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5673ORDINANCE NO. 5673 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 AND ADDING CHAPTER 18.50 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (ANAHEIM STADIUM SPORTS ENTERTAINMENT OVERLAY). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.01.020 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add thereto a definition of "Anaheim Stadium Area" to read as follows: "'Anaheim Stadium Area.' The Anaheim Stadium Area means the approximately 807 -acre area of the City bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Co. easement on the north, as depicted on the map labeled "Sports Entertainment Overlay Area with Districts" in Section 2 'Project Description' of the Anaheim Stadium Area Master Land Use Plan, on file in the Planning Department." SECTION 2. That Section 18.04.040 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: - 1118.04.040 STRUCTURAL SETBACKS AND YARDS — GENERAL. .010 Except as hereinafter provided every required front, side or rear yard shall be open and unobstructed from the ground to the sky; no yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. .020 Setbacks Adjacent to Freeway Right-of-way. Any building wall containing any window, door, or other opening therein, shall be located not less than ten (10) feet from any freeway right-of-way line, or such greater distance as may be required pursuant to any other provision of this Code. .030 Orange Freeway (State Route 57). Setbacks adjacent to the Orange Freeway (State Route 57) south from the Southern California Edison Co. easement to the south city limits, including any freeway transition road and on- ramp or off -ramp, shall be not less than twenty five (25) feet, fully landscaped." SECTION 3. That the introductory paragraph and subsection .010 (including paragraphs .011 through .017) of Section 18.04.045 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.04.045 REQUIRED SETBACKS IN SPECIAL AREAS. Every building, building site or an addition equal to twenty five percent (25%) or more of the gross area of an existing building or building site completed after the effective date of Section 18.04.045 or, with regard to amendments thereto, the effective date of said amendment, fronting on the following named streets within the limits defined, shall have an open setback area extending for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right-of-way line as designated on the circulation element of the General Plan and shall be of such depth and landscaped as indicated below: 010 Setback Depths: .0105 Anaheim Way, a setback of not less than twenty (20) feet, fully landscaped. .0110 Cerritos Avenue west from Douglass Road to the Southern California Edison Co. easement, a setback of not less than twenty (20) feet, fully landscaped. .0115 Douglass Road south from Cerritos Avenue to Katella Avenue, a setback of not less than twenty (20) feet, fully landscaped. .0120 Gene Autry Way west from State College Boulevard to the Santa Ana Freeway (Interstate 5), a setback of not less than twenty (20) feet, fully landscaped. .0125 Howell Avenue west from Katella Avenue to State College Boulevard, a setback of not less than twenty (20) feet, fully landscaped. 05 .0130 Katella Avenue west from the east city limits to the Santa Ana Freeway (Interstate 5), a setback of not less than twenty (20) feet, fully landscaped. .0135 Lewis Street south from the Southern California Edison Co. easement to Anaheim way, a setback of not less than twenty (20) feet, fully landscaped. .0140 Lincoln Avenue west from the Santa Ana Freeway (Interstate 5) to the west city limits, a setback of not less than thirty five (35) feet. .0145 Orangewood Avenue west from the east city limits to the Santa Ana Freeway (Interstate 5), a setback of not less than twenty (20) feet, fully landscaped; provided that where the underlying zone is "PR" Public Recreation, the minimum depth shall be seven and one-half (7%) feet. .0150 State College Boulevard south from the Southern California Edison Co. easement to the south city limits, a setback of not less than twenty (20) feet, fully landscaped; provided that where the underlying zone is "PR" Public Recreation, the minimum depth shall be fifteen (15) feet." SECTION 3. That Section 18.21.063 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to revise the introductory paragraph to read as follows: 1118.21.063 STRUCTURAL SETBACK AND YARD REQUIREMENTS. Except as provided for in special areas of the City, as described in Section 18.04.045, 'Required Setbacks in Special Areas,' and other exceptions as provided in Section 18.04.042, 'Structural Setbacks and Yards — General,' and subject to all limitations and conditions provided in said sections, the following provisions shall apply for each lot or parcel located within this zone:" SECTION 4. That Section 18.21.067 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 3 1118.21.067 SIGN REGULATIONS — ADVERTISING AND IDENTIFICATION. The following signs as defined in Chapter 18.05 of this title shall be permitted in this zone subject to the limitations and conditions prescribed therein, except as otherwise specified in subsection 18.21.067.070 herein: .010 Nameplates, as provided in Section 18.05.080.010; .020 'For Sale,' 'For Rent' or 'For Lease' signs, as provided in Section 18.05.080.020; .030 Identification Signs, as provided in Section 18.05.080.030; 040 (Repealed) .050 Special signs required or permitted by law, including, but not limited to public utility signs, political campaign signs and guide signs not designed to be viewed from public streets. All such signs shall comply with the provisions of Section 18.05.060 of this title. .070 Where located in the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, any signs or billboards installed or erected in this zone shall comply with the provisions of Section 18.50.170 "SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION" of the Sports Entertainment Overlay (SE) Zone." SECTION S. That Section 18.41.067 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.41.067 SIGN REGULATIONS — ADVERTISING AND IDENTIFICATION. Signs in the Commercial Office Zone are intended to provide for the identification of office centers and their individual tenants. The absence of walk-in trade as a major element in the conduct of this type of business is recognized by limiting said signs to the identification of the center and its tenants only. Signs permitted in this zone shall be in compliance with the provisions of Chapter 18.05 "OUTDOOR ADVERTISING - SIGNS AND BILLBOARDS" and the following provisions, except as otherwise specified in subsection 18.41.067.050 herein: rR1 .010 Continuation of nonconforming signs shall be only subject to requirements specified in Section 18.05.050 "NONCONFORMING SIGNS AND BILLBOARDS — GENERAL." .020 Special type signs, including but not limited to, public utility signs and signs required or permitted by law, guide signs and political campaign signs, in compliance with Section 18.05.060 "REGULATION OF SPECIAL TYPES OF SIGNS — GENERAL." .030 Commercial signs on residential structures in compliance with Section 18.05.065. 