §
18.38.270; otherwise a
Conditional Use Permit is
required.
Animal Grooming P P P P P
Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a
conditional use permit if
designed similar to stealth
telecommunications facility
as defined in §
18.38.060.030.0312
Antennas–
Telecommunications-
Stealth Building-
Mounted
T T T T T Subject to § 18.38.060 and
§ 18.62.020
Antennas–
Telecommunications-
Stealth Ground-
Mounted
T T T T T Subject to § 18.38.060
Antennas–
Telecommunications
Ground -Mounted (Non-
Stealth)
N N N N N
Automatic Teller
Machines
(ATM’s)
P P P P P Subject to § 18.36.040
Automotive–Vehicle
Sales, Lease & Rental
N N C N N
Automotive–Sales
Agency Office (Retail)
N N C C C Subject to § 18.38.065
Automotive–Sales
Agency Office
(Wholesale)
P/M/C P/M/C P/M/C P/M/C P/M/C Subject to §§ 18.16.055 and
18.38.065. Minor
conditional use permit
required for on -site storage,
display or parking of one or
two vehicles being held as
inventory. Conditional use
permit required for on-site
storage, display or parking
of three or more vehicles
being held as inventory
Automotive–Public
Parking
M M M M M
12
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Automotive–Parts Sales P P P N N
Automotive–Repair &
Modification: Major
C C C N N
Automotive–Repair &
Modification: Minor
M M M N N
Automotive–Vehicle
Storage
M/C M/C M/C M/C M/C Permitted for up to one year
by minor conditional use
permit, with optional one
year extensions to permit
the use for up to five years;
conditional use permit
required to permit the use
for over five years.
Automotive–Service
Stations
C C C C C Subject to § 18.38.070
Automotive–Washing N C C C C In O-L and O-H Zones,
must be accessory to an
Automotive–Service
Station use
Banquet Halls C C C C C
Bars & Nightclubs C C C C C In O-L and O-H Zones,
must be accessory to and
integrated with an office
building
Bed & Breakfast Inns C C C C C Subject to § 18.38.080
Billboards N N N N N
Boarding House N N C N N
Business & Financial
Services
P P P P P
Cemeteries N N C N N
Commercial Retail
Centers
P/C P/C P/C N N Subject to § 18.38.115;
otherwise a Conditional
Use Permit is required.
Community Care
Facilities – Licensed
(Large)
C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C Subject to § 18.38.123
Community &
Religious Assembly
C C C C C In O-H Zone, must be
clearly accessory to and
integrated with an office
building
Computer Internet &
Amusement Facilities
N N N N N
Convalescent & Rest
Homes
C C C N N
13
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110;
otherwise a Conditional
Use Permit is required. In
O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building.
Dance & Fitness
Studios–Large
N P P P P In O-H Zone, must be
clearly accessory to and
integrated with an office
building
Dance & Fitness
Studios–Small
P P P P P In O-H Zone, must be
clearly accessory to and
integrated with an office
building, otherwise requires
a conditional use permit
Day Care Centers C C C P/C P/C Permitted without
Conditional Use Permit if
integrated within a multi-
tenant office building as an
accessory use to serve
office tenants
Drive-Through
Facilities
C C C C C Permitted without a
conditional use permit as an
accessory use if in
conjunction with Business
and Financial Services as
the primary use
Educational
Institutions–Business
P/M P/M P/M P/M P/M Institutions with ten
students or less do not
require a conditional use
permit
Educational
Institutions–General
N C C C C
Educational
Institutions–Tutoring
P P P P P Subject to § 18.36.040.050
Entertainment Venue C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Equipment Rental–
Large
P/C P/C P/C N N Permitted if equipment is
completely screened from
view. Conditional Use
Permit required if
equipment cannot be
screened.
Equipment Rental–
Small
P/C P/C P/C P/C P/C In O-H and O-L Zones,
must be clearly accessory
14
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
to and integrated with an
office building. Conditional
Use Permit required if
conducted outdoors.
Helipads N N C N N Allowed only in
conjunction with a hospital
Hospitals N N C C C
Hotels N C C N C
Hotels, Full Kitchen
Facilities
N N C N C
Markets–Large P P P N N
Markets–Small P/C P/C P/C C C Subject to § 18.38.155,
otherwise a Conditional
Use Permit is required.
Medical & Dental
Offices
P P P P P
Mortuaries N N C N N
Motels N C C N N
Offices P P P P P
Personal Services–
General
P/C P/C P/C P/C P/C Laundromats are subject to
§ 18.38.150; otherwise a
Conditional Use Permit is
required. In O-L and O-H
Zones, must be clearly
accessory to and integrated
with an office building.
Massage subject to §
18.16.070.
Personal Services–
Restricted
C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190,
18.38.200 and 18.38.205;
otherwise a Conditional
Use Permit is required.
Public Services C C P C C
Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building. Facilities
with alcohol consumption
require a Conditional Use
Permit. Subject to §
18.38.085, otherwise a
Conditional Use Permit is
required.
15
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Recreation–
Commercial Indoor
C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Recreation–
Commercial Outdoor
C C C C C
Recreation–Low-
Impact
C C C P P In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Recreation–Swimming
& Tennis
P/C P/C P/C P/C P/C Permitted without
Conditional Use Permit
when conducted completely
indoors
Repair Services–
General
P N P N N
Repair Services–
Limited
P P P C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Research &
Development
N P P P P
Restaurants–Full
Service
P P P C C
Restaurants–General P P P C C
Restaurants–Outdoor
Dining
P P P P P Subject to § 18.38.220
Retail Sales–General P P P P P
Retail Sales–Kiosks M M M M M
Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and
§ 18.38.200
Retail Sales–Used
Merchandise
P P P N N
Self-Storage N N C N N Subject to City Council
Policy No. 7.2
Senior Living Facilities
(Large)
C C C C C
Sober Living Homes
(Large)
C C C C C Subject to § 18.38.123
Sex-Oriented
Businesses
N N P N N Subject to Chapter 18.54
Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080;
otherwise a Conditional
Use Permit is required.
Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a
Conditional Use Permit if
there is no live audience.
16
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Studios–Recording N N P C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Transit Facilities C C C C C
Utilities–Major C C C N C
Utilities–Minor P P P P P Pay phones are permitted
by right in all zones if
located on the interior of a
building or attached to the
exterior within 10 feet of
the main building’s
entrance
Veterinary Services P/C P/C P/C N N Subject to § 18.38.270;
otherwise a Conditional
Use Permit is required.
Wholesaling N C C N N Shall be accessory to a
Retail Sales use
Wine Bars C C C C C
SECTION 4. That Table 10-A (Primary Uses: Industrial Zones) of Chapter 18.10
(Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Small)
N
Community Care Facilities – Licensed
(Small)
N
Community Care Facilities – Unlicensed
(Small)
N
Mobile Home Parks C
Senior Living Facilities (Small) N
Sober Living Homes (Small) N
Non-Residential Classes of Uses
Agricultural Crops P
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Large)
N
Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025
17
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use
permit if accessory to a primary
restaurant use
Ambulance Services P
Animal Boarding P/ C Conditional use permit not required if
conducted completely indoors, subject to
§ 18.38.270
Animal Grooming P/ C Conditional use permit not required if
conducted completely indoors, subject to
§ 18.38.270
Antennas–Broadcasting P/ C Permitted without a conditional use
permit if designed similar to stealth
telecommunications facility as defined in
§ 18.38.060.030.0312
Antennas–Telecommunications-Stealth
Building-Mounted
T Subject to § 18.38.060 and § 18.62.020
Antennas–Telecommunications-Stealth
Ground-Mounted
T Subject to § 18.38.060
Antennas–Telecommunications-Ground-
Mounted (Non-Stealth)
N
Automated Teller Machines
(ATM’s)
P
Automotive–Vehicle Sales, Lease &
Rental
C
Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065
Automotive–Sales Agency Office
(Wholesale)
P/M/C Subject to §§ 18.16.055 and 18.38.065.
Minor conditional use permit required for
on -site storage, display or parking of one
or two vehicles being held as inventory.
Conditional use permit required for on-
site storage, display or parking of three or
more vehicles being held as inventory
Automotive–Impound Yards C Subject to § 18.38.200
Automotive–Public Parking M
Automotive–Parts Sales P/C Permitted without a conditional use
permit if conducted entirely indoors
Automotive–Repair & Modification:
Major
C
Automotive–Repair & Modification:
Minor
M
Automotive–Service Stations C Subject to § 18.38.070
Automotive–Vehicle Storage M/C Permitted for up to one year by minor
conditional use permit, with optional one
year extensions to permit the use for up to
five years; conditional use permit
required to permit the use for over five
years.
Automotive–Washing C
Banquet Halls C
18
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Bars & Nightclubs C
Billboards N
Boarding House N
Community Care Facilities – Licensed
(Large)
N
Community Care Facilities – Unlicensed
(Large)
N
Building Material Sales C Not more than 30% of the outdoor area,
excluding parking, shall be devoted to
outdoor displays; subject to §§ 18.38.190
and 18.38.200
Business & Financial Services C
Community & Religious Assembly C
Dance & Fitness Studios–Large C
Dance & Fitness Studios–Small M
Day Care Centers C
Drive-Through Facilities C Permitted without a conditional use
permit as an accessory use if in
conjunction with Business and Financial
Services as the primary use
Educational Institutions–Business M
Educational Institutions–General C
Educational Institutions–Tutoring C Subject to § 18.36.040.050
Emergency Shelters (50 or fewer
occupants)
P Subject to § 18.38.125
Emergency Shelters (more than 50
occupants)
C Subject to § 18.38.125
Entertainment Venue C
Equipment Rental–Large P/C Permitted without a conditional use
permit if conducted entirely indoors
subject to § 18.38.200
Equipment Rental–Small P
Helipads & Heliports C
Hospitals C
Hotels C
Industry– P
Industry–Heavy C
Junkyards C Subject to § 18.38.200
Medical & Dental Offices M
Motels C
Mortuaries C
Offices–Development P
Offices–General P/M Permitted without minor conditional use
permit only if accessory to an industrial
or other primary permitted use
Oil Production C Subject to § 18.38.180
Outdoor Storage Yards P/C Subject to § 18.38.200. Permitted without
a conditional use permit if all storage is
screened from view, otherwise a
Conditional Use Permit is required. The
19
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Outdoor Storage of Oversized and
Recreational Vehicles shall require a
Conditional Use Permit.
Personal Services–General C Laundromats are subject to § 18.38.150
Personal Services–Restricted C
Plant Nurseries P/ C Subject to § 18.38.190, 18.38.200 and
18.38.205; otherwise a Conditional Use
Permit is required.
Public Services P
Recreation–Billiards C
Recreation–Commercial Indoor C Amusement arcades are allowed only in
conjunction with a hotel, motel, or
bowling alley
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming & Tennis C
Recuperative Care/Medical Respite P/C Subject to § 18.38.125
Recycling Facilities P/ C Subject to Chapter 18.48. Small
processing facilities under 4,000 s.f. that
conduct all work inside are allowed
without a conditional use permit.
Repair Services–General P
Repair Services–Limited P
Research & Development P
Restaurants–Full Service N
Restaurants–General C Allowed without a conditional use permit
when a part of an industrial complex of 5
or more units
Restaurants–Outdoor Dining C Subject to § 18.38.220
Retail Sales–General C Industrially-related only
Retail Sales–Kiosks N
Retail Sales–Outdoor C Subject to § 18.38.190 and 18.38.200
Self-Storage C Subject to City Council Policy No. 7.2
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Sex-Oriented Businesses P Subject to Chapter 18.54
Studios–Broadcasting P
Studios–Recording P
Towing Services P
Transit Facilities C
Truck Repair & Sales C Subject to § 18.38.200
Utilities–Major C
Utilities–Minor P
Veterinary Services P Subject to § 18.38.270
Warehousing & Storage–Enclosed P
Wholesaling P
20
SECTION 5. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of
Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recover y
or Treatment Facilities (Small)
N N N P Only a llowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Community Care Facilities – Licensed
(Small)
N N N P Only a llowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Community Care Facilities –
Unlicensed (Small)
N N N P Subject to §§18.16.058 and 18.38.123.
Only allowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Dwellings–Single-Family Detached N N N P One single-family detached dwelling
unit allowed on one legal lot in
existence on July 8, 2004, the effective
date of Ord. 5920. The development
standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in
size. The development standards of the
RS-3 Zone shall apply for lots th at are
less than 7,200 square feet in size.
Mobile Home Parks N N N C
Senior Citizens Housing N N N C Senior Citizens Apartment projects
subject to Chapter 18.50
21
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Senior Living Facilities (Small) N N N P Allowed in a single-family detached
dwelling unit on one legal lot in
existence on July 8, 2004, the effective
date of Ord. 5920. The development
standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in
size. The development standards of the
RS-3 Zone shall apply for lots that are
less than 7,200 square feet in size.
Sober Living Homes (Small) N N N P Subject to §§18.16.058 and 18.38.123.
Only allowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Supportive Housing (6 or fewer
persons)
N N N P One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Supportive Housing (7 or more
persons)
N N N C One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Transitional Housing (6 or fewer
persons)
N N N P One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Transitional Housing (7 or more
persons)
N N N C One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Non-Residential Classes of Uses
Agricultural Crops P N N P
Alcoholic Beverage Sales–On -Sale N M/C M/C C In the “PR” and “SP” zones, permitted
with minor conditional use permit if
accessory to a primary restaurant use.
In the “T” Zone, only in conjunction
with a Community and Religious
Assembly use.
Alcoholism or Drug Abuse Recover y
or Treatment Facilities (Large)
N C C N
22
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Ambulance Services N N N C
Animal Boarding C N N C
Antennas–Broadcasting N N N C Permitted without a conditional use
permit if designed similar to stealth
telecommunications facility as defined
in § 18.38.060.030.0312
Antennas–Private Transmitting N N N C Subject to § 18.38.040
Antennas–Telecommunications-
Stealth Building-Mounted
T T T T Subject to §§ 18.38.060 and 18.62.020
Antennas–Telecommunications-
Stealth Ground-Mounted
C C C C Subject to § 18.38.060
Antennas–Telecommunications-
Ground-Mounted
N N N N Subject to § 18.38.060
Automotive–Public Parking N P M N
Automotive–Sales Agency Office
(Retail)
N N N N
Automotive–Sales Agency Office
(Wholesale)
N N N N
Automotive–Repair & Modification:
Major
N N N N
Automotive–Repair & Modification:
Minor
N N N N
Automotive–Service Stations N N N C Subject to § 18.38.070
Automotive–Vehicle Storage N N N M/C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial or Industrial
Land Uses for up to one year by minor
conditional use permit, with optional
one year extensions to permit the use
for up to five years; conditional use
permit required to permit the use for
over five years.
Automotive–Washing N N N C
Bed & Breakfast Inns N N C C Subject to § 18.38.080
Beekeeping N N N C
Boarding House N N N C
Cemeteries C N C C
Commercial Equestrian Establishments C N N C No permanent maintenance of stabling
of equine animals, riding arenas or
storage of food, refuse or equipment
shall be permitted within (250) two
hundred fifty feet of any residential
zone boundary.
Community Care Facilities – Licensed
(Large)
N C C N
Community Care Facilities –
Unlicensed (Large)
N C C N Subject to §18.38.123
23
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Commercial Retail Centers N N N C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial Land Uses
Community & Religious Assembly N N C C
Convalescent & Rest Homes N N N C
Convenience Stores N C C C Subject to § 18.38.110
Dance & Fitness Studios–Small N M M N
Dance & Fitness Studios–Large N C C N
Day Care Centers N C C C
Educational Institutions–Business N C P C
Educational Institutions–General N C P C
Entertainment Venue N C C C
Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is
municipally owned golf course
Helipads N N C N
Hospitals N N C C
Hotels N C N C
Medical & Dental Offices N C C C
Mortuaries N N N C
Motels N C N C
Offices N C C C
Oil Production N N N C Subject to § 18.38.180
Outdoor Storage Yards C N N C Subject to § 18.38.200
Plant Nurseries P C C C Subject to §§ 18.38.190 and 18.38.200
Public Services N P P P
Recreation–Billiards N C C C
Recreation–Commercial Indoor N C C C
Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to
§ 18.14.030.130
Recreation–Low-Impact C P C C
Recreation–Swimming & Tennis N P C C
Recycling Services–General N N N C Subject to Chapter 18.48
Research and Development N N N N
Restaurants–Drive-Through N N C N Subject to § 18.38.220
Restaurants–General N C C C Subject to § 18.38.220
Restaurants–Outdoor Dining N C C C Subject to § 18.38.220
Restaurants–Walk-Up N C C N
Retail Sales–General N N N C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial Land Uses
Retail Sales–Kiosk N M M N
Retail Sales–Used Merchandise N N N C
Self-Storage N N C N
Senior Living Facilities (Large) N C C N
Sober Living Homes (Large) N C C N Subject to § 18.38.123
Transit Facilities N C C C
Utilities–Major C C C C
24
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Utilities–Minor P P P P
Veterinary Services N N N C
SECTION 6. That new Section 18.16.058 (Community Care Facilities – Unlicensed
(Small) and Sober Living Homes (Small)) be added to Chapter 18.16 (Regulatory Permits) of Title
18 (Zoning) of the Anaheim Municipal Code be to read in full as follows:
18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND
SOBER LIVING HOMES (SMALL).
.010 Permits Required.
.0101 Operator’s Registration. Any person desiring to operate a Sober
Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober
Living Facilities Certification issued by the Orange County Sheriff’s Department shall first
obtain an Operator’s Registration in compliance with the provisions of this section.
.0102 Operator’s Permit. Any perso n desiring to operate a Community
Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange
County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange
County Sheriff’s Department shall first obt ain an Operator’s Permit in compliance with the
provisions of this section. All such applications shall be referred to the Chief of Police (or
his or her designee), who shall conduct all necessary investigations.
.020 Application Requirements. All applications for Operator’s Registration and
Operator’s Permit shall be submitted on forms approved by the Planning Director. The
application shall be signed and submitted by the owner/operator of the facility and filed
with the Planning and Building Department, and shall include all applicable fee or deposit
as approved and set by resolution of the City Council.
.030 Permit Issuance.
.0301 Operator’s Registration. Upon receipt of a written application for
an Operator’s Registration, the Planning Director (or his or her designee) shall conduct a
review. An Operator’s Registration application shall be issued if the applicant provided all
required information and is in compliance or has agreed to comply with Section 18.38.123
of this Code.
.0302 Operator’s Permit. Upon receipt of a written application for an
Operator’s Permit, the Planning Director (or his or her designee) and Chief of Police (or
his or her designee) shall conduct an investigation to ascertain whether such permit should
be issued as requested. An Operator’s Permit application shall be issued if the Chief of
Police recommends issuance of the permit, the applicant provided all required information,
and is in compliance or has agreed to comply with this section and Section 18.38.123 of
this Co de.
.040 Permit Denial and Revocation.
25
.0401 In addition to the grounds for permit revocation specified in Section
18.16.040 of this chapter, an Operator’s Registration and an Operator’s Permit application
shall be denied or revoked if any of the following circumstances exist:
.01 Any owner/operator or staff person of the facility has
provided materially false or misleading information on the application or omitted any
pertinent information.
.02 The owner/operator or staff person of the facility accepts
residents, other than a house manager or staff, who are not handicapped as defined by the
FHAA and FEHA.
.03 Community Care Facility – Unlicensed (Small). The facility,
as measured by the closest property lines, is located within three hundred (300) feet of any
other Community Care Facility – Unlicensed and Community Care Facility – Licensed,
regardless of size. If a Community Care Facility - Licensed moves within three (300) feet
of an existing Community Care Facility - Unlicensed (Small) with a valid Operator’s
Permit, this shall not cause the revocation of existing facility’s Operator’s Permit.
.04 Sober Living Home (Small). The facility, as measured by the
closest property lines, is located within eight hundred (800) feet of any other Sober Living
Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility. If an Alcoholism
or Drug Abuse Recovery or Treatment Facility moves within eight hundred (800) feet of
an existing Sober Living Home with a valid Operator’s Registration or Operator’s Permit,
this shall not cause the revocation of the existing facility’s Operator’s Registration or
Operator’s Permit.
.05 The owner/operator or staff person of a Sober Living Home
fails to immediately take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively participating in a
legitimate recovery program from contact with all other sober residents.
.06 For any other significant and/or repeated violations of this
section and/or any other applicable laws and/or regulations.
.0402 Additional grounds for denial or revocation of an Operator’s
Registration.
.01 The Sober Living Home does not or no longer holds a valid
Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the
Orange County Sheriff’s Department.
.0403 Additional grounds for denial or revocation of an Operator’s Permit.
.01 Any owner/operator or staff person of the facility has an
employment history in which he or she was terminated during the past two (2) years
because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug
test; and selling or furnishing illegal drugs or alcohol.
.02 Any owner/operator or staff person of the facility has been
convicted of or pleaded nolo contendere, within the previous ten (10) years, to any of the
following offenses:
(a) Any offenses in violation of California Penal Code
Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314,
315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as
may be amended.
(b) Any sex offense for which the person is required to
register as a sex offender under California Penal Code Section 290, as may be amended.
(c) Arson offenses in violations of Penal Code Sections
451-455, as may be amended.
26
(d) Violent felonies, as defined in Penal Code Section
667.5, as may be amended, which involve doing bodily harm to another person.
(e) Any offenses in violation of California Health and
Safety Code Section 11550 or any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health and Safety Code
Sections 11054, 11055, 11056, 11057 or 11058, as may be amended.
.03 Any owner/operator or staff person of the facility is on
parole or formal probation supervision on the date of the submittal of the application or at
any time thereafter.
.0404 If a facility has obtained a reasonable accommodation pursuant to
Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved
deviation shall not be a cause for a denial or revocation of the facility’s permit .
.050 Changes to Operator’s Registrat ion and Operator’s Permit.
.501 If any of the information submitted on the original application
changes, such as any personnel changes (i.e. owner/operator of the facility, employees and
staff including house manager), the current or new owner/operator of the facility shall
notify the Planning Director of such change within ten (10) business days thereafter, in
writing, which may require additional review and fee.
.502 The owner/operator of a Sober Living Home with an Operator’s
Registration shall notify the Planning Director if there is any changes to the status of the
facility’s Orange County Adult Alcohol and Drug Sober Living Facilities Certification
issued by the Orange County Sheriff’s Department (i.e. renewals, expirations, revocations)
within ten (10) business days of such change.
.060 Sale or Transfer of Operator’s Registration and Operator’s Permit. No
Operator’s Registration or Operator’s Permit issued hereunder may be sold, transferred or
assigned by a permittee, or by operation of law, to any other person(s), entity, or facility.
Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a
voluntary surrender or such permit and such permit shall thereafter be null and void.
.070 Operator’s Registration and Operator’s Permit Expiration.
.0701 The Operator’s Registration and the Operator’s Permit shall expire
and be of no further force or effect if after establishment, the use or activity for which the
permit was approved is discontinued or abandoned for a period of six (6) months.
.0702 The Operator’s Registration shall automatically expire and be of no
further force or effect if after establishment, the Orange County Adult Alcohol and Drug
Sober Living Facilities Certification issued by the Orange County Sheriff’s Department for
the facility is expired or revoked.
.080 Operational Standards. All facilities subject to this section shall comply
with all operational standards specified in Section 18.38.123 of this Code.
.090 Existing Facilities. Facilities existing prior to effective date of regulations
set forth in this section must comply with the following:
.0901 Existing facilities shall apply for the Operator’s Registration or
Operator’s Permit within ninety (90) days of the effective date of regulations set forth in
this section.
.0902 Existing facilities shall have one (1) year from the effective date of
the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their
provisions.
.0903 Existing facilities obligated by a written lease exceeding one (1)
year from the effective date of the ordinance, or whose activity involves investment of
money in leasehold or improvements such that a longer period is necessary to prevent
27
undue financial hardship, are eligible for up to two (2) additional years grace period
pursuant to approval of an Operator’s Permit.
.0904 If an Operator’s Registration or Operator’s Permit submitted for
existing facilities is denied pursuant to this section, such facility shall be deemed unlawful
and shall seize its operations immediately after a denial of the Operator’s Registration or
Operator’s Permit is issued.
SECTION 7. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title
18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Small)
P
Community Care Facilities – Licensed
(Small)
P
Community Care Facilities – Unlicensed
(Small)
N
Dwellings–Multiple-Family P
Dwellings – Multiple-Family in the
Gateway District, Sub- Area B
C Subject to the approval of Conditional Use
Permit No. 2003- 04763, as may be amended
from time to time, and subject to the
conditions set forth in Section 18.66.060
(Findings), and further subject to paragraphs
.0201 and .0202 of subsection .020 of Section
18.20.200.
Dwellings–Single-Family Attached P
Dwellings–Single-Family Detached N
Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens
Apartment Projects)
Senior Living Facilities (Small) P
Sober Living Homes (Small) N
Supportive Housing P
Transitional Housing P
Non-Residential Classes of Uses
Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in
conjunction with Markets–Large
Alcoholic Beverage Sales–On - Sale M/C GF Permitted with minor conditional use permit if
accessory to a primary restaurant use
Alcoholism or Drug Abuse Recovery or
Treatment Facilities (Large)
N
Automotive–Public Parking M
Automotive–Repair & Modification:
Major
N
Automotive–Repair & Modification:
Minor
N
Automotive–Sales Agency Office (Retail) N
28
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Automotive–Sales Agency Office
(Wholesale)
N
Automotive–Vehicle Sales, Lease &
Rental
N Except as permitted as an accessory use
Automotive–Service Stations C
Bars & Nightclubs C GF
Billboards N
Boarding House N
Business & Financial Services P GF
Commercial Retail Centers C
Community Care Facilities – Licensed
(Large)
N
Community Care Facilities – Unlicensed
(Large)
N
Community & Religious Assembly C GF
Computer Internet & Amusement
Facilities
N N
Convenience Stores C GF
Conversions of hotels or motels to semi-
permanent living quarters
N
Dance & Fitness Studios–Large P GF
Dance & Fitness Studios–Small P GF
Day Care Centers C GF
Drive-through Facilities N
Educational Institutions–Business M GF
Educational Institutions–General C GF
Educational Institutions–Tutoring P GF
Entertainment Venue C GF
Hotels P/C/ Hotels are permitted, extended-stay hotels are
permitted by conditional use permit
Markets–Large P GF Outdoor farmer’s markets are allowed with a
conditional use permit
Markets–Small P GF
Medical and Dental Offices P GF
Motels N N
Offices–General P GF
Personal Services–General P GF On-site dry cleaning not allowed; conditional
use permit required for laundromats;
laundromats are subject to § 18.38.150.
Massage subject to § 18.16.070, except
massage not permitted within Live/Work
Units.
Personal Services–Restricted C GF
Public Services P GF
Recreation–Billiards P GF
Recreation–Commercial Indoor P GF
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming & Tennis P
Repair Services–Limited P GF
Research and Development P
29
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Restaurants–Drive-Through N
Restaurants–General P GF
Restaurants–Outdoor Dining P GF Subject to § 18.38.220 (Restaurants– Outdoor
Seating and Dining)
Restaurants–Walk-Up P GF
Retail Sales–General P GF
Retail Sales–Kiosk M GF
Retail Sales–Used Merchandise N
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Sex-oriented businesses, as defined in
Chapter 18.54 (Sex-Oriented Businesses)
N
Studios–Broadcasting P GF Broadcasting antennas require a conditional
use permit
Studios–Recording P GF
Swap meets, indoor and outdoor N
Transit Facilities P GF
Utilities–Major C
Use or activities not listed, nor
specifically prohibited
C As determined by the Planning Commission
to be compatible with the intended purpose of
the PTMU Overlay Zone.
SECTION 8. That Section 18.22.070 (O-L Zone Uses) of Chapter 18.22 (Brookhurst
Commercial Corridor (BCC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
18.22.070 O-L ZONE USES.
The requirements contained in Chapter 18.08 (Commercial Zones) for the Low
Intensity Office Zone ("O-L") Zone shall apply, except that, notwithstanding any other
provisions of this chapter to the contrary, the following permitted, accessory and
conditional uses shall be prohibited:
.010 Boarding Houses.
.020 Bingo establishments.
.030 Non-residential use of residential structures.
.040 Hotels, motels, and motor inns.
.050 Mobile home and/or trailer parks.
.060 Mobile home park subdivisions.
.070 Off-premises sale of alcoholic beverages.
.080 Reconstruction of a single-family residence, damaged or destroyed, except
a legally established single-family residence, existing on the date of adoption of the
ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire,
wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may
be reconstructed subject to development standards contained within either the "RS-2" or
"RS-3" Zone, based on lot size; provided that a complete and proper application for a
30
bu ilding permit is filed with the Building Division, within two (2) years of the date of the
event that caused the damage or destruction.
.090 Bars and cocktail lounges, unless integrated with a full-service restaurant
that has been approved by a conditional use permit pursuant to Chapter 18.66 (Conditional
Use Permits).
.100 Storage of Class C explosives in any amount.
SECTION 9. That Subsection .010 of Section 18.22.080 (C-G Zone Uses) of Chapter
18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone) 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 Uses Prohibited. The requirements contained in Chapter 18.08
(Commercial Zones) for the General Commercial ("C-G") Zone shall apply, except that,
notwithstanding any other provisions of this chapter to the contrary, the following
permitted, accessory and conditional uses shall be prohibited:
.0101 Amusement device arcades.
.0102 Bars and cocktail lounges, unless integrated with a full-service
restaurant that has been approved pursuant to subsection .020 below.
.0103 Billboards.
.0104 Boarding Houses.
.0105 Computer Internet & Amusement Facilities.
.0106 Hotels, motels, and motor inns.
.0107 Labor camps.
.0108 Large collection facilities for recycling purposes.
.0109 Liquor stores.
.0110 Deleted.
.0111 Mobile home and/or trailer parks.
.0112 Mobile home park subdivisions.
.0113 Nightclubs.
.0114 Non-residential use of residential structure.
.0115 Off-premises sale of alcoholic beverages in premises with fifteen
thousand (15,000) square feet or less in interior building floor area.
.0116 Pawnshops.
.0117 Pool and/or billiard centers
.0118 Dance Venue, as defined in Section 18.92.070 (“D” words, terms
and phrases.) of Chapter 18.92.
.0119 Reconstruction of a single-family residence damaged or destroyed,
except a legally established single-family residence, existing on the date of adoption of the
ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire,
wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may
be reconstructed subject to development standards contained within either the "RS-2" or
"RS-3" Zone, based on lot size; provided that a complete and proper application for a
building permit is filed with the Building Division, within two (2) years of the date of the
event that caused the damage or destruction.
.0120 Saunas and spas.
.0121 Self-storage or mini-warehouse facilities.
.0122 Sex-oriented businesses.
31
SECTION 10. That Section 18.24.100 (Prohibited Uses and Structures in Commercial
Zones) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
18.24.080 PROHIBITED USES AND STRUCTURES IN COMMERCIAL ZONES.
The following uses and structures shall be prohibited in commercial zones as
described in Chapter 18.08 (Commercial Zones):
.010 Pool or billiard centers;
.020 Reconditioned used merchandise sales, except for I (SABC-Neigh borhood
Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay-
Neighborhood Commercial District) zoned properties located on the east side of Anaheim
Boulevard between Broadway and Santa Ana Street;
.030 Sex-oriented businesses;
.040 Saunas and/or spas, except when integrated into a hotel use;
.050 Amusement device arcades, except when integrated into a hotel use or a
full-service restaurant;
.060 Automobile sales and rental agencies and lots;
.070 Automotive vehicle repairs, overhaul, installation of parts and accessories;
.080 Billboards;
.090 Boarding Houses;
.110 Commercial use of residential structures;
.120 Computer Internet & Amusement Facilities;
.130 Jail farms or honor farms for prisoner rehabilitation;
.140 Labor camps;
.150 Mobile home park subdivisions;
.160 Pawnshops;
.170 Self-storage or mini warehouse facilities; and
.180 Balloons, fixed or tethered, including inflatable advertising devices.
SECTION 11. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of
Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Small)
P
Community Care Facilities –
Licensed (Small)
P
Community Care Facilities –
Unlicensed (Small)
N
Dwellings–Multiple-Family P
Dwellings–Single-Family Attached P
32
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Dwellings–Single-Family Detached P
Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens’ Housing–
Apartment Projects)
Senior Living Facilities (Small) P
Sober Living Homes (Small) N
Supportive Housing P
Transitional Housing P
Non-Residential Classes of Uses
Alcoholic Beverage Manufacturing P Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale P Conditional use permit required if sales are not
accessory to a primary restaurant use
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Large)
N
Animal Boarding N
Animal Grooming P
Antennas–Broadcasting P Conditional use permit required if facilities are not
accessory to a primary use on the same lot, not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature
Antennas– Private Transmitting P Conditional use permit required, if facilities are not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature
Antennas–Telecommunications P Conditional use permit required if facilities are not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature;
subject to Section 18.38.060 (Antennas–
Telecommunications)
Automotive–Impound Yards N
Automotive–Public Parking P
Automotive–Repair &
Modification: Major
N
Automotive–Repair &
Modification: Minor
N
Automotive–Sales Agency Office
(Retail)
N
Automotive–Sales Agency Office
(Wholesale)
N
Automotive–Washing N
Bars & Nightclubs C
Billboards N
Boarding House N
Business & Financial Services P
Commercial Place-making Uses P Subject to review and approval by the Planning and
Community and Economic Development Departments
33
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Community & Religious Assembly C Conditional Use Permit not required for museums
Computer Internet & Amusement
Facilities
N
Convalescent and Rest Homes N
Convenience Stores N
Dance and Fitness Studios–Large P
Dance and Fitness Studios–Small P
Day Care Centers C
Drive Through Facilities N
Educational Institutions–Business P
Educational Institutions–General C
Educational Institutions–Tutoring P Subject to Subsection .050 of Section 18.36.040
(Educational Institutions–Tutoring)
Entertainment Venue C Subject to Subsection .050 of Section 18.36.040
(Entertainment Venue)
Hotels C
Markets–Large P Outdoor farmers markets are allowed with a conditional
use permit
Markets–Small P
Medical & Dental Offices P
Medical Marijuana Dispensaries N
Motels N
Offices–General P
Pawn shops N
Personal Services–General P/N On-site dry cleaning and laundromats are not allowed.
Massage subject to § 18.16.070 except massage not
permitted in live/work units.
Personal Services–Restricted N
Public Services P
Public Art and Murals P Subject to review and approval by the Planning and
Community and Economic Development Departments
Recreation–Billiards P Subject to Section 18.38.085
Recreation–Commercial Indoor C
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming and Tennis P
Repair Services–General N
Repair Services–Limited P
Research and Development N
Restaurants–General P Subject to Subsection .180 of Section 18.36.040
Restaurants–Outdoor Seating and
Dining
P Subject to Section 18.38.220
34
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Restaurants–Walk-Up P
Retail Sales–General P
Retail Sales–Kiosks M If food service is proposed, the application shall include
a complete description of how food products will be
refrigerated and/or heated, and how utensils, appliances
and equipment will be cleaned.
Retail Sales–Used Merchandise P
Self-Storage Facilities N
Smoking Lounges N
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Studios–Broadcasting P
Studios–Recording P
Utilities–Major N
Utilities–Minor P
SECTION 12. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter
18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended and restated to read in full as follows:
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Small)
C
Community Care Facilities –
Licensed (Small)
C
Community Care Facilities –
Unlicensed (Small)
N
Dwellings–Multiple- Family C 24-hour on -site management is required
Dwellings–Single- Family Attached C
Senior Citizen Housing C Subject to Chapter 18.50
Senior Living Facilities (Small) C
Sober Living Homes (Small) N
Supportive Housing C
Transitional Housing C
Non-Residential Classes of Uses
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory
to a primary restaurant use
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Large)
N
35
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Animal Grooming P
Antennas– Telecommunications C Shall be fully screened by the building to which they are
attached; subject to § 18.38.060
Automotive–Public Parking M
Automotive–Sales Agency Office
(Retail)
M
Automotive–Sales Agency Office
(Wholesale)
P Subject to § 18.16.055 for office use, only; no on-site
storage, display or parking of any vehicle being held as
inventory
Automotive–Repair & Major
Modification
N
Automotive–Repair & Minor
Modification
N
Bars & Nightclubs C
Boarding House N
Business & Financial Services P
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Computer Internet & Amusement
Facilities
N
Convenience Stores C Subject to § 18.38.110
Dance & Fitness Studios–Large C
Dance & Fitness Studios–Small P
Drive-Through Facilities C
Educational Institutions–Business M
Entertainment Venue C
Hotels C
Markets–Large P Subject to § 18.38.155
Markets–Small P Subject to § 18.38.155
Medical & Dental Offices P
Motels C
Offices P
Personal Services–General P Massage subject to § 18.16.070, except massage not
permitted within Live/Work Units.
Personal Services–Restricted C
Recreation–Commercial Indoor C
Recreation–Low-Impact P Allowed only as an accessory use to a primary use
Repair Services–Limited P
Research and Development N
Restaurants–General P Subject to § 18.38.220
Restaurants–Outdoor Dining P Subject to § 18.38.220
Retail Sales–General P
Retail Sales–Kiosks M
Short-Term Rentals P Subject to a short-term rental permit as provided in
Chapter 4.05
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Transit Facilities C
Utilities–Major P Allowed only as an accessory use to a primary use
Wine Bars C
36
SECTION 13. That Section 18.36.030 (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:
18.36.030 RESIDENTIAL PRIMARY USE CLASSES.
.010 Alcoholism or Drug Abuse Recovery or Treatment Facility (Small). A State
licensed and/or certified facility, as defined in Section 11834.02 of the California Health
& Safety Code, which includes any premises, place, or building that provides residential
nonmedical services to six (6) or fewer adults who are recovering from problems related
to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services.
.020 Community Care Facility – Licensed (Small). A building or portion thereof,
designed or used for a residential facility licensed and/or certified by the State that provides
non-medical care, services, counseling or supervision to six (6) or fewer children or adults,
including, but not limited to, persons who are physically handicapped, mentally impaired,
incompetent persons, and abused or neglected children. Such facilities include community
care facilities as defined in California Health and Safety Code Section 1502, and other
similar State licensed care facilities. This use class shall not include Alcoholism or Drug
Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober
Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter.
.030 Community Care Facility – Unlicensed (Small). A building or portion
thereof, designed or used for a residential care facility, not licensed by the State, that
provides supportive living environment for six (6) or fewer adults who are considered
handicapped under State or Federal Law (commonly referred to as a “group home”). This
use class shall not include any Community Care Facility – Unlicensed that operates as a
Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise
defined in this Chapter.
.040 Dwellings–Multiple-Family. This use class consists of two (2) or more
dwelling units within the same structure, located on a single lot, each with its own kitchen
and bathroom facilities.
.050 Dwellings–Single-Family Attached. A dwelling unit attached to another
dwelling unit by a common wall, commonly referred to as a townhouse, half-plex, or row
house. The shared wall or walls extend from the foundation to the roof with adjoining
dwelling units to form a property. Each dwelling unit has individual heating and plumbing
systems.
.060 Dwellings–Single-Family Detached. A dwelling unit with open space on all
four sides. The dwelling unit often possesses an attached garage.
.070 Mobile Home Parks. This use class consists of a site that is planned and
improved to accommodate two (2) or more Mobile Homes or Manufactured Homes used
for residential purposes, or on which two (2) or more Mobile Home or Manufactured Home
spaces or lots each accommodate a Mobile Home or Manufactured Home for residential
purposes.
.080 Senior Citizen Housing. This use class consists of Senior Citizen Apartment
Projects and Senior Citizen Housing Developments as defined in Chapter 18.92
(Definitions).
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.090 Senior Living Facility (Small). A State licensed facility that meet s the
definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of
California Health and Safety Code, subject to regulations of Chapter 3.2 of California
Health and Safety Code. Such facility provides care and services on a monthly basis or
longer to six (6) or fewer persons 60 years of age or older, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related
services are provided, based upon their varying needs, as determined in order to be
admitted and to remain in the facility. Senior Living Facilities may include the following:
.0901 Independent living: Facilities intended for individuals who are
presently able to manage an independent lifestyle, but foresee a future where more support
will be necessary. Residents of an independent living facility are provided with assistance
in the instrumental activities of daily living, such as dining, housekeeping, security,
transportation and recreation. Independent living dwelling units may have separate
kitchens and garages.
