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5944ORDINANCE NO. 5944 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS, AND CLARIFICATION OF CERTAIN TEXT. WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920 to amend Title 18 of the Anaheim Municipal Code in its entirety for the purpose of implementing the Land Use Element of the new General Plan, updating the land uses and development standards, modifying the Code format to make it easier to find land use and development information, and assuring that the Code complies with state statues and other applicable laws ("Zoning Code Amendment No. 2004-00029"); and WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code, provisions of Title 18 may be amended to enhance and preserve the general welfare when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, pursuant to subsection .020 of Section 18.76.030 of the Anaheim Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose of (1) correcting various errors and omissions that have been identified, and clarifying certain confusing text in various sections of the recently updated Zoning Code, (2) modifying the required parking standards for Attached Single -Family Dwellings (18.42.030 "Residential Parking Requirements"), and (3) making it unlawful to maintain any construction, alteration or addition to any building or structure that was done without the required building permit (18.90.110.030 "Building Permits"); and that City Staff has prepared the proposed amendments to Title 18 of the Anaheim Municipal Code designated as Zoning Code Amendment No. 2004-00034; and WHEREAS, the City Planning Commission, having reviewed the tent amendments initiated by the Planning Director, and having considered the evidence submitted in the Staff Report to the Planning Commission dated August 23, 2004 pertaining to the text amendments, did recommend, by motion, that the City Council approve Zoning Code Amendment No. 2004-00034; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA") on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330 and determined that said Final Environmental Impact ReportNo. 330 fully complies with CEQA, reflects the independent judgement of the City Council, and is adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004-00029 and for future discretionary actions described in Environmental Impact Report No. 330 including follow-up actions to correct or otherwise clarify the updated Zoning Code adopted in connection with Zoning Code Amendment No. 2004-00029; such as Zoning Code Amendment No. 2004-00034; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and WHEREAS, the City Council desires to amend Title 18 of the Anaheim Municipal Code to further implement the General Plan and to enhance and preserve the general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION I. That subsection .030 of Section 18.04.070 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Accessory Structures. Non -habitable accessory structures, including but not limited to, garages and garden and storage sheds, shall not exceed a height of one (1) story or twelve (12) feet, whichever is less. Habitable accessory structures, including but not limited to, accessory living quarters, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less, except that the height shall not exceed twelve (12) feet if such accessory structure encroaches into a required rear or side setback. This provision shall not apply to structures that are located outsideall the required setback areas and comply with the same provisions as the main dwelling." That subsection .060 of Section 18.04.160 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Application. The application for a conditional use permit shall be submitted on forms approved by the Planning Director." SECTION 3. That subsection .020 of Section 18.06.020 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 RM -2" Multiple -Family Residential Zone. The intent of the "RM -2" Zone is to provide an attractive, safe, and healthy environment with townhouses and other low-rise attached single-family dwellings with a minimum building site area per dwelling unit of three thousand (3,000) square feet. This zone implements the Low -Medium Density Residential and Low -Medium Hillside Density Residential land use designations in the General Plan." 2 SECTION 4. That subsection .030 of Section 18.06.060 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Accessory Structures. All accessory structures, including but not limited to, garden and storage sheds and recreation structures, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less." That Section 18.06.110 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.06.110 PARKING AND LOADING. Parking and loading requirements for multiple -family residential zones are set forth in Chapter 18.42 (Parking and Loading)." That subsection .030 of Section 18.06.160 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Modification of Other Standards. The minimum lot width asset forth in Table 6-E, minimum floor area as set forth in Table 6-G, maximum site coverage as set forth in Table 6-H, setbacks as set forth in Section 18.06.090, and minimum size of recreational -leisure areas as set forth in Table 64 may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses." SECTION 7. That Section 18.08.070 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.08.070 PARKING AND LOADING. Parking and loading requirements for commercial zones are set forth in Chapter 18.42 (Parking and Loading)." 