040 (Repealed) .050 Where located in the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, any signs or billboards installed or erected in this zone shall comply with the provisions of Section 18.50.170 "SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION" of the Sports Entertainment Overlay (SE) Zone." SECTION 6. That Section 18.44.067 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.44.067 SIGN REGULATIONS — ADVERTISING AND IDENTIFICATION. Any signs or billboards installed or erected in this zone shall comply with the provisions of Chapter 18.05 "OUTDOOR ADVERTISING — SIGNS AND BILLBOARDS" or, where located in the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, with the provisions of Section 18.50.170 "SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION" of the Sports Entertainment Overlay (SE) Zone." SECTION 7. That Section 18.46.067 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.46.067 SIGN REGULATIONS — ADVERTISING AND IDENTIFICATION. Any signs or billboards installed or erected in this zone shall comply with the provisions of Chapter 18.05 "OUTDOOR ADVERTISING — SIGNS AND BILLBOARDS" or, where located in the 5 Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, with the provisions of Section 18.50.170 "SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION" of the Sports Entertainment Overlay (SE) Zone." SECTION 8. That new Chapter 18.50 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "Chapter 18.50 SPORTS ENTERTAINMENT OVERLAY (SE) ZONE Sections: 18.50.010 DESCRIPTION AND PURPOSE. 18.50.020 DEFINITIONS. 18.50.030 GENERAL PROVISIONS. 18.50.040 IMPLEMENTATION. 18.50.050 FINAL PLAN REVIEW AND APPROVAL. 18.50.060 PERMITTED PRIMARY USES AND STRUCTURES. 18.50.070 PERMITTED ACCESSORY USES AND STRUCTURES. 18.50.080 PERMITTED TEMPORARY USES AND STRUCTURES. 18.50.090 CONDITIONAL USES AND STRUCTURES. 18.50.091 REQUIRED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMITS. 18.50.100 PROHIBITED USES AND STRUCTURES. 18.50.110 DEVELOPMENT DISTRICTS. 18.50.120 SPECIAL REQUIREMENTS FOR THE KATELLA CORRIDOR DISTRICT. 18.50.130 SITE DEVELOPMENT STANDARDS. 18.50.140 DESIGN GUIDELINES FOR THE SPORTS ENTERTAINMENT OVERLAY ZONE. 18.50.150 REQUIRED LANDSCAPING. 18.50.160 OFF-STREET PARKING AND LOADING REQUIREMENTS. 18.50.170 SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION. 18.50.180 APPLICATION FEES. 18.50.190 DEDICATION AND IMPROVEMENTS. 18.50.200 PENALTIES FOR VIOLATIONS. 18.50.210 APPLICATION TO INCREASE FLOOR AREA RATIO. 18.50.220 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. 18.50.230 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR PROPERTY. C. 18.50.010 DESCRIPTION AND PURPOSE. .010 The Sports Entertainment Overlay (SE) Zone is intended to apply to the approximately 807 -acre Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, which includes the Edison International Field of Anaheim and the Arrowhead Pond of Anaheim. The objectives of the (SE) Overlay Zone are to: create a unique, integrated, sports entertainment urban attraction; create a visual link to the Anaheim Resort; provide policy and regulatory tools to guide development; stimulate development interest and create economic development opportunities. The (SE) Overlay Zone is not intended to provide for the conversion, reuse or remodeling of existing industrial buildings or other buildings not developed in accordance with the standards of the (SE) Overlay Zone. Property in the Anaheim Stadium Area is eligible for reclassification into the (SE) Overlay Zone upon application of the property owner, as set forth in this chapter. Inclusion in the (SE) Overlay Zone will provide the benefit of enhanced economic opportunities resulting from expanded land uses with greater development intensities. The (SE) Overlay Zone combines with any underlying zone within the Anaheim Stadium Area. The regulations contained in this chapter shall apply in addition to, and where inconsistent with shall supersede, any regulation of such underlying zone. .020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely under the underlying zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as specifically approved otherwise in conjunction with a conditional use permit, variance or administrative adjustment permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'ZONING PROCEDURES - AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' and Chapter 18.12 'ZONING ADMINISTRATOR' of this Code; and .0202 The minimum structural setbacks and yards adjacent to the following arterial highways and freeways shall be in compliance with the provisions of subsection 18.50.130.020 'Structural Setback and Yard Requirements' of this chapter: (a) Anaheim Way (b) Cerritos Avenue (c) Douglass Road 7 (d) Gene Autry Way (e) Howell Avenue (f) Katella Avenue (g) Lewis Street (h) Orange Freeway (State Route 57) (i) Orangewood Avenue (j) State College Boulevard; and .0203 All required structural setbacks and yards adjacent to public streets and arterial highways shall be landscaped and permanently maintained with lawn, ground cover, shrubs and trees as specified in subsection 18.50.150.010 'Setback Landscaping' of this chapter and as specified in the "Plant Palette" and the Design Guidelines for the Sports Entertainment (SE) Overlay Zone; and .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.50.170 "SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION" of the Sports Entertainment Overlay (SE) Zone." 18.50.020 DEFINITIONS. For the purpose of this chapter, the following words, terms and phrases and their derivatives shall have the meanings given herein. The word 'shall' is always mandatory and not merely directory. .010 Anaheim Stadium Area Master Land Use Plan. The Anaheim Stadium Area Master Land Use Plan is the document adopted by the City Council of the City of Anaheim on March 2, 1999, as the same may be amended from time to time, to provide for the orderly development of the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code. A copy of the Anaheim Stadium Area Master Land Use Plan is on file with the Planning Department. .020 Communication Facility. Any structure or equipment used for the purpose of sending or receiving communications. Facilities may include but are not limited to television, radio, cellular, satellite dishes, antennae, towers, poles, microwave, cable or fiber optic systems, telecommunications, broadcasting communications, or future technological advances in communications facilities. .030 Design Guidelines. 'Design Guidelines' as the term may be used in this chapter shall mean the Appendix to the Anaheim Stadium Area Master Land Use Plan entitled 0 -Design Guidelines for the Sports Entertainment Overlay Zone.' .040 Development Districts. The Anaheim Stadium Area Master Land Use Plan identifies and establishes boundaries for the following Development Districts: Existing District, Arrowhead Pond District, Gateway District, Gene Autry District, Katella Corridor District and Sportstown District, as depicted on the "Development Intensity Plan" in Section 4 'Urban Design' of said Master Land Use Plan. .050 Entertainment Attraction. A building, structure, improvement, device, mechanism, or combination thereof, operated primarily for entertainment purposes, which includes controlled access, controlled capacities or processing. Entertainment attractions may include, but are not limited to: amusement rides, animal shows, arenas, assembly areas, displays, exhibitions, performances, shows (live, computerized, animated, automated, motion picture, amplified or non -amplified), pavilions, interactive and active play areas, all of which may be outdoors or indoors. .060 Floor Area Ratio. A formula for calculating the permitted building floor area on a specific lot or building site. The Floor Area Ratio ('F.A.R.') of a lot or building site is the ratio of the total gross floor area to the size of the lot or building site. .070 Head Shop. A retail store selling any articles, devices, contrivances, instruments or paraphernalia of interest to drug users, as defined in Chapter 7.10 'Advertising, Display and Sale of Paraphernalia to Minors,' Section 7.10. 