.0902 Assisted living: Facilities intended for residents that require some
assistance with the activities of daily living, but do not need the 24-hour care of a nursing
home. Assisted living services are regulated by Title 22, Division 6, Chapter 8 of California
Code of Regulations. These services include assistance with dressing, bathing, walking,
eating and toileting, in addition to dining, housekeeping, security, transportation and
recreatio n.
.0903 Memory living care: facilities intended for residents who require
specialized care for dementia, Alzheimer's or other memory related illnesses. Memory
living care services may be provided by a stand-alone facility, or by a facility offering a
broader range of services, and includes dining, housekeeping, security, transportation and
recreation.
.0904 Skilled nursing: facilities intended for residents who require nursing
care or supervision, either on a short -term or long -term basis, as regulated by Title 22,
Division 5, Chapter 3 of California Code of Regulations.
.0905 Continuing care retirement community: Facilities intended to serve
the long-term residential, social, and health care needs of elderly residents by providing a
continuum of care, minimizing transfer trauma and allowing the following services to be
provided in an appropriately licensed setting: dining, housekeeping, security,
transportation and recreation. Such facilities are regulated by Title 22, Division 6, Chapter
8 of California Code of Regulations and Division 2, Chapter 10 of Health and Safety Code.
Continuing care retirement community may include more than one, or all four, of the types
of senior living facilities listed above.
.100 Sober Living Home (Small). A residential care facility not licensed by the
State, providing supportive living environment that is an alcohol and drug-free for six (6)
or fewer adults recovering from alcoholism and/or drug abuse, who are considered
handicapped under State or Federal law. Such facility shall not provide the services that
are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse
Recovery or Treatment Facilities. This use class shall not include any Sober Living Home
operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment
Facilities, Boarding Houses, Commu nity Care Facilities – Licensed, or any other uses
otherwise defined in this Chapter.
.110 Supportive Housing. This use class consists of housing that has the same
meaning as defined in subdivision (f) of Section 65582 of the Government Code.
.120 Transitional Housing. This use class consists of housing that has the same
meaning as defined in subdivision (h) of Section 65582 of the Government Code."
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SECTION 14. 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 or tap 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.
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large). A State
licensed and/or certified facility, as defined in Section 11834.02 of the California Health
& Safety Code, which includes any premises, place, or building that provides residential
nonmedical services to seven (7) or more adults who are recovering from problems related
to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery t reatment or detoxification services.
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, 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, day care 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.
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.
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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, boats, recreational vehicles, 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.
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.
Automo tive-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
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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: Major. This use class consists of facilities
that are engaged primarily in substantial repair of automobiles and other vehicles such as
boats, recreational vehicles and water-sport vehicles, such as major body or paint work,
major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame
work, welding, and other similar services as determined by the Planning Director. This use
excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or
other related equipment, or temporary storage of vehicles that have bene involved in
accidents.
Automotive-Repair and Modification: Minor. This use class consists of facilities
that conduct routine and incidental repair services of automobiles and other vehicles such
as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical
services include smog check, quick-service oil, tune-up, brake and wheel service, accessory
and tir e installation and service, engine adjustments, electrical work, front-end alignment,
stereo installation, window tinting, and other similar services as determined by the
Planning Director, where all repair services are conducted in enclosed bays, no vehicles
are stored overnight, and there are no outdoor storage of any materials, parts, and/or
equipment. This use excludes facilities that are used for towing of vehicles, sale, repair,
and storage of trucks or other related equipment, or temporary storage of vehicles that have
bene involved in accidents.
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’.
Automotive-Vehicle Storage. This use class consists of properties used for the
temporary off-site storage of inventory for the type of use "Automotive-Vehicle Sales,
Lease & Rental," as described above and operated within the Cit y of Anaheim.
Automotive-Washing. This use class consists of establishments providing hand-
operated, self-service, or mechanical automobile washing services, and may include
detailing.
SECTION 15. That Subsection .020 of Section 18.36.040 (Non-Residential Primary Use
Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
.020 “B” Use Classes.
Banquet Hall. This use class consists of a facility rented out for private events,
which involve the service of a meal and at which seating is provided at tables. As used
herein, “private event” means a gathering of persons who have been individually invited
to the event and from which persons not so invited are excluded. Live entertainment and
dancing is permitted in a banquet hall; however, such live entertainment or dancing shall
not be the primary use of a banquet hall. Alcoholic beverages may be sold or consumed
within a banquet hall during a private event subject to state law requirements and if allowed
by a conditional use permit.
Bars & Nightclubs. This use class consists of establishments other than accessory
bar that primarily serve beer, wine, or other alcoholic beverages to be consumed on-
41
premises, with or without food service, from which minors are excluded by law, and which
requires a “public premises”-type license issued by the California Department of Alcoholic
Beverage Control. It also consists of establishments that serve alcohol and may provide
accessory music and/or live entertainment as defined in 18.92.040, for patrons to be
entertained, that is regularly open to the public with or without the payment of a cover
charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54
(Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined
in this chapter. Typical land uses include night clubs, bars with entertainment, and bars.
Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling
providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast
and snacks to the guests.
Beekeeping. This use class consists of raising bees, other than in a closed container,
for any purpose.
Billboards. This use class consists of billboards, as defined and regulated by
Chapter 18.44 (Signs).
Boarding House. A building, or portion thereof, where lodging is provided for
persons, with or without meals for monetary or non-monetary compensation, 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 at the property,
including permanent residents, live-in operators, and guests, shall not exceed fifteen (15)
people. This use class shall not include a Hotel, Motel, Bed and Breakfast Inn,
Convalescent & Rest Homes, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
Community Care Facilities – Licensed, Community Care Facilities - Unlicensed, Sober
Living Homes, or any other uses defined in this Section.
Building Material Sales. This use class consists of the sale of materials used for
the construction of buildings, the incidental sale of landscaping materials, and the
incidental sale or rental of tools. This use typically includes the storage of considerable
quantities of such materials outdoors and/or in structures other than the main building.
Typical uses include lumberyards, tile and roofing-materials stores.
Business & Financial Service s. This use class consists of establishments providing
services oriented to business matters and involving significant walk-in contact with the
public. Typical uses include consumer-oriented financial services, such as banks and tax
preparation services, duplicating and faxing services, printing services, and real estate sales
offices. Business services that do not involve significant public contact are classified under
the Offices use class.
SECTION 16. 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 Equestrian Establishments. This use class consists of the commercial
stabling of equine animals and activities related to the use of horses.
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).
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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 Care Facility – Licensed (Large). A building or portion thereof,
designed or used for a residential facility licensed and/or certified by the State that provides
non-medical care, services, counseling or supervision to seven (7) or more children or
adults, including, but not limited to, persons who are physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children. Such facilities include
community care facilities as defined in California Health and Safety Code Section 1502,
and other similar State licensed care facilities. This use class shall not include Alcoholism
or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed,
Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this
Chapter.
Community Care Facility – Unlicensed (Large). A building or portion thereof,
designed or used for a residential care facility, not licensed by the State, that provides
supportive living environment for seven (7) or more adults who are considered
handicapped under State or Federal Law (commonly referred to as a “group home”). This
use class shall not include any Community Care Facility – Unlicensed that operates as a
Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise
defined in this Chapter.
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 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.
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Convalescent & Rest Homes. This use class consists of facilities providing nursing,
dietary and/or other personal services on a twenty-four (24) hour basis for convalescents,
invalids and/or aged persons who are unable to care for themselves, requiring regular
medical attention (commonly referred to as a “nursing home” or “hospice”). This use
excludes cases of alcohol and/or drug addictions, 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 17. That Subsection .070 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:
.070 “G” Use Classes.
Golf Courses & Country Clubs. This use class consists of golf courses and related
uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf
supplies and accessories, social areas, and eating and drinking facilit ies for members, users
and guests.
SECTION 18. 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.
Recreation-Swimming & Tennis. This use class consists of outdoor swim clubs and
tennis courts.
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Recuperative Care/Medical Respite. This use class consists of facilities that provide
short term care and case management to individuals who have been referred by or
discharged from a government, community, or licensed medical facility. Recuperative
Care/Medical Respite uses shall not allow walk-in clients. Said individuals shall be
recovering from an acute illness or injury that generally does not necessitate hospitalization
during recovery and whose conditions would be exacerbated by their living conditions
(e.g., individuals are either homeless or at risk of being homeless, or have the absence of a
caregiver, and have a medical condition requiring post-acute clinical care). These uses
provide collaborative services such as case management, referrals, transportation,
eligibility assistance, health education, environmental health risk reduction, health literacy,
and outreach for homeless or those at risk of being homeless or have the absence of a
caregiver, and allow such individuals the opportunity to rest and recover in a safe
environment while accessing medical care and other supportive services for a finite length
of time before transitioning from this type of use to the community or other supportive
housing. Operators of Recuperative Care/Medical Respite uses may coordinate or
administer medical care subject to State and/or Federal licensing requirements.
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 sc ientific
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.
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
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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.
SECTION 19. That Subsection .190 of Section 18.36.040 (Non-Residential P rimary 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:
.190 “S” Use Classes.
Self Storage. This use class consists of establishments providing storage services,
primarily for personal effects and household goods, within enclosed storage areas having
individual access. The incidental sale of boxes and packing materials is included.
Senior Living Facilities (Large). A Stat e licensed facility that meets the
definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of
California Health and Safety Code, subject to regulations of Chapter 3.2 of California
Health and Safety Code. Such facility provides care and services on a monthly basis or
longer to seven (7) or more persons 60 years of age or older, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related
services are provided, based upon their varying needs, as determined in order to be
admitted and to remain in the facility. This use class may include Independent Living,
Assisted Living, Memory Living Care, Skilled Nursing, and Continuing Care Retirement
Community, which are further defined under Senior Living Facilities (Small) in this
chapter.
Sex-Oriented Businesses. This use class consists of establishments defined as sex-
oriented businesses in Chapter 18.54 (Sex-Oriented Businesses).
Sober Living Home (Large). A residential care facility not licensed by the State,
providing supportive living environment that is an alcohol and drug-free for seven (7) or
more adults recovering from alcoholism and/or drug abuse and considered handicapped
under State or Federal law. Such facility shall not provide the services that are provided
by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or
Treatment Facilities. This use class shall not include any Sober Living Home operating as
a Single Housekeeping Unit, Alcoholism o r Drug Recovery or Treatment Facilities,
46
Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise
defined in this Chapter.
Studios–Broadcasting. This use class consists of facilities used for the broadcasting
of radio, television or Internet programs. Facilities with live audiences shall be considered
“Entertainment Venue.”
Studios–Recording. This use class consists of facilities used for the recording of
music and other voice communications, for the purpose of dissemination by broadcast, the
Internet, compact disks or similar media. Recording studios with live audiences shall be
considered “Entertainment Venue.”
SECTION 20. That new Section 18.38.123 (Community Care Facilities - Unlicensed and
Sober Living Homes) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18
(Zoning) of the Anaheim Municipal Code be to read in full as follows:
18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER
LIVING HOMES
Uses classified as Community Care Facilities – Unlicensed (Small), Community Care
Facilities – Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are
subject to the provisions of this section.
.010 Permits Required. No person, firm, corporation or other entity shall operate any
Community Care Facility – Unlicensed and a S ober Living Home, regardless of size, within the
City without first obtaining a valid permit.
.020 Operational Standards.
.0201 Number of Residents.
.01 Community Care Facilities – Unlicensed (Small) a nd Sober
Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager
and staff. If the facility is located within a residential property that has an Accessory Dwelling
Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6)
residents has been exceeded.
.02 Community Care Facilities – Unlicensed (Large) and Sober
Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager.
If the facility is located within a residential property that has an Accessory Dwelling Unit(s),
residents of all units shall be combined to determine the total number of residents.
.0202 The facil ity shall not be located in an Accessory Dwelling Unit unless the
primary dwelling unit is used for the same purpose.
.0203 The facility shall have a house manager who resides on site or any number
of persons acting as a house manager who are present at the facility on a 24 -hour basis and who are
responsible for the day-to-day operat ion of the facility.
.0204 Parking.
.01 All garages, driveways, and/or assigned parking spaces associated
with the facility shall be available for the parking of vehicles at all times.
.02 All vehicles shall be operable and be parked on-site.
.0205 Separation requirements.
.01 Community Care Facility, Unlicensed. Such facility, regardless
of size, shall not be located within three hundred (300) feet, as measured from the closest property
lines, of any other Community Care Facility, Unlicensed or C ommunity Care Facility, Licensed,
regardless of size.
.02 Sober Living Home. Such facility, regardless of size, s hall not be
located within eight hundred (800) feet, as measured from the closest property lines, of any other
Sober Living Home or Alcoholism or Drug Abuse R ecovery or Treatment Facility, regardless of
size.
47
.0206 All facilit ies shall not provide “Care and supervision” to the residents, as
defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended.
.0207 Sober Living Home shall not provide any of the following services as they
are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended:
detoxification, educational counseling, individual or group counseling sessions, and tr eatment or
recovery planning.
.0208 The property shall be fully in compliance with all building codes, codified
ordinances, and this Code.
.0209 Owners/Operators of all facilities shall certify under penalty of perjury that
the facility has and will implement the following written procedures and policies:
.01 Intake procedures
.02 Facility rules and regulations
.03 A good neighbor policy, which, at minimum, requires residents to
be considerate of neighbors, including refraining from engaging in excessively loud, profane, or
obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their
dwelling unit. The good neighbor policy shall establish a written protocol for the house
manager/operator to follow when a neighbor complaint is received.
.04 Eviction and involuntary termination procedures, which, at
minimum, ensure the following:
a. Notification to the resident’s emergency contact or
contact of record.
b. Notification to the Orange County Health Care Agency
OC Links Referral Line and/or another entity designated by the County to determine the services
available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient
treatment.
c. Provision of the information obtained regarding services
available to the resident and any other treatment provider or service to the resident prior to his or
her release.
d. Provis ion of transportation to the address listed on the
resident’s driver license, state-issued identification card, or the permanent address identified in the
resident’s application or referral to the other community care facilities, sober living homes, or
similar facilities.
.05 Any additional written procedures and policies, as otherwise
determined by the Planning Director.
.0210 In addition to the written policies listed in Subsection 18.38.123.20.0209
of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury
that the facility ha s and will implement the following written procedures and policies:
.01 An active program participation policy that requires all residents,
other than the house manager, to actively participate in legitimate recovery programs located off-
site, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous. The sober
living home operator shall maintain current records of program attendance.
.02 A visitation policy that preclude any visitors who are under the
influence of any drug or alcohol.
.03 Controlled substance policy, which, at minimum, includes the
following. Such policy shall be posted on-site in a common area inside the dwelling unit:
a. Prohibition of the use of any alcohol or any non-
prescription drugs at the facility or by any resident either on- or off-site.
b. Rules regarding possession, use, and storage of
prescription medications.
.04 Any additional written procedures and policies, as otherwise
determined by the Planning Director.
48
.0211 Refusal to comply with the facility’s rules and regulations, as provided in
the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of
this section, shall be a cause of eviction.
.0212 The facility operator shall maintain records for a period of one (1) year
following eviction from or involuntary termination of residency of an resident that documents
compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing
herein shall require the operator to violate any provision of State or Federal law regarding
confidentiality of health care information.
.0213 Exception. Community Care Facilities, Unlicensed and Sober Living
Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by
submitting a request setting forth specific reasons as to why accommodation over and above this
section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for
Reaso nable Accommodation).
SECTION 21. That Table 42-A (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 and restated to read in full as follows:
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Agricultural Crops 5 spaces per 10 acres.
Alcoholic Beverage
Manufacturing
1.55 spaces per 1,000 square feet of GFA, which may include a
maximum of 10% office space, plus, if the percentage of office
space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of
GFA for the floor area in excess of 10%
Tasting or Tap 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).
Alcoholism or Drug Abuse
Recovery or Treatment
Facility (Large)
0.8 space per bed
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
Transmitting
None.
Antennas–
Telecommunications
1 space.
Automatic Teller Machines
(ATM’s) (Exterior, walk-up
facilities not located on
properties developed with
other retail or office uses.)
2 spaces per machine.
Note: No parking spaces are required when located on the exterior
building wall of an existing business use, when located within the
interior of any other type of business establishment, or when free-
standing machines are located on properties developed with other
retail or office uses. In addition, no parkin g spaces are required for
drive-up facilities.
Automotive–Vehicle Sales,
Lease & Rental
General: 2.5 spaces per 1,000 square feet of GFA for interior
showroom, plus 4 spaces per 1,000 square feet of office use, plus 4
spaces per 1,000 square feet of building GFA used for parts, sales,
storage and repair use.
49
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Wholesale (excluding auctions): 4 spaces per 1,000 square feet of
space used for parking vehicles to be sold.
Auctions: Requires parking demand study per paragraph
18.42.040.010.0108.
Automotive–Sales Agency
Office
4 spaces per 1,000 square feet of GFA.
Automotive–Public Parking None.
Automotive–Parts Sales 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.
Automotive–Service
Stations
Stand-Alone: 2 spaces.
In Conjunction with Accessory Retail/Convenience Store: 4 spaces
per 1,000 square feet 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.
Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this use class,
"Bedroom" means any room designed, intended or primarily used for
sleeping purposes).
Beekeeping None.
Billboards None.
Boarding House 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this provision,
"Bedroom" means any room designed, intended or primarily used for
sleeping purposes).
Business & Financial
Services
4 spaces per 1,000 square feet of GFA.
Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108.
Community Care Facilities
– Licensed (Large)
0.8 space per bed
Community Care Facilities
– Unlicensed (Large)
0.8 space per bed
Commercial Retail Centers-
Large
All uses other than restaurants within retail centers unless specified
elsewhere in this code: 4 spaces per 1,000 square feet of GFA.
Restaurants within retail centers with 40 percent or less of GFA
devoted to restaurant 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.
50
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Community & Religious
Assembly Requires parking demand study paragraph 18.42.040.010.0108.
Convalescent & Rest
Homes
0.8 space per bed.
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 Institutions–
Business
0.82 space per student, or 20 spaces per 1,000 square feet of GFA for
instruction area, whichever results in a greater number of spaces,
plus 4 spaces per 1,000 square feet of GFA for office area.
Educational Institutions–
General
Elementary and Junior High Schools: 1 space per classroom, plus 1
space per non-office employee, plus 4 spaces per 1,000 square feet
of GFA for office use, plus parking required for assembly halls and
auditoriums (see Community & Religious Assembly).
High Schools: 1 space per non-office employee, plus 1 space per 6
students, plus 4 spaces per 1,000 square feet of GFA for office use,
plus parking required for assembly halls and auditoriums (see
Community & Religious Assembly).
Educational Institutions–
Tutoring
4 spaces per 1,000 square feet of GFA.
Emergency Shelter 1 space per employee and volunteer staff member, plus 1 space for
every 4 beds or 0.5 spaces per bedroom designated for family units
with children.
Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and
29 spaces per 1,000 square feet of dance floor area.
Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000
square feet of GFA for first 100,000 square feet, plus 4.5 spaces per
1,000 square feet of GFA over 100,000 square feet.
Theaters-Live Performances: 0.4 spaces per seat or patron,
whichever results in a greater number of spaces, plus 0.8 spaces per
employee, including performers.
Theaters-Single-Screen Motion Picture: 0.6 space per seat or
patron, whichever results in a greater number of spaces, plus 5
spaces for employees.
Theaters-Multi-Screen Motion Picture: 0.3 spaces per seat or per
patron, whichever results in a greater number of spaces, plus 2 employee
spaces per screen.
Equipment Rental–Large 4 spaces per 1,000 square feet of building GFA for first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000
square feet, plus 0.4 space per 1,000 square feet of outdoor
equipment storage area.
Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000
51
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
square feet, plus 0.5 spaces per 1,000 square feet of outdoor
equipment storage area.
Golf Courses & Country
Clubs
Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of
building GFA used for public assembly, plus 4 spaces per 1,000
square feet of GFA used for other commercial purposes.
Golf Driving Ranges: 1 space per driving tee.
Helipads Requires parking demand study per paragraph 18.42.040.010.0108.
Hospitals Requires parking demand study per paragraph 18.42.040.010.0108.
Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA
for banquet/meeting room, plus 8 spaces per 1,000 square feet of
GFA for full-service, outdoor dining, walk-up and fast-food
restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-
out restaurants integrated into the hotel complex, plus 1 space per
1,000 square feet of retail space plus 0.25 space for each employee
working in the guest room areas.
Hotels, Full Kitchen
Facilities
Same requirements as “Hotels & Motels”.
Industry Industrial: 1.55 spaces per 1,000 square feet of GFA, which may
include a maximum of 10% office space, plus, if the percentage of
office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet
of GFA for the floor area in excess of 10%.
Industrial Training Facilities: 0.82 space per student, or 20 spaces
per 1,000 square feet of GFA for instructional use, whichever results
in a greater number of spaces, plus 4 spaces per 1,000 square feet of
GFA for office use.
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to
outdoor uses, excluding parking areas and vehicular access-ways, or
1 space per 2 maximum contemplated number of employees to be
engaged in the outdoor operation, whichever results in a greater
number of spaces.
Industry–Heavy Industrial–Heavy: 1.55 spaces per 1,000 square feet of building
GFA, which may include a maximum of 10% office space, plus, if
the percentage of office space exceeds 10% of the GFA, 4 spaces per
1,000 square feet of GFA for the floor area in excess of 10%.
Industrial Training Facilities: 0.82 space per student, or 20 spaces
per 1,000 square feet of GFA for instructional use, whichever results
in a greater number of spaces, plus 4 spaces per 1,000 square feet of
GFA for office use.
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to
outdoor uses, excluding parking areas and vehicular access-wa ys, or
1 space per 2 maximum contemplated number of employees to be
engaged in the outdoor operation, whichever results in the greater
number of spaces.
Junkyards 5 spaces or 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 Offices 6 spaces per 1,000 square feet of GFA.
Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108.
Office-Development 4 spaces per 1,000 square feet of GFA
Office-General 3 stories or lower: 4 spaces per 1,000 square feet of GFA.
More than 3 stories: 3 spaces per 1,000 square feet of GFA.
52
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Oil Production 2 spaces per well.
Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any
accessory building, whichever is greater, plus spaces required for
service vehicles.
Personal Services–General 4 spaces per 1,000 square feet of GFA.
Personal Services–
Restricted
4 spaces per 1,000 square feet of GFA.
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 access-ways.
Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of more
than 3 stories.
Recreation–Commercial
Indoor
Amusement Arcades: requires parking demand study per paragraph
18.42.040.010.0108.
Billiard Halls: 2 spaces per billiard table, plus required spaces for
other uses within the facility.
Bowling Alleys: 6 spaces per bowling lane.
Racquetball Facilities: 5 spaces per court.
Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA.
Other Uses: Requires parking demand study per subsection
18.42.040.010.0108.
Recreation–Commercial
Outdoor
Miniature Golf Course: 20 spaces per course, plus 1 per each
employee.
Other Uses: requires parking demand study per paragraph
18.42.040.010.0108.
Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.0108.
Recreation–Swimming &
Tennis
Swimming Facilities: requires parking demand study per paragraph
18.42.040.010.0108.
Tennis Courts: 5 spaces per court.
Recycling Services–
Consumer
None (spaces are required for host use(s) only).
Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA.
Recycling Services–
Processing
1.55 spaces per employee.
Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of more
than 3 stories.
Restaurants–General 20 seats or less: 5.5 spaces per 1,000 square feet of GFA.
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
Restaurants–Full Service Stand alone: 15 spaces per 1,000 square feet of GFA
Restaurants within a Commercial Retail Center-Small: 8 spaces per
1,000 square feet of GFA
Restaurants within a Commercial Retail Center-Large: See parking
requirements for Commercial Retail Center-Large
53
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Restaurants–Outdoor
Dining
Same requirements as above for Restaurants-General and
Restaurants-Full Service
Retail Sales–General General: 4 spaces per 1,000 square feet of GFA.
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.
Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses,
excluding parking areas and vehicular access-ways, or 0.5 space per
each employee engaged in the outdoor operation, whichever results
in a greater number of parking spaces.
Retail Sales–Used
Merchandise
4 spaces per 1,000 square feet of GFA for first 100,000 square feet.
Self-Storage Facilities Requires parking demand study per paragraph 18.42.040.010.0108.
Senior Living Facilities
(Large)
0.8 space per bed
Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of
GFA.
Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of
GFA.
Smoking Lounges 17 spaces per 1,000 square feet of GFA.
Sober Living Homes
(Large)
0.8 space per bed
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 Office: 4 spaces per 1,000 square feet of GFA.
Indoor Storage Area: 1.55 spaces per 1,000 square feet of GFA.
Outdoor Storage Area: 0.4 spaces per 1,000 square feet of outdoor
storage areas (excluding vehicle access-ways)
Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108.
Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus
4 spaces per 1,000 square feet of office use, plus 5.5 square feet per
1,000 square feet of building GFA for parts, sales, storage and repair
use.
Utilities–Major Requires parking demand study per paragraph 18.42.040.010.0108.
Utilities–Minor None required.
Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Warehousing & Storage–
Enclosed
Buildings with 100,000 square feet or less of GFA: 1.55 spaces per
1,000 square feet of GFA, which may include a maximum of up to
10% office space
Buildings with more than 100,000 square feet of GFA: 1 space per
1,000 square feet of GFA, 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%.
Warehousing & Storage–
Outdoors
0.4 spaces per 1,000 square feet of outdoor storage area (excluding
vehicle access-ways), plus 1.55 spaces per 1,000 square feet of GFA,
which may include a maximum of up to 10% office space; if the
percentage of office space exceeds 10% of the GFA, 4 spaces per
54
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
1,000 square feet of GFA for the floor area of office space in excess
of 10%.
Wholesaling Buildings with 100,000 square feet or less of GFA: 1.55 spaces per
1,000 square feet of GFA.
Buildings with more than 100,000 square feet of GFA: 1 space per
1,000 square feet of GFA.
SECTION 22. That Section 18.92.050 (“B” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.050 "B" WORDS, TERMS AND PHRASES.
"Bar.” An establishment, other than a cocktail lounge, wherein the primary use is
the sale of alcoholic beverages for consumption on the premises, with or without food service,
from which minors are excluded by law, and which requires a “public premises”-type license
issued by the California Department of Alcoholic Beverage Control, and where no cover
charge or admittance fee is charged to patrons.
"Basement.” An area of building designed for occupancy or use with the ceiling
located entirely at or below the finished grade of the land.
"Bed and Breakfast Inn.” See Chapter 18.36 (Types of Uses).
"Bedroom.” A private habitable room planned or used for sleeping, separated from
other rooms by a door or similar partition, except as provided herein. All rooms (other
than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer,
closet, pantry, or utility room) having seventy (70) square feet or more of floor area, or less
than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway,
shall be considered a bedroom.
“Beer” means any alcoholic beverage obtained by the fermentation of any infusion
or decoction of barley, malt, hops, or any other similar product, or any combination thereof
in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but
does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel
previously used to contain wine or distilled spirits shall be defined exclusively as “beer”
and shall not be considered a dilution or mixture of any other alcoholic beverage.
“Beer manufacturer” means any person licensed by the Department of Alcoholic
Beverage Control of the State of California that has facilities and equipment for the
purposes of, and is engaged in, the commercial manufacture of beer.
“Block.” All property fronting upon one side of a street between intersecting
streets, or between a street and right -of-way, waterway, terminus of a dead-end street or
city boundary.
“Brandy manufacturer” means any person licensed by the Department of Alcoholic
Beverage Control of the State of California that is engaged in the manufacture of brandy
only and not in the manufacture of any other distilled spirits.
“Building.” A permanently located structure having a roof (all forms of vehicles,
even if immobilized, are excluded).
“Building, Main.” A building within which is conducted the principal use
permitted on the lot as provided by this title.
“Building, Height.” See “Height, Structural.”
55
“Building Site.” The ground area of one (1) or more lots, as defined herein, when
used in combination for a building or permitted group of buildings, together with all open
spaces as required by this tit le.
“Business.” The purchase, sale or other transaction involving the handling or
disposition of any article, substance or commodity for livelihood or profit; or the
management of office buildings, offices, recreational or amusement enterprises; or the
maintenance and use of offices, structures and premises by professions and trades rendering
services.
SECTION 23. That Section 18.92.060 (“C” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.060 "C" WORDS, TERMS AND PHRASES.
“California Massage Therapy Council” or “CAMTC”. The non-profit organization
established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600
et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a
statewide basis pursuant to Business and Professions Code Section 4600(g).
“CAMTC Certificate”. A Massage Practitioner or Massage Therapist certificate issued by
the California Massage Therapy Council.
“Canopy”. A freestanding, roof-like structure without enclosing walls, supported by
columns, poles or braces extending from the ground.
“Carnival”. A temporary o rganized program for entertainment or exhibition. The event is
typically operated by an organization whose primary business is to operate the entertainment such
as rides or amusement games. Festivals are also included.
“Carport”. A permanently roofed structure with not more than two (2) enclosed sides,
used, or intended to be used, for automobile shelter and storage.
“Chair Massage”. A massage as defined in Section 18.92.160, where the patron is fully
clothed and in a public or semi-public area while receiving the massage, and where the external
parts of the body which are massaged are limited to the head, neck, back and/or arms.
“Chief of Police”. The Chief of Police of the City of Anaheim, or his/her designated
representative.
“Child Day Care Center, Preschool and Nursery”. An establishment or home (other than
a large family day care home or a small family day care home, as defined in this title) which
provides care, protection and supervision to children, for periods of less than twenty-four (24)
hours per day, while the parents or guardians of such children are away.
“City”. The City of Anaheim.
“City Council”. The Cit y Council of the City of Anaheim.
“City Manager”. The City Manager of the City of Anaheim, or his/her designated
representative.
“Club”. An association of persons for some common nonprofit purpose, but not including
groups organized primarily to render a service that is customarily carried on as a business.
“Commercial Retail Center”. Any combination of two (2) or more commercial uses or
commercial businesses, otherwise permitted or conditionally permitted in the zone in which they
are located, and which the uses or businesses are either: (i) located on a single parcel of property;
(ii) constructed as a single development project; or (iii) result from a remodeling, partitioning or
other division of space in a building, business or use on a single parcel of property.
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“Commission”. The Planning Commission of the City of Anaheim, unless some other
commission is specifically mentioned.
“Computer”. Any electronic device designed or intended to access the Internet, or for
interconnection with other devices for playing electronic games.
“Computer Rental/Internet Amusement Business”. A business establishment which, for
compensation, provides for public use of computers or electronic communication devices, to which
computers are connected, for the purpose of providing its patrons with access to the Internet, e-
mail, video games played over the Internet or other computer game software, whether or not said
computer activity constitutes the primary use of the premises. Establishments commonly known
variously as PC (personal computer) cafes or zones, Internet cafes or zones, cyber cafes or cyber
centers or similar descriptions or uses are expressly included within the foregoing
definition. Educational institutions and child day care centers, preschools and nurseries, as said
terms are defined in Chapter 18.92 of this Code, are not included.
“Condominium”. An estate in real property, consisting of an undivided interest in common
in a portion of real property, together with a separate interest in space in a residential, industrial or
commercial building on such real property, as defined in California Civil Code Section 1351.
“Condominium Hotel”. A building or group of buildings containing residential
condominium units which are owned by individual investors and may be made available for rental
as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the
covenants, conditions, and restrictions of the condominium development.
“Convenience Stores”. A market or grocery store having an enclosed gross floor area of
less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of
prepackaged food items, and secondarily in a limited range of household items, magazines, off-
sale alcoholic beverages and similar items. Food items may be cooked or heated, but not
consumed, on the premises.
“Conviction” or “Convicted”. A plea or verdict of guilty or a conviction following a plea
of nolo contendere.
“Coop”. A place of confinement, usually in the form of a cage or small enclosure, used in
conjunction with the keeping of animals.
“Corral”. A yard that is enclosed to adequately confine animals.
“Cover Charge”. An admission fee imposed upon patrons, including advanced prepayment
for meals and similar fees.
“Crib Walls”. A wall constructed of individual, but often interlocking, timber or precast
concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often
including space for the planting of creeping and/or cascading foliage.
“Customer Area”. Any area open to customers of the establishment.
SECTION 24. That Section 18.92.070 (“D” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.070 "D" WORDS, TERMS AND PHRASES.
“Dance–One-Day.” A dance open to the public for an admittance fee or charge
which is held on one day only. The dance is typically held in locations that have space for
rent such as a banquet hall or hotel.
“Dance Venue.” A place open to the public upon the payment of an admittance
fee, wherein music is provided and people are allowed to dance, which is open at regular
intervals or on regular days of the week.
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"Delicatessen.” A store where ready-to-eat food products or delicacies, such as
cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for
consumption either on or off the premises.
"Density.” The number of dwelling units per acre of land, including the area used
for open space, recreational uses, and accessory uses associated with the residential use, but
excluding public and private streets, public and private easements for ingress and egress, and
any area used for non-residential purposes.
“Distilled spirits” means an alcoholic beverage obtained by the distillation of
fermented agricultural products, and includes alcohol for beverage use, spirits of wine,
whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.
“Distilled spirits manufacturer” means any person licensed by the Department of
Alcoholic Beverage Control of the State of California who produces distilled spirits from
naturally fermented materials or in any other manner.
“Dormitory.” A facility used principally for sleeping accommodations where
such facility is related to an educational or public institution, including religious institutions.
"Driveway.” A private roadway used exclusively for providing ingress and egress
to a parking space, garage, dwelling or other structure; a “Driveway” does not include space
for the parking of vehicles or the storage of materials.
"Dwelling.” A building, or portion thereof, designed exclusively for residential
purposes, including single-family and multiple-family dwellings, but not including hotels,
motels, boarding houses.
"Dwelling Unit.” One (1) or more rooms in a dwelling, designed for occupancy
by one family for living and sleeping purposes, and having only one (1) kitchen.
"Dwelling, Multiple-Family.” See Chapter 18.36 (Types of Uses).
"Dwelling, Single-Family Attached.” See Chapter 18.36 (Types of Uses).
“Dwelling, Single-Family Detached.” See Chapter 18.36 (Types of Uses).
SECTION 25. That Section 18.92.090 (“F” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.090 "F" WORDS, TERMS AND PHRASES.
“Family.” An individual or a collective body of persons, living together as a single
housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic
bond of social, economic and psychological commitments to each other, as distinguished fro m
a group occupying a Boarding House, club, fraternity, sorority, Hotel, Motel, or any
Community Care Facilities – Licensed, Community Care Facilities – Unlicensed, Sober Living
Homes, Alcoholism or Drug Recovery or Treatment Facilities or Senior Living Ho mes that
require a regulatory permit or a conditional use permit.
“Family Day Care.” Regularly provided care, protection and supervision of
fourteen (14) or fewer children, in the provider’s own home, for periods of less than 24 hours
per day, while the parents or guardians of such children are away. The term “Provider,” as used
herein, means a person who operates a “Family Day Care” home and is licensed or registered
pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of
the California Health and Safety Code.
“Family Day Care Home, Large.” A home, located in a single-family dwelling in a
residential zone, which provides family day care to nine (9) to fourteen (14) children, including
children who reside at the home, as defined in regulations of the California Department of
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Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large
Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations).
“Family Day Care Home, Small.” A ho me, located in a single-family dwelling in a
residential zone, which provides family day care to eight (8) or fewer children, including
children who reside at the home, as defined in regulations of the California Department of
Social Services.
“Fences, Walls, Hedges and Berms.” A continuous barrier (including gates) which
separates, screens, encloses or marks a boundary of a property or development. The term
“Continuous Barrier,” as used herein, includes: any masonry or rock wall; any wood, iron,
steel, pla stic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any
shrubbery, landscaping and/or trees that have grown together such that they completely
separate, screen or enclose a property or development; any landscaped earthen berm; and any
natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to
mark a boundary within or around a property.
“Figure Model.” Any person, male or female, either nude or semi-nude, who is to
be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to
lawful tactile conduct.
“Figure Model Studio.” Any premises where there is conducted the business of
furnishing, providing, or procuring male or female persons in the nude or semi-nude to be
either v iewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful
tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for
any of those services.
“Fireworks”. Those fireworks that are defined and classified as Safe and Sane
Fireworks (also known as “state-approved fireworks”") in Sections 12529 and 12562 of the
Health and Safety Code of the State of California and the relevant sections of Chapter 6, Title
19, California Code of Regulations), or any successor provision thereto, subject to regulation
by the City Council.
“Floodplain.” Area susceptible to flooding, defined as the “regulatory floodway”
and designated as a “special flood hazard area” (subject to a one percent (1%) or greater chance
of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated
by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area.
“Floor Area, Gross.” The sum of the horizontal areas of each floor of a bu ilding,
measured from the interior faces of the exterior walls or from the centerline of walls separating
two (2) buildings, but not including underground parking, uncovered steps or exterior
balconies.
“Floor Area, Livable.” The sum of the horizontal areas of each floor of an
individual residential dwelling unit, measured from the exterior faces of the exterior walls or
from the centerline of walls separating two (2) dwelling units, but not including floors that are
not capable of containing a habitable ro om or areas used, or designed to be used for, enclosed
parking.
“Floor Area Ratio.” The gross floor area of all buildings and structures on the lot,
excluding parking structures, but including covered storage areas, divided by the total lot area.
“Fortunet elling.” A business involving fortunetelling. The term “fortunetelling”
shall mean the telling of fortunes, forecasting of futures, or furnishing any information not
otherwise obtainable by the ordinary processes of knowledge, by means of any occult or
psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits,
mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading,
telepathy, or other similar practice, craft, art, science, cards, talisman, c harm, potion,
magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or
59
engaging in, practicing or carrying on any art, profession or business, the advertisement and
practice of which is regulated by this chapter.
SECTION 26. That Section 18.92.150 (“L” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.150 "L" WORDS, TERMS AND PHRASES.
“Landing.” A platform without a roof, situated between flights of stairs, or at the
head or foot of a flight of stairs.
“License Collector.” The License Collector of the City of Anaheim, or his/her
designated representative.
“Liquor Store.” A retail establishment in which the primary use is the sale of
alcoholic beverages for off-premises consumption.
“Living Area.” The area within a single-family house, excluding the attic,
basement and garage.
“Loading Space.” An off-street space on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials.
“Lot.” (1) A parcel of real property shown as a delineated parcel of land, with a
number or other designation, on a plat recorded in the Office of the County Recorder of Orange
County, on or before November 25, 1975; or (2) a parcel of real property, lawfully created, not
delineated as in (1) above, and except as provided for in Section 18.10.120 (Street
Frontage/Land Subdivision) abutting at least one public street, private street with direct legal
vehicular access to a public right-of-way, or alley, and held under separate ownership from
adjacent property prior to November 25, 1975; or (3) a parcel of real property, lawfully created,
not delineated as in (1) above, and containing an area not less than the prescribed minimum
square footage and lot width required for the zone in which it is located, and abutting at least
one public street, private street with direct legal vehicular access to a public right-of-way, or
alley, if the same was a portion of a larger piece of unsubdivided real property held under
single o wnership prior to November 25, 1975.
“Lot Area.” The total horizontal area within the boundary lines of a lot.
“Lot, Corner.” A lot situated at the intersection of two (2) or more streets, having
an angle of intersection of not more than one hundred thirty-five (135) degrees.
“Lot Coverage.” The percentage of the lot covered by buildings or structures,
including all covered parking spaces, but not including walkways and driveways; swimming
pools and semi-enclosed patio structures are not included in single-family residential zones;
and recreational-leisure buildings and facilities are not included in multiple-family residential
zones.
“Lot, Depth.” The depth of a lot shall be the horizontal length of a straight line,
connecting the bisecting points of the front and the rear lot lines.
“Lot, Flag.” A lot with vehicular access provided from the street to the bulk of the
lot by means of a narrow corridor.
“Lot Frontage.” The property line or lines of a lot that abut a public or private street
or other recorded vehicular accessway.
“Lot, Interior.” A lot other than a corner lot.
“Lot, Key.” The first lot to the rear of a reversed corner lot, whether or not
separated by an alley.
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“Lot Line, Front.” In the case of an interior lot, a line separating the lot from the
public right -of-way (excluding alley); in the case of a corner lot, the line separating the
narrowest street frontage from a public right-of-way.
“Lot Line, Rear.” A lot line that is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line in the case of an irregular, triangular or gore-
shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot
line, and at right angles to the line comprising the depth of such lot, shall be used as the “Rear
Lot Line.”