3 SECTION 8. That Table 10-A (Primary Uses: Industrial Zone) in Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment A, which is incorporated herein by this reference. SECTION 9. That Section 18.10.070 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.10.070 PARKING AND LOADING. Parking and loading requirements for the Industrial zone are set forth in Chapter 18.42 (Parking and Loading)." E,TaW i cl)ml That Section 18.14.120 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.14.120 PARKING AND LOADING. Parking and loading requirements for public and special-purpose zones are set forth in Chapter 18.42 (Parking and Loading)." SECTION 11. That subsection .020 of Section 18.22.040 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Legal Nonconforming Use. A legally created use that was in existence as of the date this chapter was adopted (April 6, 1999) and that is prohibited by this chapter will not be subject to the provisions of Chapter 18.56 (Nonconformities), provided that such use has been continuously in operation since said date." SECTION 12. That paragraph .0205 of subsection .020 of Section 18.24.030 of Chapter 18.24 of Title IS of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0205 All applications submitted for projects that lie within the (SABC) Overlay Zone area and that also lie within the boundaries of the Commercial/Industrial 4 Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design." SECTION 13. That Section 18.28.050 of Chapter 18.28 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.2&050 SPECIFICALLY PROHIBITED USES. The following uses shall be prohibited in the Floodplain Overlay (FP) Zone: .010 Landfills, excavations, improvements, developments, or encroachments that would obstruct or create debris -catching obstacles to passage of a design flood, or cause a cumulative increase in the elevation of the design floodwater profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway or in any way impair the design flood conveyance capacity of the regulatory floodway or cause a potential hazard to life or property resulting from flood flows. .020 Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials. .030 All uses not specifically permitted by Section 18.28.040 (Permitted Uses) of this chapter." SECTION 14. That subsection .080 of Section 18.30.160 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 Impacts on Existing Buildings and Structures. Where there are existing buildings and structures on a site for which more intensive development is proposed, no building permit shall be issued until the Building Official and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation." SECTION 15. That Section 18.36.030 of Chapter 18.36 of Title 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 5 i "18.36.030 RESIDENTIAL PRIMARY USE CLASSES. The following Use Classes are intended to describe those residential uses that are the main use of the lot. .010 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 Dwellings—Single-Family Attached. This Use Class consists of one (1) dwelling unit, on a single lot, constructed with a common wall with one (1) or more single-family units located on other lots. This Use Class includes attached condominiums and attached single-family dwellings in other common interest developments as defined in Section 1351 of the California Civil Code, as it may amended from time to time. .030 Dwellings—Single-Family Detached. This Use Class consists of one (1) dwelling unit on a single lot, which dwelling is separated from any other dwelling unit. This Use Class includes detached condominiums and detached single-family dwellings in other common interest developments as defined in Section 1351 of the California Civil Code, as it may be amended from time to time. Manufactured homes certified under the National Mobile Home Construction and Safety Standards Act of 1974, which are installed on a permanent foundation approved by the City, are also included. .040 Mobile Home Parks. This Use Class consists of a site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile home spaces or lots each accommodate a mobile home for residential purposes. .050 Senior Citizen Housing. This Use Class consists of Senior Citizen Apartment Projects and Senior Citizen Housing Developments as defined in Chapter 18.92 (Definitions)." SECTION 16. That subsection .050 of Section 18.3 8.060 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Locational Standards. .0501 Wireless communication facilities shall be co -located where technologically feasible and visually beneficial. Facilities that are not proposed to be 6 co -located shall provide a written explanation why the facility is not a candidate for co -location. .0502 Where determined to be technically feasible and appropriate, unutilized space should be made available for co -location of other wireless communication facilities, including space for entities providing similar, competing services. Co -location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off-line for a significant period of time. .0503 Front or street setback. No wireless communication facility shall be constructed or placed