020 'Definitions,' subsection (g) of this Code. .080 Land Use Intensity. Land use intensity consists of the permitted land uses and the maximum square footage assigned to each Development District in the (SE) Overlay Zone, as depicted on Table 1 'Land Use Intensity Matrix' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. .090 Media Production, Broadcasting And Distribution Activity. Activities which serve the media or entertainment industry, such as studios for broadcasting, recording and motion picture production, with limited audience facilities. Related uses may include sound stages, technical space, warehousing for media equipment, and workshops for the construction of sets. 0 .100 Mural. An artistic display or depiction or other form of painted picture located on a wall of a building or structure. .110 open-air Festival. An outdoor event oriented to tourists and visitors, and held out of the view from public rights-of-way and not directed to public rights-of-way. 'Open-air festivals' may include a public gathering, speech, concert, presentation or show. .120 Pedestrian Amenity. Facilities which encourage people to walk and shop along a public right-of-way without using automobiles or other private passenger vehicles. .130 Planned Mixed Use Development. A 'planned mixed use development' shall consist of at least five (5) acres characterized by a variety of land uses, the majority of which are permitted uses in the (SE) Overlay Zone, as specified in Section 18.50.060 'Permitted Primary Uses and Structures' of this chapter. Other uses shall be permitted accessory uses as specified in Section 18.50.070 of this chapter, provided that conditional uses may also be permitted subject to the provisions of Section 18.50.090 'Conditional Uses and Structures' of this chapter. A 'planned mixed use development' shall have a comprehensive site plan. Such a development may consist of one (1) or more parcels or lots. Parcels without frontage on a public street will be permitted if the appropriate easements, as required by the City Public Works Department, are recorded to provide adequate and safe vehicle and pedestrian access between all parcels, and between all parcels and adjoining public rights-of-way. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. Such a development typically includes shared vehicle and pedestrian circulation, shared parking, and common areas such as landscaping. All vehicle access to individual uses and buildings shall be from an internal vehicle circulation system (designed and improved in accordance with the applicable City and Engineering Standards), and no individual use or building shall have direct vehicle access to adjoining public rights-of-way. Covenants, Conditions and Restrictions ('CC&R's'), as required and approved by the City Attorney, Planning Department and Public Works Department, shall be recorded prior to issuance of a building permit or prior to approval of a final subdivision map, whichever occurs first, to provide for the common maintenance of all exterior elements including, but not necessarily limited to, access ways, parking areas, landscaping, irrigation facilities, signs and other common amenities or features. 10 .140 Plant Palette. A 'Plant Palette' identifying trees, shrubs, ground covers and vines for setbacks and public rights-of-way in the Anaheim Stadium Area was adopted in connection with the Anaheim Stadium Area Master Land Use Plan. The Plant Palette is depicted on a chart in Section 4 'Urban Design' of said Master Land Use Plan. .150 Porte-cochere. An accessory structure extending from an entrance to a building over the place where vehicles stop to provide convenient loading and unloading of passengers. .160 Public Right-of-way. Any area of real property dedicated to or owned by the City of Anaheim, or over which the City holds any easement for public street, alley, sidewalk, landscape, utility or pedestrian purposes, and which has been accepted by resolution of the City Council. .170 Thematic Element. A three-dimensional object or non -occupiable structure such as a gateway, tower, sculpture, spire and similar architectural features. .180 Transportation Facility. Facilities and structures intended to accommodate the transfer from automobile or pedestrian travel to bus, train or other form of mass transit. These facilities include, but are not limited to, bus, heliport, shuttle or train stations. .190 Trip Budget. A Trip Budget Analysis was prepared for the Anaheim Stadium Area in connection with the data in Table 1 'Land Use Intensity Matrix' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan and specific Trip Budgets were assigned to each Development District, consistent with the infrastructure capacity. The Trip Budget Analysis, as it may be updated from time -to - time, is on file with the Traffic Engineering Division of the Public.Works Department. .200 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 rights-of-way including any Critical Intersections. 18.50.030 GENERAL PROVISIONS. .010 Compliance with the Sports Entertainment Overlay Zone. All uses and development in this zone shall comply with any applicable provisions of the Code expressly referred to in this chapter, including, unless otherwise specified herein, the provisions of Chapters 18.01 11 'DEFINITIONS - ZONING CODE' and 18.04 'SITE DEVELOPMENT STANDARDS - GENERAL' of this Code; provided, however, that in the event of any conflict or inconsistency between any provision contained in any other chapter of this Code and any provision contained in this chapter, the provision contained in this chapter shall govern and apply. Where the provisions of this zone do not discuss a specific condition or situation that arises, the nonconflicting provisions of the Anaheim Municipal Code shall apply. All uses and development otherwise permitted in this zone shall further comply with all applicable provisions of Mitigation Monitoring Program No. 106 adopted in connection with the Anaheim Stadium Area Master Land Use Plan. .020 Design Guidelines for the Sports Entertainment Overlay Zone. The site development standards set forth in this chapter were adopted to operate in conjunction with the Design Guidelines, adopted as a part of the Anaheim Stadium Area Master Land Use Plan. Said Design Guidelines, as the same may hereinafter be amended, are incorporated herein by this reference as if fully set forth in this chapter. All development otherwise permitted by this chapter shall conform with the Design Guidelines. .030 Engineering Standards. All Engineering Standards referred to in this chapter are on file in the Office of the City Engineer and are incorporated herein by reference as if fully set forth in this chapter. .040 Area Development Plan No. 120. Development in the (SE) Overlay Zone shall comply with Area Development Plan No. 120, adopted by the City Council on July 9, 1996, to establish the nature, size and density of existing and proposed land uses and development for a portion of the Anaheim Stadium Area identified in this chapter as the Sportstown District and depicted on the -Development Intensity Plan' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. .050 Compliance with (SE) Overlay Zone. No building permit shall be issued prior to Final Plan approval by the Planning Commission, subject to the procedures set forth in Section 18.50.050 FINAL PLAN REVIEW AND APPROVAL,' unless expressly exempted in subsection 18.50.050.020 Final Plan Exemptions.' Construction in the (SE) Overlay Zone may commence only after the Planning Director or his or her designee finds that the construction proposal is in compliance with the regulations, applicable policies and guidelines of the (SE) Overlay Zone and the approved Final Plan, if applicable. 