“Lot Line, Side.” Any lot boundary line not a front lot line or a rear lot line.
“Lot, Reversed Building Frontage.” A corner lot in a single-family residential zone,
on which the dwelling is constructed so as to front onto the street lot line with the longest street
frontage.
“Lot, Reversed Corner."” A corner lot, the side street line of which is substantially
a continuation of the front lot line of the corner upon which it rears.
“Lot, Through.” A lot having frontage on two (2) parallel or approximately parallel
streets.
“Lot Width.” The horizontal distance between the side lot lines, measured at the
front setback line.
SECTION 27. That Section 18.92.210 (“R” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.210 "R" WORDS, TERMS AND PHRASES.
"Recreational Facilities." A facility used for the refreshment of body and mind
through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf
driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools,
saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a
computer rental/Internet amusement business as defined in this chapter.
"Recreational Vehicle." Any vehicle defined by the California Health and Safet y
Code Section 18010. Recreational Vehicles include boats, personal water craft, off-road
vehicles, and trailers.
"Recreational Vehicle Park." Any area or tract of land where space is rented to
accommodate one or more automobile trailers, including any van, camper, recreational vehicle
or other vehicle used or designed for use as lodging or sleeping accommodations.
"Regional Shopping Center." A retail shopping area consisting of a group of retail
and other commercial businesses designed, developed and managed as an integrated entity,
that provides a wide range and variety of general merchandise and services, and is intended to
attract shoppers from more than one city.
"Residential Zone." Any Zone, Overlay Zone or Specific Plan Development Area
that permits Dwellings, Multiple-Family; Dwellings, Single-Family Attached; and/or,
Dwellings Single-Family Detached by right or by conditional use permit; and, the Mobile
Home Park Overlay (MHP) Zone.
"Resolution of Intent." A resolution to reclassify property from one zone to another
that has been approved by the Planning Commission or City Council, but in connection with
which an ordinance has not been adopted on by the City Council; a "Resolution of Intent" does
not establish any vested rights in the reclassification.
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"Responsible Employee." The person(s) designated by the Operator of the Massage
Establishment to act as the representative or agent of the Operator in conducting day-to-day
operations. A Responsible Employee may also be an owner.
"Restaurant." An establishment that is engaged primarily in the business of
preparing and serving meals for immediate consumption, either on or off the premises. The
term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum
of sixty percent (60%) of the gross income from the establishment's business operations. The
food preparation or kitchen area for a restaurant shall be permanently designed for food
preparation and food storage purposes, and shall constitute not less than twenty percent (20%)
of t he gross floor area of the restaurant, including outdoor dining areas. No admission fee,
cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons
as a condition of entry to the premises.
"Restaurant, Drive-In." A restaurant where provision is made for vehicles to park
on the premises, and food is ordered from and served directly to patrons in the vehicle for
consumption by patrons in vehicles while they are parked on the premises.
"Restaurant, Drive-Through." A restaurant where provision is made for one (1) or
more drive -through lanes for the ordering and serving of food to patrons in vehicles for
consumption at a separate location, either on or off the premises.
"Restaurant, Enclosed." A restaurant in which the preparation, service and
consumption of meals is conducted entirely within a building.
"Restaurant, Fast Food." A restaurant where food is customarily ordered by patrons
at a counter located inside the building with tables and seating for more than twenty (20)
patrons.
"Restaurant, Full Service." A restaurant 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 this chapter.
"Restaurant, Outdoor Dining." A restaurant in which the activity of preparing and
serving meals is conducted mainly within an enclosed building, and which provides an outdoor
dining area as defined in this chapter.
"Restaurant, Take-Out." A restaurant where food is prepared on the premises and
customarily ordered by patrons, while standing at a window or counter located inside the
building, regardless of the manner in which said food is thereafter served or whether said food
is consumed on or off the premises, and which may provide an indoor and/or outdoor seating
area having a cumulative maximum total of not more than twenty (20) seats in an area
proportional to the number of tables and seats.
"Restaurant, Walk -Up." A restaurant where food is prepared on the premises, and
service to the customer is by means of a window or opening to the outside of the building, at
which the customer places and receives an order, which may be consumed on the premises.
"Restaurant, With Accessory Entertainment." A restaurant, with or without on-
premises sale and consumption of alcoholic beverages, wherein music and/or live
entertainment is provided for patrons to dance or otherwise be entertained, which is regularly
open t o the public without the payment of a cover charge or admittance fee, and is not a sex-
oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses). Entertainment is,
and shall at all times be, accessory to the primary restaurant use. No admission fee, cover
charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a
condition of entry to the premises.
"Restaurant, With On-Premises Sale and Consumption of Alcoholic Beverages." A
restaurant, either enclosed or with o utdoor dining, where alcoholic beverages are sold to and
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consumed by patrons upon the premises, either within an accessory cocktail lounge or in a
designated dining area, in conjunction with the serving and consumption of a meal. Said
establishment shall have, and maintain all requisite permits and approvals from and as required
by the California Department of Alcoholic Beverage Control, and shall meet the requirements
of a bona fide eating place as defined by Section 23038 of the California Business and
Professions Code, and any successor provision thereto, and the definition of a restaurant as set
forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to
the primary restaurant use.
"Right -of-Way." A strip of land used or intended to be used for transportation
purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for
water, wastewater, telecommunications, electricity or natural gas.
"Room, Habitable." A space in a structure and designed or used for living, sleeping,
eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and
similar areas are not considered habitable rooms.
SECTION 28. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.220 "S" WORDS, TERMS AND PHRASES.
"Schools, Elementary, Junior High and High." An institution of learning which offers
instruction in the several branches of learning and study required to be taught in public schools by
the California Education Code.
"Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of
age or older in a senior citizen housing development.
"Senior Citizens' Apartment Project." An apartment project approved pursuant to the
provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each
dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with
the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's
dwelling unit" in covenants recorded against the property, which unit may be occupied by a
resident manager and his or her family, regardless of their ages.
"Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment
project, as the term is defined in this section, which also provides nursing, dietary and other
personal services to residents.
"Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment
project, with the exception of the resident manager's dwelling unit, if any.
"Senior Citizen Housing Development." A residential development developed,
substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five
(35) dwelling units, as defined in California Civil Code Section 51.3.
"Senior Second Unit" or "Granny Unit." An Acc essory Dwelling Unit that does not meet
the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling
Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom
are sixty-two (62) years of age or over.
"Service Station." A retail place of business engaged primarily in the sale of motor fuels,
and incidentally supplying goods and services required for the operation and maintenance of
automotive vehicles.
"Setback, Required." The minimum dimension between a structure and the adjacent public
right -of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle
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accessway easement, excluding private driveways; or any railroad or any riding and hiking trail
easement; or any interior property line.
"Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse
building frontage of a normal corner lot, which extends from the rear property line to the front
setback line.
"Single Housekeeping Unit." A non-transient group of persons jointly occupying a single
dwelling unit, including the use of common areas, for the purpose of sharing household activities
and responsibilities such as meals, chores and expenses. If the dwelling is rented, each adult
resident is named on and is a party to a single written lease that gives each resident joint use and
responsibility for the premises. The membership of the household is determined by the residents,
not by a landlord, property manager or other third party. Other typical factors that indicate a
household operating as a Single Housekeeping Unit may include, but not limited to, the following:
the residents do not have separate and private entrances from other residents; the residents do not
have a separate secured food facilities such as separate refrigerators or food-prep areas; the
household is strictly resident -run; there is no care or supervision provided by a third-party or a
paid resident/house manager at the dwelling unit or on the propert y.
"Smoking Lounges." A business establishment that is dedicated, in whole or part, to the
smoking of tobacco or other substances, including but not limited to establishments known
variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars.
"Special Event." A special event is any event, promotion or sale sponsored by a business,
shopping center or organization which is held outside the confines of a building, whether or not a
business license is required, and which may include (or be limited to) the outdoor display of
merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games,
booths or similar amusement devices, whether or not a fee or admission is charged for such event.
"Stable, Private." A structure o r accessory building for the keeping of animals owned by
the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A
stable may or may not include a corral.
"Stable, Public." A stable other than a private stable.
"Story." That portion of a building included between the surface of any floor and the
surface of the floor next above it or, if there is no floor above it, then the space between the floor
and the ceiling above it; provided that, where maximum building height is specified in this title in
terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet
for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet
for any two and one-half (2 -1/2)-story building, and seventy-five (75) feet for any six (6)-story
building.
"Street." A public or recorded private thoroughfare that affords primary means of access
to abutting property.
"Street Line." The boundary line between a street and abutting property.
"Street Side." That street bounding a corner lot, and which extends in the general direction
as the line determining the depth of the lot.
"Structure." Anything constructed or erected, which requires location on the ground, or
attachment to something having a location on the ground.
"Structural Alterations." Any change in the supporting members of a building, such as
foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in
roof or exterior lines.
"Studio Unit." A dwelling unit without a bedroom.
SECTION 29. That Table 116-C (Primary Uses and Structures: C-R District (Development
Area 1)) of Chapter 18.112 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and
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Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Agricultural crops P
Alcoholic Beverage
Manufacturing
P/C Subject to Section 18.38.025
Alcoholic Beverages –
Off-Sale
N Except as permitted subject to Section 18.116.070.090 or as an
accessory use incidental to and integrated within a hotel or motel.
Alcoholic Beverages –
On-Sale
P
Alcoholism or Drug Abuse
Recovery or Treatment
Facilities (Large)
N
Ambulance Services N
Amusement parks, theme-type
complexes, aviaries, zoos
C Such uses may include the keeping of animals or birds used in the
operation of the facility, provided that such animals or birds shall
be maintained in physical confinement sufficient to prohibit the
movement of said animals or birds upon any real property not
owned or under the lawful possession or control of the person or
entity owning or controlling said animals or birds. Further, no
animals or birds shall be confined closer than forty (40) feet from
any building used for human habitation, including hotel or motel
rooms, and no closer than forty (40) feet from any property line.
Conditional use permits for the keeping of animals and birds shall
specify the maximum number and type of animals and birds
permitted. An y increase in the number and/or variations in the type
of animals and birds kept shall require either an amendment to said
conditional use permit or a new conditional use permit.
Animal Boarding C No animals or birds shall be confined closer than forty (40) feet
from any building used for human habitation, including hotel or
motel rooms, and no closer than forty (40) feet from any property
line. Conditional use permits for the keeping of animals and birds
shall specify the maximum number and type of animals and birds
permitted. Any increase in the number and/or variations in the type
of animals and birds shall require either an amendment to said
conditional use permit or a new conditional use permit.
Animal Grooming N
Antennas – Broadcasting C
Antennas –
Telecommunications
T Stealth facilities integrated within a building are permitted subject
to Section 18.38.060 and Section 18.62.020.
Freestanding ground-mounted facilities including stealth facilities
are not permitted.
Automated Teller Machines
(ATM’s)
P Shall be located wholly within a building or within a hotel complex
in a location not visible from the public right-of-way. Subject to
Section 18.36.040.
Automotive – Vehicle Sales,
Lease & Rental
N/C Car sales are prohibited. Automotive – Rental not otherwise
permitted by Table 116-D requires a conditional use permit.
Automotive –Parts Sales N
Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted
by Table 116-D.
65
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Automotive – Repair and
Modification
N
Automotive – Service Station C Subject to requirements of Section 18.38.070 (Automotive Service
Stations) and subsection 18.116.070.090.
Automotive – Washing C In conjunction with an Automotive – Service Station only.
Bars & Nightclubs C
Bed and Breakfast Inns N
Beekeeping N
Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to
Signs).
Boat and RV Sales N
Boarding House N
Building and Material Sales N
Cemeteries N
Commercial retail centers N Including commercial retail centers, strip shopping centers, mini-
malls and other shopping centers not in conformance with the
requirements of a Specialty Center, as defined in Section
18.116.030 (Definitions) and detailed within this table (Table 116-
C).
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Community and Religious
Assembly
C
Computer Internet &
Amusement Facilities
N
Convalescent & Rest Homes N
Convenience Stores N Except as allowed by Section 18.116.070.090.
Conversion of hotels or motels
to semi-permanent or
permanent living quarters
N Except a caretaker/manager unit may be provided as specified in
Table 116-D, or vacation ownership resorts as detailed within this
table (Table 116-C) “Vacation Ownership”.
Dance & Fitness Studios –
Large
N
Dance & Fitness Studios –
Small
N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel
Day Care Centers P/C Permitted by right as an accessory use incidental to and integrated
within a hotel or motel; permitted by CUP as a primary use
Drive-Through Facilities N
Dwelling units N Single-family or multiple-family, except caretaker/manager units
allowed as an accessory use integrated within a hotel, motel or
vacation ownership resort.
Educational Institutions –
Business
C
Educational Institutions –
General
C
Emergency Medical Facilities C
Entertainment Venue C
Equipment Rental –
Large
N
66
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Equipment Rental -
Small
N
Golf Courses & Country
Clubs
C
Headshop N
Heliport N As defined in Chapter 18.92 (Definitions).
Helistop C As defined in Chapter 18.92 (Definitions) shall be located a
minimum of one thousand (1,000) feet from any residentially zoned
property.
Hotels and motels located
north of Orangewood Avenue
P Including suite type hotels
Hotels and motels located
south of Orangewood
C Including suite type hotels
Hospitals N As defined in Chapter 18.92 (Definitions).
Markets – Large N
Markets – Small N
Medical & Dental Offices N
Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile
Home Park (MHP) Overlay) for parcels encompassed by the MHP
Overlay as identified on Exhibit 3.3.2a of the Specific Plan
document (Mobile Home Park (MHP) Overlay Zone). Expansion
of existing facilities to increase the number of mobile homes or
mobile home spaces is prohibited.
Mortuaries N
Nonconforming Structures
and Uses – Expansion of
nonconforming uses and
structures
C Provided that the expansion brings the use and/or structure into
greater conformity with the intent of the Specific Plan.
Nonconforming Structure –
Facade improvements not
exceeding 5% of the building
floor area
P Provided that the improvements are in substantial conformance
with the building envelope, do not adversely impact any adjacent
parcels and are in conformance with the Design Plan.
If the Planning Director determines that adverse impacts would
occur from the improvements or if the improvements are not in
substantial conformance with the building envelope, the plans shall
be referred to the Planning Commission as a conditional use permit.
Nonconforming Structure –
Facade improvements
exceeding 5% of the building
floor area
C
Nonconforming Structure –
Office uses in a legal
nonconforming building
C
Non -publicly operated
convention centers
C Including exhibition halls and auditoriums
Offices – Development C Office buildings when accessory to, and integrated as part of, an on-
site permitted primary or when located in a legal nonconforming
building.
Offices – General C Office buildings when accessory to, and integrated as part of, an on-
site permitted primary or when located in a legal nonconforming
building
Oil Production N
67
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Outdoor storage yards N Except as otherwise permitted in this Zone
Personal Services – General N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel
Personal Services – Restricted N
Plant Nurseries N
Public Services C
Recreation – Billiards C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Commercial
Indoor
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Commercial
Outdoor
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Low Impact C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Swimming &
Tennis
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreational vehicle and
campsite parks
C Limited to use for short-term visits, not to exceed 30 days in any
calendar year, by tourists and visitors.
Recycling Services – General N
Recycling Services –
Processing
N
Repair Services – General N
Repair Services – Limited N
Research & Development N
Restaurants – General P Enclosed and with outdoor dining
Restaurants – Drive-through N
Restaurants with accessory
entertainment with cover
charge
C Pursuant to and as defined in Chapter 18.92 (Definitions)
Retail Sales – General N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel or subject to the requirements for a specialty
retail center
Retail Sales – Kiosk N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel or as part of a conditional use permit for a
specialty retail center
Retail Sales – Outdoor N
Retail Sales – Used
Merchandise
N
Senior Living Facilities
(Large)
N
Sober Living Homes (Large) N
Self Storage N
Sex-oriented businesses N As defined in Chapter 18.92 (Definitions)
68
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Specialty retail centers C Where all good and services are oriented, marketed and intended
for tourist, visitor and/or recreational consumers and not oriented to
the general public. Such centers shall
(a) Consist of a minimum of five (5) acres;
(b) Have integrated management;
(c) Have a “festive theme” orientation;
(d) Plazas and/or other pedestrian-oriented amenities shall be
part of the center’s design as set forth in the Design Plan; and,
(e) Land uses may include, but need not be limited to: custom
print and art shops; souvenir, gift, and/or novelty shops; toy shops;
hobby shops; photo supply shops; clothing stores; confectionery
shops, including candy stores, ice cream parlors, baked goods (e.g.,
cookies, muffins, etc.) for on-premises sale or consumption; floral
shops; luggage and accessory shops; jewelry stores; sale of beer and
wine for off-premises consumption; sale of alcoholic beverages for
on -premises consumption; entertainment facilities; and amusement
arcades, subject to the provisions of Section 18.16.050 (Amusement
Devices). A complete listing of proposed uses shall be submitted
with every conditional use permit application.
Structures – Height exceeding
1/2 the distance from the
building or structure to a
single- family, multi-family
and/or MHP Overlay zone
boundary.
C Structures within one hundred and fifty (150) feet of any single-
family residential zone boundary (other than property under a
resolution of intent to any commercial zone), or, for property
located south of Orangewood Avenue, within one hundred and fifty
(150) feet of any multi-family residential zone boundary (other than
property under a resolution of intent to any commercial zone), or
property within the Specific Plan area encompassed by the MHP
Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP)
Overlay) exceeding a height equal to one-half (1/2) the distance
from said building or structure to said zone or overlay boundary.
Dedicated streets shall be included in calculating distance. Heights
shall not exceed the maximum heights defined in Section 18.40.080
(Structural Height limitation - Anaheim Commercial Recreation
Area).
Structures – Height Limits
exceeding the maximum
heights defined in Section
18.40.080 (Structure Height
Limitation – Anaheim
Commercial Recreation Area).
N
Structures – Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed
building or structure when such building or structure is within one
hundred and fifty (150) feet of any single-family residential zone
boundary (other th an property under a resolution of intent to any
commercial zone), or, for property located south of Orangewood
Avenue, within one hundred and fifty (150) feet of any multi-family
residential zone boundary (other than property under a resolution of
intent to any commercial zone), or property within the Specific Plan
area encompassed by the MHP Overlay as shown on Exhibit 3.3.3
(Mobile Home Park (MHP) Overlay).
Studios – Broadcasting C Including accommodations for filming/taping in front of live
audiences.
69
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Studios – Recording C Including accommodations for filming/taping in front of live
audiences.
Towing Services C Permitted only in conjunction with Automotive – Service Station.
Transitional and Supportive
Housing
N
Transportation facility C As defined in subsection 18.116.030.080 (‘T’ Words, Terms and
Phrases) of this chapter.
Truck Repair & Sales N
Uses or activities not listed N Uses or activities not specifically listed in this chapter which are
inconsistent or incompatible with the intended purpose of the
Specific Plan are prohibited.
C Uses or activities not specifically listed or prohibited in this chapter
may be established by conditional use permit when determined by
the Planning Commission to be consistent and compatible with the
intended purpose of the Specific Plan.
Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150
(Requirements for Vacation Ownership Resorts)
Veterinary Services N
Warehousing & Storage –
Enclosed
N
Wholesaling N
SECTION 30. That Table 120-A (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 120-A
PRIMARY USES BY DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
DA-
1
DA-
2
DA-
3
DA-
4
DA-5 DA-
6
Special Provisions
Alcoholism or Drug Abuse
Recovery or Treatment Facilities
(Small)
N N C N N N
Community Care Facilities –
Licensed (Small)
N N C N N N
Community Care Facilities –
Unlicensed (Small)
N N C N N N Subject to §18.38.123
Dwellings–Multiple Family N N C N N N
Dwellings–Single-Family Attached N N C N N N
Dwellings–Single-Family Detached N N N N N N
Mobile Home Parks N N N N N N
70
Table 120-A
PRIMARY USES BY DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
DA-
1
DA-
2
DA-
3
DA-
4
DA-5 DA-
6
Special Provisions
Senior Citizen Housing N N C N N N Senior Citizens’
Apartment projects
subject to Chapter 18.50
Senior Living Facilities (Small) N N C N N N
Sober Living Homes (Small) N N C N N N Subject to §18.38.123
Supportive Housing N N C N N N
Transitional Housing N N C N N N
SECTION 31. That Table 120-B (Primary Uses by Development Area: Non-Residential
Use Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning
and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Agricultural Crops P P N P P P
Alcoholic Beverage
Manufacturing
P/C P/C P/C P/C P/C C Subject to Section 18.38.025
Alcoholic Beverage
Sales–Off-Sale
N N P/C P/C P/C N Permitted without a
conditional use permit in DA
3, DA 4 and DA 5 if use is in
conjunction with Markets–
Large
Alcoholic Beverage
Sales–On-Sale
P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
in conjunction with
Restaurants–Full-Ser vice,
Restaurants–General and
Restaurants–Outdoor Dining
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
N N C C C N
Ambulance Services P P N N C C
Animal Boarding P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
conducted entirely indoors
subject to Section 18.38.270
71
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Animal Grooming P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
conducted entirely indoors
subject to Section 18.38.270
Antennas–Broadcasting P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit if
designed similar to stealth
telecommunications facility,
as defined in Section
18.38.060.030.0312
Antennas–Private
Transmitting
T T T T T T
Antennas–
Telecommunications–
Stealth Building-Mounted
T T T T T T Subject to Sections
18.38.060 & 18.62.020
Antennas–
Telecommunications–
Stealth Ground-Mounted
T T T T T T Subject to Section 18.36.060
Antennas–
Telecommunications–
Ground -Mounted (Non-
Stealth)
N N N N N N
Automated Teller
Machines (ATM’s)
P P P P P P Subject to Section 18.36.040
Automotive–Vehicle
Sales, Lease & Rental
C C C N C N
Automotive–Sales
Agency Office (Retail)
C C C C C N Subject to Section 18.38.065
Automotive–Sales
Agency Office
(Wholesale)
P/M/
C
P/M/
C
P/M/
C
P/M/
C
P/M/
C
P/M/
C
Subject to Section 18.16.055
and Section 18.38.065.
Minor conditional use permit
required for on -site storage,
display or parking of one or
two vehicles being held as
inventory. Conditional use
permit required for on-site
storage, display or parking of
three or more vehicles being
held as inventory
Automotive–Impound
Yards
C C N N N N Subject to Section 18.38.200
Automotive–Public
Parking
P P P P P P
72
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Automotive–Parts Sales P/C P/C N P/C P/C N Permitted without a
conditional use permit when
conducted entirely indoors
Automotive–Repair and
Modification: Major
C C N C C N
Automotive–Repair and
Modification: Minor
M M N M M N
Automotive–Service
Stations
P P C P P N Subject to Section 18.38.070;
In DA-3, must be adjacent on
to both La Palma and Tustin
Avenues
Automotive–Washing C C C C C C
Banquet Halls C C C C C C
Bars & Nightclubs N N C C C N
Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080
Beekeeping C C N N N C
Billboards N N N N N N
Building Material Sales C C N N C N No more than 30% of the
outdoor area, excluding
parking, shall be devoted to
outdoor displays; subject to
Sections 18.38.190 and
18.38.200
Business & Financial
Services
P P P P P N
Boarding House N N C N N N
Cemeteries N N N N N N
Commercial Retail
Centers
N N P/C P/C P/C N Subject to Section 18.38.115;
otherwise, a conditional use
permit is required.
Community Care
Facilities – Licensed
(Large)
N N C C C N
Community Care
Facilities – Unlicensed
(Large)
N N C C C N Subject to §18.38.123
Community & Religious
Assembly
N N C C C N Permitted in DA-1 pursuant
to Conditional Use Permit
No. 2016-05874.
Computer Internet &
Amusement Facilities
N N N N N N
Convalescent & Rest
Homes
N N C C C N
73
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Convenience Stores N N P P P N Subject to Section 18.38.110;
otherwise, a conditional use
permit is required.
Dance & Fitness Studios–
Large
N N P P P N
Dance & Fitness Studios–
Small
N N P P P N
Day Care Centers P/C P/C P/C P P N Permitted without a
conditional use permit in
DA-1, DA-2 and DA-3 if
integrated within a multi-
tenant office building as an
accessory use to serve office
tenants.
Drive-Through Facilities N N P/C P/C P/C N Permitted without a
conditional use permit as an
accessory use if in
conjunction with Business
and Financial Services as the
primary use
Educational Institutions–
Business
P P P P P N
Educational Institutions–
General
N N C C C N
Educational Institutions–
Tutoring
N N P P P N Subject to Section
18.36.040.050
Emergency Shelters (50
of fewer occupants)
P P N N N N Subject to Section 18.38.125
Emergency Shelters
(more than 50 occupants)
C C N N N N Subject to Section 18.38.125
Entertainment Venue N N C C C N
Equipment Rental–Large P/C P/C N P/C P/C N Permitted without a
conditional use permit if use
is conducted wholly indoors
including storage and display
of equipment
Equipment Rental–Small P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if use
is conducted wholly indoors
including storage and display
of equipment
Golf Courses & Country
Clubs
N N N N N C
74
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Helipads & Heliports P/C P N N C N Requires a conditional use
permit in DA-1 if the use is
located within 1,000 feet
from a residentially-zoned
parcel
Hospitals C C N N C N
Hotels N N C N C N
Industry P P N N M C
Industry–Heavy P P N N N C
Junkyards C C N N N N Subject to Section 18.38.200
Markets–Large N N P P P N
Markets–Small N N P/C P/C P/C N Subject to Section 18.38.155;
otherwise, a conditional use
permit is required
Medical & Dental Offices M M P P P N
Mortuaries C C N N N N
Motels N N C N C N
Offices–Development P P P P P N
Offices–General P P P P P N
Oil Production C C N N N N Subject to Section 18.38.180
Outdoor Storage Yards P/C P/C N N N N Permitted without a
conditional use permit if all
storage is screened from
view; subject to Section
18.38.200, otherwise a
Conditional Use Permit is
required.
Personal Services–
General
N N P/C P/C P/C N Laundromats are subject to
Section 18.38.150;
otherwise, a conditional use
permit is required. Massage
subject to Section 18.16.070
Personal Services–
Restricted
N N C C C N
Plant Nurseries P/C P/C N P/C P/C P/C Subject to Sections
18.38.190, 18.38.200 and
18.38.205; otherwise, a
conditional use permit is
required.
Public Services P P C C C N
Recreation–Billiards N N P/C P/C P/C N Subject to Section 18.38.085;
otherwise, a conditional use
permit is required.
75
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Recreation–Commercial
Indoor
N N C P P N Amusement arcades are
allowed only in conjunction
with a hotel, motel, or a
bowling alley
Recreation–Commercial
Outdoor
N N C C C C
Recreation–Low-Impact P P P P P P
Recreation–Swimming &
Tennis
N N P/C P/C P/C P/C Permitted without a
conditional use permit if use
is conducted wholly indoors
Recuperative
Care/Medical Respite
P/C P/C N N N N Subject to Section 18.38.125
Recycling Services–
General
C P N N N C Subject to Chapter 18.48
Recycling Services–
Processing
P/C P N N N P/C Subject to Chapter 18.48.
Small processing facilities
under 4,000 s.f. that conduct
all work inside are allowed
in DA-1 and DA-6 without a
conditional use permit
Repair Services–General P P P P P N
Repair Services–Limited P P P P P N
Research & Development P P P P P P
Restaurants–Full Service N N P P P N
Restaurants–General C C P P P C Permitted without a
conditional use permit when
a part of an industrial or
office complex of 5 or more
units
Restaurants–Outdoor
Dining
C C P P P C Subject to Section 18.38.220
Retail Sales–General C/N C/N P P P N Permitted by conditional use
permit in DA-1 & DA-2 only
if the retail is industrially-
related or household
furniture occupying a
minimum of 50,000 square
feet of building floor area.
Retail Sales–Kiosks N N M M M C
Retail Sales–Outdoor N N C C C C Subject to Sections
18.38.190 and 18.38.200
Retail Sales–Used
Merchandise
N N P P P N
76
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Self-Storage C C N N N N Subject to Council Policy
No. 7.2
Senior Living Facilities
(Large)
N N C C C N
Sober Living Homes
(Large)
N N C C C N Subject to §18.38.123
Sex-Oriented Businesses P P N N N N Subject to Chapter 18.54
Smoking Lounge N N P/C P/C P/C N Subject to Section 18.16.080;
otherwise, conditional use
permit is required.
Studios–Broadcasting P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if
there is no live audience.
Studios–Recording P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if
there is no live audience.
Towing Services P P N N N N
Transit Facilities C C P C C N
Truck Repair & Sales P P N N C N Subject to Section 18.38.200
Utilities–Major C C C C C C
Utilities–Minor P P P P P P Payphones must be located
on the interior of a building
or attached to the exterior
within 10 feet of the main
building's entrance
Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270;
otherwise, a conditional use
permit is required.
Warehousing & Storage-
Enclosed
P P N N P C
Wholesaling P P N N P C
Wine Bars N N C C C N
SECTION 32. That Table 122-A (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
77
Table 122-A
PRIMARY USES BY
DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-M MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Alcoholism or
Drug Abuse
Recovery or
Treatment
Facilities
(Small)
P P P P N N N N N
Community
Care Facilities –
Licensed
(Small)
P P P P N N N N N
Community
Care Facilities –
Unlicensed
(Small)
P P P P N N N N N Subject to
§§18.16.058 and
18.38.123
Dwellings–
Multiple Family
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
Dwellings–
Single-Family
Attached
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
Dwellings–
Single-Family
Detached
C N N N N N N N N
Mobile Home
Parks
C N N N N N N N N
Senior Citizen
Housing
C C C C N N N N N Senior Citizens'
Apartment projects
subject to Chapter
18.50
Senior Living
Facilities
(Small)
P P P P N N N N N
Sober Living
Homes (Small)
P P P P N N N N N Subject to
§§18.16.058 and
18.38.123
Supportive
Housing
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
78
Table 122-A
PRIMARY USES BY
DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-M MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
require approval of a
CUP
Transitional
Housing
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
SECTION 33. That Table 122-B (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Agricultural Crops N N N N N N N N N
Alcoholic Beverage
Manufacturing
N N P/C P/C P/C P/C N N N Subject to 18.38.025;
Permitted without a
CUP if building is less
than 6,000 square feet
and in the MU-M,
MU-H, N-C or R-C
Alcoholic Beverage
Sales-Off-Sale
N N P/C P/C P/C P/C N N N Permitted without a
CUP if use is in
conjunction with
Markets–Large and in
the MU-M, MU-H, N -
C or R-C
Alcoholic Beverage
Sales-On-Sale
N N P/C P/C P/C P/C N N N Permitted without a
CUP when in
conjunction with
Restaurants-Full-
Service, Restaurants-
Gen eral and
Restaurants-Out door
Dining and in the MU-
M, MU-H, N-C or R-C
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C C N C N
79
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Ambulance Services N N N N C C N C N
Animal- Boarding N N N N P/C P/C N N N Permitted without a
CUP when conducted
entirely indoors subject
to 18.38.270 and in the
N-C or R-C
Animal- Grooming N N P/C P/C P/C P/C N N N Permitted without a
CUP when conducted
entirely indoors,
subject to 18.38.270
and in the MU-M,
MU-H, N-C or R-C
Antennas–
Broadcasting
C C P/C P/C P/C P/C P/C C C Permitted without a
CUP if designed
similar to stealth
telecommunications
facility as defined in
18.38.060.030.0312
and in the MU-M,
MU-H, N-C, R-C or O
Antennas–Private
Transmitting
P C C C N N N N N Subject to 18.38.040
Antennas–
Telecommunications
Ground -Mounted
(Non -Stealth)
N N N N N N N N N
Antennas–
Telecommunications-
Stealth Building-
Mounted
T T T T T T T T T Subject to 18.38.060
and 18.62.020
Antennas–
Telecommunications-
Stealth Ground-
Mounted
N C C C T T T T T Subject to 18.38.060
Automatic Teller
Machines (ATM's)
N N N N P P P P P Subject to 18.36.040
Automotive-Impound
Yards
N N N N N N N N N
Automotive-Parts
Sales
N N N N N N N N N
Automotive-Public
Parking
N N C C C C C C C
Automotive-Repair &
Modification: Major
N N N N C C N N N Allowed with a CUP
only if use is in
conjunction with
Markets-Large and in
the N-C or R-C
Automotive-Repair &
Modification: Minor
N N N N M M N N N Allowed with a MCUP
only if use is in
conjunction with
80
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Markets-Large and in
the N-C or R-C
Automotive-Sales
Agency Office
(Retail)
N N N N N N N N N
Automotive-Sales
Agency Office
(Wholesale)
P P P P P P P N N Subject to 18.16.055
for office use only; no
on -site storage, display
or parking of any
vehicle being held as
inventory
Automotive-Service
Stations
N N N N N N N N N
Automotive-Vehicle
Sales, Lease & Rental
N N N N N N N N N
Automotive-Washing N N N N N N N N N
Bail Bonds N N N N N N N N N
Banquet Halls N N C C C C C C C
Bars and Night Clubs N N C C C C N N N
Bed & Breakfast Inns N N N N N N N N N
Beekeeping N N N N N N N N N
Billboards N N N N N N N N N
Boarding House
N N N N N N N N N
Building Material
Sales
N N N N N N N N N
Business and
Financial Services
N N P P P P P N N Check cashing and bail
bond establishments
are prohibited
Cemeteries N N N N N N N N N
Commercial Retail
Centers
N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Community Care
Facilities – Licensed
(Large)
C C C C C C N C N
Community Care
Facilities –
Unlicensed (Large)
C C C C C C N C N Subject to §18.38.123
Community &
Religious Assembly
N N C C C C C C C
Computer Internet &
Amusement Facilities
N N N N N N N N N
Convalescent & Rest
Homes
N C C C C C C C C
81
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Convenience Store N N C C C C N N N Subject to § 18.38.110;
Only allowed in
conjunction with
Automotive-Service
Stations or if
integrated with a
mixed-use
development; Hours of
operation are limited to
between the hours of
5:00 a.m. and 12:00
a.m.
Dance and Fitness
Studios- Large
N N P P P P P C C
Dance and Fitness
Studios- Small
N N P P P P P P P
Day Care Centers C C C C C C C C C
Drive-Through
Facilities
N N N N P/C P/C P/C N N Hours of operation are
limited to between the
hours of 5:00 a.m. and
12:00 a.m.; Hours of
operation may be
modified with approval
of a CUP in the MU-H
and R-C; Permitted
without a CUP as an
accessory use if in
conjunction with
Business and Financial
Services as the primary
use and in the N-C, R-
C or O
Educational
Institutions-Business
N N P/M P/M P/M P/M P/M P/M P/M Permitted without a
MCUP if the
institution has ten
students or less and in
the MU-M, MU-H, N -
C, R-C, O, S-P, or P-R
Educational
Institutions-General
C C C C C C C C C
Educational
Institutions-Tutoring
N N P P P P P P P
Emergency Shelters N N N N N N N N N
Entertainment Venue N N C C C C N N C
Equipment Rental-
Large
N N N N N N N N N
Equipment Rental-
Small
N N N N N N N N N
Golf Courses &
Country Clubs
N N N N N N N N N
82
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Helipads & Heliports N N N N N N N C N
Hospital N N N N N N N C N
Hotels N N N N/C N N/C N N N Hotels are permitted
by CUP in the MU-H
and R-C.
Industry N N N N N N N N N
Industry-Heavy N N N N N N N N N
Junkyards N N N N N N N N N
Markets-Large N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Markets-Small N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Medical & Dental
Offices
N N P P P P P P P
Medical Marijuana
Dispensaries
N N N N N N N N N
Mortuaries N N N N P P N N N
Motels N N N N N N N N N Motels, including
adaptive reuse of
motels, are prohibited.
Office-Development N N P P P P P N N
Office-General N N P P P P P P P
Oil Production N N N N N N N N N
Outdoor Storage
Yards
N N N N N N N N N
Personal Services-
General
N N P/C P/C P/C P/C N P/C N In the MU-M, MU-H,
N-C, R-C and S-P the
following Personal
Services – General
uses have the
following additional
requirements:
• Laundromats
are subject to
18.38.150, otherwise a
CUP is required;
• Tattoo and
massage
establishments require
a CUP
Personal Services-
Restricted
N N N N C C N N N
83
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Plant Nurseries N N N N N N N N N
Public Services N N P P P P P P P
Recreation–Billiards N N N N C C N N N
Recreation–
Commercial Indoor
N N C C C C N C P
Recreation–
Commercial Outdoor
N N C C C C N C P
Recreation–Low-
Impact
P P P P P P P P P
Recreation–
Swimming & Tennis
N N C C C C N C P
Recycling Services-
General
N N N N N N N N N
Recycling Services-
Processing
N N N N N N N N N
Repair Service-
General
N N N N P P N N N
Repair Service-
Limited
N N P P P P N N N
Research &
Development
N N C C C C P N N
Restaurants–Full
Service
N N P/C P/C P/C P/C C C C In the MU-M, MU-H,
N-C or R-C, hours of
operation are limited
between 5:00 a.m. and
12:00 a.m.; Hours of
operation may be
modified with approval
of a CUP in the MU-H
and R-C; In the O, S-P
and P-R hours may be
further limited by the
CUP
Restaurants–General N N P/C P/C P/C P/C C C C In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
a.m. and 12:00 a.m.;
Hours of operation
may be modified with
approval of a CUP in
the MU-H and R-C; In
the O, S-P and P-R
hours may be further
limited by the CUP
Restaurants–Outdoor
Dining
N N P/C P/C P/C P/C C C C Subject to 18.38.220;
In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
84
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
a.m. and 12:00 a.m.;
Hours of operation
may be modified with
approval of a CUP in
the MU-H and R-C; In
the O, S-P and P-R
hours may be further
limited by the CUP
Retail Sales–General N N P P P P N N N In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
a.m. and 12:00 a.m.;
Pawn shops, tobacco
and vape sales are
prohibited
Retail Sales-Kiosks N N M M M M N N M
Retail Sales–Outdoor N N C C C C N N N Subject to 18.38.190
and 18.38.200
Retail Sales–Used
Merchandise
N N N N N N N N N
Self Storage N N N N N C N N N Subject to City
Council Policy No.
7.2; Limited to areas
east of Beach
Boulevard and North
of Lincoln Avenue
Senior Living
Facilities (Large)
C C C C C C N C N
Sober Living Homes
(Large)
C C C C C C N C N Subject to §18.38.123
Sex-Oriented
Businesses
N N N N N N N N N
Short-Term Rentals N N N N N N N N N
Smoking Lounge N N N N N N N N N
Studios-Broadcasting N N N N P/C P/C N N N Permitted without a
CUP if there is no live
audience and located
in the N-C or R-C.
Studios-Recording N N C C P P P N N
Swap Meets, Indoor
and Outdoor
N N N N N N N N N
Towing Services N N N N N N N N N
Transit Facilities N N N N C C C C C
Truck Repair & Sales N N N N N N N N N
Utilities- Major N N N N N N N N N
Utilities- Minor C C P P P P P P P
Veterinary Services N N P/C P/C P/C P/C P/C P/C N Permitted without a
CUP if use complies
with 18.38.270 and
85
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
located in the MU-M,
MU-H, N-C, R-C, O or
S-P.