in any street setback in any zone except as may be specifically allowed by the regulations of that zone. .0504 Interior setback. All portions of any antenna structure and associated equipment shall be located a minimum of five (5) feet from any interior property line unless otherwise specifically allowed by the regulations of the zone. .0505 In multiple -family residential zones, no wireless communication facility shall be installed on the roof of a building except as specifically provided in subsections 18.38.060.040 and 18.38.060.060 pertaining to building -mounted wireless communication facilities. .0506 A ground -mounted wireless communication facility shall not be located in a required parking area, vehicle maneuvering area, or vehicle/pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility or intended function of such area." SECTION 17. That Section 18.38.105 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "1838.105 CONTRACTOR'S OFFICE & STORAGE. The provisions of this section apply to temporary uses classified as Contractor's Office & Storage in Section 18.36.060 (Temporary Use Classes). .010 Location and Duration. Not permitted in the front or street setback. The maximum time this use may exist on a lot shall be one (1) year. Extensions may be granted in one (1) year increments if it is demonstrated that the trailer is not detrimental to the community. 7 .020 Approval. The Planning Director shall have the authority to approve temporary contractor's office and storage trailers and extensions of time for such trailers provided plans for permanent construction have been submitted to the Building Division or construction is underway." iP • # That subsection .020 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Dedication of Right -of -Way. The right-of-way for all streets, highways, sewers, storm drains, alleys and trails which abut or cross the subject property shall be dedicated to the full width required by the City Engineer in accordance with the Circulation Element of the General Plan and any applicable Specific Plan, and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer; provided, however, that no dedication shall be required to widen an arterial highway to the additional width required to meet the Standard Detail No. 164-A for Supplemental Lanes Intersection Layout, as it may be revised from time to time. Required setbacks shall be measured from the ultimate right-of-way shown on the Circulation Element of the General Plan and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer, including the Standard Detail No. 164-A for Supplemental Lanes Intersection Layout." SECTION 19. That paragraph .0303 of subsection .030 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0303 Supplemental Lanes Intersection Layout. In the case of properties abutting all or any portion of an intersection designated on the Circulation Element of the Anaheim General Plan as a supplemental lanes, as set forth in Standard Detail No. 164-A for Supplemental Lanes Intersection Layout, as it may be revised from time to time, compliance with the obligation imposed by subsection .0302.02 above shall be met by installation of all required improvements, or payment of a sum of money in an amount determined by the City Engineer to be sufficient to pay for all required improvements, except those improvements of costs related directly to improvements for the Supplemental Lanes Intersection Layout which are in excess of standards otherwise applicable to the street or highway being improved. Funds paid pursuant to this subsection shall be treated the same as those paid under subsection .03 02.02 above." 8 ft ww R That Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.42.030 RESIDENTIAL PARKING REQUIREMENTS. .010 General. Residential off-street parking requirements for automobiles and similar vehicles shall be regulated by the type of use (Use Class) associated with the property. This section specifies the number of parking spaces for each residential use, regardless of the zoning district in which the use is located. .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) 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. A studio unit is a dwelling unit without a bedroom. .0103 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. .0104 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to Standard Detail No. 470 (Minimum Off -Street Parking Dimensions), as it may be revised from time to time. .0105 Garages or covered spaces shall be arranged such that parking in front of the garage or covered space shall not block access to another garage or covered space. .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the City Traffic and Transportation Manager. .020 Dwellings—Multiple Family. 6 .0201 The minimum required number of off-street parking spaces for Multiple -Family Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms I Minimum Number of Parking Spaces per Unit Studio unit �.T= KI Z TO 3 or more bedrooms 1.25 2.0 2.25 3.0 (plus 0.5 space for each bedroom over 3 .0202 Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit. .0204 Required parking spaces for residents and tenants in Multiple - Family Residential projects shall be readily accessible and no fee shall be assessed for their use. One parking space may be assigned to each specific dwelling unit. The balance of the parking spaces for residents and tenants shall not be assigned to specific dwelling units. .0205 Tandem parking spaces shall not be permitted for Multiple -Family Dwellings. .0206 Parking spaces in private garages, as defined in Section 18.92. 