12 .060 The site development standards in this chapter, including the Design Guidelines for the Sports Entertainment Overlay Zone, shall apply to the structural expansion portion of any building hereinafter constructed in this zone. .070 Zoning Code. Any reference to the Zoning Code ("Code") made in this chapter shall mean Title 18 'Zoning' of the Anaheim Municipal Code. 18.50.040 IMPLEMENTATION. .010 Except as otherwise specified herein, adoption of an ordinance to reclassify property to the (SE) Overlay Zone shall be in accordance with Chapter 18.03 'Zoning Procedures - Amendments, Conditional Use Permits and Variances' of this Code. .020 Prior to introduction of an ordinance to reclassify any parcel or parcels located in a Development District (other than Existing District), as defined herein, the following shall be submitted to the Planning Department: (i) letter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the (SE) Overlay Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) filing fee in an amount as specified by resolution of the City Council. 18.50.050 FINAL PLAN REVIEW AND APPROVAL. .010 Review and Approval. Prior to issuance of a building permit or a grading permit, whichever occurs first, for a development project in the (SE) Overlay Zone, Final Plans, including, but not necessarily limited to, site plans, floor plans, elevations, roof and ground -mounted equipment plans, sign plans, landscape plans, fence and wall plans, parking, pedestrian and vehicle circulation plans including access to adjoining public rights-of-way, exterior lighting plans, line -of -sight drawings, and such other plans and information as may be required by the Planning Director or his or her designee and/or the Planning Commission, shall be prepared and submitted to the Planning Department for review and approval by the Planning Commission as a 'Reports and Recommendations' item in accordance with the procedures and containing the information set forth in the Final Plan Review Application, as adopted by resolution of the Planning Commission and on file with the Planning Department. If the Final Plans are found to be in conformance with the Anaheim 13 Stadium Area Master Land Use Plan, the Trip Budget for the underlying Development District, the Design Guidelines for the Sports Entertainment Overlay Zone and the provisions of this chapter, the Final Plans shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within fifteen (15) days from the date of such decision. .020 Final Plan Exemptions. The following are exempt from the Final Plan review and approval process: .0201 Interior building alterations, modifications or improvements which do not result in an increase to the gross square footage of the building. .0202 Minor building additions or improvements to or at the rear of a building or development complex which are not visible to public rights-of-way; do not exceed five percent (5%) of the gross square footage of the existing buildings or one thousand (1,000) square feet, whichever is less; and are in conformance with the Anaheim Stadium Area Master Land Use Plan, the Trip Budget for the underlying Development District, the Design Guidelines for the Sports Entertainment Overlay Zone and the provisions of this chapter. .0203 Landscape improvements or modifications which are not in connection with building modifications that require Final Plan review and approval. The above-described exemptions shall be submitted to the Planning Department and shall be reviewed for conformance with the Anaheim Stadium Area Master Land Use Plan, the Design Guidelines for the Sports Entertainment Overlay Zone, the "Plant Matrix," and the provisions of this chapter prior to issuance of a building permit or approval of landscaping plans. .030 Trip Budget Analysis. A trip budget analysis, based on the proposed mix of land uses for the development project, shall be submitted in connection with the Final Plans. The trip budget for the project shall not, on a per acre basis, exceed the Trip Budget assigned to the underlying Development District by the Trip Budget Analysis for the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, as determined by the City Traffic and Transportation Manager. .040 Environmental Review. Notwithstanding any other provision of this chapter, Final Plan review by the Planning Commission under subsection 18.50.050.010 `Review and Approval' shall include a ministerial determination whether 14 the proposed building, structure or use has been environmentally cleared on a project -specific level by the Master Environmental Impact Report for the Anaheim Stadium Area Master Land Use Plan (E.I.R. No. 321) or other final environmental documentation. If not, then the proposed activity shall be subject to preparation of an initial study and potential further environmental review and mitigation pursuant to the procedures outlined for subsequent projects under a Master E.I.R. in Public Resources Code Section 21157.1. .050 Appeal of Planning Commission Action. An appeal shall be processed in the same manner as appeals for decisions regarding reclassifications, conditional use permits and variances as set forth in Sections 18.03.080 through 18.03.084 of this Code except that the appeal period shall be fifteen (15) days. .060 Development Review and Permits. Prior to commencing any work pertaining to the construction, erection, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone, all building and site plans shall be subject to review by the Zoning and Building Divisions of the Planning Department for conformance with the approved Final Plans and permits shall be secured from the Building Official of the City of Anaheim in compliance with all provisions of Section 18.04.090 'Development Review and Permits - General' of this Code; provided that where there are existing buildings and structures on a site for which more intensive development is proposed under the provisions of this zone, 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. .070 Landscape Plan Review. The location of all proposed on-site and off-site landscaping including irrigation facilities, and landscaping within the parkway area (the area within the ultimate street right-of-way as described in the Circulation Element of the Anaheim General Plan, and as further described in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan), shall be shown on a site plan, drawn to scale, and shall be subject to review and approval by the Planning Department prior to installation. Such plans shall be consistent with Final Plans approved pursuant to subsections 18.50.050.010 'Review and Approval' and 18.50.050.050 'Appeal of Planning Commission Action' of this chapter and the provisions of the Design Guidelines for the Sports Entertainment Overlay Zone. 15 18.50.060 PERMITTED PRIMARY USES AND STRUCTURES. Subject to the provisions of this zone, the following primary uses, buildings and structures, either singly or in combination, shall be permitted in this zone. 010 Amphitheaters, indoors or enclosed. 020 Aquariums. 030 Arenas. .040 Entertainment attractions, as defined in subsection 18.50.020.050 of this chapter. 