Warehousing &
Storage-Enclosed
N N N N N N N N N
Wholesaling N N N N N N N N N
Wine Bars N N C C C C N N N
SECTION 34. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 35. 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 36. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
///
///
///
///
///
///
86
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and
adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020,
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
1
ATTACHMENT NO. 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES);
18.06 (MULTIPLE-FAMI LY RESIDENTIAL ZONES); 18.08
(COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL-
PURPOSE ZONES); 18.16 (REGULATORY PERMITS); 18.22
(BROOKHURST COMMERCI AL CORRIDOR (BCC)
OVERLAY ZONE); 18.24 (SOUTH ANAHEIM BOULEVARD
CORRIDOR (SABC) OVERLAY ZONE; 18.36 (TYPES OF
USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.42
(PARKING AND LOADING); 18.92 (DEFINITIONS); 18.112
(MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SP 90-4)
ZONING AND DEVELOPMENT STANDARDS); 18.116
(ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2)
ZONING AND DEVELOPMENT STANDARDS); 18.120
(ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1)
ZONING AND DEVELOPMENT STANDARDS); AND 18.122
(BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-
1) ZONING AND DEVELOPMENT STANDARDS) OF THE
ANAHEIM MUNICIPAL CODE AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM
THE REQUIREMENTS TO PREPARE ADDITIONAL
ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTIONS 15060(C)(2) AND 15060(C)(3) BECAUSE IT WILL
NOT RESULT IN A DIRECT OR REASONABLY
FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT AND IT IS NOT A PROJECT, AS DEFINED IN
SECTION 15378 OF THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2020-00170)
(DEV2020-00002)
WHEREAS, under the California Constitution, Article XI, Section 7, the City of Anaheim
(“City”) is granted broad police powers to preserve public health and safety and general welfare
of their residents; and
WHEREAS, the City may act to preserve the residential characteristics of its residential
neighborhoods, which powers have been recognized by both the California Supreme Court and
United States Supreme Court, the latter of which has stated that, “It is within the power of the
legislature to determine that the community should be beautiful as well as healthy, spacious as
well as clean, well-balanced as well as carefully patrolled”; and
WHEREAS, both the California Supreme Court and United States Supreme Court have
held that cities have the right to regulate both the number of people who may reside in a single-
family home and the manner in which the single-family homes is used, as long as such regulations
do not unfairly discriminate or impair an individual’s rights of privacy and association; and
2
WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair
Employment Housing Act (“FEHA”) prohibits pubic agencies from making land use decisions or
policies that exclude or otherwise discriminate against persons with disabilities or other protected
classes; and
WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to
provide a broader range of housing opportunities to the disabled, to free the disabled from
institutional style living to the extent possible, and to ensure that disabled persons have the
opportunity to live in normal res idential surroundings and use and enjoy a dwelling in a manner
similar to the way a dwelling is enjoyed by the non-disabled; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide
reasonable accommodation to its zoning ordinances if such accommodation is necessary to afford
a disabled person an equal opportunity to use and enjoy a dwelling; and
WHEREAS, cities are required to treat state licensed community care facilities and
alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents as a
residential use; and
WHEREAS, in enacting this Ordinance the City Council desires to strike a balance
between the City’s and residents’ interest in preserving the residential characteristics of residential
neighborhoods and providing opportunities for the disabled to reside in residential zones that are
enjoyed by the non-disabled; and
WHEREAS, over the past several years, cities within Orange County and the State have
seen an increase in the number of homes in residential neighborhoods being utilized as state
licensed and non-state licensed community care facilities and alcoholism or drug recovery or
treatment facilities (“non-state licensed alcoholism or drug recovery or treatment facilities
hereinafter “sober living homes”). This increase in such facilities has become a rising concern in
many cities and counties in the State, and as such, there have been numerous state attempts at
legislative fixes that have failed; and
WHEREAS , the City receives continuous resident complaints regarding these facilities
located within residential neighborhoods, expressing concerns such as overcrowding , parking,
noise, and loitering; and
WHEREAS, records from the State of California Department of Social Services (“DSS”)
from May 28, 2020 show that the City is home to more than 100 state licensed community care
facilities in the category of adult residential facility, which are typically located within single-
family residential neighborhoods; and
WHEREAS, records from the State of California Department of Health Care Services
(“DHCS”) from May 28, 2020 show that the City is home to 15 licensed and/or certified
alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of
10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four
cities in Orange County that provides more than 200 beds within its jurisdiction; and
3
WHEREAS, the Orange County Sheriff Department (“OCSD”) administers Orange
County Adult Alcohol & Drug Sober Living Facilities Certification Program, which is a voluntary
certification program for sober living homes without a state license. The purpose of this program
is to provide access to quality residential facilities for the persons in need of drug and alcohol free
recovery environments and to promote public safety. As of May 27 , 2020, there are 16 sober living
homes in Orange County that is certified by the OCSD, providing 215 beds. Among these, six
facilities are located in the City, providing 62 beds. Because this is a voluntary program, it is
unlikely to represent all sober living homes operating County-wide; and
WHEREAS, there is no required licensing, certification, or registration for non-state
licensed community care facilities or sober living homes, thus, the exact number of these facilities
within the City is unknown; and
WHEREAS, overconcentration of these facilities in residential neighborhoods may lead to
the institutionalization and commercialization of such ne ighborhoods; and
WHEREAS, the Ordinance proposes to classify non-state licensed community care
facilities and sober living homes with six or fewer persons as residential use, provide a process
whereby such facilities may locate in the residential neighborhoods, and establish certain standards
to ensure quality living environment for the residents of such facilities while preserving the
residential characteristics of surrounding neighborhood in which such facilities are located; and
WHEREAS, this Ordinance will also provide a mechanism for such facilities to seek
additional accommodation upon making a showing, as required by state and federal law, that such
additional accommodation is reasonably necessary to afford the disabled the right to use and
enjoy a dwelling in a manner similar to that enjoyed by the non-disabled; and
WHEREAS, permitting six or fewer residents in these facilities home and establishing
distance requirements is reasonable and non-discriminatory because: (1) the State legislature in
establishing state licensed community care and alcoholism or drug abuse recovery or treatment
facilities as a residential use, including group homes serving recovering addicts, found that six
residents was a sufficient number to provide the supportive living environment that experts agree
is beneficial to recovery; (2) a 1997 study by the American Planning Association recommended
that residential care facilities should not be concentrated in single neighborhood or block and that
if they were to locate next to another or be placed on the same block, the ability of the residents of
such facilities to be normalized into the community would be compromised; and (3) limiting the
number of recovering addicts that can be placed in a single-family home enhances the potential
for their recovery; and
WHEREAS, housing inordinately large numbers of unrelated adults in a single-family
home or congregating sober living homes in close proximity to each other does not provide the
disabled with an opportunity to “live in normal residential surroundings,” but rather places them
into living environments bearing more in common with the types of institutional, campus, and/or
dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled,
and which no reasonable person could contend provides a life in a normal residential surrounding;
and
WHEREAS, non-state licensed community care facilities, especially sober living homes,
often do not function as a single housekeeping unit nor do they fit the City’s zoning definition of
4
a single housekeeping unit, as proposed, for the following reasons: (1) they house transient
populations; (2) the residents generally do not have established ties to each other when they move
in; (3) the residents have little to no say about who lives or doesn’t live in the home; (4) the
residents do not generally share expenses; (5) the residents are often responsible for their own
food, laundry and phone; (6) when residents disobey house rules they are often simply removed
from the house; (7) there is a third party property manager (i.e. house manager) that oversees the
operation of the facility; and
WHEREAS, because of the residents’ lack of established ties to the community and
independence from each other, non-state licensed community care facilities, especially sober
living homes, may present problems not typically associated with more traditional single-family
uses, including disproportionate numbers of cars associated with the facility, which may cause
parking problems in the neighborhood; and
WHEREAS, many residential neighborhoods in the City currently experiences parking
issues, and the City has seen increased concerns from the residents, business owners and others in
the community regarding overflow parking into single-family neighborhoods throughout the City.
This is evident in increase in the number of petitions filed for Residential Permit Parking Program
and the recent ly proposed Zoning Code amendment related to residential parking standards. As
such, a requirement for all resident vehicles associated with non-state licensed community care
facilities and sober living homes to be parked on-site is appropriate; and
WHEREAS, a 300-foot distance requirement for non-state licensed community care
facilities is appropriate as it is consistent with the State Law that regulates state licensed
community care facilities, which states that there is an overconcentration of state licensed facilities
if such facilities are separated by a distance of 300 feet or less; and
WHEREAS, a 800-foot distance requirement for sober living homes is appropriate, as it is
consistent with an average block length of a typical residential neighborhood in the City and
therefore provides a reasonable market for the purchase and operation of a sober living home in
the City while preventing overconcentration of sober living homes; and
WHEREAS, even with the distance requirements, non-state licensed community care
facilities and sober living homes are receiving preferential treatment in that non-disabled
individuals in a similar living situation (i.e. boarding house) cannot reside in single family
residential zones; and
WHEREAS, notwithstanding the above, the City Council recognizes that when operated
responsibly, non-state licensed community care facilities and sober living homes provide a societal
benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as
providing support for individuals attempting to overcome their drug and alcohol addictions ; and
WHEREAS, without some regulation, it is not feasible to ensure that the individuals
entering into non-state licensed community care facilities and sober living homes are disabled
individuals and entitled to reasonable accommodation under local and state law; that such facilities
are operated professionally to minimize impacts to the surrounding neighborhood; and that the
secondary impacts from over concentration of such facilities in a neighborhood are lessened; and
5
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 Planning Commission of the City of Anaheim, at its July 6 , 2020 public
hearing, recommended, by motion, that the City Council determine that this ordinance is not
subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA
Guidelines. The Planning Commission further found that the impact to the existing facilities would
be limited to issuance and/or denial of a ministerial permit and potential improvements to the
existing single-family home, which would make the ordinance categorically exempt under Section
15301 of the CEQA guidelines; and
WHEREAS, the City Council hereby finds and determines that this ordinance is not subject
to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA
Guidel ines. The City Council further finds that the impact to the existing facilities would be limited
to issuance and/or denial of a ministerial permit and potential improvements to the existing single-
family home, which would make the ordinance categorically exempt under Section 15301 of the
CEQA guidelines; 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 1. That Table 4-A (Primary Uses: Single-Family Residential Zones) of Chapter
18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended and restated to read in full as follows:
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Small)
P P P P P P P
6
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
Community Care
Facilities – Licensed
(Small)
P P P P P P P
Community Care
Facilities – Unlicensed
(Small)
P P P P P P P Subject to
§§18.16.058 and
18.38.123
Dwellings–Single-Family
Detached
P P P P P P C
Mobile Home Parks N N N N N C N
Residential Care Facilities P P P P P P P Subject to §
18.36.030.050
Senior Living Facilities
(Small)
P P P P P P P
Sober Living Homes
(Small)
P P P P P P P Subject to
§§18.16.058 and
18.38.123
Supportive Housing (6 or
fewer persons)
P P P P P P P
Supportive Housing (7 or
more persons)
C C C C C C C
Transitional Housing (6 or
fewer persons)
P P P P P P P
Transitional Housing (7 or
more persons)
C C C C C C C
Note on Table 4-A - Residential Classes of Uses:
Residential Classes of Uses: New Residential Development. All new residential development within 600
feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated
by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090.
Non-Residential Classes
of Uses
Agricultural Crops P P N N N N N
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C C C
Antennas–Private
Transmitting
P P P P P P P Subject to
18.38.040
Antennas–
Telecommunications–
Stealth Building–Mounted
C C C C C C C Subject to §
18.38.060.040
Antennas–
Telecommunications–
Stealth Ground–Mounted
N N N N N N N
Antennas–
Telecommunications–
Ground–Mounted
N N N N N N N
Automotive–Sales
Agency Office
(Wholesale)
P P P P P P P Subject to §
18.16.055 for
office use only; no
on -site storage,
display or parking
7
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special
Provisions
of any vehicle
being held as
inventory
Bed & Breakfast Inns N N N C C N N Must be located
on an arterial
highway; subject
to § 18.38.080
Beekeeping C N N N N N N
Boarding House N N N N N N N
Community Care
Facilities – Licensed
(Large)
C C C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C C C Subject to
§18.38.123
Community & Religious
Assembly
C C C C C C N
Convalescent & Rest
Homes
N N N C C C N
Day Care Centers C C C C C C C
Educational Institutions–
General
C C C C C C C
Golf Courses & Country
Clubs
C C C C C C N
Group Care Facilities C C C C C C C Subject to §
18.36.040.070
Oil Production N N N N N C N Subject to §
18.38.180
Public Services C C C C C C C
Recreation–Low-Impact C C C C C C C
Senior Living Facilities
(Large)
C C C C C C C
Sober Living Homes
(Large)
C C C C C C C Subject to
§18.38.123
Transit Facilities C C C C C C C
Utilities–Minor C C C C C C C
SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of
Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
P P P P P
8
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Treatment Facilities
(Small)
Community Care
Facilities – Licensed
(Small)
P P P P P
Community Care
Facilities – Unlicensed
(Small)
P P P P P Subject to §§18.16.058 and
18.38.123
Dwellings–Multiple
Family
C P P P P Subject to § 18.38.100;
affordable housing may be
developed pursuant to
Chapter 18.50
Dwellings–Single-
Family Attached
C P C C C Dwellings requiring a
conditional use permit are
subject to § 18.06.160
Dwellings–Single-
Family Detached
C P P P P (a) Allowed only when
combined with single-
family attached dwellings
within the same project; in
the RM-1 Zone, attached
housing must be oriented
toward any major or
primary arterial or (b) one
single-family detached
dwelling allowed on one
legal lot in existence on the
effective date of Ord. 5920,
using the RS-2 and RS-3
Zone based on lot size
Mobile Home Parks N C C C C
Residential Care
Facilities
P P P P P Subject to § 18.36.030.050
Senior Citizen
Housing
C C C C C Subject to Chapter 18.50
Senior Living
Facilities (Small)
P P P P P
Sober Living Homes
(Small)
P P P P P Subject to §§18.16.058 and
18.38.123
Supportive Housing C P P P P
Transitional Housing C P P P P
Note on Table 6-A-Residential Classes of Uses:
New Residential Development. All new residential development within 600 feet of any railroad, freeway,
expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan,
is subject to the provisions of § 18.40.090.
Non-Residential Classes of Uses
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C
Antennas–
Broadcasting
C C C C C
9
Table 6-A
PRIMARY USES: MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions
Antennas–Private
Transmitting
C C C C C Subject to § 18.38.040
Antennas–
Telecommunications -
Stealth Building-
Mounted
T T T T T Subject to §§ 18.38.060 and
18.62.020
Antennas–
Telecommunications -
Stealth Ground-
Mounted
C C C C C Subject to § 18.38.060
Antennas–
Telecommunications -
Ground-Mounted
N N N N N
Automotive–Sales
Agency Office
(Wholesale)
P P P P P Subject to § 18.16.055 for
office use only; no on -site
storage, display or parking
of any vehicle being held as
inventory
Bed & Breakfast Inns N C C C C Subject to § 18.38.080
Boarding House C C C C C
Community Care
Facilities – Licensed
(Large)
C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C Subject to §18.38.123
Community &
Religious Assembly
C C C C C
Convalescent & Rest
Homes
N N N N C
Day Care Centers C C C C C
Educational
Institutions–General
N N C C C
Golf Courses &
Country Clubs
N N C C C
Group Care Facilities C C C C C Subject to § 18.36.040.070
Oil Production N C C C C Subject 18.38.180
Public Services C C C C C
Recreation–Low-
Impact
C C C C C
Recreation–Swimming
& Tennis
C C C C C
Room & Board C C C C C
Senior Living
Facilities (Large)
C C C C C
Sober Living Homes
(Large)
C C C C C Subject to §18.38.123
Transit Facilities C C C C C
Utilities–Minor C C C C C
10
SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Chapter 18.08
(Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Residential Classes of
Uses
Alcoholism or Drug
Abuse Recover y or
Treatment Facilities
(Small)
N N N N N
Community Care
Facilities – Licensed
(Small)
N N N N N
Community Care
Facilities – Unlicensed
(Small)
N N N N N
Dwellings–Multiple
Family
N N C N N Dwellings–Multiple Family
subject to 18.38.215
Mobile Home Parks N N C N N
Senior Citizens'
Housing
C C C N N Senior Citizens' Apartment
projects subject to Chapter
18.50
Senior Living Facilities
(Small)
N N N N N
Sober Living Homes
(Small)
N N N N N
Supportive Housing N N C N N Supporting Housing subject
to 18.38.215
Transitional Housing N N C N N Transitional Housing
subject to 18.38.215
Non-Residential
Classes of Uses
Alcoholic Beverage
Manufacturing
N P/C P/C N N Subject to § 18.38.025.
Buildings larger than 6,000
square feet are subject to a
Conditional Use Permit.
Alcoholic Beverage
Sales–Off-Sale
P/C P/C P/C P/C P/C Conditional use permit not
required if use is in
conjunction with Markets–
Large. In O-L and O-H
Zones, must be clearly
accessory to and integrated
with an office building
Alcoholic Beverage
Sales–On -Sale
M/C M/C M/C M/C M/C Permitted with minor
conditional use permit if
11
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
accessory to a primary
restaurant use
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C
Ambulance Services N C C N N
Animal Boarding P/C P/C P/C P/C P/C Permitted without a
conditional use permit
when conducted entirely
indoors subject to §
18.38.270; otherwise a
Conditional Use Permit is
required.
Animal Grooming P P P P P
Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a
conditional use permit if
designed similar to stealth
telecommunications facility
as defined in §
18.38.060.030.0312
Antennas–
Telecommunications-
Stealth Building-
Mounted
T T T T T Subject to § 18.38.060 and
§ 18.62.020
Antennas–
Telecommunications-
Stealth Ground-
Mounted
T T T T T Subject to § 18.38.060
Antennas–
Telecommunications
Ground -Mounted (Non-
Stealth)
N N N N N
Automatic Teller
Machines
(ATM’s)
P P P P P Subject to § 18.36.040
Automotive–Vehicle
Sales, Lease & Rental
N N C N N
Automotive–Sales
Agency Office (Retail)
N N C C C Subject to § 18.38.065
Automotive–Sales
Agency Office
(Wholesale)
P/M/C P/M/C P/M/C P/M/C P/M/C Subject to §§ 18.16.055 and
18.38.065. Minor
conditional use permit
required for on -site storage,
display or parking of one or
two vehicles being held as
inventory. Conditional use
12
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
permit required for on-site
storage, display or parking
of three or more vehicles
being held as inventory
Automotive–Public
Parking
M M M M M
Automotive–Parts Sales P P P N N
Automotive–Repair &
Modification: Major
C C C N N
Automotive–Repair &
Modification: Minor
M M M N N
Automotive–Vehicle
Storage
M/C M/C M/C M/C M/C Permitted for up to one year
by minor conditional use
permit, with optional one
year extensions to permit
the use for up to five years;
conditional use permit
required to permit the use
for over five years.
Automotive–Service
Stations
C C C C C Subject to § 18.38.070
Automotive–Washing N C C C C In O-L and O-H Zones,
must be accessory to an
Automotive–Service
Station use
Banquet Halls C C C C C
Bars & Nightclubs C C C C C In O-L and O-H Zones,
must be accessory to and
integrated with an office
building
Bed & Breakfast Inns C C C C C Subject to § 18.38.080
Billboards N N N N N
Boarding House N N C N N
Business & Financial
Services
P P P P P
Cemeteries N N C N N
Commercial Retail
Centers
P/C P/C P/C N N Subject to § 18.38.115;
otherwise a Conditional
Use Permit is required.
Community Care
Facilities – Licensed
(Large)
C C C C C
Community Care
Facilities – Unlicensed
(Large)
C C C C C Subject to § 18.38.123
Community &
Religious Assembly
C C C C C In O-H Zone, must be
clearly accessory to and
13
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
integrated with an office
building
Computer Internet &
Amusement Facilities
N N N N N
Convalescent & Rest
Homes
C C C N N
Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110;
otherwise a Conditional
Use Permit is required. In
O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building.
Dance & Fitness
Studios–Large
N P P P P In O-H Zone, must be
clearly accessory to and
integrated with an office
building
Dance & Fitness
Studios–Small
P P P P P In O-H Zone, must be
clearly accessory to and
integrated with an office
building, otherwise requires
a conditional use permit
Day Care Centers C C C P/C P/C Permitted without
Conditional Use Permit if
integrated within a multi-
tenant office building as an
accessory use to serve
office tenants
Drive-Through
Facilities
C C C C C Permitted without a
conditional use permit as an
accessory use if in
conjunction with Business
and Financial Services as
the primary use
Educational
Institutions–Business
P/M P/M P/M P/M P/M Institutions with ten
students or less do not
require a conditional use
permit
Educational
Institutions–General
N C C C C
Educational
Institutions–Tutoring
P P P P P Subject to § 18.36.040.050
Entertainment Venue C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
14
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Equipment Rental–
Large
P/C P/C P/C N N Permitted if equipment is
completely screened from
view. Conditional Use
Permit required if
equipment cannot be
screened.
Equipment Rental–
Small
P/C P/C P/C P/C P/C In O-H and O-L Zones,
must be clearly accessory
to and integrated with an
office building. Conditional
Use Permit required if
conducted outdoors.
Group Care Facilities C C C C C Subject to § 18.36.040.070
Helipads N N C N N Allowed only in
conjunction with a hospital
Hospitals N N C C C
Hotels N C C N C
Hotels, Full Kitchen
Facilities
N N C N C
Markets–Large P P P N N
Markets–Small P/C P/C P/C C C Subject to § 18.38.155,
otherwise a Conditional
Use Permit is required.
Medical & Dental
Offices
P P P P P
Mortuaries N N C N N
Motels N C C N N
Offices P P P P P
Personal Services–
General
P/C P/C P/C P/C P/C Laundromats are subject to
§ 18.38.150; otherwise a
Conditional Use Permit is
required. In O-L and O-H
Zones, must be clearly
accessory to and integrated
with an office building.
Massage subject to §
18.16.070.
Personal Services–
Restricted
C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190,
18.38.200 and 18.38.205;
otherwise a Conditional
Use Permit is required.
Public Services C C P C C
15
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building. Facilities
with alcohol consumption
require a Conditional Use
Permit. Subject to §
18.38.085, otherwise a
Conditional Use Permit is
required.
Recreation–
Commercial Indoor
C C C C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Recreation–
Commercial Outdoor
C C C C C
Recreation–Low-
Impact
C C C P P In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Recreation–Swimming
& Tennis
P/C P/C P/C P/C P/C Permitted without
Conditional Use Permit
when conducted completely
indoors
Repair Services–
General
P N P N N
Repair Services–
Limited
P P P C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Research &
Development
N P P P P
Restaurants–Full
Service
P P P C C
Restaurants–General P P P C C
Restaurants–Outdoor
Dining
P P P P P Subject to § 18.38.220
Retail Sales–General P P P P P
Retail Sales–Kiosks M M M M M
Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and
§ 18.38.200
Retail Sales–Used
Merchandise
P P P N N
Room & Board N N C N N
Self-Storage N N C N N Subject to City Council
Policy No. 7.2
16
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C- NC C-R C-G
O-L O-H Special Provisions
Senior Living Facilities
(Large)
C C C C C
Sober Living Homes
(Large)
C C C C C Subject to § 18.38.123
Sex-Oriented
Businesses
N N P N N Subject to Chapter 18.54
Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080;
otherwise a Conditional
Use Permit is required.
Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a
Conditional Use Permit if
there is no live audience.
Studios–Recording N N P C C In O-L and O-H Zones,
must be clearly accessory
to and integrated with an
office building
Transit Facilities C C C C C
Utilities–Major C C C N C
Utilities–Minor P P P P P Pay phones are permitted
by right in all zones if
located on the interior of a
building or attached to the
exterior within 10 feet of
the main building’s
entrance
Veterinary Services P/C P/C P/C N N Subject to § 18.38.270;
otherwise a Conditional
Use Permit is required.
Wholesaling N C C N N Shall be accessory to a
Retail Sales use
Wine Bars C C C C C
SECTION 4. That Table 10-A (Primary Uses: Industrial Zones) of Chapter 18.10
(Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Residential Classes of Uses
17
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Small)
N
Community Care Facilities – Licensed
(Small)
N
Community Care Facilities – Unlicensed
(Small)
N
Mobile Home Parks C
Senior Living Facilities (Small) N
Sober Living Homes (Small) N
Non-Residential Classes of Uses
Agricultural Crops P
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Large)
N
Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use
permit if accessory to a primary
restaurant use
Ambulance Services P
Animal Boarding P/ C Conditional use permit not required if
conducted completely indoors, subject to
§ 18.38.270
Animal Grooming P/ C Conditional use permit not required if
conducted completely indoors, subject to
§ 18.38.270
Antennas–Broadcasting P/ C Permitted without a conditional use
permit if designed similar to stealth
telecommunications facility as defined in
§ 18.38.060.030.0312
Antennas–Telecommunications-Stealth
Building-Mounted
T Subject to § 18.38.060 and § 18.62.020
Antennas–Telecommunications-Stealth
Ground-Mounted
T Subject to § 18.38.060
Antennas–Telecommunications-Ground-
Mounted (Non-Stealth)
N
Automated Teller Machines
(ATM’s)
P
Automotive–Vehicle Sales, Lease &
Rental
C
Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065
Automotive–Sales Agency Office
(Wholesale)
P/M/C Subject to §§ 18.16.055 and 18.38.065.
Minor conditional use permit required for
on -site storage, display or parking of one
or two vehicles being held as inventory.
Conditional use permit required for on-
site storage, display or parking of three or
more vehicles being held as inventory
Automotive–Impound Yards C Subject to § 18.38.200
Automotive–Public Parking M
18
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Automotive–Parts Sales P/C Permitted without a conditional use
permit if conducted entirely indoors
Automotive–Repair & Modification:
Major
C
Automotive–Repair & Modification:
Minor
M
Automotive–Service Stations C Subject to § 18.38.070
Automotive–Vehicle Storage M/C Permitted for up to one year by minor
conditional use permit, with optional one
year extensions to permit the use for up to
five years; conditional use permit
required to permit the use for over five
years.
Automotive–Washing C
Banquet Halls C
Bars & Nightclubs C
Billboards N
Boarding House N
Community Care Facilities – Licensed
(Large)
N
Community Care Facilities – Unlicensed
(Large)
N
Building Material Sales C Not more than 30% of the outdoor area,
excluding parking, shall be devoted to
outdoor displays; subject to §§ 18.38.190
and 18.38.200
Business & Financial Services C
Community & Religious Assembly C
Dance & Fitness Studios–Large C
Dance & Fitness Studios–Small M
Day Care Centers C
Drive-Through Facilities C Permitted without a conditional use
permit as an accessory use if in
conjunction with Business and Financial
Services as the primary use
Educational Institutions–Business M
Educational Institutions–General C
Educational Institutions–Tutoring C Subject to § 18.36.040.050
Emergency Shelters (50 or fewer
occupants)
P Subject to § 18.38.125
Emergency Shelters (more than 50
occupants)
C Subject to § 18.38.125
Entertainment Venue C
Equipment Rental–Large P/C Permitted without a conditional use
permit if conducted entirely indoors
subject to § 18.38.200
Equipment Rental–Small P
Helipads & Heliports C
Hospitals C
Hotels C
19
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Industry– P
Industry–Heavy C
Junkyards C Subject to § 18.38.200
Medical & Dental Offices M
Motels C
Mortuaries C
Offices–Development P
Offices–General P/M Permitted without minor conditional use
permit only if accessory to an industrial
or other primary permitted use
Oil Production C Subject to § 18.38.180
Outdoor Storage Yards P/C Subject to § 18.38.200. Permitted without
a conditional use permit if all storage is
screened from view, otherwise a
Conditional Use Permit is required. The
Outdoor Storage of Oversized and
Recreational Vehicles shall require a
Conditional Use Permit.
Personal Services–General C Laundromats are subject to § 18.38.150
Personal Services–Restricted C
Plant Nurseries P/ C Subject to § 18.38.190, 18.38.200 and
18.38.205; otherwise a Conditional Use
Permit is required.
Public Services P
Recreation–Billiards C
Recreation–Commercial Indoor C Amusement arcades are allowed only in
conjunction with a hotel, motel, or
bowling alley
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming & Tennis C
Recuperative Care/Medical Respite P/C Subject to § 18.38.125
Recycling Facilities P/ C Subject to Chapter 18.48. Small
processing facilities under 4,000 s.f. that
conduct all work inside are allowed
without a conditional use permit.
Repair Services–General P
Repair Services–Limited P
Research & Development P
Restaurants–Full Service N
Restaurants–General C Allowed without a conditional use permit
when a part of an industrial complex of 5
or more units
Restaurants–Outdoor Dining C Subject to § 18.38.220
Retail Sales–General C Industrially-related only
Retail Sales–Kiosks N
Retail Sales–Outdoor C Subject to § 18.38.190 and 18.38.200
Self-Storage C Subject to City Council Policy No. 7.2
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
20
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I Special Provisions
Sex-Oriented Businesses P Subject to Chapter 18.54
Studios–Broadcasting P
Studios–Recording P
Towing Services P
Transit Facilities C
Truck Repair & Sales C Subject to § 18.38.200
Utilities–Major C
Utilities–Minor P
Veterinary Services P Subject to § 18.38.270
Warehousing & Storage–Enclosed P
Wholesaling P
SECTION 5. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of
Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recover y
or Treatment Facilities (Small)
N N N P Only a llowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Community Care Facilities – Licensed
(Small)
N N N P Only a llowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Community Care Facilities –
Unlicensed (Small)
N N N P Subject to §§18.16.058 and 18.38.123.
Only allowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
21
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Dwellings–Single-Family Detached N N N P One single-family detached dwelling
unit allowed on one legal lot in
existence on July 8, 2004, the effective
date of Ord. 5920. The development
standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in
size. The development standards of the
RS-3 Zone shall apply for lots that are
less than 7,200 square feet in size.
Mobile Home Parks N N N C
Senior Citizens Housing N N N C Senior Citizens Apartment projects
subject to Chapter 18.50
Senior Living Facilities (Small) N N N P Allowed in a single-family detached
dwelling unit on one legal lot in
existence on July 8, 2004, the effective
date of Ord. 5920. The development
standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in
size. The development standards of the
RS-3 Zone shall apply for lots that are
less than 7,200 square feet in size.
Sober Living Homes (Small) N N N P Subject to §§18.16.058 and 18.38.123.
Only allowed in a single-family
detached dwelling unit on one legal lot
in existence on July 8, 2004, the
effective date of Ord. 5920. The
development standards of the RS-2
Zone shall apply for lots 7,200 square
feet or greater in size. The
development standards of the RS-3
Zone shall apply for lots that are less
than 7,200 square feet in size.
Supportive Housing (6 or fewer
persons)
N N N P One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Supportive Housing (7 or more
persons)
N N N C One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
22
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Transitional Housing (6 or fewer
persons)
N N N P One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Transitional Housing (7 or more
persons)
N N N C One single-family detached dwelling
allowed on one legal lot in existence
on the effective date of Ordinance No.
6289, using the RS-2 and RS-3 Zone
based on lot size
Non-Residential Classes of Uses
Agricultural Crops P N N P
Alcoholic Beverage Sales–On -Sale N M/C M/C C In the “PR” and “SP” zones, permitted
with minor conditional use permit if
accessory to a primary restaurant use.
In the “T” Zone, only in conjunction
with a Community and Religious
Assembly use.
Alcoholism or Drug Abuse Recover y
or Treatment Facilities (Large)
N C C N
Ambulance Services N N N C
Animal Boarding C N N C
Antennas–Broadcasting N N N C Permitted without a conditional use
permit if designed similar to stealth
telecommunications facility as defined
in § 18.38.060.030.0312
Antennas–Private Transmitting N N N C Subject to § 18.38.040
Antennas–Telecommunications-
Stealth Building-Mounted
T T T T Subject to §§ 18.38.060 and 18.62.020
Antennas–Telecommunications-
Stealth Ground-Mounted
C C C C Subject to § 18.38.060
Antennas–Telecommunications-
Ground-Mounted
N N N N Subject to § 18.38.060
Automotive–Public Parking N P M N
Automotive–Sales Agency Office
(Retail)
N N N N
Automotive–Sales Agency Office
(Wholesale)
N N N N
Automotive–Repair & Modification:
Major
N N N N
Automotive–Repair & Modification:
Minor
N N N N
Automotive–Service Stations N N N C Subject to § 18.38.070
Automotive–Vehicle Storage N N N M/C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial or Industrial
Land Uses for up to one year by minor
conditional use permit, with optional
one year extensions to permit the use
23
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
for up to five years; conditional use
permit required to permit the use for
over five years.
Automotive–Washing N N N C
Bed & Breakfast Inns N N C C Subject to § 18.38.080
Beekeeping N N N C
Boarding House N N N C
Cemeteries C N C C
Commercial Equestrian Establishments C N N C No permanent maintenance of stabling
of equine animals, riding arenas or
storage of food, refuse or equipment
shall be permitted within (250) two
hundred fifty feet of any residential
zone boundary.
Community Care Facilities – Licensed
(Large)
N C C N
Community Care Facilities –
Unlicensed (Large)
N C C N Subject to §18.38.123
Commercial Retail Centers N N N C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial Land Uses
Community & Religious Assembly N N C C
Convalescent & Rest Homes N N N C
Convenience Stores N C C C Subject to § 18.38.110
Dance & Fitness Studios–Small N M M N
Dance & Fitness Studios–Large N C C N
Day Care Centers N C C C
Educational Institutions–Business N C P C
Educational Institutions–General N C P C
Entertainment Venue N C C C
Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is
municipally owned golf course
Group Care Facilities N C C N
Helipads N N C N
Hospitals N N C C
Hotels N C N C
Medical & Dental Offices N C C C
Mortuaries N N N C
Motels N C N C
Offices N C C C
Oil Production N N N C Subject to § 18.38.180
Outdoor Storage Yards C N N C Subject to § 18.38.200
Plant Nurseries P C C C Subject to §§ 18.38.190 and 18.38.200
Public Services N P P P
Recreation–Billiards N C C C
Recreation–Commercial Indoor N C C C
24
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to
§ 18.14.030.130
Recreation–Low-Impact C P C C
Recreation–Swimming & Tennis N P C C
Recycling Services–General N N N C Subject to Chapter 18.48
Research and Development N N N N
Restaurants–Drive-Through N N C N Subject to § 18.38.220
Restaurants–General N C C C Subject to § 18.38.220
Restaurants–Outdoor Dining N C C C Subject to § 18.38.220
Restaurants–Walk-Up N C C N
Retail Sales–General N N N C Only allowed in “T” Zone on
properties designated by the General
Plan for Commercial Land Uses
Retail Sales–Kiosk N M M N
Retail Sales–Used Merchandise N N N C
Room & Board N N N C
Self-Storage N N C N
Senior Living Facilities (Large) N C C N
Sober Living Homes (Large) N C C N Subject to § 18.38.123
Transit Facilities N C C C
Utilities–Major C C C C
Utilities–Minor P P P P
Veterinary Services N N N C
SECTION 6. That new Section 18.16.058 (Community Care Facilities – Unlicensed
(Small) and Sober Living Homes (Small)) be added to Chapter 18.16 (Regulatory Permits) of Title
18 (Zoning) of the Anaheim Municipal Code be to read in full as follows:
18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND
SOBER LIVING HOMES (SMALL).
.010 Permits Required.
.0101 Operator’s Registration. Any person desiring to operate a Sober
Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober
Living Facilities Certification issued by the Orange County Sheriff’s Departme nt shall first
obtain an Operator’s Registration in compliance with the provisions of this section.
.0102 Operator’s Permit. Any person desiring to operate a Community
Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange
County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange
County Sheriff’s Department shall first obtain an Operator’s Permit in compliance with the
provisions of this section. All such applications shall be referred to the Chief of Police (or
his or her designee), who shall conduct all necessary investigations.
.020 Application Requirements. All applications for Operator’s Registration and
Operator’s Permit shall be submitted on forms approved by the Planning Director. The
25
application shall be signed and submitted by the owner/operator of the facility and filed
with the Planning and Building Department, and shall include all applicable fee or deposit
as approved and set by resolution of the City Council.
.030 Permit Issuance.
.0301 Operator’s Registration. Upon receipt of a written application for
an Operator’s Registration, the Planning Director (or his or her designee) shall conduct a
review. An Operator’s Registration application shall be issued if the applicant provided all
required information and is in compliance or has agreed to comply with Section 18.38.123
of this Code.
.0302 Operator’s Permit. Upon receipt of a written application for an
Operator’s Permit, the Planning Director (or his or her designee) and Chief of Police (or
his or her designee) shall conduct an investigation to ascertain whether such permit should
be issued as requested. An Operator’s Permit application shall be issued if the Chief of
Police recommends issuance of the permit, the applicant provided all required information,
and is in compliance or has agreed to comply with this section and Section 18.38.123 of
this Co de.
.040 Permit Denial and Revocation.
.0401 In addition to the grounds for permit revocation specified in Section
18.16.040 of this chapter, an Operator’s Registration and an Operator’s Permit application
shall be denied or revoked if any of the following circumstances exist:
.01 Any owner/operator or staff person of the facility has
provided materially false or misleading information on the application or omitted any
pertinent information.
.02 The owner/operator or staff person of the facility accepts
residents, other than a house manager or staff, who are not handicapped as defined by the
FHAA and FEHA.
.03 Community Care Facility – Unlicensed (Small). The facility,
as measured by the closest property lines, is located within three hundred (300) feet of any
other Community Care Facility – Unlicensed and Community Care Facility – Licensed,
regardless of size. If a Community Care Facility - Licensed moves within three (300) feet
of an existing Community Care Facility - Unlicensed (Small) with a valid Operator’s
Permit, this shall not cause the revocation of existing facility’s Operator’s Permit.
.04 Sober Living Home (Small). The facility, as measured by the
closest property lines, is located within eight hundred (800) feet of any other Sober Living
Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility. If an Alcoholism
or Drug Abuse Recovery or Treatment Facility moves within eight hundred (800) feet of
an existing Sober Living Home with a valid Operator’s Registration or Operator’s Permit,
this shall not cause the revocation of the existing facility’s Operator’s Registration or
Operator’s Permit.
.05 The owner/operator or staff person of a Sober Living Home
fails to immediately take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively participating in a
legitimate recovery program from contact with all other sober residents.
.06 For any other significant and/or repeated violations of this
section and/or any other applicable laws and/or regulations.
.0402 Additional grounds for denial or revocation of an Operator’s
Registration.
26
.01 The Sober Living Home does not or no longer holds a valid
Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the
Orange County Sheriff’s Department.
.0403 Additional grounds for denial or revocation of an Operator’s Permit.
.01 Any owner/operator or staff person of the facility has an
employment history in which he or she was terminated during the past two (2) years
because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug
test; and selling or furnishing illegal drugs or alcohol.
.02 Any owner/operator or staff person of the facility has been
convicted of or pleaded nolo contendere, within the previous ten (10) years, to any of the
following offenses:
(a) Any offenses in violat ion of California Penal Code
Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314,
315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as
may be amended.
(b) Any sex offense for which the person is required to
register as a sex offender under California Penal Code Section 290, as may be amended.
(c) Arson offenses in violations of Penal Code Sections
451-455, as may be amended.
(d) Violent felonies, as defined in Penal Code Section
667.5, as may be amended, which involve doing bodily harm to another person.
(e) Any offenses in violation of California Health and
Safety Code Section 11550 or any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health and Safety Code
Sections 11054, 11055, 11056, 11057 or 11058, as may be amended.
.03 Any owner/operator or staff person of the facility is on
parole or formal probation supervision on the date of the submittal of the applicat ion or at
any time thereafter.
.0404 If a facility has obtained a reasonable accommodation pursuant to
Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved
deviation shall not be a cause for a denial or revocation of the facility’s permit .
.050 Changes to Operator’s Registration and Operator’s Permit.
.501 If any of the information submitted on the original application
changes, such as any personnel changes (i.e. owner/operator of the facility, employees and
staff including house manager), the current or new owner/operator of the facility shall
notify the Planning Director of such change within ten (10) business days thereafter, in
writing, which may require additional review and fee.
.502 The owner/operator of a Sober Living Home with an Operator’s
Registration shall notify the Planning Director if there is any changes to the status of the
facility’s Orange County Adult Alcohol and Drug Sober Living Facilities Certification
issued by the Orange County Sheriff’s Department (i.e. renewals, expirations, revocations)
within ten (10) business days of such change.
.060 Sale or Transfer of Operator’s Registration and Operator’s Permit. No
Operator’s Registration or Operator’s Permit issued hereunder may be sold, transferred or
assigned by a permittee, or by operation of law, to any other person(s), entity, or facility.
Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a
voluntary surrender or such permit and such permit shall thereafter be null and void.
.070 Operator’s Registration and Operator’s Permit Expiration.
27
.0701 The Operator’s Registration and the Operator’s Permit shall expire
and be of no further force or effect if after establishment, the use or activity for which the
permit was approved is discontinued or abandoned for a period of six (6) months.
.0702 The Operator’s Registration shall automatically expire and be of no
further force or effect if after establishment, the Orange County Adult Alcohol and Drug
Sober Living Facilities Certification issued by the Orange County Sheriff’s Department for
the facility is expired or revoked.
.080 Operational Standards. All facilities subject to this section shall comply
with all operational standards specified in Section 18.38.123 of this Code.