100 ("G" Words, Terms and Phrases), shall not be permitted for Multiple -Family Dwellings. .0207 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties and from living or recreational -leisure areas to a height of twenty four (24) inches with the exception of line -of -sight requirements as shown on Standard Detail No. 115-A 10 (Arterial Highway and Commercial Driveway Approach), as it may be revised from time to time. .0208 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .030 Dwellings — Single -Family Attached. The required parking spaces for Attached Single -Family Dwellings shall comply with either subsection .0301 or .0302, below. .0301 The minimum number, location and design of parking spaces shall be the same as specified for Dwellings — Multiple Family in subsection 18.42.030.020; provided that private garages may be permitted for Attached Single - Family Dwellings in a condominium or other common interest development, as defined in Section 1351 of the California Civil Code, subject to all the following criteria: .01 Each private garage shall be attached to and a portion of the Attached Single -Family dwelling. .02 Each private garage shall contain a maximum of two (2) parking spaces. The other required parking spaces including the guest space shall comply with subsection 18.42.030.020. .03 No tandem parking shall be permitted in front of a private garage and the required setback between the garage door and the nearest edge of the contiguous sidewalk, street or vehicle access way, whichever is closest, shall be five (5) feet; except that tandem parking may be permitted when in excess of the minimum required number of parking spaces and when located in front of a private garage. .0302 The minimum number, location and design of parking spaces shall be the same as specified for Dwellings — Single -Family Detached in Section 18.42.040. .040 Dwellings — Single -Family Detached. The minimum required number of off-street, on-site parking spaces foiSingle-Family Detached Dwellingshall be based on the total number of bedrooms as follows: 11 Total Number of Bedrooms I Minimum Number of Spaces per Dwelling 6 or fewer bedrooms 7 or more bedrooms 4 (2 in a garage) 4 (2 in a garage) plus 1 additional space per bedroom over 6 bedrooms .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one (1) open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage are eight (8) feet wide and twenty five (25) feet long where located in tandem to parking spaces enclosed with a tilt -up garage door and eight (8) feet wide and twenty (20) feet long where located in tandem to parking spaces enclosed with a roll -up garage door, measured from the garage door to the nearest edge of the property line, pedestrian walkway, street, or vehicle accessway, whichever is the lesser distance. .0402 Parking spaces located in tandem to a garage may be permitted to encroach into the required front or other street setback. All other spaces shall be located outside the required front or street setback, and shall be provided and maintained in an accessible location on the lot as approved by the Planning Director and illustrated in Detail No. P-1 "Permitted Open Parking Spaces and Driveways for Single -Family Residences." 050 Mobile Home Parks. .0501 The minimum required number of off street parking spaces for each mobile home in Mobile Home Parks shall be two (2) spaces (which may be tandem) on-site and adjacent to the mobile home, plus one (1) guest space for every four (4) mobile homes. .0502 Guest parking shall be located within two hundred (200) feet of each mobile home served and may be provided along any private street that is designed and improved in compliance with Standard Detail No. 162 (Private Street Sections), as it may be revised from time to time, and that serves the interior circulation of a mobile home park. .060 Senior Citizen Housing. .0601 The minimum required number of off-street parking spaces for senior citizen housing shall be one (1) parking space for each studio unit and one - bedroom unit, and two (2) parking spaces for each two-bedroom unit. 12 .0602 All parking spaces shall be located so as to minimize walking distance between the living area and the parking facility. .0603 Parking spaces may be covered or open and shall be unassigned and equally available to all residents, guests and employees. .0604 Tandem spaces shall not be permitted. .070 Second Residential Units. .0701 Second Units, as defined in paragraph .0205 of subsection 18.38.230.020, in conformance with the criteria and standards of Section 18.38.230 (Second Units): one (1) off-street parking space for each efficiency unit or one - bedroom unit; and two (2) off-street parking spaces for each two-bedroom unit. Required parking spaces for Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. .0702 Senior Second Units (granny units) for which a conditional use permit is approved as authorized by Section 65852.1 of the California Government Code: one (1) off-street parking space for each unit. Required parking spaces for Senior Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit." That subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Requirement for Conditional Use Permit. The following signs require a conditional use permit: .0101 Marquee or electronic reader -board signs for an amusement facility, theater, lodging facility, school, automobile dealership (which automobile dealership is the major tenant of a minimum three (3) acre site), or use identified as Community and Religious Assembly as set forth in subsection .030 ("C" Use Classes) of Section 18.36.040 (Non -Residential Primary Use Classes), subject to the limitations of Sections 18.44.080 and 18.44.090. .0102 Regional guide signs. .0103 Freeway -oriented signs, subject to the procedures and standards set forth in Section 18.44.100. 