050 Health spas and physical fitness centers. .060 Hotels and motels, full service, as defined in Section 18.01.090 of this Code. .070 Media production, broadcasting and distribution activities, as defined in subsection 18.50.020.090 of this chapter. .080 Museums, art galleries, indoor or outdoor. .090 Offices, including but not limited to, media, studio, administrative, business, professional, sports medicine, and government. .100 Planned mixed use developments, as defined in subsection 18.50.020.130 of this chapter. .110 Research and development facilities related to the development of movies and television, production activities, computer and entertainment technology, and other similar media. .120 Restaurants, enclosed or semi -enclosed, full service, with or without cocktail lounges. .130 Retail uses, including the display, sale and rental of new goods in shops, stores and other similar retail facilities where located within a 'planned mixed use development,' as defined in subsection 18.50.020.130 of this chapter. .140 Studios, including radio, television and movie photography. 16 .150 Theaters, motion picture, live performance, and open-air. .160 Transportation facilities, as defined in subsection 18.50.020.180 of this chapter. 18.50.070 PERMITTED ACCESSORY USES AND STRUCTURES. The following accessory uses, buildings and structures are permitted only when they are integrated with, and clearly incidental to, permitted primary uses. .010 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of permitted primary uses. .020 Amusement device arcades, where located within a 'planned mixed use development,' as defined in subsection 18.50.020.130 of this chapter, and subject to the provisions of Chapter 4.14 `Amusement Devices' of this Code. .030 Murals, where not visible from the public right- of-way. .040 Parking structures and parking lots. .050 Pedestrian amenities such as outdoor seating, covered walkways and fountains. 060 Porte-cocheres. .070 Restaurants, fast food and walk-up, enclosed or semi -enclosed, where located within a `planned mixed use development,' as defined in subsection 18.50.020.130 of this chapter, and where not located at the intersection of any public rights-of-way. .080 Retail uses, including the display, sale and rental of new goods in shops, stores and other similar retail facilities. .090 Sale of alcoholic beverages for on -premises consumption where accessory to a restaurant which is a permitted use under Section 18.50.060 'Permitted Primary Uses and Structures' of this chapter. .100 Signs subject to the provisions of Chapter 18.05 OUTDOOR ADVERTISING - SIGNS AND BILLBOARDS' of this Code, except as otherwise provided in this chapter. 17 .110 Thematic elements, as defined in subsection 18.50.020.170 of this chapter. 18.50.080 PERMITTED TEMPORARY USES AND STRUCTURES. The following temporary uses, buildings and structures shall be permitted, subject to the conditions and limitations of this zone. .010 Construction office trailers, where the appropriate permits have been obtained from the City. .020 Grand opening banners, where the appropriate permits have been obtained from the City. .030 Open air festivals, as defined in subsection 18.50.020.110 of this chapter, where the appropriate permits have been obtained from the City. 18.50.090 CONDITIONAL USES AND STRUCTURES. The following uses, buildings and structures shall be permitted subject to the conditions and required showings of Section 18.03.030 'CONDITIONAL USE PERMITS (C.U.P.Is) - GENERAL' of this Code and Section 18.50.091 'Required Findings for Approval of Conditional Use Permits' of this chapter. The site development standards of this chapter shall apply except as otherwise provided herein or as specifically approved in conjunction with a conditional use permit. .010 Automobile service stations, provided that (i) the pump islands shall be oriented away from the adjoining public rights-of-way, (ii) no pump islands shall be located between the public rights-of-way and the building faces, (iii) a minimum twenty (20) foot structural setback, fully landscaped, shall be provided along the adjoining public rights-of-way, (iv) the setback between the building faces and the adjoining public rights-of-way shall be fully landscaped, and (v) a minimum forty two (42) inch high landscaped earthen berm, or a minimum forty two (42) inch high combination landscaped earthen berm and solid wall, shall be incorporated into the twenty (20) foot landscaped setbacks to screen the vehicle servicing area from adjoining public rights-of-way, provided that any solid wall shall be screened with landscaping as required by subsection 18.04.060.040 'Landscaping for Screening of Fences/Block Walls' of this Code and that required vehicle sight distances shall be maintained in compliance with the provisions of subsection 18.50.130.040.0403 of this chapter. Automobile service stations shall be subject to the requirements of Chapter 18.87 'Zoning Code - Criteria and M Development Standards for Service Stations' of this Code, except as otherwise governed by the provisions of this chapter. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant, approved by the City Attorney, against the property agreeing to remove the structures and underground tanks in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. 020 Bowling alleys. .030 Breweries, including the on -premises sale and consumption of beer or ale. .040 Carts and kiosks, where located within a 'planned mixed use development,' as defined in subsection 18.50.020.130 of this chapter, and where not visible to any public right-of-way. If food service is proposed in a cart or kiosk, the application for a conditional use permit shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. .050 Communication facilities, as defined in subsection 18.50.020.020 of this chapter. .060 Murals, where visible from any public right-of- way. 070 Extended -stay hotels. .080 Heights of buildings and structures above the maximum permitted structural heights of this chapter. .090 Restaurants, drive-through, where integrated in a 'planned mixed use development' as defined in subsection 18.50.020.130 of this chapter and subject to the provisions of subsection 18.50.150.030 pertaining to required landscaping for drive-through lanes. .100 Sale of alcoholic beverages for on -premises consumption and/or off -premises consumption, except as otherwise expressly permitted in this zone. .110 Special signs for properties on Douglass Road north of Katella Avenue, on Katella Avenue, and on State College Boulevard between Katella Avenue and Gene Autry Way, where intended to provide a mechanism to address special circumstances, but not intended to conditionally allow signs M that are otherwise prohibited by this chapter or to change the standards contained herein. This provision is intended to accommodate lively, colorful and thematic signage that will complement the sports and entertainment orientation of - this zone. .120 Sports entertainment and recreational uses, except as otherwise provided in this chapter. .130 Uses or activities not listed, nor specifically prohibited, in this chapter which are determined by the Planning Commission to be compatible with the intended purpose of the (SE) Overlay Zone. 18.50.091 REQUIRED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMITS. In addition to the findings required by Section 18.03.030 'CONDITIONAL USE PERMITS (C.U.P.'s) - GENERAL' of this Code, no conditional use permit shall be approved for any use specified as a conditional use in the (SE) Overlay Zone unless the approving body finds that the proposed project, alone or in combination with any existing development, will meet the intent of the Anaheim Stadium Area Master Land Use Plan. 18.50.100 PROHIBITED USES AND STRUCTURES. The following uses and structures are specifically prohibited in the (SE) Overlay Zone. 010 Automobile, truck, trailer and other vehicle sales. .020 Balloons, fixed or tethered, including inflatable advertising devices. .030 Billboards, as described in subsection 18.05.020.010 of this Code, and other off-site advertising. .040 Conversion of hotels or motels to semi-permanent or permanent living quarters, provided that a care taker/manager unit shall be permitted. .050 Head shops, as defined in subsection 18.50.020.070 of this chapter. .060 Pawnshops. .070 Prohibited signs listed in subsection 18.50.170.040 'Prohibited Signs' of this chapter. 