.090 Existing Facilities. Facilities existing prior to effective date of regulations
set forth in this section must comply with the following:
.0901 Existing facilities shall apply for the Operator’s Registration or
Operator’s Permit within ninety (90) days of the effective date of regulations set forth in
this section.
.0902 Existing facilities shall have one (1) year from the effective date of
the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their
provisions.
.0903 Existing facilities obligated by a written lease exceeding one (1)
year from the effective date of the ordinance, or whose activity involves investment of
money in leasehold or improvements such that a longer period is necessary to prevent
undue financial hardship, are eligible for up to two (2) additional years grace period
pursuant to approval of an Operator’s Permit.
.0904 If an Operator’s Registration or Operator’s Permit submitted for
existing facilities is denied pursuant to this section, such facility shall be deemed unlawful
and shall seize its operations immediately after a denial of the Operator’s Registration or
Operator’s Permit is issued.
SECTION 7. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title
18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Small)
P
Community Care Facilities – Licensed
(Small)
P
Community Care Facilities – Unlicensed
(Small)
N
Dwellings–Multiple-Family P
Dwellings – Multiple-Family in the
Gateway District, Sub- Area B
C Subject to the approval of Conditional Use
Permit No. 2003- 04763, as may be amended
from time to time, and subject to the
conditions set forth in Section 18.66.060
(Findings), and further subject to paragraphs
28
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
.0201 and .0202 of subsection .020 of Section
18.20.200.
Dwellings–Single-Family Attached P
Dwellings–Single-Family Detached N
Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens
Apartment Projects)
Senior Living Facilities (Small) P
Sober Living Homes (Small) N
Supportive Housing P
Transitional Housing P
Non-Residential Classes of Uses
Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in
conjunction with Markets–Large
Alcoholic Beverage Sales–On - Sale M/C GF Permitted with minor conditional use permit if
accessory to a primary restaurant use
Alcoholism or Drug Abuse Recover y or
Treatment Facilities (Large)
N
Automotive–Public Parking M
Automotive–Repair & Modification:
Major
N
Automotive–Repair & Modification:
Minor
N
Automotive–Sales Agency Office (Retail) N
Automotive–Sales Agency Office
(Wholesale)
N
Automotive–Vehicle Sales, Lease &
Rental
N Except as permitted as an accessory use
Automotive–Service Stations C
Bars & Nightclubs C GF
Billboards N
Boarding House N
Business & Financial Services P GF
Commercial Retail Centers C
Community Care Facilities – Licensed
(Large)
N
Community Care Facilities – Unlicensed
(Large)
N
Community & Religious Assembly C GF
Computer Internet & Amusement
Facilities
N N
Convenience Stores C GF
Conversions of hotels or motels to semi-
permanent living quarters
N
Dance & Fitness Studios–Large P GF
Dance & Fitness Studios–Small P GF
Day Care Centers C GF
Drive-through Facilities N
Educational Institutions–Business M GF
Educational Institutions–General C GF
Educational Institutions–Tutoring P GF
29
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE*
*Does not apply to the Office District; see subsection
18.20.030.010 for Office District uses.
P=Permitted by Right
C=Conditional Use Permit Required
M= Minor Conditional Use Permit
Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Entertainment Venue C GF
Hotels P/C/ Hotels are permitted, extended-stay hotels are
permitted by conditional use permit
Markets–Large P GF Outdoor farmer’s markets are allowed with a
conditional use permit
Markets–Small P GF
Medical and Dental Offices P GF
Motels N N
Offices–General P GF
Personal Services–General P GF On-site dry cleaning not allowed; conditional
use permit required for laundromats;
laundromats are subject to § 18.38.150.
Massage subject to § 18.16.070, except
massage not permitted within Live/Work
Units.
Personal Services–Restricted C GF
Public Services P GF
Recreation–Billiards P GF
Recreation–Commercial Indoor P GF
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming & Tennis P
Repair Services–Limited P GF
Research and Development P
Restaurants–Drive-Through N
Restaurants–General P GF
Restaurants–Outdoor Dining P GF Subject to § 18.38.220 (Restaurants– Outdoor
Seating and Dining)
Restaurants–Walk-Up P GF
Retail Sales–General P GF
Retail Sales–Kiosk M GF
Retail Sales–Used Merchandise N
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Sex-oriented businesses, as defined in
Chapter 18.54 (Sex-Oriented Businesses)
N
Studios–Broadcasting P GF Broadcasting antennas require a conditional
use permit
Studios–Recording P GF
Swap meets, indoor and outdoor N
Transit Facilities P GF
Utilities–Major C
Use or activities not listed, nor
specifically prohibited
C As determined by the Planning Commission
to be compatible with the intended purpose of
the PTMU Overlay Zone.
SECTION 8. That Section 18.22.070 (O-L Zone Uses) of Chapter 18.22 (Brookhurst
Commercial Corridor (BCC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
30
18.22.070 O-L ZONE USES.
The requirements contained in Chapter 18.08 (Commercial Zones) for the Low
Intensity Office Zone ("O-L") Zone shall apply, except that, notwithstanding any other
provisions of this chapter to the contrary, the following permitted, accessory and
conditional uses shall be prohibited:
.010 Boarding Houses. and lodging houses.
.020 Bingo establishments.
.030 Non-residential use of residential structures.
.040 Hotels, motels, and motor inns.
.050 Mobile home and/or trailer parks.
.060 Mobile home park subdivisions.
.070 Off-premises sale of alcoholic beverages.
.080 Reconstruction of a single-family residence, damaged or destroyed, except
a legally established single-family residence, existing on the date of adoption of the
ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire,
wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may
be reconstructed subject to development standards contained within either the "RS-2" or
"RS-3" Zone, based on lot size; provided that a complete and proper application for a
building permit is filed with the Building Division, within two (2) years of the date of the
event that caused the damage or destruction.
.090 Bars and cocktail lounges, unless integrated with a full-service restaurant
that has been approved by a conditional use permit pursuant to Chapter 18.66 (Conditional
Use Permits).
.100 Storage of Class C explosives in any amount.
SECTION 9. That Subsection .010 of Section 18.22.080 (C-G Zone Uses) of Chapter
18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone) 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 Uses Prohibited. The requirements contained in Chapter 18.08
(Commercial Zones) for the General Commercial ("C-G") Zone shall apply, except that,
notwithstanding any other provisions of this chapter to the contrary, the following
permitted, accessory and conditional uses shall be prohibited:
.0101 Amusement device arcades.
.0102 Bars and cocktail lounges, unless integrated with a full-service
restaurant that has been approved pursuant to subsection .020 below.
.0103 Billboards.
.0104 Boarding Houses. and lodging houses.
.0105 Computer Internet & Amusement Facilities.
.0106 Hotels, motels, and motor inns.
.0107 Labor camps.
.0108 Large collection facilities for recycling purposes.
.0109 Liquor stores.
.0110 Deleted.
.0111 Mobile home and/or trailer parks.
.0112 Mobile home park subdivisions.
.0113 Nightclubs.
31
.0114 Non-residential use of residential structure.
.0115 Off-premises sale of alcoholic beverages in premises with fifteen
thousand (15,000) square feet or less in interior building floor area.
.0116 Pawnshops.
.0117 Pool and/or billiard centers
.0118 Dance Venue, as defined in Section 18.92.070 (“D” words, terms
and phrases.) of Chapter 18.92.
.0119 Reconstruction of a single-family residence damaged or destroyed,
except a legally established single-family residence, existing on the date of adoption of the
ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire,
wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may
be reconstructed subject to development standards contained within either the "RS-2" or
"RS-3" Zone, based on lot size; provided that a complete and proper application for a
building permit is filed with the Building Division, within two (2) years of the date of the
event that caused the damage or destruction.
.0120 Saunas and spas.
.0121 Self-storage or mini-warehouse facilities.
.0122 Sex-oriented businesses.
SECTION 10. That Section 18.24.100 (Prohibited Uses and Structures in Commercial
Zones) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
18.24.080 PROHIBITED USES AND STRUCTURES IN COMMERCIAL ZONES.
The following uses and structures shall be prohibited in commercial zones as
described in Chapter 18.08 (Commercial Zones):
.010 Pool or billiard centers;
.020 Reconditioned used merchandise sales, except for I (SABC-Neighborhood
Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay-
Neighborhood Commercial District) zoned properties located on the east side of Anaheim
Boulevard between Broadway and Sant a Ana Street;
.030 Sex-oriented businesses;
.040 Saunas and/or spas, except when integrated into a hotel use;
.050 Amusement device arcades, except when integrated into a hotel use or a
full-service restaurant;
.060 Automobile sales and rental agencies and lots;
.070 Automotive vehicle repairs, overhaul, installation of parts and accessories;
.080 Billboards;
.090 Boarding Houses; and lodging houses;
.110 Commercial use of residential structures;
.120 Computer Internet & Amusement Facilities;
.130 Jail farms or honor farms for prisoner rehabilitation;
.140 Labor camps;
.150 Mobile home park subdivisions;
.160 Pawnshops;
.170 Self-storage or mini warehouse facilities; and
.180 Balloons, fixed or tethered, including inflatable advertising devices.
32
SECTION 11. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of
Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Small)
P
Community Care Facilities –
Licensed (Small)
P
Community Care Facilities –
Unlicensed (Small)
N
Dwellings–Multiple-Family P
Dwellings–Single-Family Attached P
Dwellings–Single-Family Detached P
Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens’ Housing–
Apartment Projects)
Senior Living Facilities (Small) P
Sober Living Homes (Small) N
Supportive Housing P
Transitional Housing P
Non-Residential Classes of Uses
Alcoholic Beverage Manufacturing P Subject to Section 18.38.025
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale P Conditional use permit required if sales are not
accessory to a primary restaurant use
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Large)
N
Animal Boarding N
Animal Grooming P
Antennas–Broadcasting P Conditional use permit required if facilities are not
accessory to a primary use on the same lot, not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature
Antennas– Private Transmitting P Conditional use permit required, if facilities are not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature
Antennas–Telecommunications P Conditional use permit required if facilities are not
completely screened from view from a public right-of-
way or not disguised as an integral architectural feature;
subject to Section 18.38.060 (Antennas–
Telecommunications)
Automotive–Impound Yards N
Automotive–Public Parking P
33
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Automotive–Repair &
Modification: Major
N
Automotive–Repair &
Modification: Minor
N
Automotive–Sales Agency Office
(Retail)
N
Automotive–Sales Agency Office
(Wholesale)
N
Automotive–Washing N
Bars & Nightclubs C
Billboards N
Boarding House N
Business & Financial Services P
Commercial Place-making Uses P Subject to review and approval by the Planning and
Community and Economic Development Departments
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Community & Religious Assembly C Conditional Use Permit not required for museums
Computer Internet & Amusement
Facilities
N
Convalescent and Rest Homes N
Convenience Stores N
Dance and Fitness Studios–Large P
Dance and Fitness Studios–Small P
Day Care Centers C
Drive Through Facilities N
Educational Institutions–Business P
Educational Institutions–General C
Educational Institutions–Tutoring P Subject to Subsection .050 of Section 18.36.040
(Educational Institutions–Tutoring)
Entertainment Venue C Subject to Subsection .050 of Section 18.36.040
(Entertainment Venue)
Hotels C
Markets–Large P Outdoor farmers markets are allowed with a conditional
use permit
Markets–Small P
Medical & Dental Offices P
Medical Marijuana Dispensaries N
Motels N
Offices–General P
Pawn shops N
Personal Services–General P/N On-site dry cleaning and laundromats are not allowed.
Massage subject to § 18.16.070 except massage not
permitted in live/work units.
34
Table 30-A
PRIMARY USES: DOWNTOWN MIXED
USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Personal Services–Restricted N
Public Services P
Public Art and Murals P Subject to review and approval by the Planning and
Community and Economic Development Departments
Recreation–Billiards P Subject to Section 18.38.085
Recreation–Commercial Indoor C
Recreation–Commercial Outdoor C
Recreation–Low-Impact P
Recreation–Swimming and Tennis P
Repair Services–General N
Repair Services–Limited P
Research and Development N
Restaurants–General P Subject to Subsection .180 of Section 18.36.040
Restaurants–Outdoor Seating and
Dining
P Subject to Section 18.38.220
Restaurants–Walk-Up P
Retail Sales–General P
Retail Sales–Kiosks M If food service is proposed, the application shall include
a complete description of how food products will be
refrigerated and/or heated, and how utensils, appliances
and equipment will be cleaned.
Retail Sales–Used Merchandise P
Self-Storage Facilities N
Smoking Lounges N
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Studios–Broadcasting P
Studios–Recording P
Utilities–Major N
Utilities–Minor P
SECTION 12. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter
18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended and restated to read in full as follows:
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Residential Classes of Uses
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Small)
C
Community Care Facilities –
Licensed (Small)
C
35
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Community Care Facilities –
Unlicensed (Small)
N
Dwellings–Multiple- Family C 24-hour on -site management is required
Dwellings–Single- Family Attached C
Senior Citizen Housing C Subject to Chapter 18.50
Senior Living Facilities (Small) C
Sober Living Homes (Small) N
Supportive Housing C
Transitional Housing C
Non-Residential Classes of Uses
Alcoholic Beverage Sales–Off-Sale C
Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory
to a primary restaurant use
Alcoholism or Drug Abuse
Recover y or Treatment Facilities
(Large)
N
Animal Grooming P
Antennas– Telecommunications C Shall be fully screened by the building to which they are
attached; subject to § 18.38.060
Automotive–Public Parking M
Automotive–Sales Agency Office
(Retail)
M
Automotive–Sales Agency Office
(Wholesale)
P Subject to § 18.16.055 for office use, only; no on-site
storage, display or parking of any vehicle being held as
inventory
Automotive–Repair & Major
Modification
N
Automotive–Repair & Minor
Modification
N
Bars & Nightclubs C
Boarding House N
Business & Financial Services P
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Computer Internet & Amusement
Facilities
N
Convenience Stores C Subject to § 18.38.110
Dance & Fitness Studios–Large C
Dance & Fitness Studios–Small P
Drive-Through Facilities C
Educational Institutions–Business M
Entertainment Venue C
Hotels C
Markets–Large P Subject to § 18.38.155
Markets–Small P Subject to § 18.38.155
Medical & Dental Offices P
Motels C
Offices P
Personal Services–General P Massage subject to § 18.16.070, except massage not
permitted within Live/Work Units.
36
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Personal Services–Restricted C
Recreation–Commercial Indoor C
Recreation–Low-Impact P Allowed only as an accessory use to a primary use
Repair Services–Limited P
Research and Development N
Restaurants–General P Subject to § 18.38.220
Restaurants–Outdoor Dining P Subject to § 18.38.220
Retail Sales–General P
Retail Sales–Kiosks M
Short-Term Rentals P Subject to a short-term rental permit as provided in
Chapter 4.05
Senior Living Facilities (Large) N
Sober Living Homes (Large) N
Transit Facilities C
Utilities–Major P Allowed only as an accessory use to a primary use
Wine Bars C
SECTION 13. That Section 18.36.030 (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:
18.36.030 RESIDENTIAL PRIMARY USE CLASSES.
.010 Alcoholism or Drug Abuse Recovery or Treatment Facility (Small). A State
licensed and/or certified facility, as defined in Section 11834.02 of the California Health
& Safety Code, which includes any premises, place, or building that provides residential
nonmedical services to six (6) or fewer adults who are recovering from problems related
to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services.
.020 Community Care Facility – Licensed (Small). A building or portion thereof,
designed or used for a residential facility licensed and/or certified by the State that provides
non-medical care, services, counseling or supervision to six (6) or fewer children or adults,
including, but not limited to, persons who are physically handicapped, mentally impaired,
incompetent persons, and abused or neglected children. Such facilities include community
care facilities as defined in California Health and Safety Code Section 1502, and other
similar State licensed care facilities. This use class shall not include Alcoholism or Drug
Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober
Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter.
.030 Community Care Facility – Unlicensed (Small). A building or portion
thereof, designed or used for a residential care facility, not licensed by the State, that
provides supportive living environment for six (6) or fewer adults who are considered
handicapped under State or Federal Law (commonly referred to as a “group home”). This
use class shall not include any Community Care Facility – Unlicensed that operates as a
Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
37
Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise
defined in this Chapter.
.010.040 Dwellings–Multiple-Family. This use class consists of two (2) or
more dwelling units within the same structure, located on a single lot, each with its own
kitchen and bathroom facilities.
.020.050 Dwellings–Single-Family Attached. A dwelling unit attached to
another dwelling unit by a common wall, commonly referred to as a townhouse, half-plex,
or row house. The shared wall or walls extend from the foundation to the roof with
adjoining dwelling units to form a property. Each dwelling unit has individual heating and
plumbing systems.
.030.060 Dwellings–Single-Family Detached. A dwelling unit with open
space on all four sides. The dwelling unit often possesses an attached garage.
.040.070 Mobile Home Parks. This use class consists of a site that is planned
and improved to accommodate two (2) or more Mobile Homes or Manufactured Homes
used for residential purposes, or on which two (2) or more Mobile Home or Manufactured
Home spaces or lots each accommodate a Mobile Home or Manufactured Home for
residential purposes.
.050 Residential Care Facilities. This use class consists of providing twenty-four
(24)-hour residential living accommodations for six (6) or fewer persons. Residential care
facilities are further described in Section 18.92.210 of Chapter 18.92 (Definitions) under
“Residential or Group Care Facilities.”
.060.080 Senior Citizen Housing. This use class consists of Senior Citizen
Apartment Projects and Senior Citizen Housing Developments as defined in Chapter 18.92
(Definitions).
.090 Senior Living Facility (Small). A State licensed facility that meet s the
definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of
California Health and Safety Code, subject to regulations of Chapter 3.2 of California
Health and Safety Code. Such facility provides care and services on a monthly basis or
longer to six (6) or fewer persons 60 years of age or older, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related
services are provided, based upon their varying needs, as determined in order to be
admitted and to remain in the facility. Senior Living Facilities may include the following:
.0901 Independent living: Facilities intended for individuals who are
presently able to manage an independent lifestyle, but foresee a future where more support
will be necessary. Residents of an independent living facility are provided with assistance
in the instrumental activities of daily living, such as dining, housekeeping, security,
transportation and recreation. Independent living dwelling units may have separate
kitchens and garages.
.0902 Assisted living: Facilities intended for residents that require some
assistance with the activities of daily living, but do not need the 24-hour care of a nursing
home. Assisted living services are regulated by Title 22, Division 6, Chapter 8 of California
Code of Regulations. These services include assistance with dressing, bathing, walking,
eating and toileting, in addition to dining, housekeeping, security, transportation and
recreation.
.0903 Memory living care: facilities intended for residents who require
specialized care for dementia, Alzheimer's or other memory related illnesses. Memory
living care services may be provided by a stand-alone facility, or by a facility offering a
broader range of services, and includes dining, housekeeping, security, transportation and
recreation.
38
.0904 Skilled nursing: facilities intended for residents who require nursing
care or supervision, either on a short-term or long-term basis, as regulated by Title 22,
Division 5, Chapter 3 of California Code of Regulations.
.0905 Continuing care retirement community: Facilities intended to serve
the long-term residential, social, and health care needs of elderly residents by providing a
continuum of care, minimizing transfer trauma and allowing the following services to be
provided in an appropriately licensed setting: dining, housekeeping, security,
transportation and recreation. Such facilities are regulated by Title 22, Division 6, Chapter
8 of California Code of Regulations and Division 2, Chapter 10 of Health and Safety Code.
Continuing care retirement community may include more than one, or all four, of the types
of senior living facilities listed above.
.100 Sober Living Home (Small). A residential care facility not licensed by the
State, providing supportive living environment that is an alcohol and drug-free for six (6)
or fewer adults recovering from alcoholism and/or drug abuse, who are considered
handicapped under State or Federal law. Such facility shall not provide the services that
are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse
Recovery or Treatment Facilities. This use class shall not include any Sober Living Home
operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment
Facilities, Boarding Houses, Community Care Facilities – Licensed, or any other uses
otherwise defined in this Chapter.
.070.110 Supportive Housing. This use class consists of housing that has the
same meaning as defined in subdivision (f) of Section 65582 of the Government Code.
.080.120 Transitional Housing. This use class consists of housing that has the
same meaning as defined in subdivision (h) of Section 65582 of the Government Code."
SECTION 14. That Subsection .010 of Section 18.36.040 (Non-Residential P rimary 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 or tap 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 alco holic beverages.
Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large). A State
licensed and/or certified facility, as defined in Section 11834.02 of the California Health
39
& Safety Code, which includes any premises, place, or building that provides residential
nonmedical services to seven (7) or more adults who are recovering from problems related
to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or
alcohol and drug recovery treatment or detoxification services.
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, 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, day care 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.
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 fo r 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, boats, recreational vehicles, 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).
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This use class includes "autobroker" or "auto buying service", as defined in Section 166 of
the California Vehicle Code.
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: Major. This use class consists of facilities
that are engaged primarily in substantial repair of automobiles and other vehicles such as
boats, recreational vehicles and water-sport vehicles, such as major body or paint work,
major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame
work, welding, and other similar services as determined by the Planning Director. This use
excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or
other related equipment, or temporary storage of vehicles that have bene involved in
accidents.
Automotive-Repair and Modification: Minor. This use class consists of facilities
that conduct routine and incidental repair services of automobiles and other vehicles such
as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical
services include smog check, quick-service oil, tune-up, brake and wheel service, accessory
and tire installation and service, engine adjustments, electrical work, front -end alignment,
stereo installation, window tinting, and other similar services as determined by the
Planning Director, where all repair services are conducted in enclosed bays, no vehicles
are stored overnight, and there are no outdoor storage of any materials, parts, and/or
equipment. This use excludes facilities that are used for towing of vehicles, sale, repair,
and storage of trucks or other related equipment, or temporary storage of vehicles that have
bene involved in accidents.
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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’.
Automotive-Vehicle Storage. This use class consists of properties used for the
temporary off-site storage of inventory for the type of use "Automotive-Vehicle Sales,
Lease & Rental," as described above and operated within the City of Anaheim.
Automotive-Washing. This use class consists of establishments providing hand-
operated, self-service, or mechanical automobile washing services, and may include
detailing.
SECTION 15. That Subsection .020 of Section 18.36.040 (Non-Residential Primary Use
Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
.020 “B” Use Classes.
Banquet Hall. This use class consists of a facility rented out for private events,
which involve the service of a meal and at which seating is provided at tables. As used
herein, “private event” means a gathering of persons who have been individually invited
to the event and from which persons not so invited are excluded. Live entertainment and
dancing is permitted in a banquet hall; however, such live entertainment or dancing shall
not be the primary use of a banquet hall. Alcoholic beverages may be sold or consumed
within a banquet hall during a private event subject to state law requirements and if allowed
by a conditional use permit.
Bars & Nightclubs. This use class consists of establishments other than accessory
bar that primarily serve beer, wine, or other alcoholic beverages to be consumed on-
premises, with or without food service, from which minors are excluded by law, and which
requires a “public premises”-type license issued by the California Department of Alcoholic
Beverage Control. It also consists of establishments that serve alcohol and may provide
accessory music and/or live entertainment as defined in 18.92.040, for patrons to be
entertained, that is regularly open to the public with or without the payment of a cover
charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54
(Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined
in this chapter. Typical land uses include night clubs, bars with entertainment, and bars.
Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling
providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast
and snacks to the guests.
Beekeeping. This use class consists of raising bees, other than in a closed container,
for any purpose.
Billboards. This use class consists of billboards, as defined and regulated by
Chapter 18.44 (Signs).
Boarding House. A building, or portion thereof, where lodging is provided for
persons, with or without meals for monetary or non-monetary compensation, 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 at the property,
including permanent residents, live-in operators, and guests, shall not exceed fifteen (15)
people. This use class shall not include a Hotel, Motel, Bed and Breakfast Inn,
Convalescent & Rest Homes, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
Community Care Facilities – Licensed, Community Care Facilities - Unlicensed, Sober
Living Homes, or any other uses defined in this Section.
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Building Material Sales. This use class consists of the sale of materials used for
the construction of buildings, the incidental sale of landscaping materials, and the
incidental sale or rental of tools. This use typically includes the storage of considerable
quantities of such materials outdoors and/or in structures other than the main building.
Typical uses include lumberyards, tile and roofing-materials stores.
Business & Financial Services. This use class consists of establishments providing
services oriented to business matters and involving significant walk-in contact with the
public. Typical uses include consumer-oriented financial services, such as banks and tax
preparation services, duplicating and faxing services, printing services, and real estate sales
offices. Business services that do not involve significant public contact are classified under
the Offices use class.
SECTION 16. 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 Equestrian Establishments. This use class consists of the commercial
stabling of equine animals and activities related to the use of horses.
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 permitt ed 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 Care Facility – Licensed (Large). A building or portion thereof,
designed or used for a residential facility licensed and/or certified by the State that provides
non-medical care, services, counseling or supervision to seven (7) or more children or
adults, including, but not limited to, persons who are physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children. Such facilities include
community care facilities as defined in California Health and Safety Code Section 1502,
and other similar State licensed care facilities. This use class shall not include Alcoholism
or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed,
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Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this
Chapter.
Community Care Facility – Unlicensed (Large). A building or portion thereof,
designed or used for a residential care facility, not licensed by the State, that provides
supportive living environment for seven (7) or mo re adults who are considered
handicapped under State or Federal Law (commonly referred to as a “group home”). This
use class shall not include any Community Care Facility – Unlicensed that operates as a
Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities,
Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise
defined in this Chapter.
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 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/or other personal services on a twenty-four (24) hour basis for seven (7) or
more convalescents, invalids and/or aged persons who are unable to care for themselves,
requiring regular medical attention (commonly referred to as a “nursing home” or
“hospice”),. but This use excludes excluding cases of alcohol and/or drug addictions,
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 17. That Subsection .070 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:
.070 “G” Use Classes.
Golf Courses & Country Clubs. This use class consists of golf courses and related
uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf
supplies and accessories, social areas, and eating and drinking facilities for members, users
and guests.
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Group Care Facilities. This use class consists of facilities that provide twenty-four
(24)-hour residentia l living accommodations for seven (7) or more persons, including
dormitories.
SECTION 18. 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.
Recreation-Swimming & Tennis. This use class consists of outdoor swim clubs and
tennis courts.
Recuperative Care/Medical Respite. This use class consists of facilities that provide
short term care and case management to individuals who have been referred by or
discharged from a government, community, or licensed medical facility. Recuperative
Care/Medical Respite uses shall not allow walk-in clients. Said individuals shall be
recovering from an acute illness or injury that generally does not necessitate hospitalization
during recovery and whose conditions would be exacerbated by their living conditions
(e.g., individuals are either homeless or at risk of being homeless, or have the absence of a
caregiver, and have a medical condition requiring post-acute clinical care). These uses
provide collaborative services such as case management, referrals, transportation,
eligibility assistance, health education, environmental health risk reduction, health literacy,
and outreach for homeless or those at risk of being homeless or have the absence of a
caregiver, and allow such individuals the opportunity to rest and recover in a safe
environment while accessing medical care and other supportive services for a finite length
of time before transitioning from this type of use to the community or other supportive
housing. Operators of Recuperative Care/Medical Respite uses may coo rdinate or
administer medical care subject to State and/or Federal licensing requirements.
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).
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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.
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
46
cooking facilities in the guest rooms. The total number of people living in the building,
including permanent residents, live-in operators, and guests, shall not exceed fifteen (15)
people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities
are not included.
SECTION 19. That Subsection .190 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:
.190 “S” Use Classes.
Self Storage. This use class consists of establishments providing storage services,
primarily for personal effects and household goods, within enclosed storage areas having
individual access. The incidental sale of boxes and packing materials is included.
Senior Living Facilities (Large). A State licensed facility that meets the
definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of
California Health and Safety Code, subject to regulations of Chapter 3.2 of California
Health and Safety Code. Such facility provides care and services on a monthly basis or
longer to seven (7) or more persons 60 years of age or older, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related
services are provided, based upon their varying needs, as determined in order to be
admitted and to remain in the facility. This use class may include Independent Living,
Assisted Living, Memory Living Care, Skilled Nursing, and Continuing Care Retirement
Community, which are further defined under Senior Living Facilities (Small) in this
chapter.
Sex-Oriented Businesses. This use class consists of establishments defined as sex-
oriented businesses in Chapter 18.54 (Sex-Oriented Businesses).
Sober Living Home (Large). A residential care facility not licensed by the State,
providing supportive living environment that is an alcohol and drug-free for seven (7) or
more adults recovering from alcoholism and/or drug abuse and considered handicapped
under State or Federal law. Such facility shall not provide the services that are provided
by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or
Treatment Facilities. This use class shall not include any Sober Living Home operating as
a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities,
Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise
defined in this Chapter.
Studios–Broadcasting. This use class consists of facilities used for the broadcasting
of radio, television or Internet programs. Facilities with live audiences shall be considered
“Ent ertainment Venue.”
Studios–Recording. This use class consists of facilities used for the recording of
music and other voice communications, for the purpose of dissemination by broadcast, the
Internet, compact disks or similar media. Recording studios with live audiences shall be
considered “Entertainment Venue.”
SECTION 20. That new Section 18.38.123 (Community Care Facilities - Unlicensed and
Sober Living Homes) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18
(Zoning) of the Anaheim Municipal Code be to read in full as follows:
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18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER
LIVING HOMES
Uses classified as Community Care Facilities – Unlicensed (Small), Community Care
Facilities – Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are
subject to the provisions of this section.
.010 Permits Required. No person, firm, corporation or other entity shall operate any
Community Care Facility – Unlicensed and a S ober Living Home, regardless of size, within the
City without first obtaining a valid permit.
.020 Operational Standards.
.0201 Number of Residents.
.01 Community Care Facilities – Unlicensed (Small) and Sober
Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager
and staff. If the facility is located within a residential property that has an Accessory Dwelling
Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6)
residents has been exceeded.
.02 Community Care Facilities – Unlicensed (Large) and Sober
Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager.
If the facility is located within a residential property that has an Accessory Dwelling Unit(s),
residents of all units shall be combined to determine the total number of residents.
.0202 The facility shall not be located in an Accessory Dwelling Unit unless the
primary dwelling unit is used for the same purpose.
.0203 The facility shall have a house manager who resides on site or any number
of persons acting as a house manager who are present at the facility on a 24-hour basis and who are
responsible for the day-to-day operation of the facility.
.0204 Parking.
.01 All garages, driveways, and/or assigned parking spaces associated
with the facility shall be available for the parking of vehicles at all times.
.02 All vehicles shall be operable and be parked on-site.
.0205 Separation requirements.
.01 Community Care Facility, Unlicensed. Such facility, regardless
of size, shall not be located within three hundred (300) feet, as measured from the closest property
lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed,
regardless of size.
.02 Sober Living Home. Such facility, regardless of size, s hall not be
located within eight hundred (800) feet, as measured from the closest property lines, of any other
Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of
size.
.0206 All facilit ies shall not provide “Care and supervision” to the residents, as
defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended.
.0207 Sober Living Home shall not provide any of the following services as they
are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended:
detoxification, educational counseling, individual or group counseling sessions, and treatment or
recovery planning.
.0208 The property shall be fully in compliance with all building codes, codified
ordinances, and this Code.
.0209 Owners/Operators of all facilities shall certify under penalty of perjury that
the facility has and will implement the following written procedures and policies:
.01 Intake procedures
.02 Facility rules and regulations
.03 A good neighbor policy, which, at minimum, requires residents to
be considerate of neighbors, including refraining from engaging in excessively loud, profane, or
obnoxious behavior that would unduly interfere wit h a neighbor’s use and enjoyment of their
48
dwelling unit. The good neighbor policy shall establish a written protocol for the house
manager/operator to follow when a neighbor complaint is received.
.04 Eviction and involuntary termination procedures, which, at
minimum, ensure the following:
a. Notification to the resident’s emergency contact or
contact of record.
b. Notification to the Orange County Health Care Agency
OC Links Referral Line and/or another entity designated by the County to determine the services
available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient
treatment.
c. Provision of the information obtained regarding services
available to the resident and any other treatment provider or service to the resident prior to his or
her release.
d. Provision of transportation to the address listed on the
resident’s driver license, state-issued identification card, or the permanent address identified in the
resident’s application or referral to the other commu nity care facilities, sober living homes, or
similar facilities.
.05 Any additional written procedures and policies, as otherwise
determined by the Planning Director.
.0210 In addition to the written policies listed in Subsection 18.38.123.20.0209
of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury
that the facility ha s and will implement the following written procedures and policies :
.01 An active program participation policy that requires all residents,
other than the house manager, to actively participate in legitimate recovery programs located off-
site, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous. The sober
living home operator shall maintain current records of program attendance.
.02 A visitation policy that preclude any visitors who are under the
influence of any drug or alcohol.
.03 Controlled substance policy, which, at minimum, includes the
following. Such policy shall be posted on-site in a common area inside the dwelling unit:
a. Prohibition of the use of any alcohol or any non-
prescription drugs at the facility or by any resident either on- or off-site.
b. Rules regarding possession, use, and storage of
prescription medications.
.04 Any additional written procedures and policies, as otherwise
determined by the Planning Director.
.0211 Refusal to comply with the facility’s rules and regulations, as provided in
the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of
this section, shall be a cause of eviction.
.0212 The facility operator shall maintain records for a period of one (1) year
following eviction from or involuntary termination of residency of an resident that documents
compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing
herein shall require the operator to violate any provision of State or Federal law regarding
confidentiality of health care information.
.0213 Exception. Community Care Facilities, Unlicensed and Sober Living
Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by
submitting a request setting forth specific reasons as to why accommodation over and above this
section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for
Reasonable Accommodation).
SECTION 21. That Table 42-A (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 and restated to read in full as follows:
49
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Agricultural Crops 5 spaces per 10 acres.
Alcoholic Beverage
Manufacturing
1.55 spaces per 1,000 square feet of GFA, which may include a
maximum of 10% office space, plus, if the percentage of office
space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of
GFA for the floor area in excess of 10%
Tasting or Tap 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).
Alcoholism or Drug Abuse
Recovery or Treatment
Facility (Large)
0.8 space per bed
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
Transmitting
None.
Antennas–
Telecommunications
1 space.
Automatic Teller Machines
(ATM’s) (Exterior, walk-up
facilities not located on
properties developed with
other retail or office uses.)
2 spaces per machine.
Note: No parking spaces are required when located on the exterior
building wall of an existing business use, when located within the
interior of any other type of business establishment, or when free-
standing machines are located on properties developed with other
retail or office uses. In addition, no parking spaces are required for
drive-up facilities.
Automotive–Vehicle Sales,
Lease & Rental
General: 2.5 spaces per 1,000 square feet of GFA for interior
showroom, plus 4 spaces per 1,000 square feet of office use, plus 4
spaces per 1,000 square feet of building GFA used for parts, sales,
storage and repair use.
Wholesale (excluding auctions): 4 spaces per 1,000 square feet of
space used for parking vehicles to be sold.
Auctions: Requires parking demand study per paragraph
18.42.040.010.0108.
Automotive–Sales Agency
Office
4 spaces per 1,000 square feet of GFA.
Automotive–Public Parking None.
Automotive–Parts Sales 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.
Automotive–Service
Stations
Stand-Alone: 2 spaces.
In Conjunction with Accessory Retail/Convenience Store: 4 spaces
per 1,000 square feet 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.
50
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per
1,000 square feet of GFA.
Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this use class,
"Bedroom" means any room designed, intended or primarily used for
sleeping purposes).
Beekeeping None.
Billboards None.
Boarding House 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this provision,
"Bedroom" means any room designed, intended or primarily used for
sleeping purposes).
Business & Financial
Services
4 spaces per 1,000 square feet of GFA.
Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108.
Community Care Facilities
– Licensed (Large)
0.8 space per bed
Community Care Facilities
– Unlicensed (Large)
0.8 space per bed
Commercial Retail Centers-
Large
All uses other than restaurants within retail centers unless specified
elsewhere in this code: 4 spaces per 1,000 square feet of GFA.
Restaurants within retail centers with 40 percent or less of GFA
devoted to restaurant 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 paragraph 18.42.040.010.0108.
Convalescent & Rest
Homes
0.8 space per bed.
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 Institutions–
Business
0.82 space per student, or 20 spaces per 1,000 square feet of GFA for
instruction area, whichever results in a greater number of spaces,
plus 4 spaces per 1,000 square feet of GFA for office area.
Educational Institutions–
General
Elementary and Junior High Schools: 1 space per classroom, plus 1
space per non-office employee, plus 4 spaces per 1,000 square feet
of GFA for office use, plus parking required for assembly halls and
auditoriums (see Community & Religious Assembly).
51
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
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 h alls and auditoriums (see
Community & Religious Assembly).
Educational Institutions–
Tutoring
4 spaces per 1,000 square feet of GFA.
Emergency Shelter 1 space per employee and volunteer staff member, plus 1 space for
every 4 beds or 0.5 spaces per bedroom designated for family units
with children.
Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and
29 spaces per 1,000 square feet of dance floor area.
Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000
squar e 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–Large 4 spaces per 1,000 square feet of building GFA for first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000
square feet, plus 0.4 space per 1,000 square feet of outdoor
equipment storage area.
Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000
square feet, plus 0.5 spaces per 1,000 square feet of outdoor
equipment storage area.
Golf Courses & Country
Clubs
Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of
building GFA used for public assembly, plus 4 spaces per 1,000
square feet of GFA used for other commercial purposes.
Golf Driving Ranges: 1 space per driving tee.
Group Care Facilities 0.8 space per bed.
Helipads Requires parking demand study per paragraph 18.42.040.010.0108.
Hospitals Requires parking demand study per paragraph 18.42.040.010.0108.
Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA
for banquet/meeting room, plus 8 spaces per 1,000 square feet of
GFA for full-service, outdoor dining, walk-up and fast-food
restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-
out restaurants integrated into the hotel complex, plus 1 space per
1,000 square feet of retail space plus 0.25 space for each employee
working in the guest room areas.
Hotels, Full Kitchen
Facilities
Same requirements as “Hotels & Motels”.
Industry Industrial: 1.55 spaces per 1,000 square feet of GFA, which may
include a maximum of 10% office space, plus, if the percentage of
office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet
of GFA for the floor area in excess of 10%.
52
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Industrial Training Facilities: 0.82 space per student, or 20 spaces
per 1,000 square feet of GFA for instructional use, whichever results
in a greater number of spaces, plus 4 spaces per 1,000 square feet of
GFA for office use.
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to
outdoor uses, excluding parking areas and vehicular access-ways, or
1 space per 2 maximum contemplated number of employees to be
engaged in the outdoor operation, whichever results in a greater
number of spaces.
Industry–Heavy Industrial–Heavy: 1.55 spaces per 1,000 square feet of building
GFA, which may include a maximum of 10% office space, plus, if
the percentage of office space exceeds 10% of the GFA, 4 spaces per
1,000 square feet of GFA for the floor area in excess of 10%.
Industrial Training Facilities: 0.82 space per student, or 20 spaces
per 1,000 square feet of GFA for instructional use, whichever results
in a greater number of spaces, plus 4 spaces per 1,000 square feet of
GFA for office use.
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to
outdoor uses, excluding parking areas and vehicular access-ways, or
1 space per 2 maximum contemplated number of employees to be
engaged in the outdoor operation, whichever results in the greater
number of spaces.
Junkyards 5 spaces or 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 Offices 6 spaces per 1,000 square feet of GFA.
Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108.
Office-Development 4 spaces per 1,000 square feet of GFA
Office-General 3 stories or lower: 4 spaces per 1,000 square feet of GFA.
More than 3 stories: 3 spaces per 1,000 square feet of GFA.
Oil Production 2 spaces per well.
Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any
accessory building, whichever is greater, plus spaces required for
service vehicles.
Personal Services–General 4 spaces per 1,000 square feet of GFA.
Personal Services–
Restricted
4 spaces per 1,000 square feet of GFA.
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 access-ways.
Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of more
than 3 stories.
Recreation–Commercial
Indoor
Amusement Arcades: requires parking demand study per paragraph
18.42.040.010.0108.
Billiard Halls: 2 spaces per billiard table, plus required spaces for
other uses within the facility.
Bowling Alleys: 6 spaces per bowling lane.
Racquetball Facilities: 5 spaces per court.
Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA.
53
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Other Uses: Requires parking demand study per subsection
18.42.040.010.0108.
Recreation–Commercial
Outdoor
Miniature Golf Course: 20 spaces per course, plus 1 per each
employee.