13 .0104 Billboards, subject to the standards set forth in Section 18.44.230 through Section 18.44.260 inclusive. .0105 Murals visible from public right-of-ways. .0106 Off-site signs for regional shopping centers. No more than one (1) free-standing sign per regional shopping center, no greater than one hundred twenty five (125) square feet in sign area and no higher than fifteen (15) feet, may be located off-site where allowed by conditional use permit." SECTION 22. That the first paragraph in Section 18.44.090 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.44.090 FREESTANDING AND MONUMENT SIGNS IN NON- RESIDENTIAL ZONES. In addition to Section 18.44.080, the following standards shall apply to the development of freestanding and monument -type signs permitted in commercial, industrial, and mixed use zones within the City. " That subsection .040 of Section 18.44.150 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 Compliance with Uniform Codes and Other Regulations. All signs erected, installed, located or maintained in the City shall comply with all structural provisions of the most recently adopted Uniform Building Code, National Electrical Code, and all other applicable laws and regulations." "kKeJa �! That subsection .010 of Section 18.44.2 10 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Window Signs. Temporary window signs may be placed in or upon any window of any structure used for commercial or industrial purposes, provided the total window signage meets the requirement of subsection 18.44.110.070." 14 6TftftIRnI That subsection .030 of Section 18.44.210 of Chapter 18.44 ofTitle 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Political Signs. In addition to any other provision of this title, political signs shall be permitted on private property in any zone provided: .0301 Such signs comply with the minimum sight distance requirements set forth in subsection 18.44.080.080; .0302 Such signs comply with the provisions of Section 4.04.130 (Prohibition of Signs in Public Right -of -Way) of this Code; and .0303 Any structure to which such political signs are attached shall comply with all applicable provisions of Title 15 (Buildings and Housing) of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political sign that has a surface area of thirty-two (32) square feet or less and is removed within one hundred and twenty (120) days of its erection or placement or within thirty (30) days after the election to which the sign relates." SECTION 26. That subsection .020 of Section 18.56.040 of Chapter 18.56 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Non -Residential Structures. A legally nonconforming non-residential structure may be continued and expanded as follows: .0201 Buildings with nonconforming setbacks and/or height may be expanded provided the expansion complies with the provisions of this title, and does not intensify existing non -conformities. .0202 Buildings with nonconforming floor area ratio (FAR) and/or lot coverage shall not be expanded." SECTION 27. That subsection .050 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 15 .050 Notification and Hearing. Appeals shall be subject to the same notification and hearing requirements as the action being appealed, except that the date of the public hearing before the City Council shall not exceed sixty (60) days following receipt of the written appeal or the election of the City Council to review any action of the Planning Commission or Zoning Administrator." That Chapter 18.80 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Sections: 18.80.010 Purpose. 18.80.020 Schedule of fees. 18.80.030 Adoption of fees and deposits. 18.80.040 Effect of fees. 18.80.050 City -initiated actions. 18.80.010 PURPOSE. The purpose of this chapter is to establish provisions for payment of fees, including any required deposits, for all applications submitted pursuant to this title. 18.80.020 SCHEDULE OF FEES. The fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the City Council. 18.80.030 ADOPTION OF FEES AND DEPOSITS. Prior to approving and adopting any new fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title, or prior to approving increases to existing processing or appeal fees, the City Council shall hold a public hearing, as part of a regularly scheduled meeting, in accordance with applicable state law. 18.80.04+0 EFFECT OF FEES. Fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full, except as otherwise specifically permitted, before any application or appeal will be accepted for filing and shall be payable to the City of Anaheim. Once submitted, fees shall not be 16 refunded except as otherwise authorized by Chapter 18.60 (Procedures); provided, however, that the amount of any deposit that exceeds all accumulated costs at the time of the final action on the subject petition or application shall be refunded to the applicant. 