20 080 Rescue missions, shelters for the homeless. 090 Secondhand shops. .100 Sex -oriented businesses, as defined in subsection 18.89.020.F of this Code. 110 Swap meets, indoor or outdoor. 18.50.110 DEVELOPMENT DISTRICTS. .010 Purpose. To permit the maximum amount of development in the Anaheim Stadium Area consistent with the infrastructure capacity, the (SE) Overlay Zone establishes land use intensities for the area and for each of the following Development Districts: Arrowhead Pond District, Gateway District, Gene Autry District, Katella Corridor District and Sportstown District. The boundaries and the maximum land use intensities of the Development Districts are depicted on the 'Development Intensity Plan' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. The development requirements contained in this chapter shall apply in addition to and where inconsistent with shall supersede any regulation of the underlying zone. .020 Arrowhead Pond District. The following development requirements shall apply to property designated 'Arrowhead Pond District': .0201 Maximum floor area ratio. The maximum floor area ratio shall be 0.45 (forty five one - hundredths) or 1.0 (one) as depicted on the 'Development Intensity Plan' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. .0202 Maximum coverage. The maximum coverage shall be seventy percent (700) of the property. .030 Gateway District. The following development requirements shall apply to property designated 'Gateway District': .0301 Maximum floor area ratio. The maximum floor area ratio shall be 0.30 (thirty one -hundredths) or 0.50 (fifty one -hundredths), as depicted on the 'Development Intensity Plan' in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. 21 .0302 Maximum coverage. The maximum coverage shall be seventy percent (70%) of the property. .0303 Maximum building height. Except for projections as permitted in Section 18.04.030.028 'Permitted Projections Above Roof Lines' of this Code, the maximum height of any building or structure shall be one hundred (100) feet, except as may be permitted by conditional use permit. .040 Gene Autry District. The following development requirements shall apply to property designated 'Gene Autry District': .0401 Maximum floor area ratio. The maximum floor area ratio shall be 0.40 (forty one -hundredths). .0402 Maximum coverage. The maximum coverage shall be seventy percent (7096) of the property. .0403 Maximum building height. Except for projections as permitted in subsection 18.04.030.028 'Permitted Projections Above Roof Lines' of this Code, the maximum height of any building or structure shall be fifty (50) feet, except as may be permitted by conditional use permit. .050 Katella Corridor District. The following development requirements shall apply to property designated 'Katella Corridor District': .0501 Maximum floor area ratio. The maximum floor area ratio shall be 0.50 (fifty one -hundredths) or 1.0 (one) as depicted on the "Development Intensity Plan" in Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. .0502 Maximum coverage. The maximum coverage shall be eighty percent (80%) of the property. .0503 Maximum building height. Except for projections as permitted in Section 18.04.030.028 'Permitted Projections Above Roof Lines' of this Code, the maximum height of any building or structure shall be fifty (50) feet or one hundred seventy five (175) feet as depicted on the "Development Intensity Plan" in Section 4 Urban Design' of the Anaheim Stadium Area Master Land Use Plan, except as may be permitted by conditional use permit. 22 .060 Sportstown District. The development requirements approved in connection with Area Development Plan No. 120, on file with the Planning Department, and the implementation thereof, shall apply to property designated 'Sportstown District.' 18.50.120 SPECIAL REQUIREMENTS FOR THE KATELLA CORRIDOR DISTRICT. To create the special sports and entertainment character envisioned by the Anaheim Stadium Area Master Land Use Plan, the following requirements shall apply to all properties within the Katella Corridor District: .010 No parking shall be permitted between the Katella Avenue right-of-way and any building face. .020 Pedestrian access to buildings fronting or facing on Katella Avenue shall be provided primarily from the Katella Avenue side of the building. .030 The area between the Katella Avenue right-of-way and the building face shall be fully landscaped, except for pedestrian access and pedestrian amenities. 18.50.130 SITE DEVELOPMENT STANDARDS. The following site development standards are intended to provide physical and visual connections between the Edison International Field of Anaheim, the Arrowhead Pond of Anaheim, the Anaheim Convention Center and the Anaheim Resort, and to create a unique and compelling image for the Stadium Area and provide an impetus for visitors to come to Anaheim. In order to assure appropriate intensity of development, to maintain and enhance locally recognized values of community appearance, to promote functional compatibility of uses and to promote the safe and efficient circulation of pedestrian and vehicle traffic, all of which are found to be necessary for the preservation of the community health, safety and general welfare, the following site development standards shall apply in addition to the development requirements specified in Sections 18.50.110 'DEVELOPMENT DISTRICTS' and 18.50.120 'SPECIAL REQUIREMENTS FOR THE KATELLA CORRIDOR DISTRICT' of this chapter. 010 Building Site Requirements. .0101 Minimum Lot Width. Each lot shall have a minimum width of not less than one hundred seventy five (175) feet measured along the street frontage, except as otherwise expressly permitted herein. This requirement shall not apply to the following: 23 (a) Any lot lawfully created prior to the effective date of this chapter shall not be rendered nonconforming to this chapter for the purposes of applying any other requirements contained herein. (b) Any lot lawfully created in connection with a 'planned mixed use development' as defined in subsection 18.50.020.130 of this chapter. .0102 Minimum Building Site Width. Each building site shall have a minimum width of one hundred seventy five (175) feet. A building site may consist of one (1) or more lots or parcels. .0103 Minimum Distance Between Adjacent Driveways. The minimum distance between adjacent driveways on a building site shall be three hundred (300) feet, except as otherwise required by the City Traffic and Transportation Manager. .020 Structural Setback and Yard Requirements. Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows: .0201 All properties shall have an open setback for the full width of the property. This setback shall be parallel to the centerline of the adjoining public rights-of-way and shall be measured from the ultimate right-of-way lines as designated on the Circulation Element of the Anaheim General Plan, including any Critical Intersections. .0202 All setbacks along the following streets and arterial highways shall have a minimum depth of twenty (20) feet. Except where expressly provided otherwise in this chapter, this setback shall be fully landscaped and may be utilized for pedestrian amenities. (a) Cerritos Avenue (b) Douglass Road (c) Gene Autry Way (d) Howell Avenue (e) Katella Avenue (f) Lewis Street 0203 Anaheim Way. (a) Between the Southern California Edison Co. easement and Gene Autry Way, the setback adjacent to Anaheim Way shall have a minimum depth 24 of fifty (50) feet, either fully landscaped or with not less than twenty (20) feet parallel with and adjacent to Anaheim Way landscaped with the remainder of the required setback area used for parking and/or vehicle circulation. (b) Between Gene Autry Way and Orangewood Avenue, the setback adjacent to Anaheim Way shall have a minimum depth of twenty (20) feet. This setback shall be fully landscaped. .0204 Orangewood Avenue. The minimum setback shall be twenty (20) feet, provided that where the underlying zone is "PR" Public Recreation, the minimum depth shall be seven and one-half (7%) feet. This setback shall be fully landscaped. .0205 State College Boulevard. The minimum setback shall be twenty (20) feet, provided that where the underlying zone is "PR" Public Recreation, the minimum depth shall be fifteen (15) feet. Except where expressly provided otherwise in this chapter, this setback shall be fully landscaped. .0206 Other streets. The minimum setbacks along other streets not listed herein, shall be as required for the underlying zone. .0207 Freeway rights-of-way. All setbacks along freeway rights-of-way, including any freeway transition road and on-ramp or off -ramp, shall have a minimum depth of twenty five (25) feet and shall be fully landscaped. .0208 Railroad rights-of-way. The minimum setback shall be ten (10) feet, fully landscaped. 0209 Side and rear setbacks. None. .030 Permitted Encroachments into Required Setbacks and Yards. The following architectural features, structures and access ways may be permitted in required setbacks and yards, except as specifically prohibited herein. .0301 Decorative screen -type walls and fences, not exceeding thirty six (36) inches in height, where located no closer than five (5) feet from the front property line along a public right-of-way. .0302 Decorative screen walls for the purpose of screening utility devices or facilities, not exceeding thirty six (36) inches in height, where located no 25 closer than five (5) feet from the front property line along a public right-of-way. .0303 Entrance and exit driveways, and walkways into parking areas. .0304 Fountains, ponds, sculptures, planters and walkways (open or covered) where they are an integral part of a landscaping scheme. .0305 Flagpoles where not exceeding three (3) on a building site. .0306 Pedestrian amenities, as defined in subsection 18.50.020.120 of this chapter. 0307 Signs. 040 Prohibited Encroachments into Required Yards. .0401 Drive-through lanes for any use, including but not limited to drive-through restaurants and banks, shall be prohibited in required setbacks along all public rights-of-way or freeways, including freeway transition roads and on -ramps or off -ramps. .0402 Parking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in required setbacks. .0403 Required vehicle sight distances shall be maintained. No landscaping or other elements such as signs or fences exceeding twenty four (24) inches in height shall be permitted within the line -of -sight triangle described in subsection 18.05.093.070 'Minimum Sight Distance Requirements for Freestanding Signs' of this Code and as shown on Engineering Standard Detail No. 137 'Commercial Drive Approach,' unless otherwise approved by the City Traffic and Transportation Manager. .050 Roof -mounted Equipment. Any roof -mounted equipment shall be visually screened from adjacent properties and from adjacent and nearby public rights-of- way at any point measured six (6) feet above the grade of the adjacent property or the adjacent or nearby public right-of-way (as viewed from both sides of the right-of-way) by means of acceptable architectural features of the building itself or by permanent building materials, the same as or similar to the construction of the underlying building. The following additional requirements shall apply where applicable: .0501 Any roof -mounted equipment that will be visible from the elevated road bed of Gene Autry Way or the Santa Ana Freeway (Interstate 5) or the Orange Freeway (State Route 57) shall be screened to the greatest extent possible to protect the view from those road beds. .0502 Any roof -mounted equipment that will be visible to adjacent or nearby high-rise buildings shall be screened to the greatest extent possible to protect the view from those buildings. .0503 Roof plans and line -of -sight drawings shall be submitted to the Planning Department to illustrate the adequacy of the proposed screening methodology. Roof -mounted equipment shall be painted the same color as the roof. 18.50.140 DESIGN GUIDELINES FOR THE SPORTS ENTERTAINMENT OVERLAY ZONE. All projects shall be designed in substantial conformance with the Design Guidelines for the Sports Entertainment Overlay Zone, as the same may be amended from time to time. Said Design Guidelines are on file in the Planning Department. The determination of substantial conformance shall be made by the Planning Commission in conjunction with Final Plan approval, as provided in Section 18.50.050. If the project is exempted from Final Plan review, the determination of substantial conformance shall be made by the Planning Director or his or her designee. 18.50.150 REQUIRED LANDSCAPING. The following landscaping requirements shall apply, provided that under no circumstances shall artificial plant materials, including artificial turf, be used in any required landscaping areas. .010 Setback Landscaping. Except as otherwise provided in this chapter, all required structural setback and yards shall be landscaped and permanently maintained with lawn, ground cover, trees and shrubs as required in Section 18.04.060 'Landscaping Requirements - General' of this Code and as specified in the "Plant Palette" and the Design Guidelines for the Sports Entertainment Overlay Zone. Walkways, plazas, fountains and other similar amenities (not including turf block, except where such turf block is used for required emergency access) may also be permitted. All building setbacks shall be fully landscaped with live plants, excluding driveways perpendicular to the street and provided that hard surface paving may be permitted within 27 the setback where intended primarily for pedestrian amenities. Hard surface paving in landscaped setbacks shall incorporate tree planting. .0101 Anaheim Way. Anaheim Way is a one-way north -bound arterial highway adjacent to the Santa Ana Freeway. If any pedestrian amenities and hard surface paving are provided in the landscaping setback, a minimum of ninety five (950) of the setback shall consist of live plants. .0102 Katella Avenue. If pedestrian access and hard surface paving or other pedestrian amenities are provided in the setback along Katella Avenue, a minimum of seventy percent (700-.) of the setback shall consist of live plants. .0103 All other streets. When pedestrian amenities and hard surface paving are provided in the setback along other streets, a minimum of ninety percent (900) of the setback shall consist of live plants. .020 Vehicle Parking Lot Landscaping. All surface vehicle parking areas shall be improved in compliance with Section 18.06.030 'Required Improvement of Parking Areas' of this Code; and all parking areas visible to adjoining public rights-of-way shall be screened by a minimum forty two (42) inch high hedge, or a landscaped earthen berm, or a combination