Other Uses: requires parking demand study per paragraph
18.42.040.010.0108.
Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.0108.
Recreation–Swimming &
Tennis
Swimming Facilities: requires parking demand study per paragraph
18.42.040.010.0108.
Tennis Courts: 5 spaces per court.
Recycling Services–
Consumer
None (spaces are required for host use(s) only).
Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA.
Recycling Services–
Processing
1.55 spaces per employee.
Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of more
than 3 stories.
Restaurants–General 20 seats or less: 5.5 spaces per 1,000 square feet of GFA.
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
Restaurants–Full Service Stand alone: 15 spaces per 1,000 square feet of GFA
Restaurants within a Commercial Retail Center-Small: 8 spaces per
1,000 square feet of 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
Retail Sales–General General: 4 spaces per 1,000 square feet of GFA.
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.
Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses,
excluding parking areas and vehicular access-ways, or 0.5 space per
each employee engaged in the outdoor operation, whichever results
in a greater number of parking spaces.
Retail Sales–Used
Merchandise
4 spaces per 1,000 square feet of GFA for first 100,000 square feet.
Room & Board 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this provision,
"Bedroom" means any room designed, intended or primarily used for
sleeping purposes).
Self-Storage Facilities Requires parking demand study per paragraph 18.42.040.010.0108.
Senior Living Facilities
(Large)
0.8 space per bed
54
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of
GFA.
Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of
GFA.
Smoking Lounges 17 spaces per 1,000 square feet of GFA.
Sober Living Homes
(Large)
0.8 space per bed
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 Office: 4 spaces per 1,000 square feet of GFA.
Indoor Storage Area: 1.55 spaces per 1,000 square feet of GFA.
Outdoor Storage Area: 0.4 spaces per 1,000 square feet of outdoor
storage areas (excluding vehicle access-ways)
Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108.
Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus
4 spaces per 1,000 square feet of office use, plus 5.5 square feet per
1,000 square feet of building GFA for parts, sales, storage and repair
use.
Utilities–Major Requires parking demand study per paragraph 18.42.040.010.0108.
Utilities–Minor None required.
Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet.
Warehousing & Storage–
Enclosed
Buildings with 100,000 square feet or less of GFA: 1.55 spaces per
1,000 square feet of GFA, which may include a maximum of up to
10% office space
Buildings with more than 100,000 square feet of GFA: 1 space per
1,000 square feet of GFA, 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%.
Warehousing & Storage–
Outdoors
0.4 spaces per 1,000 square feet of outdoor storage area (excluding
vehicle access-ways), plus 1.55 spaces per 1,000 square feet of GFA,
which may 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%.
Wholesaling Buildings with 100,000 square feet or less of GFA: 1.55 spaces per
1,000 square feet of GFA.
Buildings with more than 100,000 square feet of GFA: 1 space per
1,000 square feet of GFA.
SECTION 22. That Section 18.92.050 (“B” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.050 "B" WORDS, TERMS AND PHRASES.
"Bar.” An establishment, other than a cocktail lounge, wherein the primary use is
the sale of alcoholic beverages for consumption on the premises, with or without food service,
from which minors are excluded by law, and which requires a “public premises”-type license
55
issued by the California Department of Alcoholic Beverage Control, and where no cover
charge or admittance fee is charged to patrons.
"Basement.” An area of building designed for occupancy or use with the ceiling
located entirely at or below the finished grade of the land.
"Bed and Breakfast Inn.” See Chapter 18.36 (Types of Uses).
"Bedroom.” A private habitable room planned or used for sleeping, separated from
other rooms by a door or similar partition, except as provided herein. All rooms (other
than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer,
closet, pantry, or utility room) having seventy (70) square feet or more of floor area, or less
than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway,
shall be considered a bedroom.
“Beer” means any alcoholic beverage obtained by the fermentation of any infusion
or decoction of barley, malt, hops, or any other similar product, or any combination thereof
in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but
does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel
previously used to contain wine or distilled spirits shall be defined exclusively as “beer”
and shall not be considered a dilution or mixture of any other alcoholic beverage.
“Beer manufacturer” means any person licensed by the Department of Alcoholic
Beverage Control of the State of California that has facilities and equipment for the
purposes of, and is engaged in, the commercial manufacture of beer.
“Block.” All property fronting upon one side of a street between intersecting
streets, or between a street and right-of-way, waterway, terminus of a dead-end street or
city boundary.
“Boardinghouse.” A building, or portion thereof, where lodging and meals are
provided for compensation for seven (7) or more persons, excluding rest homes and
residential or group care facilities.
“Brandy manufacturer” means any person licensed by the Department of Alcoholic
Beverage Control of the State of California that is engaged in the manufacture of brandy
only and not in the manufacture of any other distilled spirits.
“Building.” A permanently located structure having a roof (all forms of vehicles,
even if immobilized, are excluded).
“Building, Main.” A building within which is conducted the principal use
permitted on the lot as provided by this title.
“Building, Height.” See “Height, Structural.”
“Building Site.” The ground area of one (1) or more lots, as defined herein, when
used in combination for a building or permitted group of buildings, together with all open
spaces as required by this title.
“Business.” The purchase, sale or other transaction involving the handling or
disposition of any article, substance or commodity for livelihood or profit; or the
management of office buildings, offices, recreational or amusement enterprises; or the
maintenance and use of offices, structures and premises by professions and trades rendering
services.
SECTION 23. That Section 18.92.060 (“C” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.060 "C" WORDS, TERMS AND PHRASES.
56
“California Massage Therapy Council” or “CAMTC”. The non-profit organization
established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600
et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a
statewide basis pursuant to Business and Professions Code Section 4600(g).
“CAMTC Certificate”. A Massage Practitioner or Massage Therapist certificate issued by
the California Massage Therapy Council.
“Canopy”. A freestanding, roof-like structure without enclosing walls, supported by
columns, poles or braces extending from the ground.
“Carnival”. A temporary organized program for entertainment or exhibition. The event is
typically operated by an organization whose primary business is to operate the entertainment such
as rides or amusement games. Festivals are also included.
“Carport”. A permanently roofed structure with not more than two (2) enclosed sides,
used, or intended to be used, for automobile shelter and storage.
“Chair Massage”. A massage as defined in Section 18.92.160, where the patron is fully
clothed and in a public or semi-public area while receiving the massage, and where the external
parts of the body which are massaged are limited to the head, neck, back and/or arms.
“Chief of Police”. The Chief of Police of the City of Anaheim, or his/her designated
representative.
“Child Day Care Center, Preschool and Nursery”. An establishment or home (other than
a large family day care home or a small family day care home, as defined in this title) which
provides care, protection and supervision to children, for periods of less than twenty-four (24)
hours per day, while the parents or guardians of such children are away.
“City”. The City of Anaheim.
“City Council”. The City Council of the City of Anaheim.
“City Manager”. The City Manager of the City of Anaheim, or his/her designated
representative.
“Club”. An association of persons for some common nonprofit purpose, but not including
groups organized primarily to render a service that is customarily carried on as a business.
“Commercial Retail Center”. Any combination of two (2) or more commercial uses or
commercial businesses, otherwise permitted or conditionally permitted in the zone in which they
are located, and which the uses or businesses are either: (i) located on a single parcel of property;
(ii) constructed as a single development project; or (iii) result from a remodeling, partitioning or
other division of space in a building, business or use on a single parcel of property.
“Commission”. The Planning Commission of the City of Anaheim, unless some other
commission is specifically mentioned.
“Computer”. Any electronic device designed or intended to access the Internet, or for
interconnection with other devices for playing electronic games.
“Computer Rental/Internet Amusement Business”. A business establishment which, for
compensation, provides for public use of computers or electronic communication devices, to which
computers are connected, for the purpose of providing its patrons with access to the Internet, e-
mail, video games played over the Internet or other computer game software, whether or not said
computer activity constitutes the primary use of the premises. Establishments commonly known
variously as PC (personal computer) cafes or zones, Internet cafes or zones, cyber cafes or cyber
centers or similar descriptions or uses are expressly included within the foregoing
definition. Educational institutions and child day care centers, preschools and nurseries, as said
terms are defined in Chapter 18.92 of this Code, are not included.
“Condominium”. An estate in real property, consisting of an undivided interest in common
in a portion of real property, together with a separate interest in space in a residential, industrial or
commercial building on such real property, as defined in California Civil Code Section 1351.
57
“Condominium Hotel”. A building or group of buildings containing residential
condomin ium units which are owned by individual investors and may be made available for rental
as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the
covenants, conditions, and restrictions of the condominium development.
“Convalescent Homes”. See “Rest Homes”.
“Convenience Stores”. A market or grocery store having an enclosed gross floor area of
less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of
prepackaged food items, and secondarily in a limited range of household items, magazines, off-
sale alcoholic beverages and similar items. Food items may be cooked or heated, but not
consumed, on the premises.
“Conviction” or “Convicted”. A plea or verdict of guilty or a conviction following a plea
of nolo contendere.
“Coop”. A place of confinement, usually in the form of a cage or small enclosure, used in
conjunction with the keeping of animals.
“Corral”. A yard that is enclosed to adequately confine animals.
“Cover Charge”. An admission fee imposed upon patrons, including advanced prepayment
for meals and similar fees.
“Crib Walls”. A wall constructed of individual, but often interlocking, timber or precast
concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often
including space for the planting of creeping and/or cascading foliage.
“Customer Area”. Any area open to customers of the establishment.
SECTION 24. That Section 18.92.070 (“D” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.070 "D" WORDS, TERMS AND PHRASES.
“Dance–One-Day.” A dance open to the public for an admittance fee or charge
which is held on one day only. The dance is typically held in locations that have space for
rent such as a banquet hall or hotel.
“Dance Venue.” A place open to the public upon the payment of an admittance
fee, wherein music is provided and people are allowed to dance, which is open at regular
intervals or on regular days of the week.
"Delicatessen.” A store where ready-to-eat food products or delicacies, such as
cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for
consumption either on or off the premises.
"Density.” The number of dwelling units per acre of land, including the area used
for open space, recreational uses, and accessory uses associated with the residential use, but
excluding public and private streets, public and private easements for ingress and egress, and
any area used for non-residential purposes.
“Distilled spirits” means an alcoholic beverage obtained by the distillation of
fermented agricultural products, and includes alcoho l for beverage use, spirits of wine,
whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.
“Distilled spirits manufacturer” means any person licensed by the Department of
Alcoholic Beverage Control of the State of California who produces distilled spirits from
naturally fermented materials or in any other manner.
“Dormitory.” A facility used principally for sleeping accommodations where
such facility is related to an educational or public institution, including religious institutions.
58
"Driveway.” A private roadway used exclusively for providing ingress and egress
to a parking space, garage, dwelling or other structure; a “Driveway” does not include space
for the parking of vehicles or the storage of materials.
"Dwelling.” A building, or portion thereof, designed exclusively for residential
purposes, including single-family and multiple-family dwellings, but not including hotels,
motels, boarding houses and lodging houses.
"Dwelling Unit.” One (1) or more rooms in a dwelling, designed for occupancy
by one family for living and sleeping purposes, and having only one (1) kitchen.
"Dwelling, Multiple-Family.” See Chapter 18.36 (Types of Uses).
"Dwelling, Single-Family Attached.” See Chapter 18.36 (Types of Uses).
“Dwelling, Single-Family Detached.” See Chapter 18.36 (Types of Uses).
SECTION 25. That Section 18.92.090 (“F” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.090 "F" WORDS, TERMS AND PHRASES.
“Family.” An individual or a collective body of persons, living together as a single
housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic
bond of social, economic and psychological commitments to each other, as distinguished from
a group occupying a boarding house Boarding House, lodging house, club, fraternity, sorority,
hotel, motel Hotel, Motel, or any residential or group care facility requiring a conditional use
permit. Community Care Facilities – Licensed, Community Care Facilities – Unlicensed,
Sober Living Ho mes, Alcoholism or Drug Recovery or Treatment Facilities or Senior Living
Homes that require a regulatory permit or a conditional use permit .
“Family Day Care.” Regularly provided care, protection and supervision of
fourteen (14) or fewer children, in the provider’s own home, for periods of less than 24 hours
per day, while the parents or guardians of such children are away. The term “Provider,” as used
herein, means a person who operates a “Family Day Care” home and is licensed or registered
pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of
the California Health and Safety Code.
“Family Day Care Home, Large.” A home, located in a single-family dwelling in a
residential zone, which provides family day care to nine (9) to fourteen (14) children, including
children who reside at the home, as defined in regulations of the California Department of
Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large
Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations).
“Family Day Care Home, Small.” A home, located in a single-family dwelling in a
residential zone, which provides family day care to eight (8) or fewer children, including
children who reside at the home, as defined in regulations of the California Department of
Social Services.
“Fences, Walls, Hedges and Berms.” A continuous barrier (including gates) which
separates, screens, encloses or marks a boundary of a property or development. The term
“Continuous Barrier,” as used herein, includes: any masonry or rock wall; any wood, iron,
steel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any
shrubbery, landscaping and/or trees that have grown together such that they completely
separate, screen or enclose a property or development; any landscaped earthen berm; and any
natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to
mark a boundary within or around a property.
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“Figure Model.” Any person, male or female, either nude or semi-nude, who is to
be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to
lawful tactile conduct.
“Figure Model Studio.” Any premises where there is conducted the business of
furnishing, providing, or procuring male or female persons in the nude or semi-nude to be
either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful
tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for
any of those services.
“Fireworks”. Those fireworks that are defined and classified as Safe and Sane
Fireworks (also known as “state-approved fireworks”") in Sections 12529 and 12562 of the
Health and Safety Code of the State of California and the relevant sections of Chapter 6, Title
19, California Code of Regulations), or any successor provision thereto, subject to regulation
by the City Council.
“Floodplain.” Area susceptible to flooding, defined as the “regulatory floodway”
and designated as a “special flood hazard area” (subject to a one percent (1%) or greater chance
of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated
by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area.
“Floor Area, Gross.” The sum of the horizontal areas of each floor of a building,
measured from the interior faces o f the exterior walls or from the centerline of walls separating
two (2) buildings, but not including underground parking, uncovered steps or exterior
balconies.
“Floor Area, Livable.” The sum of the horizontal areas of each floor of an
individual residential dwelling unit, measured from the exterior faces of the exterior walls or
from the centerline of walls separating two (2) dwelling units, but not including floors that are
not capable of containing a habitable room or areas used, or designed to be used for, enclosed
parking.
“Floor Area Ratio.” The gross floor area of all buildings and structures on the lot,
excluding parking structures, but including covered storage areas, divided by the total lot area.
“Fortunetelling.” A business involving fortunetelling. The term “fortunetelling”
shall mean the telling of fortunes, forecasting of futures, or furnishing any information not
otherwise obtainable by the ordinary processes of knowledge, by means of any occult or
psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits,
mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading,
telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion,
magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or
engaging in, practicing or carrying on any art, profession or business, the advertisement and
practice of which is regulated by this chapter.
SECTION 26. That Section 18.92.150 (“L” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.150 "L" WORDS, TERMS AND PHRASES.
“Landing.” A platform without a roof, situated between flights of stairs, or at the
head or foot of a flight of stairs.
“License Collector.” The License Collector of the City of Anaheim, or his/her
designated representative.
60
“Liquor Store.” A retail establishment in which the primary use is the sale of
alcoholic beverages for off-premises consumption.
“Living Area.” The area within a single-family house, excluding the attic,
basement and garage.
“Loading Space.” An off-street space on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials.
“Lodging House.” A building, or portion thereof, where lodging is provided for six
(6) or fewer persons who are not living together as a single housekeeping unit, where rent is
paid in money, goods, labor or otherwise, excluding rest homes and residential or group care
facilities.
“Lot.” (1) A parcel of real property shown as a delineated parcel of land, with a
number or other designat ion, on a plat recorded in the Office of the County Recorder of Orange
County, on or before November 25, 1975; or (2) a parcel of real property, lawfully created, not
delineated as in (1) above, and except as provided for in Section 18.10.120 (Street
Front age/Land Subdivision) abutting at least one public street, private street with direct legal
vehicular access to a public right-of-way, or alley, and held under separate ownership from
adjacent property prior to November 25, 1975; or (3) a parcel of real property, lawfully created,
not delineated as in (1) above, and containing an area not less than the prescribed minimum
square footage and lot width required for the zone in which it is located, and abutting at least
one public street, private street with direct legal vehicular access to a public right-of-way, or
alley, if the same was a portion of a larger piece of unsubdivided real property held under
single ownership prior to November 25, 1975.
“Lot Area.” The total horizontal area within the boundary lines of a lot.
“Lot, Corner.” A lot situated at the intersection of two (2) or more streets, having
an angle of intersection of not more than one hundred thirty-five (135) degrees.
“Lot Coverage.” The percentage of the lot covered by buildings or structures,
including all covered parking spaces, but not including walkways and driveways; swimming
pools and semi-enclosed patio structures are not included in single-family residential zones;
and recreational-leisure buildings and facilities are not included in multiple-family residential
zones.
“Lot, Depth.” The depth of a lot shall be the horizontal length of a straight line,
connecting the bisecting points of the front and the rear lot lines.
“Lot, Flag.” A lot with vehicular access provided from the street to the bulk of the
lot by means of a narrow corridor.
“Lot Frontage.” The property line or lines of a lot that abut a public or private street
or other recorded vehicular accessway.
“Lot, Interior.” A lot other than a corner lot.
“Lot, Key.” The first lot to the rear of a reversed corner lot, whether or not
separated by an alley.
“Lot Line, Front.” In the case of an interior lot, a line separating the lot from the
public right -of-way (excluding alley); in the case of a corner lot, the line separating the
narrowest street frontage from a public right -of-way.
“Lot Line, Rear.” A lot line that is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line in the case of an irregular, triangular or gore-
shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot
line, and at right angles to the line comprising the depth of such lot, shall be used as the “Rear
Lot Line.”
“Lot Line, Side.” Any lot boundary line not a front lot line or a rear lot line.
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“Lot, Reversed Building Frontage.” A corner lot in a single-family residential zone,
on which the dwelling is constructed so as to front onto the street lot line with the longest street
frontage.
“Lot, Reversed Corner."” A corner lot, the side street line of which is substantially
a continuation of the front lot line of the corner upon which it rears.
“Lot, Through.” A lot having frontage on two (2) parallel or approximately parallel
streets.
“Lot Width.” The horizontal distance between the side lot lines, measured at the
front setback line.
SECTION 27. That Section 18.92.210 (“R” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.210 "R" WORDS, TERMS AND PHRASES.
"Recreational Facilities." A facility used for the refreshment of body and mind
through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf
driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools,
saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a
computer rental/Internet amusement business as defined in this chapter.
"Recreational Vehicle." Any vehicle defined by the California Health and Safety
Code Section 18010. Recreational Vehicles include boats, personal water craft, off-road
vehicles, and trailers.
"Recreational Vehicle Park." Any area or tract of land where space is rented to
accommodate one or more automobile trailers, including any van, camper, recreational vehicle
or other vehicle used or designed for use as lodging or sleeping accommodations.
"Regional Shopping Center." A retail shopping area consisting of a group of retail
and other commercial businesses designed, developed and managed as an integrated entity,
that provides a wide range and variety of general merchandise and services, and is intended to
attract shoppers from more than one city.
"Residential or Group Care Facility." A building or portion thereof, designed or
used for the purpose of providing twenty-four (24)-hour per day residential living
accommodations in exchange for the payment of money or other consideration, where the
duration of tenancy is determined, in whole or in part, by the individual resident's participation
in group or individual activities, such as counseling, recovery planning, or medical or
therapeutic assistance. "Residential or Group Care Facility" includes, but is not limited to,
community care facilities (California Health and Safety Code Sections 1500 et seq.),
residential care facilities for persons with chronic, life-threatening illnesses (Health and Safety
Code Sections 1568.01 et seq.), residential care facilities (Health and Safety Code Sections
1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (Health and Safety
Code Section 11834.02), and other similar care facilities.
"Residential Zone." Any Zone, Overlay Zone or Specific Plan Development Area
that permits Dwellings, Multiple-Family; Dwellings, Single-Family Attached; and/or,
Dwellings Single-Family Detached by right or by conditional use permit; and, the Mobile
Home Park Overlay (MHP) Zone.
"Resolution of Intent." A resolut ion to reclassify property from one zone to another
that has been approved by the Planning Commission or City Council, but in connection with
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which an ordinance has not been adopted on by the City Council; a "Resolution of Intent" does
not establish any vested rights in the reclassification.
"Responsible Employee." The person(s) designated by the Operator of the Massage
Establishment to act as the representative or agent of the Operator in conducting day-to-day
operations. A Responsible Employee may also be an owner.
"Rest Home." Facility that provides nursing, dietary and other personal services to
convalescents, invalids and aged persons, excluding cases of contagious or communicable
diseases, and excluding surgery or primary treatments such as are customarily provided in
hospitals.
"Restaurant." An establishment that is engaged primarily in the business of
preparing and serving meals for immediate consumption, either on or off the premises. The
term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum
of sixty percent (60%) of the gross income from the establishment's business operations. The
food preparation or kitchen area for a restaurant shall be permanently designed for food
preparation and food storage purposes, and shall constitute not less than twenty percent (20%)
of the gross floor area of the restaurant, including outdoor dining areas. No admission fee,
cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons
as a condition of entry to the premises.
"Restaurant, Drive-In." A restaurant where provision is made for vehicles to park
on the premises, and food is ordered from and served directly to patrons in the vehicle for
consumption by patrons in vehicles while they are parked on the premises.
"Restaurant, Drive-Through." A restaurant where provision is made for one (1) or
more drive -through lanes for the ordering and serving of food to patrons in vehicles for
consumption at a separate location, either on or off the premises.
"Restaurant, Enclosed." A restaurant in which the preparation, service and
consumption of meals is conducted entirely within a building.
"Restaurant, Fast Food." A restaurant where food is customarily ordered by patrons
at a counter located inside the building with tables and seating for more than twenty (20)
patrons.
"Restaurant, Full Service." A restaurant 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 this chapter.
"Restaurant, Outdoor Dining." A restaurant in which the activity of preparing and
serving meals is conducted mainly within an enclosed building, and which provides an outdoor
dining area as defined in this chapter.
"Restaurant, Take-Out." A restaurant where food is prepared on the premises and
customarily ordered by patrons, while standing at a window or counter located inside the
building, regardless of the manner in which said food is thereafter served or whether said food
is consumed on or off the premises, and which may provide an indoor and/or outdoor seating
area having a cumulative maximum total of not more than twenty (20) seats in an area
proportional to the number of tables and seats.
"Restaurant, Walk-Up." A restaurant where food is prepared on the premises, and
service to the customer is by means of a window or opening to the outside of the building, at
which the customer places and receives an order, which may be consumed on the premises.
"Restaurant, With Accessory Entertainment." A restaurant, with or without on-
premises sale and consumption of alcoholic beverages, wherein music and/or live
entertainment is provided for patrons to dance or otherwise be entertained, which is regularly
open to the public without the payment of a cover charge or admittance fee, and is not a sex-
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oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses). Entertainment is,
and shall at all times be, accessory to the primary restaurant use. No admission fee, cover
charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a
condition of entry to the premises.
"Restaurant, With On-Premises Sale and Consumption of Alcoholic Beverages." A
restaurant, either enclosed or with outdoor dining, where alcoholic beverages are sold to and
consumed by patrons upon the premises, either within an accessory cocktail lounge or in a
designated dining area, in conjunction with the serving and consumption of a meal. Said
establishment shall have, and maintain all requisite permits and approvals from and as required
by the California Department of Alcoholic Beverage Control, and shall meet the requirements
of a bona fide eating place as defined by Section 23038 of the California Business and
Professions Code, and any successor provision thereto, and the definition of a restaurant as set
forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to
the primary restaurant use.
"Right -of-Way." A strip of land used or intended to be used for transportation
purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for
water, wastewater, telecommunications, electricity or natural gas.
"Room, Habitable." A space in a structure and designed or used for living, sleeping,
eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and
similar areas are not considered habitable rooms.
SECTION 28. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.92.220 "S" WORDS, TERMS AND PHRASES.
"Schools, Elementary, Junior High and High." An institution of learning which offers
instruction in the several branches of learning and study required to be taught in public schools by
the California Education Code.
"Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of
age or older in a senior citizen housing development.
"Senior Citizens' Apartment Project." An apartment project approved pursuant to the
provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each
dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with
the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's
dwelling unit" in covenants recorded against the property, which unit may be occupied by a
resident manager and his or her family, regardless of their ages.
"Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment
project, as the term is defined in this section, which also provides nursing, dietary and other
personal services to residents.
"Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment
project, with the exception of the resident manager's dwelling unit, if any.
"Senior Citizen Housing Development." A residential development developed,
substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five
(35) dwelling units, as defined in California Civil Code Section 51.3.
"Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit that does not meet
the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling
64
Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom
are sixty-two (62) years of age or over.
"Service Station." A retail place of business engaged primarily in the sale of motor fuels,
and incidentally supplying goods and services required for the operation and maintenance of
automotive vehicles.
"Setback, Required." The minimum dimension between a structure and the adjacent public
right -of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle
accessway easement, excluding private driveways; or any railroad or any riding and hiking trail
easement; or any interior property line.
"Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse
building frontage of a normal corner lot, which extends from the rear property line to the front
setback line.
"Single Housekeeping Unit." A non-transient group of persons jointly occupying a single
dwelling unit, including the use of common areas, for the purpose of sharing household activities
and responsibilities such as meals, chores and expenses. If the dwelling is rented, each adult
resident is named on and is a party to a single written lease that gives each resident joint use and
responsibility for the premises. The membership of the household is determined by the residents,
not by a landlord, property manager or other third party. Other typical factors that indicate a
household operating as a Single Housekeeping Unit may include, but not limited to, the following:
the residents do not have separate and private entrances from other residents; the residents do not
have a separate secured food facilities such as separate refrigerators or food-prep areas; the
household is strictly resident -run; there is no care or supervision provided by a third-party or a
paid resident/house manager at the dwelling unit or on the property.
"Smoking Lounges." A business establishment that is dedicated, in whole or part, to the
smoking of tobacco or other substances, including but not limited to establishments known
variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars.
"Special Event." A special event is any event, promotion or sale sponsored by a business,
shopping center or organization which is held outside the confines of a building, whether or not a
business license is required, and which may include (or be limited to) the outdoor display of
merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games,
booths or similar amusement devices, whether or not a fee or admission is charged for such event.
"Stable, Private." A structure or accessory building for the keeping of animals owned by
the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A
stable may or may not include a corral.
"Stable, Public." A stable other than a private stable.
"Story." That portion of a building included between the surface of any floor and the
surface of the floor next above it or, if there is no floor above it, then the space between the floor
and the ceiling above it; provided that, where maximum building height is specified in this title in
terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet
for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet
for any two and one-half (2 -1/2)-story building, and seventy-five (75) feet for any six (6)-story
building.
"Street." A public or recorded private thoroughfare that affords primary means of access
to abutting property.
"Street Line." The boundary line between a street and abutting property.
"Street Side." That street bounding a corner lot, and which extends in the general direction
as the line determining the depth of the lot.
"Structure." Anything constructed or erected, which requires location on the ground, or
attachment to something having a location on the ground.
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"Structural Alterations." Any change in the supporting members of a building, such as
foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in
roof or exterior lines.
"Studio Unit." A dwelling unit without a bedroom.
SECTION 29. That Table 116-C (Primary Uses and Structures: C-R District (Development
Area 1)) of Chapter 18.112 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Agricultural crops P
Alcoholic Beverage
Manufacturing
P/C Subject to Section 18.38.025
Alcoholic Beverages –
Off-Sale
N Except as permitted subject to Section 18.116.070.090 or as an
accessory use incidental to and integrated within a hotel or motel.
Alcoholic Beverages –
On-Sale
P
Alcoholism or Drug Abuse
Recovery or Treatment
Facilities (Large)
N
Ambulance Services N
Amusement parks, theme-type
complexes, aviaries, zoos
C Such uses may include the keeping of animals or birds used in the
operation of the facility, provided that such animals or birds shall
be maintained in physical confinement sufficient to prohibit the
movement of said animals or birds upon any real property not
owned or under the lawful possession or control of the person or
entity owning or controlling said animals or birds. Further, no
animals or birds shall be confined closer than forty (40) feet from
any building used for human habitation, including hotel or motel
rooms, and no closer than forty (40) feet from any property line.
Conditional use permits for the keeping of animals and birds shall
specify the maximum number and type of animals and birds
permitted. Any increase in the number and/or variations in the type
of animals and birds kept shall require either an amendment to said
conditional use permit or a new conditional use permit.
Animal Boarding C No animals or birds shall be confined closer than forty (40) feet
from any building used for human habitation, including hotel or
motel rooms, and no closer than forty (40) feet from any property
line. Conditional use permits for the keeping of animals and birds
shall specify the maximum number and type of animals and birds
permitted. Any increase in the number and/or variations in the type
of animals and birds shall require either an amendment to said
conditional use permit or a new conditional use permit.
Animal Grooming N
Antennas – Broadcasting C
Antennas –
Telecommunications
T Stealth facilities integrated within a building are permitted subject
to Section 18.38.060 and Section 18.62.020.
Freestanding ground-mounted facilities including stealth facilities
are not permitted.
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Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Automated Teller Machines
(ATM’s)
P Shall be located wholly within a building or within a hotel complex
in a location not visible from the public right-of-way. Subject to
Section 18.36.040.
Automotive – Vehicle Sales,
Lease & Rental
N/C Car sales are prohibited. Automotive – Rental not otherwise
permitted by Table 116-D requires a conditional use permit.
Automotive –Parts Sales N
Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted
by Table 116-D.
Automotive – Repair and
Modification
N
Automotive – Service Station C Subject to requirements of Section 18.38.070 (Automotive Service
Stations) and subsection 18.116.070.090.
Automotive – Washing C In conjunction with an Automotive – Service Station only.
Bars & Nightclubs C
Bed and Breakfast Inns N
Beekeeping N
Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to
Signs).
Boat and RV Sales N
Boarding House N
Building and Material Sales N
Cemeteries N
Commercial retail centers N Including commercial retail centers, strip shopping centers, mini-
malls and other shopping centers not in conformance with the
requirements of a Specialty Center, as defined in Section
18.116.030 (Definitions) and detailed within this table (Table 116-
C).
Community Care Facilities –
Licensed (Large)
N
Community Care Facilities –
Unlicensed (Large)
N
Community and Religious
Assembly
C
Computer Internet &
Amusement Facilities
N
Convalescent & Rest Homes N
Convenience Stores N Except as allowed by Section 18.116.070.090.
Conversion of hotels or motels
to semi-permanent or
permanent living quarters
N Except a caretaker/manager unit may be provided as specified in
Table 116-D, or vacation ownership resorts as detailed within this
table (Table 116-C) “Vacation Ownership”.
Dance & Fitness Studios –
Large
N
Dance & Fitness Studios –
Small
N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel
Day Care Centers P/C Permitted by right as an accessory use incidental to and integrated
within a hotel or motel; permitted by CUP as a primary use
Drive-Through Facilities N
Dwelling units N Single-family or multiple-family, except caretaker/manager units
allowed as an accessory use integrated within a hotel, motel or
vacation ownership resort.
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Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Educational Institutions –
Business
C
Educational Institutions –
General
C
Emergency Medical Facilities C
Entertainment Venue C
Equipment Rental –
Large
N
Equipment Rental -
Small
N
Golf Courses & Country
Clubs
C
Group Care Facilities N
Headshop N
Heliport N As defined in Chapter 18.92 (Definitions).
Helistop C As defined in Chapter 18.92 (Definitions) shall be located a
minimum of one thousand (1,000) feet from any residentially zoned
property.
Hotels and motels located
north of Orangewood Avenue
P Including suite type hotels
Hotels and motels located
south of Orangewood
C Including suite type hotels
Hospitals N As defined in Chapter 18.92 (Definitions).
Markets – Large N
Markets – Small N
Medical & Dental Offices N
Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile
Home Park (MHP) Overlay) for parcels encompassed by the MHP
Overlay as identified on Exhibit 3.3.2a of the Specific Plan
document (Mobile Home Park (MHP) Overlay Zone). Expansion
of existing facilities to increase the number of mobile homes or
mobile home spaces is prohibited.
Mortuaries N
Nonconforming Structures
and Uses – Expansion of
nonconforming uses and
structures
C Provided that the expansion brings the use and/or structure into
greater conformity with the intent of the Specific Plan.
Nonconforming Structure –
Facade improvements not
exceeding 5% of the building
floor area
P Provided that the improvements are in substantial conformance
with the building envelope, do not adversely impact any adjacent
parcels and are in conformance with the Design Plan.
If the Planning Director determines that adverse impacts would
occur from the improvements or if the improvements are not in
substantial conformance with the building envelope, the plans shall
be referred to the Planning Commission as a conditional use permit.
Nonconforming Structure –
Facade improvements
exceeding 5% of the building
floor area
C
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Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Nonconforming Structure –
Office uses in a legal
nonconforming building
C
Non -publicly operated
convention centers
C Including exhibition halls and auditoriums
Offices – Development C Office buildings when accessory to, and integrated as part of, an on-
site permitted primary or when located in a legal nonconforming
building.
Offices – General C Office buildings when accessory to, and integrated as part of, an on-
site permitted primary or when located in a legal nonconforming
building
Oil Production N
Outdoor storage yards N Except as otherwise permitted in this Zone
Personal Services – General N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel
Personal Services – Restricted N
Plant Nurseries N
Public Services C
Recreation – Billiards C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Commercial
Indoor
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Commercial
Outdoor
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Low Impact C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreation – Swimming &
Tennis
C Recreation Buildings and Structures, as defined by Section
18.116.030, are permitted by right as an accessory use incidental to
and integrated within a hotel or motel
Recreational vehicle and
campsite parks
C Limited to use for short-term visits, not to exceed 30 days in any
calendar year, by tourists and visitors.
Recycling Services – General N
Recycling Services –
Processing
N
Repair Services – General N
Repair Services – Limited N
Research & Development N
Restaurants – General P Enclosed and with outdoor dining
Restaurants – Drive-through N
Restaurants with accessory
entertainment with cover
charge
C Pursuant to and as defined in Chapter 18.92 (Definitions)
Retail Sales – General N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel or subject to the requirements for a specialty
retail center
69
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Retail Sales – Kiosk N Permitted by right as an accessory use incidental to and integrated
within a hotel or motel or as part of a conditional use permit for a
specialty retail center
Retail Sales – Outdoor N
Retail Sales – Used
Merchandise
N
Room & Board N
Senior Living Facilities
(Large)
N
Sober Living Homes (Large) N
Self Storage N
Sex-oriented businesses N As defined in Chapter 18.92 (Definitions)
Specialty retail centers C Where all good and services are oriented, marketed and intended
for tourist, visitor and/or recreational consumers and not oriented to
the general public. Such centers shall
(a) Consist of a minimum of five (5) acres;
(b) Have integrated management;
(c) Have a “festive theme” orientation;
(d) Plazas and/or other pedestrian-oriented amenities shall be
part of the center’s design as set forth in the Design Plan; and,
(e) Land uses may include, but need not be limited to: custom
print and art shops; souvenir, gift, and/or novelty shops; toy shops;
hobby shops; photo supply shops; clothing stores; confectionery
shops, including candy stores, ice cream parlors, baked goods (e.g.,
cookies, muffins, etc.) for on-premises sale or consumption; floral
shops; luggage and accessory shops; jewelry stores; sale of beer and
wine for off-premises consumption; sale of alcoholic beverages for
on -premises consumption; entertainment facilities; and amusement
arcades, subject to the provisions of Section 18.16.050 (Amusement
Devices). A complete listing of proposed uses shall be submitted
with every conditional use permit application.
Structures – Height exceeding
1/2 the distance from the
building or structure to a
single- family, multi-family
and/or MHP Overlay zone
boundary.
C Structures within one hundred and fifty (150) feet of any single-
family residential zone boundary (other than property under a
resolution of intent to any commercial zone), or, for property
located south of Orangewood Avenue, within one hundred and fifty
(150) feet of any multi-family residential zone boundary (other than
property under a resolution of intent to any commercial zone), or
property within the Specific Plan area encompassed by the MHP
Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP)
Overlay) exceeding a height equal to one-half (1/2) the distance
from said building or structure to said zone or overlay boundary.
Dedicated streets shall be included in calculating distance. Heights
shall not exceed the maximum heights defined in Section 18.40.080
(Structural Height limitation - Anaheim Commercial Recreation
Area).
Structures – Height Limits
exceeding the maximum
heights defined in Section
18.40.080 (Structure Height
Limitation – Anaheim
Commercial Recreation Area).
N
70
Table 116-C
PRIMARY USES AND STRUCTURES:
C-R DISTRICT (DEVELOPMENT
AREA 1)
P Permitted by Right
C Conditional Use Permit
N Prohibited
T Telecommunications Antenna Review Permit Required
Classes of Uses C-R
District
Special Provisions
Structures – Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed
building or structure when such building or structure is within one
hundred and fifty (150) feet of any single-family residential zone
boundary (other than property under a resolution of intent to any
commercial zone), or, for property located south of Orangewood
Avenue, within one hundred and fifty (150) feet of any multi-family
residential zone boundary (other than property under a resolution of
intent to any commercial zone), or property within the Specific Plan
area encompassed by the MHP Overlay as shown on Exhibit 3.3.3
(Mobile Home Park (MHP) Overlay).
Studios – Broadcasting C Including accommodations for filming/taping in front of live
audiences.
Studios – Recording C Including accommodations for filming/taping in front of live
audiences.
Towing Services C Permitted only in conjunction with Automotive – Service Station.
Transitional and Supportive
Housing
N
Transportation facility C As defined in subsection 18.116.030.080 (‘T’ Words, Terms and
Phrases) of this chapter.
Truck Repair & Sales N
Uses or activities not listed N Uses or activities not specifically listed in this chapter which are
inconsistent or incompatible with the intended purpose of the
Specific Plan are prohibited.
C Uses or activities not specifically listed or prohibited in this chapter
may be established by conditional use permit when determined by
the Planning Commission to be consistent and compatible with the
intended purpose of the Specific Plan.
Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150
(Requirements for Vacation Ownership Resorts)
Veterinary Services N
Warehousing & Storage –
Enclosed
N
Wholesaling N
SECTION 30. That Table 120-A (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 120-A
PRIMARY USES BY DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
DA-
1
DA-
2
DA-
3
DA-
4
DA-5 DA-
6
Special Provisions
Alcoholism or Drug Abuse
Recovery or Treatment Facilities
(Small)
N N C N N N
71
Table 120-A
PRIMARY USES BY DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
DA-
1
DA-
2
DA-
3
DA-
4
DA-5 DA-
6
Special Provisions
Community Care Facilities –
Licensed (Small)
N N C N N N
Community Care Facilities –
Unlicensed (Small)
N N C N N N Subject to §18.38.123
Dwellings–Multiple Family N N C N N N
Dwellings–Single-Family Attached N N C N N N
Dwellings–Single-Family Detached N N N N N N
Mobile Home Parks N N N N N N
Residential Care Facilities N N C N N N May be permitted in
compliance with State
law
Senior Citizen Housing N N C N N N Senior Citizens’
Apartment projects
subject to Chapter 18.50
Senior Living Facilities (Small) N N C N N N
Sober Living Homes (Small) N N C N N N Subject to §18.38.123
Supportive Housing N N C N N N
Transitional Housing N N C N N N
SECTION 31. That Table 120-B (Primary Uses by Development Area: Non-Residential
Use Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning
and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Agricultural Crops P P N P P P
Alcoholic Beverage
Manufacturing
P/C P/C P/C P/C P/C C Subject to Section 18.38.025
Alcoholic Beverage
Sales–Off-Sale
N N P/C P/C P/C N Permitted without a
conditional use permit in DA
3, DA 4 and DA 5 if use is in
conjunction with Markets–
Large
Alcoholic Beverage
Sales–On-Sale
P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
in conjunction with
Restaurants–Full-Service,
72
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Restaurants–General and
Restaurants–Outdoor Dining
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
N N C C C N
Ambulance Services P P N N C C
Animal Boarding P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
conducted entirely indoors
subject to Section 18.38.270
Animal Grooming P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit when
conducted entirely indoors
subject to Section 18.38.270
Antennas–Broadcasting P/C P/C P/C P/C P/C P/C Permitted without a
conditional use permit if
designed similar to stealth
telecommunications facility,
as defined in Section
18.38.060.030.0312
Antennas–Private
Transmitting
T T T T T T
Antennas–
Telecommunications–
Stealth Building-Mounted
T T T T T T Subject to Sections
18.38.060 & 18.62.020
Antennas–
Telecommunications–
Stealth Ground-Mounted
T T T T T T Subject to Section 18.36.060
Antennas–
Telecommunications–
Ground -Mounted (Non-
Stealth)
N N N N N N
Automated Teller
Machines (ATM’s)
P P P P P P Subject to Section 18.36.040
Automotive–Vehicle
Sales, Lease & Rental
C C C N C N
Automotive–Sales
Agency Office (Retail)
C C C C C N Subject to Section 18.38.065
Automotive–Sales
Agency Office
(Wholesale)
P/M/
C
P/M/
C
P/M/
C
P/M/
C
P/M/
C
P/M/
C
Subject to Section 18.16.055
and Section 18.38.065.