18.80.030 CITY -INITIATED ACTIONS. Fees for processing applications are not required for applications or appeals filed by any governmental agency, members of the City Council, any City commission or advisory board, or any department or division of the City." SECTION 29, That Table 90-A in Section 18.90. 100 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment B, which is incorporated herein by this reference. SECTION 30. That subsection .030 of Section 18.90.110 of Chapter 19.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Building Permits. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the zones described in this title, a permit for each separate building and/or structure shall be secured from the Building Official of the City of Anaheim by the owner or the owner's agent for the work. It shall be unlawful to commence work until and unless these permits have been obtained, or to maintain any construction, alteration or addition to any building or structure which was done without a permit. Any buildings erected, constructed, altered or to which additions are made shall comply with all of the provisions of the Uniform Building Code of the City of Anaheim." Thatthe Graphic illustrating the definition of "Height, Structural" in Section 18.92.110 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment C, which is incorporated herein by this reference.. SECTION 32. That subsection .070 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 17 ".070 Approval of Signs. A detailed sign program for each project within the Specific Plan Area shall be submitted to the Planning Director and the Executive Director of Community Development for their review and approval prior to the issuance of a certificate of occupancy. The sign program shall be in substantial conformance with the provisions of Chapter 18.44 (Signs) and that portion of Chapter 7 (Zoning and Development Standards) of the East Center Street Development Specific Plan document which is titled Signs (collectively the "Sign Guidelines"). If the Planning Director and the Executive Director of Community Development determine that the sign program is in substantial conformance with the Sign Guidelines, the sign program shall be approved by the Planning Director and the Executive Director of Community Development. If either the Planning Director or the Executive Director of Community Development determines that the sign program is not in substantial compliance with the Sign Guidelines, the sign program shall be disapproved and such decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If such decision is appealed, the sign program shall be reviewed by the Planning Commission at a duly noticed hearing for substantial compliance with the Sign Guidelines. Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for variances and conditional use permits in this Code. If the sign program is found to be in substantial compliance with the Sign Guidelines, the Planning Commission shall approve the sign program. The decision of the Planning Commission shall be final unless appealed to the City Council within ten (10) days from the date of such decision." That subsection .140 of Section 18.114.030 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".140 "U" Words, Terms and Phrases. .1401 Ultimate Planned Right -of -Way. The right-of-way designated in the Circulation Element of the Anaheim General Plan as further described in Section 4.0 (Public Facilities Plan) of the Specific Pian document. Required setbacks shall be measured from the ultimate planned right-of-way shown on the General Plan including, where applicable to the property, any Supplemental Lanes in conformance with Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time." SECTLUN 34. That subsection .080 of Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18 ".080 "U" Words, Terms And Phrases. .0801 Ultimate Planned Right -0f --Way. The right-of-way designated in the Circulation Element of the Anaheim General Plan as further described in Sections 4.0 (Public Facilities Plan) and 5.0 (Design Plan), of the Anaheim Resort Specific Plan document. Required setbacks shall be measured from the ultimate planned right- of-way shown on the General Plan, including, where applicable to the property, any Supplemental Lanes in conformance with Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time." SECTION 35. That subsection .130 of Section 18.118.030 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 "U" Words Terms and Phrases. .1301 Ultimate Planned Right -of -Way. The right-of-way designated in the Circulation Element of the Anaheim General Plan. Required setbacks shall be measured from the ultimate planned right-of-way shown on the General Plan including, where applicable to the property, any Supplemental Lanes in conformance with Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time." SECTION 36. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 37. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 19 SECTION 38. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shell be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code -Penalty) of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 14th day of September , 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 28th day of September , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Pringle, Council Members McCracken, Chavez, Hernandez None None Council Member Tait CITY OF IM :9 By 1117 MAYOR OF THE CI OF ANAHEIM # 5 5 560/mgordon/09/20/04 20 ATTACHMENT A Table 10-A PRIMARY USES: INDUSTRIAL ZONE in Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited Business & Financial Services I Special Provisions Residential Classes of Uses Dance & Fitness Studios—Large C Mobile Home Parks C Day Care Centers Non -Residential Classes of Uses Drive -Through Facilities C Agricultural Crops P Educational Institutions—General Alcoholic Beverage Sales—Off-Sale C C Conditional use permit not required if eempleted conducted Alcoholic Beverage Sales—On-Sale C Equipment Rental—Small Ambulance Services P Animal Boarding C Animal Grooming C Antennas—Broadcasting C Antennas—Telecommunications C Subject to §18.38.060 Automotive—Car Sales & Rentals C Subject to §18.38.200 Automotive—impound Yards C Subject to §18.38.200 Automotive—Public Parking C Automotive -Parts Sales C Automotive—Repair and Modification C Automotive—Service Stations C Subject to §18.38.070 Automotive—Washing C Bars & Nightclubs C Billboards C Subject to Chapter 18.44 Boat & RV Sales C Subject to §18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to § l 8.38.190 and § 18.3 8.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios—Large C Dance & Fitness Studios—Small C Day Care Centers C Drive -Through Facilities C Educational Institutions—Business C Educational Institutions—General C Equipment Rental—Large C Conditional use permit not required if eempleted conducted entireiv indoors Equipment Rental—Small P Part 1 0 _ Table l0 -A P Permitted by Right PRIMARY USES:- INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited conditional use permit Public Services P Recreation—Bowling & Billiards C Recreation --Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation—Commercial Outdoor Recreation—Low-Impact Recreation—Swimming & Tennis Recycling Services—Consumer Recycling Services—General Recycling Services—Processing Repair Services—General Repair Services—Limited Research & Development Restaurants—Drive-Through Restaurants—General Restaurants—Semi-Enclosed Restaurants—Walk-Up Retail Sales --General Retail Sales—Outdoor C P C P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval C Subject to Chapter 18.48 C Subject to Chapter 18.48 P C P C Subject to 518.38.220 C Fast -Food and Take -Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to § 18.3 8.220 C Subject to §18.38.220 C C Industrially related only C Subject to §18.38.190 and §18.38.200 Paat 2 o I Special Provisions Helipads & Heliports C Hospitals C Hotels & Motels C Industry—Limited P Industry—General C Junkyards C Subject to § 18.3 8.200 Mortuaries C Offices—Development P Offices—General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.3 8.180 Outdoor Storage Yards C Subject to § 18.3 8.200 Personal Services—General C Personal Services—Restricted C Plant Nurseries P Subject to § 18.38.190 and § 18.38.200; Retail only requires a conditional use permit Public Services P Recreation—Bowling & Billiards C Recreation --Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation—Commercial Outdoor Recreation—Low-Impact Recreation—Swimming & Tennis Recycling Services—Consumer Recycling Services—General Recycling Services—Processing Repair Services—General Repair Services—Limited Research & Development Restaurants—Drive-Through Restaurants—General Restaurants—Semi-Enclosed Restaurants—Walk-Up Retail Sales --General Retail Sales—Outdoor C P C P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval C Subject to Chapter 18.48 C Subject to Chapter 18.48 P C P C Subject to 518.38.220 C Fast -Food and Take -Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to § 18.3 8.220 C Subject to §18.38.220 C C Industrially related only C Subject to §18.38.190 and §18.38.200 Paat 2 o Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited 8-18-04 F:\asantal\Table ]0-A amended.doc Paul ', o1 I Special Provisions Self Storage C Subject to Planning Commission Policy Sex -Oriented Businesses P Subject to Chapter 18.54 Studios—Broadcasting P Studios—R=rding P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to § 18.3 9.200 Utilities—Major C Utilities—Minor P Veterinary Services C Warehousing & Storage—Enclosed P Wholesaling P 8-18-04 F:\asantal\Table ]0-A amended.doc Paul ', o1 ATTACHMENT B Table 90-A ZONE CORRESPONDENCE in Section 18.90. 100 (Former Zones) of Chapter 18.90 (General Provisions) Table 90-A ZONE CORRESPONDENCE Sln¢ie-Family Residential Zones Former Zone Incorporated into I Zone MH Hes Industrial Public and Special Purpose Zones Current Planned Community Zone Former Zoning Code RB -1 Single -Family Hillside Residential RS -HS -03,000 i Residential, Single -Family Hillside RH-2 SiAgle-Farnfly Hillside Residential RS -HS -22,000 Residential, Single-family Hillside RH-3 S' e -Family Hillside Residential RS -HS -10,000 Residential, Single -Family Hillside RS -1 Single -Family, Residential RS -10'000 Residential Single—Family RS -2 Sle-Family,Residential RS -7200 Residential Single -Family RS -3 SinWe-Family, Residential RS -3000 Residential, Si a-Famil RS -4 S' 'e-Famil ,Residential No Corresponding Former Zone Former Zone Incorporated into CG Zone Multiple—Family Residential Zones C -NC Current Parking/Landscape District — Manufacturing Former Zoning Code RM -1 Multiple- Family,Residential No Corresponding Former Zone RM -2 Multiple- Family, Residential RM -3000 Residential Multiple -Family RM -3 Multiple-Famil Residential RM -2400 Residential, Multiple -Family RM -4 I Multiple- Family,Residential RM -1200 Residential, Multiple -Family RM -4 I Multiple- Family, Residential RM -1000 Residential, Multiple -Family Former Zone Incorporated into I Zone MH Hes Industrial Public and Special Purpose Zones - Residential Planned Community Zone Zoning Code Current I Former Zoning Code Open Space No Replacement Zone for Former Zone I PC Planned Community 1 Public Recreational Commercial Zones Semi -Public No Corresponding Former Zone Current Transition Former Zonwff Code C -G General Commercial CL Commercial, Limited Current Former Zone In orated into CG Zone CG Commercial, General i Multiple- Family, Residential Former Zone Incorporated into CG Zone CH Commercial, Heavy Transition Former Zone Incorporated into CG Zone CL -HS , Commercial, Limited — Hillside C -NC Neighborbood Center Commercial Parking/Landscape District — Manufacturing No Corresponding Former Zone C-R Regional Commercial No Corresponding Former Zone 0-L Low Intensity Office CO Commercial, Office and Professional 0-H High Intensity Office No Conwponding Former Zone Industrial Zones Current Former Zoxft Code 1 Industrial ML Limited Industrial Former Zone Incorporated into I Zone MH Hes Industrial Public and Special Purpose Zones page 1 o-� Current IFormer Zoning Code OS ! Open Space I OS Open Space PR Public Recreational PR _ 1 Public Recreational SP Semi -Public No Corresponding Former Zone T Transition RS -A431000 ; Residential/Agricultural Parkin /Commercial and Parkin /industrial Zones Current Former Zoning Code _ RM -3 i Multiple- Family, Residential I PD-C/RM- 2400 Parking District — Commercial/Multiple-Family Residential T Transition PD -C Parking District — Commercial No Replacement Zone for Former Zone PLD -M ! Parking/Landscape District — Manufacturing page 1 o-� Table 90-A ZONE CORRESPONDENCE OverlyV Zones Current Former Zoning Corte SE Sports Entertainment Overly (SE) Sorts Entertainment Overlay (BCC) Brookhurst Commercial Corridor Overlay (BCC) Brookhurst Commercial Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay No Replacement Zone for Former Zone Sub'to 18.38.180 (Oil Production) (0) Oil Production Overlay SC Scenic Corridor Overlay (SC Scenic Corridor Overlay FP Floodplain Overla ; (FP) Flood lain Overly (MHP) Mobile Home Park Overlay (MHP) Mobilehome Park Overly (D Downtown Mixed -Use Overla (DMU) Downtown Mixed -Use Overlay (MU) I Mixed Use Overlay I No Corresponding Former Zone Specific Plan Zones The names of the specific plan zones did not change — the chanter numbers chanced as indirsted 8-18-04 F:lasantal\Table 90-A amended.doc PaL,e _ o Title Current Former Specific Plan No. 87-I a Hi lands 18.100 18.70 Specific Plan No. 88-1 (Sycamore Canyon) 18.102 18.71 S eci Plan No. 88-2 (Summit) 18.104 8.72S 18.72— iic. Plan No. 88-3 Specific PacifiCenter 18.106 18.73 S ecift Plan No. 90-1 (Festival) 18.108 18.74 Spec* Plan No. 90-2 (East Center Street Development) 18.110 18.75 Specific Plan No. 90-4 Mountain Park 18.112 18.76 Specific Plan No. 90-3 (Cypress Canyon) Rescinded 18.77 Specific Plan No. 92-1 (Disneyland Resort) 18.114 18.78 Specific Plan No. 92-2 (Anaheim Resort) 118.1 l6 18.48 Specific Plan No. 93-1 (Hotel Circle) 18. l 18 - 18.79 Specific Plan No. 94-1 (Northeast Area) 18.120 18.110 8-18-04 F:lasantal\Table 90-A amended.doc PaL,e _ o ATTACHMENT C Graphic labeled "18.92.1 10 (Height, Structural)" in Chapter 18.92 (Definitions) Anaheim Zoning Code 18.92.110 (Height, Structural) Highest point of structure. excluding any authorized projections Definitions 24-011 Height or less • - –�—Finished Floor Finished Grade Height Highest point of structure excluding any authorized projections Great, than 2'-0" Greater Height • than 2,_0„ • �-Finished Floor OT% OT -- Finished Grade �--- Highest point of structure excluding V ons - Finished Grade Finished Floor AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 7, 2004 " i certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct" Executed at Santa Ana, Orange County, California, on Date: October 7, 2004 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This s1pte is for the County Clerk's Filing Stamp Proof of Publication of s �pue�ow _ OFA A ICE NO. S044 AN OPMANCE of TW WY To, Ano of - This ordh we --rode TWe fa of ft Analwin MunW* Code, pmy, • ONO 1104 MW EVE,a F� O�vrIIN. � Ai did —� Sedfonr 10AL ®, /H."l M 1 ,44.1W AND of a fK �e.+4 , > x an► 18.Si �IanwaNsnMYI� ikYoq 1 t or so ). CMpirr fii as (F..d aiw .bM 0 N.1a0 atlrhs of Mrd oirnfi- npl8raibrn�tl� �« wire oWW �tAgrd Md 4Mr�d v added *, fwlld do- tton of Plan MD. - Nr� M- �t►irror., agar rw - owrdriflllt. , ta�'a �Obtof � M+witof:' sY nn oWl�of the AYES: =�Counc l Mwv6ws: Mc.Cradan, NOES: idri» ' CawnCd#brt�rT�It AAY: nanr TFwalwi5a - be d ��«y rsftd an a�� hr dw iadLft -&qR41 fri tM� Otte aHIMMhti+ Oft Ahl OdDIW 7. ft" 25-M ees777s