Minor conditional use permit
required for on -site storage,
display or parking of one or
73
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
two vehicles being held as
inventory. Conditional use
permit required for on-site
storage, display or parking of
three or more vehicles being
held as inventory
Automotive–Impound
Yards
C C N N N N Subject to Section 18.38.200
Automotive–Public
Parking
P P P P P P
Automotive–Parts Sales P/C P/C N P/C P/C N Permitted without a
conditional use permit when
conducted entirely indoors
Automotive–Repair and
Modification: Major
C C N C C N
Automotive–Repair and
Modification: Minor
M M N M M N
Automotive–Service
Stations
P P C P P N Subject to Section 18.38.070;
In DA-3, must be adjacent on
to both La Palma and Tustin
Avenues
Automotive–Washing C C C C C C
Banquet Halls C C C C C C
Bars & Nightclubs N N C C C N
Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080
Beekeeping C C N N N C
Billboards N N N N N N
Building Material Sales C C N N C N No more than 30% of the
outdoor area, excluding
parking, shall be devoted to
outdoor displays; subject to
Sections 18.38.190 and
18.38.200
Business & Financial
Services
P P P P P N
Boarding House N N C N N N
Cemeteries N N N N N N
Commercial Retail
Centers
N N P/C P/C P/C N Subject to Section 18.38.115;
otherwise, a conditional use
permit is required.
Community Care
Facilities – Licensed
(Large)
N N C C C N
74
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Community Care
Facilities – Unlicensed
(Large)
N N C C C N Subject to §18.38.123
Community & Religious
Assembly
N N C C C N Permitted in DA-1 pursuant
to Conditional Use Permit
No. 2016-05874.
Computer Internet &
Amusement Facilities
N N N N N N
Convalescent & Rest
Homes
N N C C C N
Convenience Stores N N P P P N Subject to Section 18.38.110;
otherwise, a conditional use
permit is required.
Dance & Fitness Studios–
Large
N N P P P N
Dance & Fitness Studios–
Small
N N P P P N
Day Care Centers P/C P/C P/C P P N Permitted without a
conditional use permit in
DA-1, DA-2 and DA-3 if
integrated within a multi-
tenant office building as an
accessory use to serve office
tenants.
Drive-Through Facilities N N P/C P/C P/C N Permitted without a
conditional use permit as an
accessory use if in
conjunction with Business
and Financial Services as the
primary use
Educational Institutions–
Business
P P P P P N
Educational Institutions–
General
N N C C C N
Educational Institutions–
Tutoring
N N P P P N Subject to Section
18.36.040.050
Emergency Shelters (50
of fewer occupants)
P P N N N N Subject to Section 18.38.125
Emergency Shelters
(more than 50 occupants)
C C N N N N Subject to Section 18.38.125
Entertainment Venue N N C C C N
Equipment Rental–Large P/C P/C N P/C P/C N Permitted without a
conditional use permit if use
75
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
is conducted wholly indoors
including storage and display
of equipment
Equipment Rental–Small P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if use
is conducted wholly indoors
including storage and display
of equipment
Golf Courses & Country
Clubs
N N N N N C
Group Care Facilities N N C C C N Subject to Section
18.36.040.070
Helipads & Heliports P/C P N N C N Requires a conditional use
permit in DA-1 if the use is
located within 1,000 feet
from a residentially-zoned
parcel
Hospitals C C N N C N
Hotels N N C N C N
Industry P P N N M C
Industry–Heavy P P N N N C
Junkyards C C N N N N Subject to Section 18.38.200
Markets–Large N N P P P N
Markets–Small N N P/C P/C P/C N Subject to Section 18.38.155;
otherwise, a conditional use
permit is required
Medical & Dental Offices M M P P P N
Mortuaries C C N N N N
Motels N N C N C N
Offices–Development P P P P P N
Offices–General P P P P P N
Oil Production C C N N N N Subject to Section 18.38.180
Outdoor Storage Yards P/C P/C N N N N Permitted without a
conditional use permit if all
storage is screened from
view; subject to Section
18.38.200, otherwise a
Conditional Use Permit is
required.
Personal Services–
General
N N P/C P/C P/C N Laundromats are subject to
Section 18.38.150;
otherwise, a conditional use
76
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
permit is required. Massage
subject to Section 18.16.070
Personal Services–
Restricted
N N C C C N
Plant Nurseries P/C P/C N P/C P/C P/C Subject to Sections
18.38.190, 18.38.200 and
18.38.205; otherwise, a
conditional use permit is
required.
Public Services P P C C C N
Recreation–Billiards N N P/C P/C P/C N Subject to Section 18.38.085;
otherwise, a conditional use
permit is required.
Recreation–Commercial
Indoor
N N C P P N Amusement arcades are
allowed only in conjunction
with a hotel, motel, or a
bowling alley
Recreation–Commercial
Outdoor
N N C C C C
Recreation–Low-Impact P P P P P P
Recreation–Swimming &
Tennis
N N P/C P/C P/C P/C Permitted without a
conditional use permit if use
is conducted wholly indoors
Recuperative
Care/Medical Respite
P/C P/C N N N N Subject to Section 18.38.125
Recycling Services–
General
C P N N N C Subject to Chapter 18.48
Recycling Services–
Processing
P/C P N N N P/C Subject to Chapter 18.48.
Small processing facilities
under 4,000 s.f. that conduct
all work inside are allowed
in DA-1 and DA-6 without a
conditional use permit
Repair Services–General P P P P P N
Repair Services–Limited P P P P P N
Research & Development P P P P P P
Restaurants–Full Service N N P P P N
Restaurants–General C C P P P C Permitted without a
conditional use permit when
a part of an industrial or
office complex of 5 or more
units
77
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Restaurants–Outdoor
Dining
C C P P P C Subject to Section 18.38.220
Retail Sales–General C/N C/N P P P N Permitted by conditional use
permit in DA-1 & DA-2 only
if the retail is industrially-
related or household
furniture occupying a
minimum of 50,000 square
feet of building floor area.
Retail Sales–Kiosks N N M M M C
Retail Sales–Outdoor N N C C C C Subject to Sections
18.38.190 and 18.38.200
Retail Sales–Used
Merchandise
N N P P P N
Room & Board N N C N N N
Self-Storage C C N N N N Subject to Council Policy
No. 7.2
Senior Living Facilities
(Large)
N N C C C N
Sober Living Homes
(Large)
N N C C C N Subject to §18.38.123
Sex-Oriented Businesses P P N N N N Subject to Chapter 18.54
Smoking Lounge N N P/C P/C P/C N Subject to Section 18.16.080;
otherwise, conditional use
permit is required.
Studios–Broadcasting P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if
there is no live audience.
Studios–Recording P/C P/C P/C P/C P/C N Permitted without a
conditional use permit if
there is no live audience.
Towing Services P P N N N N
Transit Facilities C C P C C N
Truck Repair & Sales P P N N C N Subject to Section 18.38.200
Utilities–Major C C C C C C
Utilities–Minor P P P P P P Payphones must be located
on the interior of a building
or attached to the exterior
within 10 feet of the main
building's entrance
Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270;
otherwise, a conditional use
permit is required.
78
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Warehousing & Storage-
Enclosed
P P N N P C
Wholesaling P P N N P C
Wine Bars N N C C C N
SECTION 32. That Table 122-A (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 122-A
PRIMARY USES BY
DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-M MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Alcoholism or
Drug Abuse
Recovery or
Treatment
Facilities
(Small)
P P P P N N N N N
Community
Care Facilities –
Licensed
(Small)
P P P P N N N N N
Community
Care Facilities –
Unlicensed
(Small)
P P P P N N N N N Subject to
§§18.16.058 and
18.38.123
Dwellings–
Multiple Family
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
Dwellings–
Single-Family
Attached
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
79
Table 122-A
PRIMARY USES BY
DEVELOPMENT AREA:
RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-M MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Dwellings–
Single-Family
Detached
C N N N N N N N N
Mobile Home
Parks
C N N N N N N N N
Residential Care
Facilities
P P P P N N N N N
Senior Citizen
Housing
C C C C N N N N N Senior Citizens'
Apartment projects
subject to Chapter
18.50
Senior Living
Facilities
(Small)
P P P P N N N N N
Sober Living
Homes (Small)
P P P P N N N N N Subject to
§§18.16.058 and
18.38.123
Supportive
Housing
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
Transitional
Housing
P P P/C P/C N N N N N In the MU-M and
MU-H residential
uses that are not a
part of a mixed-use
project with non-
residential uses
require approval of a
CUP
SECTION 33. That Table 122-B (Primary Uses by Development Area: Residential Use
Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Agricultural Crops N N N N N N N N N
Alcoholic Beverage
Manufacturing
N N P/C P/C P/C P/C N N N Subject to 18.38.025;
Permitted without a
80
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
CUP if building is less
than 6,000 square feet
and in the MU-M,
MU-H, N-C or R-C
Alcoholic Beverage
Sales-Off-Sale
N N P/C P/C P/C P/C N N N Permitted without a
CUP if use is in
conjunction with
Markets–Large and in
the MU-M, MU-H, N -
C or R-C
Alcoholic Beverage
Sales-On-Sale
N N P/C P/C P/C P/C N N N Permitted without a
CUP when in
conjunction with
Restaurants-Full-
Service, Restaurants-
Gen eral and
Restaurants-Out door
Dining and in the MU-
M, MU-H, N-C or R-C
Alcoholism or Drug
Abuse Recovery or
Treatment Facilities
(Large)
C C C C C C N C N
Ambulance Services N N N N C C N C N
Animal- Boarding N N N N P/C P/C N N N Permitted without a
CUP when conducted
entirely indoors subject
to 18.38.270 and in the
N-C or R-C
Animal- Grooming N N P/C P/C P/C P/C N N N Permitted without a
CUP when conducted
entirely indoors,
subject to 18.38.270
and in the MU-M,
MU-H, N-C or R-C
Antennas–
Broadcasting
C C P/C P/C P/C P/C P/C C C Permitted without a
CUP if designed
similar to stealth
telecommunications
facility as defined in
18.38.060.030.0312
and in the MU-M,
MU-H, N-C, R-C or O
Antennas–Private
Transmitting
P C C C N N N N N Subject to 18.38.040
Antennas–
Telecommunications
Ground -Mounted
(Non -Stealth)
N N N N N N N N N
Antennas–
Telecommunications-
T T T T T T T T T Subject to 18.38.060
and 18.62.020
81
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Stealth Building-
Mounted
Antennas–
Telecommunications-
Stealth Ground-
Mounted
N C C C T T T T T Subject to 18.38.060
Automatic Teller
Machines (ATM's)
N N N N P P P P P Subject to 18.36.040
Automotive-Impound
Yards
N N N N N N N N N
Automotive-Parts
Sales
N N N N N N N N N
Automotive-Public
Parking
N N C C C C C C C
Automotive-Repair &
Modification: Major
N N N N C C N N N Allowed with a CUP
only if use is in
conjunction with
Markets-Large and in
the N-C or R-C
Automotive-Repair &
Modification: Minor
N N N N M M N N N Allowed with a MCUP
only if use is in
conjunction with
Markets-Large and in
the N-C or R-C
Automotive-Sales
Agency Office
(Retail)
N N N N N N N N N
Automotive-Sales
Agency Office
(Wholesale)
P P P P P P P N N Subject to 18.16.055
for office use only; no
on -site storage, display
or parking of any
vehicle being held as
inventory
Automotive-Service
Stations
N N N N N N N N N
Automotive-Vehicle
Sales, Lease & Rental
N N N N N N N N N
Automotive-Washing N N N N N N N N N
Bail Bonds N N N N N N N N N
Banquet Halls N N C C C C C C C
Bars and Night Clubs N N C C C C N N N
Bed & Breakfast Inns N N N N N N N N N
Beekeeping N N N N N N N N N
Billboards N N N N N N N N N
Boarding House
N N N N N N N N N
Building Material
Sales
N N N N N N N N N
82
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Business and
Financial Services
N N P P P P P N N Check cashing and bail
bond establishments
are prohibited
Cemeteries N N N N N N N N N
Commercial Retail
Centers
N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Community Care
Facilities – Licensed
(Large)
C C C C C C N C N
Community Care
Facilities –
Unlicensed (Large)
C C C C C C N C N Subject to §18.38.123
Community &
Religious Assembly
N N C C C C C C C
Computer Internet &
Amusement Facilities
N N N N N N N N N
Convalescent & Rest
Homes
N C C C C C C C C
Convenience Store N N C C C C N N N Subject to § 18.38.110;
Only allowed in
conjunction with
Automotive-Service
Stations or if
integrated with a
mixed-use
development; Hours of
operation are limited to
between the hours of
5:00 a.m. and 12:00
a.m.
Dance and Fitness
Studios- Large
N N P P P P P C C
Dance and Fitness
Studios- Small
N N P P P P P P P
Day Care Centers C C C C C C C C C
Drive-Through
Facilities
N N N N P/C P/C P/C N N Hours of operation are
limited to between the
hours of 5:00 a.m. and
12:00 a.m.; Hours of
operation may be
modified with approval
of a CUP in the MU-H
and R-C; Permitted
without a CUP as an
accessory use if in
conjunction with
83
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Business and Financial
Services as the primary
use and in the N-C, R-
C or O
Educational
Institutions-Business
N N P/M P/M P/M P/M P/M P/M P/M Permitted without a
MCUP if the
institution has ten
students or less and in
the MU-M, MU-H, N -
C, R-C, O, S-P, or P-R
Educational
Institutions-General
C C C C C C C C C
Educational
Institutions-Tutoring
N N P P P P P P P
Emergency Shelters N N N N N N N N N
Entertainment Venue N N C C C C N N C
Equipment Rental-
Large
N N N N N N N N N
Equipment Rental-
Small
N N N N N N N N N
Golf Courses &
Country Clubs
N N N N N N N N N
Group Care Facilities C C C C C C N C N
Helipads & Heliports N N N N N N N C N
Hospital N N N N N N N C N
Hotels N N N N/C N N/C N N N Hotels are permitted
by CUP in the MU-H
and R-C.
Industry N N N N N N N N N
Industry-Heavy N N N N N N N N N
Junkyards N N N N N N N N N
Markets-Large N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Markets-Small N N P/C P/C P/C P/C N N N Permitted without a
CUP if developed in
compliance with
18.38.115 and in the
MU-M, MU-H, N -C or
R-C
Medical & Dental
Offices
N N P P P P P P P
Medical Marijuana
Dispensaries
N N N N N N N N N
Mortuaries N N N N P P N N N
84
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Motels N N N N N N N N N Motels, including
adaptive reuse of
motels, are prohibited.
Office-Development N N P P P P P N N
Office-General N N P P P P P P P
Oil Production N N N N N N N N N
Outdoor Storage
Yards
N N N N N N N N N
Personal Services-
General
N N P/C P/C P/C P/C N P/C N In the MU-M, MU-H,
N-C, R-C and S-P the
following Personal
Services – General
uses have the
following additional
requirements:
• Laundromats
are subject to
18.38.150, otherwise a
CUP is required;
• Tattoo and
massage
establishments require
a CUP
Personal Services-
Restricted
N N N N C C N N N
Plant Nurseries N N N N N N N N N
Public Services N N P P P P P P P
Recreation–Billiards N N N N C C N N N
Recreation–
Commercial Indoor
N N C C C C N C P
Recreation–
Commercial Outdoor
N N C C C C N C P
Recreation–Low-
Impact
P P P P P P P P P
Recreation–
Swimming & Tennis
N N C C C C N C P
Recycling Services-
General
N N N N N N N N N
Recycling Services-
Processing
N N N N N N N N N
Repair Service-
General
N N N N P P N N N
Repair Service-
Limited
N N P P P P N N N
Research &
Development
N N C C C C P N N
Restaurants–Full
Service
N N P/C P/C P/C P/C C C C In the MU-M, MU-H,
N-C or R-C, hours of
operation are limited
between 5:00 a.m. and
85
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
12:00 a.m.; Hours of
operation may be
modified with approval
of a CUP in the MU-H
and R-C; In the O, S-P
and P-R hours may be
further limited by the
CUP
Restaurants–General N N P/C P/C P/C P/C C C C In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
a.m. and 12:00 a.m.;
Hours of operation
may be modified with
approval of a CUP in
the MU-H and R-C; In
the O, S-P and P-R
hours may be further
limited by the CUP
Restaurants–Outdoor
Dining
N N P/C P/C P/C P/C C C C Subject to 18.38.220;
In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
a.m. and 12:00 a.m.;
Hours of operation
may be modified with
approval of a CUP in
the MU-H and R-C; In
the O, S-P and P-R
hours may be further
limited by the CUP
Retail Sales–General N N P P P P N N N In the in the MU-M,
MU-H, N-C or R-C
hours of operation are
limited between 5:00
a.m. and 12:00 a.m.;
Pawn shops, tobacco
and vape sales are
prohibited
Retail Sales-Kiosks N N M M M M N N M
Retail Sales–Outdoor N N C C C C N N N Subject to 18.38.190
and 18.38.200
Retail Sales–Used
Merchandise
N N N N N N N N N
Room & Board N N N N N N N N N
Self Storage N N N N N C N N N Subject to City
Council Policy No.
7.2; Limited to areas
east of Beach
86
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP) Required
N=Prohibited
T=Telecommunications Antenna Review Permit Required
R-
LM
R-
M
MU-
M
MU-
H
N-C R-C O S-P P-R Special Provisions
Boulevard and North
of Lincoln Avenue
Senior Living
Facilities (Large)
C C C C C C N C N
Sober Living Homes
(Large)
C C C C C C N C N Subject to §18.38.123
Sex-Oriented
Businesses
N N N N N N N N N
Short-Term Rentals N N N N N N N N N
Smoking Lounge N N N N N N N N N
Studios-Broadcasting N N N N P/C P/C N N N Permitted without a
CUP if there is no live
audience and located
in the N-C or R-C.
Studios-Recording N N C C P P P N N
Swap Meets, Indoor
and Outdoor
N N N N N N N N N
Towing Services N N N N N N N N N
Transit Facilities N N N N C C C C C
Truck Repair & Sales N N N N N N N N N
Utilities- Major N N N N N N N N N
Utilities- Minor C C P P P P P P P
Veterinary Services N N P/C P/C P/C P/C P/C P/C N Permitted without a
CUP if use complies
with 18.38.270 and
located in the MU-M,
MU-H, N-C, R-C, O or
S-P.
Warehousing &
Storage-Enclosed
N N N N N N N N N
Wholesaling N N N N N N N N N
Wine Bars N N C C C C N N N
SECTION 34. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 35. CERTIFICATION
87
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 36. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
///
///
///
///
///
///
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and
adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020,
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
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STREETEUCLIDKATELLA EASTSTREETORANGETHORPEAVENUE
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Community Care Facilities andSober Living Homes
°0 2,000 4,000
Feet
City of AnaheimGIS CentralJune 30, 2020
Map Location
Key to Features
!(Orange County Sheriff Certified Sober Living Home
!(CA Health Care Services Department -- Licensed Residential Facilities and/or Certified Alcohol and Drug Programs
!(Unlicensed Community Care Facility with CUP
!(Possible Unlicensed Sober Living Home
!(Possible Unlicensed Community Care Facility
CA Social Services Department -- Licensed Adult Residential Facilities and Residential Facilities for Elderly!(
ATTACHMENT NO. 3
SUMMARY OF PROPOSED CHANGES TO TYPE OF USES AND DEFINITIONS
TYPE OF USES
DEFINITIONS
Type of Uses Existing New Summary of Proposed Changes Keep Delete
Alcoholism or Drug Abuse Recovery or
Treatment Facility (Small) √ New type of use for State licensed alcoholism or drug abuse recovery or treatment facility with 6 or fewer persons
Alcoholism or Drug Abuse Recovery or
Treatment Facility (Large) √ New type of use for State licensed alcoholism or drug abuse recovery or treatment facility with 7 or more persons
Boarding House √ New type of use to replace “Room & Board” use
Community Care Facility – Licensed (Small) √ New type of use for State licensed community care facilities with 6 or fewer persons
Community Care Facility – Licensed (Large) √ New type of use for State licensed community care facilities with 7 or more persons
Community Care Facility – Unlicensed (Small) √ New type of use for unlicensed community care facilities with 6 or fewer persons
Community Care Facility – Unlicensed (Large) √ New type of use for unlicensed community care facilities with 7 or more persons
Convalescent & Rest Homes √ The existing type of use is updated for additional clarity
Group Care Facilities √ The existing type of use is deleted and replaced by “Alcoholism or Drug Abuse Recovery or Treatment Facility (Large)”,
“Community Care Facility – Licensed and Unlicensed (Large)”, “Senior Living Facility (Large)”, “Sober Living Home (Large)”
Residential Care Facilities √ The existing type of use is deleted and replaced by “Alcoholism or Drug Abuse Recovery or Treatment Facility (Small)”,
“Community Care Facility – Licensed and Unlicensed (Small)”, “Senior Living Facility (Small)”, “Sober Living Home (Small)”
Room & Board √ Existing type of use is deleted and replaced by the new “Boarding House” use
Senior Living Facility (Small) √ New type of use for State licensed senior living facilities with 6 or fewer persons
Senior Living Facility (Large) √ New type of use for State licensed senior living facilities with 7 or more persons
Sober Living Home (Small) √ New type of use for unlicensed alcohol/drug recovery facility with 6 or fewer persons
Sober Living Home (Large) √ New type of use for unlicensed alcohol/drug recovery facility with 7 or more persons
Type of Uses Existing New Summary of Proposed Changes Keep Delete
Boardinghouse √ Existing definition is deleted and replaced by “Boarding House” (Type of Use)
Convalescent Homes √ Existing definition is deleted and replaced by “Convalescent & Rest Homes” (Type of Use)
Dwelling √ Existing definition is updated to reflect changes in the referenced types of uses
Family √ Existing definition is updated to reflect changes in the referenced types of uses
Lodging House √ Existing definition is deleted and replaced by “Boarding House” (Type of Use)
Residential or Group Care Facilities √ Existing definition is deleted and replaced by “Alcoholism or Drug Abuse Recovery or Treatment Facility,” “Community
Care Facility – Licensed and Unlicensed,” “Senior Living Facility,” “Sober Living Home” (both “Small” and “Large”)
Rest Homes √ Existing definition is deleted and replaced by “Convalescent & Rest Homes ” (Type of Use)
Single Housekeeping Unit √ Existing definition is updated for additional clarity
ATTACHMENT NO. 4
SUMMARY OF PROPOSED PERMITTING PROCESS FOR UNLICENSED COMMUNITY CARE
FACILITIES AND SOBER LIVING HOMES
Homes that are operated as “Single Housekeeping Unit” are exempted
CATEGORIES PROPOSED PERMIT PROCESS
Required Permit
Operator’s Registration Operator’s Permit
Sober Living Homes certified by the
Orange County Sheriff’s Department
(OCSD)
All other unlicensed Community Care Facilities
and Sober Living Homes
Type of Permit Regulatory Permit (Ministerial)
Background
Checks No Yes
Required Public
Notice/Hearing None
Grounds for
Permit Denial or
Revocation
Applicable to
Both Permits
•Provision of false information
•Acceptance of residents who are not handicapped
•Repeated violations for applicable regulations and standards
•Failure to remove residents who are not complying with house rules and policies
Additional
Grounds for
Permit Denial or
Revocation
•Expiration/Revocation of OCSD’s
certification
•Located within 1,000 ft. of another
Sober Living Homes/Alcoholism or
Drug Abuse Recovery or Treatment
Facility
•Owner/Operator’s employment, criminal (10
years history for certain offenses), and/or alcohol
and drug abuse history
•Community Care Facility – Unlicensed:
Located within 300 ft. of another unlicensed or
licensed Community Care Facilities
•Sober Living Homes: Located within 800 ft. of
another Sober Living Homes/Alcoholism or
Drug Abuse Recovery or Treatment Facility
Existing
Facilities
•Must apply for a Regulatory Permit within 90 days of the effective date of the ordinance
•Must comply with all provision of the code within one year from the effective date or the
ordinance
•Exception: An one year extension may be granted based on existing lease term and/or financial
hardship
Expiration •Both Permits: Expires automatically after 6 months of inactivity
•Operator’s Registration: Expires if OC Sheriff’s certification expires or gets revoked
Transferability Permit is not transferable to any other person, entity or facility
Amendments
Applicant must provide a written update if there is any changes to the information provided in the
original permit application – 10 days, including renewal, expiration, or revocation of OCSD’s
certification, if applicable
ATTACHMENT NO. 5
COMMUNITY CARE FACILITY, UNLICENSED &
SOBER LIVING HOME APPLICATION
PLANNING SERVICES DIVISION
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
www.anaheim.net/planning
Jun 2020 Z213
INTRODUCTION
The purpose of the regulatory permit is to provide for Planning Director review of applications relating
to Community Care Facilities, Unlicensed (Small) and Sober Living Homes (Small) to ensure that they
meet the intent of the Zoning Code and General Plan. These are permits that do not require review
by the Planning Commission or other hearing body.
PROCEDURES
Applications will be processed according to the Regulatory Permits Processing Schedule listed on the
last page of this application. The Planning Director will make a decision on the request within ten
business days of receipt. This decision will be final and effective ten (10) days following the date of
the decision unless an appeal is filed within that time. A letter will be provided to the applicant
describing the decision and any conditions of approval applicable to the project.
APPEALS
Anyone dissatisfied with the decision of the Planning Director may file an appeal. When an appeal is
filed, the Administrative Permit will be scheduled for a hearing in front of the City Employee Hearing
Officer. All appeals shall be made in writing and filed with the Planning Department within ten (10)
days of the decision of the Planning Director. The appeal must be submitted to the Planning
Department with payment of an applicable appeal fee and should clearly identify the appellant(s),
shall specify the decision appealed and the reasons for appeal.
OFFICE USE ONLY – TO BE COMPLETED BY PLANNER
Initial Contact: Intake Plnr: Assigned Plnr:
Case Number(s):
Filing Deadline: Decision Due:
Decision (see permit): DRAFTATTACHMENT NO. 6
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
www.anaheim.net/planning
Jun 2020 Z213
Submittal Requirements:
The following minimum information and materials required for the processing of Regulatory Permits. All plans and
materials must be folded and be able to fit in a standard 8 ½ x 11 inch folder. Plans need to be drawn to scale
and have one of the following minimum dimensions: 11" x 17", 18" x 24", 15" x 21", or 24" x 36".If you have obtained
this application through our website, please contact a planner at 714-765-5139 to confirm applicability of the
submittal items.
□ OPERATOR’S REGISTRATION APPLICATION
Sober Living Homes (Small) with the Adult Alcohol and Drug Sober Living Facilities Certification from the
Orange County Sheriff’s Department.
□ 1. OPERATOR’S REGISTRATION APPLICATION Form with all required notarized acknowledgements.
□ 2. FEE - Payment amount identified in the Planning and Zoning Fee Schedule.
□ 3. SIGNED COPY OF LEASE – If the applicant is not the record owner of the property where the
proposed facility would operate, submit a copy of the lease identifying the agreement between the
owner of the facility and property owner.
□ 4. SITE PLAN – Submit one copy of a scaled site plan.
□ 5. FLOOR PLAN – Submit one copy of a scaled floor plan.
□ 6. COPY OF OTHER AGENCY CERTIFICATION – Submit one copy.
□ 7. Supplemental Owner/Operator Information Form (required if owner/operator is a partnership,
corporation, firm or association).
□ OPERATOR’S PERMIT APPLICATION
All Community Care Facilities, Unlicensed (Small) and Sober Living Homes (Small) without Adult Alcohol and
Drug Sober Living Facilities Certification from the Orange County Sheriff’s Department
□ 1. OPERATOR’S PERMIT APPLICATION Form with all required notarized acknowledgements.
□ 2. FEE - Payment amount identified in the Planning and Zoning Fee Schedule.
□ 3. SIGNED COPY OF LEASE – If the applicant is not the record owner of the property where the
proposed facility would operate, submit a copy of the lease identifying the agreement between the
owner of the facility and property owner.
□ 4. SITE PLAN – Submit two copies of a scaled site plan.
□ 5. FLOOR PLAN – Submit two copies of a scaled floor plan.
□ 6. Supplemental Owner/Operator Information Form (required if owner/operator is a partnership,
corporation, firm or association).
□ 7. Facility Owner/Operator Employment and Criminal History Information Sheet
□ 8. Facility Employee Information Sheet
□ 9. Detailed description of facility operations.
Applications will be processed according the Administrative and Regulatory Permit Filing Schedule.
DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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APPENDIX A
REQUIREMENTS FOR SITE AND FLOOR PLANS
SITE PLAN REQUIREMENTS:
1. North arrow (orientation of project site should show true north pointing up), scale of drawing
(EXAMPLE: 1/4 inch = 1 foot), title block and date of preparation.
2. Name, address, telephone number, and license/registration number of engineer, surveyor, or
person responsible for preparation of the plan
3. Name, address and telephone number of applicant.
4. Vicinity map and address of project site and associated buildings.
5. Location of all property lines and easements, including type and dimension.
6. Table summary of acreage, gross square footage, number of units (if applicable), type of
construction, allowable floor area versus provided floor area, occupancies and parking spaces required and
provided. Only required for new construction.
7. Parking tabulation/analysis that includes the following:
a. Tenant addresses and/or unit identification of all units on the property.
b. Tenant use and square footage (area) of each tenant space of all units on the property.
c. Parking spaces provided and required.
d. Existing and proposed handicap spaces and path of travel for accessibility.
8. Dimensions including:
a. Required building setback lines.
b. Distance between all buildings.
c. Distance from structures to property lines.
d. Distance to nearest street intersection centerline including names and widths of all
adjacent streets
9. Location and use of all existing and proposed structures, landscape areas (include total area of
square footages for existing and proposed), parking spaces (total number and dimensions), fences,
lighting, trash enclosures, outdoor dining areas, service areas, utility/emergency vehicle access and turn-
around areas, passenger drop-off and bus lay-by areas, freestanding signs, etc.).
10. Access and circulation for pedestrians and vehicles, including service areas and location and
width of existing driveways on adjacent properties and across street. Show truck and vehicle turning
templates as appropriate.
FLOOR PLANS REQUIREMENTS:
1. Name, address and phone number of applicant.
2. North arrow (orientation of project site should show true north pointing up), scale of drawing
(EXAMPLE: 1/4 inch = 1 foot), title block and date of preparation.
3. Address of project.
4. Floor plans must include dimensions and purposes of uses for all spaces within floor plan (i.e.
dance floor, dining area, kitchen, office, storage, etc.).
Existing and proposed occupancy. DRAFT
OPERATOR’S REGISTRATION APPLICATION FORM
Sober Living Homes (Small) with a Certification from the Orange County Sheriff’s Department
(Facilities with 6 or Fewer Persons)
CITY OF ANAHEIM – PLANNING AND BUILDING DEPARTMENT
PART 1. FACILITY INFORMATION:
Facility Name:
Orange County Sheriff’s Department
Adult Alcohol and Drug Sober Living Facilities
Certificate Number:
Number of
Residents:
Facility Address
or Location:
City State Zip
Facility Phone Number: Fax Number: E-Mail Address:
Mailing Address:
City State Zip
PART 2. PROPERTY OWNER INFORMATION:
Property Owner: Company Name:
Phone No:
Fax No:
E-mail Address:
Address:
City: State Zip
I HEREBY CERTIFY that I am the legal property owner of record or his/her authorized representative and acknowledge
and authorize the person(s) named above as applicant and agent to represent me and bind me in all matters concerning
this Application for Operator’s Permit. I approve of the action requested. ATTACH THE NOTARIZED
ACKNOWLEDGEMENT.
___________________________________ _______________________________ ____________________
Name of the Property Owner Signature Date
DRAFT
PART 3. APPLICANT INFORMATION (Facility owner/operator):
Name:
Company Name:
Alias or Maiden Name:
Phone No:
Fax No: E-mail Address:
Home Address: City: Zip Code:
Driver’s License No. Type: State:
Exp. Date:
Supplemental Operator/Owner Information Attached
*If facility owner/operator is a partnership, L.L.C. or corporation, the Supplemental Owner/Operator Information form
must be completed.
APPLICANT CERTIFICATION
I hereby certify the information contained in this application is true and correct and understand that providing false
information or withholding information, including any criminal record, is grounds for denial or revocation of my permit
and may subject me to criminal prosecution.
I understand that I am deemed the responsible party for any violation(s) of the Anaheim Municipal Code (AMC) that
may arise at the proposed facility location.
I affirm that only residents (other than the house manager) who are disabled as defined by state and federal law
shall reside at the proposed facility.
I understand that the operation of the proposed facility specified in this application will adhere, unless exempt
through a reasonable accommodation approval, to all the operational standards of Section 18.38.123 of the AMC,
including maintenance and implementation of the required written procedures and policies list under Section
18.38.123.020.0209 and 18.38.123.020.210 (if applicable).
I understand that I may not conduct the activity applied for until a permit has been granted, and that a copy of the
City Ordinances regulating unlicensed Community Care Facilities is available to me in the City Clerk's Office or over the
Internet at www.anaheim.net (Chapters 18.16 and 18.38 of the AMC).
I do hereby authorize the City of Anaheim, its agents and employees to seek verification of the information
contained on this application and to conduct inspections to determine that the provisions of Chapters 18.16 and 18.38
or other applicable laws are met.
I declare under PENALITY OF PERJURY under the laws of the State of California that the foregoing statements
are true and correct and that any permit issued based on false or misleading statements will be deemed
invalid. ATTACH THE NOTARIZED ACKNOWLEDGEMENT.
____________________________________ _____________________________ ___________________
Name of the Applicant Signature Date
If the applicant is a partnership, L.L.C. or corporation the such persons shall also sign the application (if
necessary, copy this certification page):
1. Every general partner of the partnership;
2. Every owner with a controlling interest in the corporation
3. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be
designated as the permit holder
DRAFT
PART 4. HOUSE MANAGER
If more than one house manager, provide a complete list of all house managers who will be responsible for the
facility 24-hours/7 days per week
Name of the House Manager:
Phone No:
Fax No: E-mail Address:
Address: City: Zip Code:
I hereby certify that I have read and review the code requirements for the unlicensed community care facilities and I
understand that I am responsible for the conduct of all employees and all facility residents, and that failure to comply
with any local, state or federal law may result in the revocation of the City-issued permit. I also certify under penalty of
perjury that information contained in this form is true and correct. ATTACH THE NOTARIZED ACKNOWLEDGEMENT.
____________________________________ _____________________________ ___________________
Name of the House Manager Signature Date
DRAFT
OPERATOR’S PERMIT APPLICATION FORM
Community Care Facilities, Unlicensed (Small) and Sober Living Homes (Small)
(Unlicensed Facilities with 6 or Fewer Persons)
CITY OF ANAHEIM – PLANNING AND BUILDING DEPARTMENT
PART 1. FACILITY INFORMATION:
Facility Name:
Type of Facility:
(check one) Community Care Facility - Unlicensed (Small) Sober Living Home (Small)
Number of
Residents:
Facility Address
or Location:
City State Zip
Facility Phone Number: Fax Number: E-Mail Address:
Mailing Address:
City State Zip
Name of House Manager Available 24/7:
Phone Number: E-mail Address:
PART 2. PROPERTY OWNER INFORMATION:
Property Owner: Company Name:
Phone No:
Fax No:
E-mail Address:
Address:
City: State Zip
I HEREBY CERTIFY that I am the legal property owner of record or his/her authorized representative and acknowledge
and authorize the person(s) named above as applicant and agent to represent me and bind me in all matters concerning
this Application for Operator’s Permit. I approve of the action requested. ATTACH THE NOTARIZED
ACKNOWLEDGEMENT.
___________________________________ _______________________________ ____________________
Name of the Property Owner Signature Date
DRAFT
PART 3. APPLICANT INFORMATION (Facility owner/operator):
Name:
Company Name:
Alias or Maiden Name:
Phone No:
Fax No: E-mail Address:
Home Address: City: Zip Code:
Driver’s License No. Type: State:
Exp. Date:
Supplemental Operator/Owner Information Attached
*If facility owner/operator is a partnership, L.L.C. or corporation, the Supplemental Owner/Operator Information form
must be completed.
APPLICANT CERTIFICATION
I hereby certify the information contained in this application is true and correct and understand that providing false
information or withholding information, including any criminal record, is grounds for denial or revocation of my permit
and may subject me to criminal prosecution.
I understand that I am deemed the responsible party for any violation(s) of the Anaheim Municipal Code (AMC) that
may arise at the proposed facility location.
I affirm that only residents (other than the house manager) who are disabled as defined by state and federal law
shall reside at the proposed facility.
I understand that the operation of the proposed facility specified in this application will adhere, unless exempt
through a reasonable accommodation approval, to all the operational standards of Section 18.38.123 of the AMC,
including maintenance and implementation of the required written procedures and policies list under Section
18.38.123.020.0209 and 18.38.123.020.210 (if applicable).
I understand that I may not conduct the activity applied for until a permit has been granted, and that a copy of the
City Ordinances regulating unlicensed Community Care Facilities is available to me in the City Clerk's Office or over the
Internet at www.anaheim.net (Chapters 18.16 and 18.38 of the AMC).
I do hereby authorize the City of Anaheim, its agents and employees to seek verification of the information
contained on this application and to conduct inspections to determine that the provisions of Chapters 18.16 and 18.38
or other applicable laws are met.
I declare under PENALITY OF PERJURY under the laws of the State of California that the foregoing statements
are true and correct and that any permit issued based on false or misleading statements will be deemed
invalid. ATTACH THE NOTARIZED ACKNOWLEDGEMENT.
____________________________________ _____________________________ ___________________
Name of the Applicant Signature Date
If the applicant is a partnership, L.L.C. or corporation the such persons shall also sign the application (if
necessary, copy this certification page):
1. Every general partner of the partnership;
2. Every owner with a controlling interest in the corporation
3. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be
designated as the permit holder
DRAFT
PART 4. AGENT INFORMATION (IF APPLICABLE):
Applicant Name:
Company Name: Relationship to Applicant:
Phone No:
Fax No: E-mail Address:
Address: City: Zip Code:
I have read and understand the obligations regarding the filing and processing of the attached application. Further, the
information submitted as part of this application, including maps, plans, drawings, statements and answers contained
herein, are in all respects true and correct.
____________________________________ _____________________________ ___________________
Name of the Agent Signature Date
DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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SUPPLEMENTAL OWNER/OPERATOR INFORMATION
Name of Responsible Managing Officer of Partnership, L.L.C., Corporation, firm or association:
Attach copy of Certificate of Limited Partnership, Articles of Organization (L.L.C.) or Articles of Incorporation.
Type of Entity: Corporation L.L.C. Partnership
Name of the Corp., L.L.C., or Partnership (as shown in above documents):
State of Registration
Registration Number Date of Registration
If a Corporation, include the names and addresses of each Officer, Director and each Stockholder holding more than
five (5) percent of the stock in the Corporation. If a Partnership or LLC, include the names, residence addresses &
dates of birth of each of the partners, including limited partners or members.
1 Name: Home Address:
City: State: Zip:: Date of Birth (if Partnership):
2 Name: Home Address:
City: State: Zip: Date of Birth (if Partnership):
3 Name: Home Address:
City: State: Zip: Date of Birth (if Partnership):
4 Name: Home Address:
City: State: Zip: Date of Birth (if Partnership):
5 Name: Home Address:
City; State: Zip: Date of Birth (if Partnership):
Have any Applicants, Owners, Operators, Officers, Directors, or Stockholders holding five (5) percent or more of the stock in the
Corporation or L.L.C., or any Partners or limited Partners of the Partnership been convicted of a crime? Yes No
If yes, provide individual’s name, describe offense, where, and date of offense below.
DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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FACILITY OWNER/OPERATOR EMPLOYMENT AND
CRIMINAL HISTORY INFORMATION SHEET
PART 1. LICENSE AND PERIMT HISTORY
Has the applicant operated, managed, or owned other community care facilities (either licensed or unlicensed)
or any similar facilities in this or any other jurisdiction?
YES NO
If yes, summarize the license and permit history of each facility the applicant has managed, owned or operated either
pursuant to a State license or a permit by a locality (attach additional sheets if necessary), including the following
information:
1. Name of the Facility:
License/Permit No: Date of License/Permit Issuance:
Type of Facility: Bed Capacity:
Address:
City: State: Zip Code:
2. Name of the Facility:
License/Permit No: Date of License/Permit Issuance:
Type of Facility: Bed Capacity:
Address:
City: State: Zip Code:
3. Name of the Facility:
License/Permit No: Date of License/Permit Issuance:
Type of Facility: Bed Capacity:
Address:
City: State: Zip Code:
Any voluntary surrender, or denial, revocation or suspension of the License/Permit for the facility?:
YES NO
If yes, indicate which license and state the reason:
DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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PART 2. BUSINESS, OCCUPATION, AND EMPLOYMENT HISTORY
List the applicant’s business, occupation and employment history for five (5) year preceding the date of this
application (attach additional sheets if necessary).
1. Name of Business/Occupation/Employment Position Held:
Address:
City: State: Zip:
Phone No.: Fax No: E-Mail:
2. Name of Business/Occupation/Employment Position Held:
Address:
City: State: Zip:
Phone No.: Fax No: E-Mail:
3. Name of Business/Occupation/Employment Position Held:
Address:
City: State: Zip:
Phone No.: Fax No: E-Mail:
4. Name of Business/Occupation/Employment Position Held:
Address:
City: State: Zip:
Phone No.: Fax No: E-Mail:
Any suspension or involuntary lay off from any of the employment?
YES NO
If yes, indicated which and state the reason:
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200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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PART 3. CRIMINAL RECORD
Has the applicant (owner/operator of the facility) ever been convicted of a crime, anything other than a traffic
violation?
YES NO
If yes, list the nature of the offense and the sentence received thereof:
1.
2.
3.
DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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FACILITY EMPLOYEE INFORMATION
*Notify the City within 10 days of any changes
PART 1. HOUSE MANAGER
If more than one house manager, provide a complete list of all house managers who will be responsible for the
facility 24-hours/7 days per week
Name of the Live-In Manager:
Phone No: Fax No: E-Mail Address:
Address:
City: State: Zip Code:
Driver’s License No. Type: State: Exp. Date:
Have you been convicted of a crime other than a traffic violation?
Yes No
If yes, describe where, type of offense, and date of offense(s) below:
I hereby certify that I have read and review the code requirements for the unlicensed community care facilities and I
understand that I am responsible for the conduct of all employees and all facility residents, and that failure to comply
with any local, state or federal law may result in the revocation of the City-issued permit. I also certify under penalty of
perjury that information contained in this form is true and correct. ATTACH THE NOTARIZED ACKNOWLEDGEMENT.
____________________________________ _____________________________ ___________________
Name of the House Manager Signature Date DRAFT
200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 (714)765-5139 Phone (714)765-5280 Fax
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PART 2. EMPLOYEES
List all employees that are hired by the facility, other than a house manager(s) and a facility resident.
1. Employee Name: Job Duties:
Address:
City: State: Zip:: Phone Number:
Driver’s License No. Type: State:
Exp. Date:
2. Employee Name: Job Duties:
Address:
City: State: Zip:: Phone Number:
Driver’s License No. Type: State:
Exp. Date:
3. Employee Name: Job Duties:
Address:
City: State: Zip:: Phone Number:
Driver’s License No. Type: State:
Exp. Date:
4. Employee Name: Job Duties:
Address:
City: State: City: State:
Driver’s License No. Type: State:
Exp. Date:
Has anyone listed here been convicted of a crime other than a traffic violation?
Yes No
If yes, describe who, where, type of offense, and date of offense(s) below:
DRAFT
SUMMARY OF PROPOSED OPERATIONAL STANDARDS FOR
ALL UNLICESNED COMMUNITY CARE FACILITIES AND SOBER LIVING HO MES
Homes that are operated as “single housekeeping unit” are exempted
CATEGORIES RECOMMENDED OPERATIONAL STANDARDS
Maximum
Number of
Occupants
•Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small): Six (6)
plus one (1) house manager
• Community Care Facilities – Unlicensed (Large) and Sober Living Homes (Large): At least
seven (7) residents with one (1) house manager
Required
Management A house manager must be on site on a 24-hour basis
Parking
Requirements
•All vehicles must be parked on-site
•All vehicles must be operable
•Driveways, garages, and on-site parking areas must be available for vehicle parking
Separation
Requirements
•Sober Living Homes: A minimum of 800 ft. required from any other Sober Living Home or
a State licensed Alcoholism or Drug Abuse R ecovery or Treatment Facility
•All other Community Care Facilities: A minimum of 300 ft. required from any other
Community Care Facilities (both unlicensed/licensed)
Other
Requirements
•ADUs cannot be used as a Community Care Facility/Sober Living Home unless th e
primary dwelling is used for the same purpose
•Number of residents in all units within the property including ADUs are combined to
determine the total number of residents
•Operators cannot provide “Care and Supervision” defined by Health and Safety Co de nor
services related to detoxification/recovery as defined in Section 10501(a) of Title of CA
Code of Regulations
•Must comply with all building, municipal and zoning codes
•Owners/operators are required to certify under penalty of perjury that the facility will
implement written procedures/policies on the following:
o Intake procedures
o Facility rules and regulations
o Good neighbor policy
o Eviction/involuntary termination procedures
Additional
Requirements for
Sober Living
Homes
•Owners/operators are required to certify under penalty of perjury that the facility will
implement written procedures/policies on the following:
o Active program participation policy
o Visitation policy
o Controlled substance policy
ATTACHMENT NO. 7
Orange County Recovery Collaboration
5-13-20
To Whom It May Concern:
On behalf of the Orange County Recovery Collaboration and the California Consortium of
Addiction Programs and Professionals (CCAPP) we have written the following report on sober
livings, also known as recovery residences (RRs) in Orange County. We have titled it “How
Cities, Counties, and Recovery Residences Can Live in Harmony.” The report outlines current
issues surrounding the reporting and identification of RRs.
RRs are a proven mechanism and effective method in assisting individuals in their recovery
process. The report identifies the cost benefit, the difficulty in identifying actual number of RRs
providers. Lastly, we offer guidelines and a proposed local ordinance.
If you have any questions please contact any of the following:
Co Chairs of OC Recovery Collaboration
Tamarra Jiminez – 714-337-7851
Mitch Cherness – 949-887-3009
CCAPP Contact
Sherry Daley - 209-200-0757
Pete Nielson - 530-409-7623
ATTACHMENT NO. 8
Orange County Recovery Collaboration
5-13-20
How Cities, Counties, and Recovery Residences
Can Live in Harmony
The Orange Recovery Collaboration (Collaboration) has recognized that cities, and the County of Orange,
have been creating ordinances and other systems to address recovery residences, also known as sober
livings. As such, the Collaboration decided to establish a task force to provide local governments with
resources to help the cities, counties, recovery residence providers, and the media work more
effectively together. The task force held its initial meeting on February 18, 2020. This document will
serve as the collaboration’s final recommendations on the subject of local ordinance development in our
region.
The terms “sober living” and “recovery residence” have been used by cities, the county, and the media
to depict unsightly and problematic homes as a scourge upon neighborhoods; characterizing all of this
type of housing as deleterious to their communities. Recovery residence language has been
incorporated into ordinances which greatly impacts their ability to be established and operated,
reducing access to this critical part of the continuum of opportunities to recover from addiction for
many individuals.
Additionally, the media has inaccurately reported the number of recovery residences in the region
because it often includes addiction treatment providers and group homes in their statistics. The reality
is that there is no possible way, at this time, to report the actual number of recovery residences in
Orange County. Numbers reported by cities, the county, and the media are absolutely false and have
confused the public. There is no mandatory reporting or licensing required of recovery residences
because these entities are strictly residential uses of property. To the Collaboration’s knowledge, no
city, county, or media outlet has conducted an actual survey to determine the number of recovery
residences in any jurisdiction. However, it is possible to estimate the number of recovery residences in
an area, and for the sake of this report we have surveyed known Anaheim providers and participants
who have accessed recovery residence living in Anaheim in order to identify the approximate number of
recovery residences there may currently be within the city’s boundaries.
As of today, there are two sheriff certified programs, operating seven homes. Based on our survey, we
have determined that there are an additional ten recovery residences that we are aware of, although we
are certain there are other recovery residences in Anaheim operating without public disclosure by
choice. There are also a number of homes, such as group, transitional housing, and long-term housing
programs. However, these are not recovery residences, although some continue to include them in
numbers reported by local authorities and the media.
Orange County Recovery Collaboration
5-13-20
So that all concerned can use the same language, it is important to recognize the various types of
recovery residences that exist and how they are categorized. There are currently four levels of recovery
residences recognized by the National Alliance for Recovery Residences, as follows:
Recovery Residence Levels
Level One – Level one recovery residences offer supportive housing in a community-based peer
environment. These recovery residences are commonly known as sober homes, and are most often
found in single family residences. Oversight of residents is peer-based within the home; residents are
self-monitoring and accountable to each other. The primary criterion for this living environment is a
willingness to be abstinent of mood altering substances. Self-help (i.e. 12 step) meetings and outside
recovery support services are encouraged or required. Weekly house meetings are a standard
component, where chores and overall house functioning is processed within the community. Typically,
these homes have no house manager; rules are created and maintained purely by the residents (Oxford
Model); and operated solely by the residents. There are very few of these in Orange County, if any. The
Collaboration did not identify any of this level in Anaheim.
Level Two: Residences are characterized by a community-based environment supervised by a senior
resident, house manager, or staff member. This staff member monitors operations and residents, and
enforces structure that is implemented in the form of house rules or standards. There is an emphasis on
community and accountability that manifests in a culture of peer support. The activities of leaders or
staff are not to be construed as “supervision,” rather they are group motivators and seen as persons
who develop the family’s core values, similar to a parent, grand parent, or older sibling.
Level Three: Residences are noted for their practical, rehabilitative approach. They provide an increased
level of structure and oversight, and often utilize a clinical component of some kind, i.e. outpatient or
aftercare services from a collaborative entity. This level offers life skill-oriented programming in-house
or in cooperation with other service providers. Guidance is provided for the development of life skill and
recovery sustaining activities, i.e. employment, self-help, physical health, etc. Case management and
clinical services are contracted in, or accessed in the outside community.
Level Four: Recovery residences provide peer-based services plus life skills and clinical programming.
They are most often aligned or attached with a licensed treatment provider, and overseen by an
appropriately credentialed and qualified management team. This level is characterized by a high degree
of daily structure. Licensed and credentialed staff members provide in-house program services.
Because levels III and IV contain clinical components, any recovery residence operating at these levels
would be operating in violation of state requirements for residential licensing. Therefore, California’s
recovery residences are strictly levels I, or II, with the vast majority being level II, which do not provide
the level of service that would entail supervision or clinical care.
Orange County Recovery Collaboration
5-13-20
What needs do recovery residences fill?
Research has shown that the longer a person is engaged in the recovery process, the better their chance
of sustained recovery 1. Recovery residences have historically provided a place where someone can
reside in a safe environment while engaged in outpatient services, transition from residential treatment,
or simply accommodate their need to live a recovery lifestyle and attend recovery meetings.
Residential treatment stays are becoming shorter and becoming less common as a means of treating
addiction. At one time, stays in residential treatment were years long and these programs offered both
extensive treatment and social re-entry. Currently, Medi-Cal 2 allows for up to 90 days of treatment with
a possibility of an extension for up to 30 days. Many of these recovering people do not have a place to
live while continuing their recovery. People in early recovery who are without housing are highly
susceptible to homelessness, which is a considerable factor in relapse. This applies not only to out-of-
state participants, but Orange County residents as well as many are homeless when they enter
treatment. Recovery residences are a powerful tool for addressing homelessness. Thanks to their
availability, homeless counts often do not include individuals at recovery residences, thus reducing the
number of homeless quantitatively as well as reducing the number of visible homeless persons in the
community.
Drug addiction treatment and recovery housing reduces drug use and its associated health and social
costs. Substance abuse costs our Nation over $600 billion annually and treatment can help reduce these
costs. Drug addiction treatment and recovery housing has been shown to reduce associated health and
social costs by far more than the cost of the treatment itself. Treatment and recovery housing is also
much less expensive than its alternatives, such as incarcerating people with addiction. For example, the
average cost for one full year of methadone maintenance treatment is approximately $4,700 per
patient, one month of inpatient treatment costs an average of $30,000, and one year’s recovery
residence housing is often less than $12,000 per year. One full year of imprisonment in California costs
approximately $81,000 per person.
According to several conservative estimates, every dollar invested in addiction treatment and recovery
programs yields a return of between $4 and $7 in reduced drug-related crime, criminal justice costs, and
theft. When savings related to healthcare are included, total savings can exceed costs by a ratio of 12 to
1. Major savings to the individual and to society also stem from fewer interpersonal conflicts; greater
workplace productivity; and fewer drug-related accidents, including overdoses and deaths.”3
1 https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/principles-effective-
treatment
2 https://www.dhcs.ca.gov/provgovpart/Pages/Drug-Medi-Cal-Organized-Delivery-System.aspx
3 https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/frequently-asked-
questions/drug-addiction-treatment-worth-its-cost
Orange County Recovery Collaboration
5-13-20
Recovery residences help solve our homeless problem. According to the 2019 Orange County Point 4 in
Time study, there are 6,860 homeless and of those, 33.73% (1,253 individuals) identified as having
substance use issues, 26.82% (996 individuals) identified as having mental health issues. Over half of
Orange County’s homeless population is experiencing untreated behavioral health issues. Despite media
reports attributing homelessness to “recovery residence proliferation,” recovery residences can get
these individuals off the street and into recovery - this resource is an answer to the problem, not the
problem.
Recovery Residence Certification
Orange County was very progressive in establishing a voluntary recovery residence certification process
through the Orange County Sheriff’s Department. In order for recovery residences to receive a County
contract, they must be certified by the Orange County Sheriff’s Department. As of March 1, 2020, there
are seven providers certified, with a total of 19 residences (eight of which are in Anaheim).
In addition to Orange County’s certification system, the National Alliance of Recovery Residences (NARR)
was created to promote high quality and ethical standards for recovery residences throughout the
nation. In California, the California Consortium of Addiction Programs and Professionals (CCAPP) is the
designated NARR certification provider. CCAPP provides statewide voluntary certification in California.
Currently there are six certified Orange County providers, with nine locations, and of those none are
located in Anaheim.
Should certification be mandatory?
The Collaboration believes that homes should be certified so that all participants are protected and
neighbors can have confidence in the homes located in their neighborhoods. Certification also serves a
vital role in training owners and operators, mediating neighborhood complaints, and allowing
participants a means of complaint should issues arise. The collaboration strongly suggests that the city
embark on a public information campaign that teaches the public how to identify certified homes (as
opposed to non-certified), informs neighbors about complaint procedures with the certifying body, and
generally promotes positive sentiment about well-run (certified) homes. It would also be helpful for staff
to be trained about certification so that they can effectively communicate with the public about what
safeguards it provides.
What government requirements are hindering opening facilities?
Many local governments in Orange County, including Costa Mesa, have passed local ordinances to limit
the amount of new and/or existing RRs within cities. The County of Orange passed a similar ordinance
of the unincorporated areas of the county. These ordinances, often aimed at limiting new facilities from
4 http://ochmis.org/wp-content/uploads/2019/08/2019-PIT-Infographic-7.30.2019.pdf
Orange County Recovery Collaboration
5-13-20
opening or existing facilities from operating/expanding, serve as blanket polices that impact both “good”
and “bad” operators. The City of Costa Mesa requires a special use permit in order to operate a RR
regardless of the amount of residence. Only treatment centers licensed by the Department of Health
Care Services or Social Services are allowed to operate up to six beds without any permit. Once an
ordinance was passed, existing operators had to apply for conditional use permits if they operated
facilities with over six beds and special use permits if they operated facilities with under six beds. While
the special use permit process was supposed to be ministerial in nature, the approval process was taken
to a public forum after community outcry. Turning to the public for approval of RRs encourages “not in
my backyard” (or “NIMBY”) attitudes, and this type of group-think can hinder needed housing for
individuals in need within cities. Some NIMBY groups are organized enough to create websites and local
mailers for residence which leads to discrimination and prolonging stigma towards persons suffering
from substance use or mental health disorders. A number of providers have filed lawsuits against these
local governments claiming discrimination towards disabled persons. There are simple and effective
certification processes and organizations, such as CCAPP, that would shift the responsibility from local
governments and community members to regulate RRs to an organization that is the California NARR
affiliated and specializes in certifying.
How is Los Angeles County Addressing Recovery Residences?
Los Angeles County providers are using CCAPP to certify Recovery Bridge Housing sites. Funding for the
sites has been part of a partnership with Los Angeles County Substance Abuse Prevention and Control
(SAPC) and individuals who have access while engaged in treatment services. There is still the use of
traditional Sober Living beds for individuals who are not involved in treatment activities. The homes
providing housing for individuals receiving outpatient treatment services are also overseen by SAPC and
LA County Public Health for safety and other concerns.
It is important to distinguish between contracting for recovery residence housing and a local ordinance
compelling certification. Contracts, by their nature, are voluntary commitments between two parties.
Either party can choose to agree to any terms or conditions before entering a contract. It is prudent and
necessary that public monies be tied to safety and performance criteria in the language of contracts.
Using these provisions to require private groups of people, protected by the Americans with Disabilities
Act, living as families to conform to any standard on a non-voluntary basis would assuredly lead to state
or federal litigation.
How can we address the “bad apples”?
The collaboration aligns itself with our state organization, CCAPP, which has produced a detailed “Model
Local Ordinance for Recovery Residences.” We believe that classifying properties according to their
function (recovery residence v. boarding home) is a non-discriminatory way in which to remove entities
claiming to be recovery residences who do not practice and recovery principles and are a nuisance to
their communities. Please see the attached model ordinance document for further clarification.
Orange County Recovery Collaboration
5-13-20
Drug Medi-Cal Organized Delivery System and its effects on recovery residences and treatment in
Orange County
The Drug Medi-Cal Organized Delivery System (DMC-ODS) and some insurance companies have
implemented systems to determine levels of care and how long a person should stay in treatment
utilizing the American Society of Addiction Medicine placement criteria tool. Due to the federal waiver
that produced the DMC-ODS, 90 days of residential treatment and two episodes of residential treatment
per year are the maximum residential benefit for treatment. As such, stays are limited. Research has
shown that the longer a person is engaged in treatment the better their chance of long term sobriety
and/or becoming a responsible productive member of society. Treatment primarily includes residential
and outpatient treatment. Additional treatment may include a spiritual or non-spiritual program. Often
individuals are homeless as a result of their addiction, or need additional support, post residential
treatment, or during outpatient treatment. Recovery residences offer support at a low cost to the
individual. Currently, the County of Orange is paying for up to four months of recovery residences at
Sheriff-approved homes contracted with the county. The County requires individuals to be engaged in
their treatment while residing in the recovery residence. This model has proven very successful.
Homeless needs and how Recovery Residences can help
As noted in the 2019 Orange County PIT report, approximately 64% of Orange County’s homeless
population has a behavioral health issue. Recovery residences contract with Orange county, mental
health and substance abuse providers to provide a transition from homelessness or from behavioral
health treatment. Recovery residences play a major role in getting and keeping individuals off of the
streets. Recovery residences provide a safe living space with supportive allies who support healthy
activities of daily living and encourage linkages to providers who can address primary issues such as
substance use or mental health in a non-clinical, peer-to-peer way that empowers individuals to want to
engage in formal and/or informal practices that promote successful recovery.
Recommendations:
Recovery residences are not group homes or treatment providers and as such should not be treated as
such. Group homes and treatment providers have their own regulations and guidelines that they must
follow. Legislation should require that all recovery residences receiving public funding (voluntary
contracted to provide this type of housing) should be certified by one certifying agency; see AB 1779
(Daly). Our statewide certifying organization, CCAPP, has established guidelines that will address the
concerns of cities and the county for residences that are not dependent on contracts and who may be
operating in bad faith. Additionally, these guidelines will ensure that residents in these programs are in
a safe family environment. The guidelines, at a minimum, require providers to have a good neighbor
policy, to ensure neighbors are aware of who to contact should they have concerns; and that they
operate as family units making them conducive to living in harmony with their neighbors.
Orange County Recovery Collaboration
5-13-20
The collaboration recognizes that over concentration of homes is a common complaint. Solving this
issue may prove to be difficult due to discrimination litigation possibilities. The collaboration
recommends that distance spacing requirements do not become part of any ordinance due to
discrimination possibilities and pledges to make a concerted effort to work with operators to voluntarily
refrain from concentrating units in single family neighborhoods.
Additional Links and Attachments:
OC Sheriff Guidelines- https://www.ocsd.org/gov/sheriff/about_ocsd/info/services/sober.asp
CCAPP Sober Living Certification: https://ccapprecoveryresidences.org/
Recovery Residence Local Regulations Guidelines
Recovery Residence Model Local Ordinance
Resident Testimonial
Orange County Recovery Collaboration Brochure
Orange County Recovery Collaboration
5-13-20
2400 Marconi Ave. T (916) 338-9460 ccapp.us
Sacramento, CA 95821 F (916) 338-9468
RECOVERY RESIDENCE LOCAL REGULATION GUIDELINES
Presented by:
The California Consortium of Addiction Programs and Professionals
Role of CCAPP:
CCAPP represents over 700 recovery residences in California and is an affiliate for the National
Alliance for Recovery Residences. CCAPP formed by consolidation with the oldest certifying
organization for recovery residences who has implemented quality standards for this type of
housing since 1979. CCAPP regularly inspects recovery residences throughout the state to ensure
they are meeting national standards for quality and adherence to recovery residence principles
which include maintaining a family like environment in each home.
Emphasis on recovery residences as families:
In a 1980 California Supreme Court decision, City of Santa Barbara v. Adamson, the court ruled,
based on privacy rights that definitions of “family” for purposes of zoning cannot distinguish
between related and unrelated individuals. Following are examples of legal definitions of family
local governments can use:
Example 1
One or more persons living together as single house-keeping unit
Example 2
One or more persons, related or unrelated, living together as a single integrated
household in a dwelling unit
Recovery residences and other independent living environments for persons with addiction, that
function as a family, do not provide care, treatment, individual or group counseling, case
management, medication management, or treatment planning, and do not supervise daily
activities. Therefore, sober living and independent living residences that function as a family are
not subject to state licensure requirements. What they do provide is a supportive family-like
Orange County Recovery Collaboration
5-13-20
setting for unrelated adults. Typical characteristics of a family found in recovery residences may
include: the formation of close emotional and psychological bonds, commitment to each other
and emotional support, rotation of chores, eating evening meals together, and socializing
together and engaging in shared activities of their choosing.
Recovery Residences (Sober Livings) are very different from treatment centers, assisted living,
medical residences, and mental health houses. The activities in the home do not require anyone
to directly supervise residents or provide health/physical assistance. Residents form a supportive
peer to peer family unit. The family structure of the living space within a recovery residence is a
critical element to its success. It is difficult to overestimate the degree to which participants
interact as a family would. They share each other’s challenges; contribute to one another’s
successes; and often develop lifelong relationships with one another. Because one or two
members of the “family” may maintain an economic relationship with the owner of the home,
does not diminish the true nature of the relationships between its members.
Specific Certification Standards that provide evidence of family structure and setting:
Homes that have been certified by the California Consortium of Addiction Programs and
Professionals meet the National Alliance for Recovery Residence Standard 14, which requires a
family-like setting:
“14. The residence is comfortable, inviting, and meets residents’ needs a. Verification
that the residence is in good repair, clean, and well maintained; b. Verification that
furnishings are typical of those in single family homes or apartments as opposed to
institutional settings; c. Verification that entrances and exits are home‐like vs.
institutional or clinical.; d. Verification of 50+ sq. ft per bed per sleeping room. e.
Verification that there is a minimum of one sink, toilet and shower per six residents. f.
Verification that each resident has personal item storage. g. Verification that each
resident has food storage space. h. Verification that laundry services are accessible to
all residents. i. Verification that all appliances are in safe, working condition.”
Additionally, participants in a recovery residence have established ties and familiarity with each
other; jointly use common areas; interact with each other, share meals, household activities, and
expenses, responsibilities:
Homes that are certified by the California Consortium of Addiction Programs and
Professionals meet the National Alliance for Recovery Residence Standards 15, 23. b, 27.
a-f, and 28. a-d, which require interaction and joint use of common areas:
15. The living space is conducive to building community a. Verification that a
meeting space is large enough to accommodate all residents. b. Verification that a
comfortable group area provides space for small group activities and socializing; c.
Verification that kitchen and dining area(s) are large enough to accommodate all
Orange County Recovery Collaboration
5-13-20
residents sharing meals together. d. Verification that entertainment or recreational
areas and/or furnishings promoting social engagement are provided.
23. b. Evidence that resident-to resident peer support is facilitated: Evidence that
residents are encouraged to practice peer support interactions with other residents.
27. Sustain a “functionally equivalent family” within the residence by meeting at least
50% of the following: a. Residents are involved in food preparation. b. Residents
have a voice in determining with whom they live. c. Residents help maintain and
clean the home (chores, etc.). d. Residents share in household expenses. e.
Community or residence meetings are held at least once a week. f. Residents have
access to common areas of the home.
28. Foster ethical, peer-based mutually supportive relationships among residents and
staff a. Engagement in informal activities is encouraged. b. Engagement in formal
activities is required. c. Community gatherings, recreational events and/or other social
activities occur periodically. d. Transition (e.g. entry, phase movement and exit)
rituals promote residents' sense of belonging and confer progressive status and
increasing opportunities within the recovery living environment and community.”
Role of Fair Housing Accommodations
To prevent discriminatory aspects from impacting decisions regarding zoning or regulation of
recovery residences, policy makers must remove the lens of the disability that these types of
congregate living members share. Two helpful tests follow:
Birdwatcher Analogy
Assume that the family unit being examined for regulation or zoning, taking into consideration
Santa Barbara v. Adamson, consists of a group of eight women over 50 who share a common
interest: birdwatching. The eight women live in a private residence in a residential neighborhood.
Some of the women have lived at the residence longer than others. Over a period of time, one or
more of the eight (Nancy and Cathy) take on responsibilities such as gathering rent from the
other members, making chore lists to ensure that the home stays presentable, organizing outings
for bird watching trips, and mediating disputes between house members.
Recovery residences developed from their earliest existence in this way. Members are not paying
for services or being supervised. They live together as a family and akin to all families, some
members provide leadership and generally keep the home in working order both physically and
psychologically.
If this group of housemates is not required to “register,” agree to abstinence, seek a permit to live
in a residential neighborhood, or agree to restrictions that other families do not submit to, any
ordinance that seeks to treat people with addiction differently than birdwatchers, would be
Orange County Recovery Collaboration
5-13-20
considered to be based upon the disability of the residents (addiction). It would therefore be
considered discriminatory on its face.
LGBTQ Analogy
Assume that the family unit being examined for regulation or zoning, taking into consideration
Santa Barbara v. Adamson, consists of a group of eight young adults who are gay or bi-sexual,
who share a common need to support each other from a society that discriminates against their
sexual orientation and decide that, for their safety and security, sharing a home together is a
preferable option.
Although this household likely is not common, it would never be considered for an ordinance to
“regulate” it so that neighbors feel safe living near it. No local jurisdiction would contemplate
crafting an ordinance to compel a household of gay men to come forward, make itself known,
submit to “registering,” agree to rules that if not followed would leave them homeless, or require
them to prove they are anything other than an ordinary family unit.
If a proposed ordinance cannot be applied to a home with a group of gay men living together,
likewise it cannot be reasonably applied to people with addiction who chose to live together,
without being considered equally discriminatory.
Addressing Problem Homes without Discrimination
CCAPP’s mission is to improve the quality of and access to addiction treatment and recovery
services. For decades, CCAPP has actively sought to eliminate abusive or poorly run “recovery
residences.” The safety of people in recovery is the organization’s primary objective. As such,
CCAPP has spent years gathering data, meeting with attorneys, and working with the Legislature
and Administration to create guidance that will assist local government in protecting people in
recovery, while encouraging harmony for recovering people and the communities they have
always lived in.
The first rule for addressing problem homes is to treat them in the same way that any
neighborhood problem would be addressed. Strong code enforcement is critical to ridding
neighborhoods of nuisance homes. This approach does not violate the rights of the disabled
because it is applied evenly, to all members of the community.
CCAPP is abundantly aware that some operators victimize people in early recovery, offering
cheap rooms with little or no “family environment” and no attempt to collaborate on supporting
residents’ goals in recovery. These types of arrangements are NOT family units and do not fall
under the definition of recovery residence. They should be evaluated according to their structure
(boarding house, group home, assisted living, etc.) and zoned as such.
CCAPP also recognizes that there are times when a local government may be unable to
determine whether a particular congregate living situation meets the definition of a bona fide
Orange County Recovery Collaboration
5-13-20
recovery residence. In these instances, the local jurisdiction should be allowed to compel a home
to become certified by an organization affiliated with the National Alliance for Recovery
Residences to settle any disputes about the classification of the home.
To address nuisance homes that fail to utilize quality standards to the extent that they impact the
health and safety of the residents and community, CCAPP recommends that local ordinances
require continuous certification for violators. In this way, a local jurisdiction could challenge the
zoning classification of boarding houses that masquerade as “sober living.” It would also allow
local jurisdictions to reclassify the use of a property if its certification is revoked by the
certifying organization for failing to fulfill its contractual agreements for quality and consumer
protection.
Using certification to challenge the specified use of a property can be applied to any property
owner (non-discriminatory), as opposed to requiring ALL recovery residences to apply for
registration or permits, which targets a protected class (re- birdwatcher and LGBTQ examples).
The use of certification to determine proper classification for property use is a way to ensure that
a community can rid itself of poorly run boarding houses while leaving recovery residence
families to continue to live without fear of discrimination.
CCAPP has crafted a draft local ordinance for use in updating codes to reflect the needs of
communities to address imposter recovery residences. The model ordinance relies on anti-
discrimination foundations that CCAPP believes will withstand legal challenge from disability
rights advocates and fair housing representatives. It is attached for your consideration.
Orange County Recovery Collaboration
5-13-20
RECOVERY RESIDENCE
MODEL LOCAL ORDINANCE
Proposed by:
The California Consortium of Addiction Programs and Professionals
Title: Recovery Residence Housing
A. Recovery Residence. “Recovery residence” means a residential dwelling that provides primary
housing for individuals who seek a cooperative living arrangement that supports personal recovery from
a substance use disorder and that does not require licensure by the Department of Health Care Services
or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01) of
the Health and Safety Code. A recovery residence may include, but is not limited to, residential dwellings
commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and
drug free residences.”
B. Recovery Residence Zoning
1. Residents of a recovery residence shall be considered a family and the recovery residence shall be
considered a residential use of property.
2. A recovery residence shall be allowed as a use by right in the following zoning classifications: <list all
locations where dwelling units are allowed.
3. A recovery residence shall comply with the development standards for one family or multiple family
dwellings, as applicable, located within the same zone.
4. To distinguish a recovery residence from other congregate living, group facility, or health facility
designations, when the manner in which the residence is operated cannot be accurately categorized as a
recovery residence, a recovery residence may be required to obtain certification from a recognized
nonprofit certifying organization, as defined in C., in order to confirm that it meets the definition of
recovery residence. A recovery residence shall be allowed 90 days to apply for and be certified by the
recognized nonprofit organization.
C. For purposes of this article, a recognized nonprofit certifying organization means an organization that
is currently a recognized affiliate of the National Association for Recovery Residences (NARR), or a
successor agency, and has adopted the standards approved by NARR, including at least the following:
Orange County Recovery Collaboration
5-13-20
1. The recovery residence is being used as a residence for persons recovering from substance use disorder and participants are engaged in recovery programs of their choosing; 2. The recovery residence observes and promotes a zero-tolerance policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications used in accordance with the prescription; 3. The recovery residence has no sanitation or structural issues that pose a threat to the safety and wellbeing of the participants; 4. The recovery residence has a written policy for addressing relapse and the use of drugs or alcohol; 5. The recovery residence operates as a family unit: sharing chores and responsibilities, working together to support residents’ personal goals, socializing together with meals and activities, and determining policies and goals together that benefit the family unit.
D. The (insert city, county, or city and county) or local law enforcement that has documented, that a
recovery residence within its jurisdiction is not operating in compliance with NARR standards to an
extent that resident or community safety is being impacted, in a manner that suggests fraudulent
activity is occurring, or in a manner that would require licensure as a residential treatment facility,
shall report these findings to the Department of Health Care Services, for suspected unlicensed activity,
to the County District Attorney for suspected fraudulent activity, or to the NARR affiliate that provides
certification for the recovery residence for not operating in compliance with NARR standards.
E. A recovery residence shall provide no on-site, clinical services such as, but not limited to, educational
counseling, counseling sessions, treatment or recovery planning, or detoxification.
F. A recovery residence that cannot obtain certification, when required for determining zoning
classification, or has its certification revoked by a recognized nonprofit organization, shall no longer be
considered a recovery residence and must comply with requirements for the designated facility
classification assigned to it.
G. No recovery residence shall be required to register with, seek a permit from, or disclose its location to
the (city/county). Where certification of a recovery residence is necessary to determine that the
residence meets the definition of recovery residence, the recovery residence shall request that a
verification letter be mailed directly from the recognized nonprofit organization to the (city/county) and
the (city/county) may verify the ongoing status of the certification by viewing the organization’s public
data base or by contacting the organization directly.
Orange County Recovery Collaboration
5-13-20
Resident testimonial
To whom it may concern,
My name is Ashley Rosborough. My sobriety date is 12/3/2016. I have struggled with
addiction for over 10 years. I've never been able to put any sobriety time together or
worked the steps until this time around. I became homeless for the first time at 17 years
old. My addiction to drugs in alcohol made me throw away worthwhile in life. When I
went to the Roque center detox December 2nd 2016 I had no clue what I was going to
do. I was living at a homeless shelter in Santa Ana completely alone in every sense of
the word. A woman came to visit the Roque center and when she spoke with me and
realized I had nowhere to go she got me into one of Frank's houses. Frank accepted
me. I had no food, no money and no clothes. Frank introduced me to a woman who
gave me a job (which I still hold today) , he gave me donation food and donation clothes
too. There are guidelines and rules that need to be met in order to keep you place in his
house. You had to do a chore, keep you living space clean, be respectful to the other
residents in the house and be accountable to the house meeting every Sunday and
have a meeting card signed. (Attend a minimum of 5 meetings a week) This was the
structure that I desperately needed! I went on to manage one of his houses when I was
9 months sober and that was an amazing experience! I got to be of service and guide
the women in the house to a better way of life. I got to be an example to these woman.
Frank's sober living and Frank himself were a HUGE part in saving my life.
Orange County Recovery Collaboration
5-13-20
The Orange County
Recovery
Collaboration exists
to unify providers
to create significant
changes in our
communities. If we
join together, we
can serve countless
people in all areas
of addiction.
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Orange County Recovery Collaboration
5-13-20
The Collaboration started in September 2017. We consist of substance use disorder, Mental Health, and Homeless providers, along with members of the community, including elected representatives and law enforcement. The Collaborative’s goals are to eliminate barriers and connect resources to those suffering from substance abuse. Everyone is welcome to attend and to become a member.
What is the OC Recovery Collaboration? The Collaboration is a group of caring individuals who belong to organizations addressing behavioral health issues. Members may represent an organization, but the Collaboration only answers to ourselves. We are empowered to speak our minds without the constraints of politics. The Collaboration was created because we cannot keep addressing addiction as separate entities. We work together for the common good to create signi�icant change. We exchange information and are action orientated. We have conversation and learn about resources related to treatment. We are
neither a non nor for-pro�it
organization and we are not af�iliated
with any organization.
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2400 Marconi Ave. T (916) 338-9460 ccapp.us
Sacramento, CA 95821 F (916) 338-9468
July 6, 2020
The Honorable Michelle Lieberman
Chairperson
Anaheim Planning Commission
319 North Harbor Blvd.
Anaheim 92805
Re: Urgent request to delay hearing for ZONING CODE AMENDMENT NO. 2020-00170
Dear Chairperson Lieberman:
On behalf of the California Consortium of Addiction Programs and Professionals (CCAPP) - the largest
statewide consortium of community-based for profit and nonprofit recovery residences - we
respectfully request the Commission postpone its hearing concerning Zoning Code Amendment 2020-
00170, scheduled for tonight.
CCAPP met with city representatives concerning this ordinance and provided written suggestions for its
construction. However, our organization was not afforded the professional courtesy of viewing the draft
ordinance until it was made public Thursday, July 2 (on the eve of a three-day national holiday). In order
for CCAPP to contribute meaningful public comment and to respond to the significant, erroneous
comments made in the staff report, a delay in the hearing on this item until the commission’s next
regularly scheduled meeting is necessary. As far as we are aware, there is no urgency to this issue that
warrants a hearing where stakeholders are not allowed sufficient opportunity to respond.
Our preliminary review of the proposed ordinance leads us to the conclusion that it’s in direct conflict
with state and federal law. As far back as 2008, the Ninth Circuit Court of Appeals, in Pacific Shores et. al.
v. City of Newport Beach, affirmed this fact in finding that the City of Newport Beach had intentionally
and unlawfully targeted recovery residences in an ordinance it passed in 2008. The proposed ordinance
on this evening’s agenda includes many of the same elements included in the Newport Beach ordinance
held to be unconstitutional.
Should a hearing be conducted on the draft ordinance, CCAPP respectfully requests that the hearing be
“informational only” and remain with the Planning Commission to provide additional time for
stakeholder input and participations. We appreciate your consideration of our request.
Sincerely,
Pete Nielsen
Chief Executive Officer
NEW CORRESPONDENCE
ITEM NO. 4
From:Tamara Jimenez
To:Planning Commission
Subject:Item 4
Date:Monday, July 6, 2020 10:43:03 AM
Importance:High
Please postpone item 4 until the end of August.
From: Tamara Jimenez
Sent: Sunday, July 5, 2020 8:06 PM
To: Sandra Sagert <ssagert@anaheim.net>
Cc: Ted White <TedWhite@anaheim.net>; Leonie Mulvihill <lmulvihill@anaheim.net>
Subject: RE: Proposed zoning Sober Living
Importance: High
Good evening,
We really need additional time to go through this through staff report. We appreciate all the time
and effort staff has put into this. Due to the report coming out over the holiday weekend there was
just no way to get input from our members. We have a meeting this week where we will be able to
review and discuss it further. We would really hope you could pull this from tomorrow’s agenda to
give us time to do so. That way we have a chance to get valuable and helpful feedback from all
stakeholders. We would rather work together now than have it pushed over to council immediately.
We believe we can work together with you to create the best version possible that will easily pass
council and make everyone happy, residents, businesses, council, and the recovery community.
Please help give everyone that chance. Thank you!
From: Tamara Jimenez
Sent: Thursday, July 2, 2020 10:59 PM
To: Sandra Sagert <ssagert@anaheim.net>
Cc: Ted White <TedWhite@anaheim.net>; Leonie Mulvihill <lmulvihill@anaheim.net>
Subject: Proposed zoning Sober Living
Hi Sandra,
Was looking for direction on how to request additional time to review the 217 page document on
this item. Due to the complexity of the issue and the document itself, we definitely need more than
just a weekend to review. How can we request an extension from planning department before this is
submitted to commission?
Have a great day,
Tamara Jimenez
Community Relations Manager
Lighthouse
714-337-7851
CONFIDENTIALITY NOTICE:
This message is protected under the Federal regulations governing Confidentiality of Alcohol and
Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability
NEW CORRESPONDENCE
ITEM NO. 4
Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent
unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of
this information unless a written consent is obtained from the person to whom it pertains. The
Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or
drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message.
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.