thereof; provided, however, that required vehicle sight distances shall be maintained within the line - of -sight triangle described in subsection 18.05.093.070 'Minimum Sight Distance Requirements for Freestanding Signs' of this Code and as shown on Engineering Standard Detail No. 137 'Commercial Drive Approach,' unless otherwise approved by the City Traffic and Transportation Manager. .030 Drive -Through Lanes. Any drive-through lane shall be fully screened from adjacent public rights-of-way by a minimum forty two (42) inch high landscaped earthen berm, or a solid wall, or a combination thereof; provided, however, that any solid wall shall be screened with landscaping as required by subsection 18.04.060.040 'Landscaping for Screening of Fences/Block Walls' of this Code. .040 Outdoor equipment, refuse, storage and utility areas. Any outdoor equipment, refuse, storage, utility or other similar areas shall be fully screened from adjacent public rights-of-way, on-site pedestrian and vehicle access ways, pedestrian amenities and surface parking by W landscaping and solid walls, as required by the Design Guidelines for the Sports Entertainment Overlay Zone. .050 Selection of Plants. All plants shall be in substantial conformance with the 'Plant Palette' and the Design Guidelines for the Sports Entertainment Overlay Zone. .060 Required Size of Plants. The required size of plants shall be as required in Section 18.04.060 `Landscaping Requirements - General' of this Code, the 'Plant Matrix,' and the Design Guidelines for the Sports Entertainment Overlay Zone; provided, however, that any required tree shall be at least a twenty four (24) inch box tree. .070 Number of Trees. The minimum number of trees shall be as specified in the `Plant Palette' and the Design Guidelines for the Sports Entertainment Overlay Zone. .080 Maintenance of Landscaping. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use. All living landscaping shall be maintained, pruned or trimmed in a manner that complies with the requirements contained in this chapter. Any plant that becomes diseased or dies shall be replaced immediately. .090 Irrigation. All required landscaped areas shall be provided and maintained with a permanent, automatic irrigation system. Such systems shall incorporate water conserving features. 18.50.160 OFF-STREET PARKING AND LOADING REQUIREMENTS. All vehicle access ways and parking and loading areas shall comply with the provisions of Chapter 18.06 'Vehicle Parking and Loading Requirements' of this Code except as otherwise provided herein. The location of required parking spaces may be provided adjacent to or in close proximity to the building site when a parking management plan has been prepared to the satisfaction of the City Attorney, the City Traffic and Transportation Manager, and the Planning Director and when the future needs of both properties can be satisfied. 18.50.170 SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION. Any signs installed or erected in this zone shall comply with the provisions of Chapter 18.05 'OUTDOOR ADVERTISING - SIGNS AND BILLBOARDS' for the underlying zone, provided that any ground mounted signs shall be monument signs as defined in subsection 18.05.030.072 of this Code, except where otherwise expressly provided in this chapter. 29 .010 Signs not visible to any public right-of-way or any freeway right-of-way, including any freeway transition road and on-ramp or off -ramp, shall not be subject to these provisions. .020 Special Sign Area. For properties on Douglass Road north of Katella Avenue, on Katella Avenue, and on State College Boulevard between Katella Avenue and Gene Autry Way, special signs may be approved in connection with a conditional use permit, as provided in subsection 18.50.090.110 of this chapter. .030 For properties located in the Sportstown District, signs approved in connection with Area Development Plan No. 120, and the implementation thereof, shall apply. .040 Prohibited Signs. The following types of signs shall be specifically prohibited in the (SE) Overlay Zone. .0401 Freestanding signs, as defined in subsection 18.05.030.050 of this Code. .0402 Inflatable signs or advertising devices, including fixed or tethered balloons. .0403 Menu boards or other signs associated with drive-through lanes where facing and/or visible to adjacent public rights-of-way including public sidewalks. .0404 Painted signs on exterior building walls. .0405 Parapet signs. .0406 Pole signs. .0407 Portable signs, such as 'A' -frame signs. .0408 Roof signs. .0409 Temporary signs, except as otherwise expressly permitted herein. .0410 Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicles on public or private property. .0411 Window signs, including signs painted on or attached to display windows. 30 18.50.180 APPLICATION FEES. By resolution, the City Council may establish fees and the amounts thereof required to be paid to the City for review and processing of Final Plans, landscape plans, building permits, and any other application for subsequent approvals to carry out the purposes of this chapter to implement or amend the (SE) Overlay Zone. 18.50.190 DEDICATION AND IMPROVEMENTS. Dedication of streets and public utilities, and other public works and improvements shall be required in connection with any work pertaining to the construction, erection, reconstruction, moving, conversion, alteration, or addition to any building or structure within this zone in accordance with the provisions of Section 18.04.080 'Dedication and Improvements - General' of this Code. 18.50.200 PENALTIES FOR VIOLATIONS. Any violations of the provisions of this chapter shall be subject to penalties as prescribed in Section 18.04.110 'Penalties for Violation of Regulations - General' of this Code. Any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. 18.50.210 APPLICATION TO INCREASE FLOOR AREA RATIO. Except as otherwise expressly provided herein, a request to increase the floor area ratio ("F.A.R.") for a specific building site within a Development District in the (SE) Overlay Zone shall be processed as follows. .010 Application. The following information shall be submitted to the Planning Department: .0101 Letter from the property owner (or property owners where applicable) or the property owner's authorized agent describing the request to increase the F.A.R. .0102 Current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property. .0103 Map of the building site (including scale and dimensions). 31 .0104 Application fee in an amount as specified by resolution of the City Council. .0105 Site plan and other plans or information, as determined to be necessary by the Planning Department and/or the Planning Commission, to clearly illustrate the development proposal which will result in an F.A.R. exceeding the maximum permitted F.A.R. for the underlying Development District. .0106 Traffic study prepared by a qualified traffic and transportation engineer, or such other study as may be approved by the City Traffic and Transportation Manager, analyzing the proposed trip budget for the specific building site in the context of the F.A.R., the Trip Budget assigned to the underlying Development District and the Trip Budget Analysis for the Anaheim Stadium Area. .020 Review and Approval. A request to increase the F.A.R. of a specific building site will be considered by the Planning Commission as a "Reports and Recommendations" item. .0201 Approval. If the proposal, based on the traffic study, is found to have no adverse impact on the assigned Trip Budget for the underlying Development District and no adverse impact on the Trip Budget Analysis for Anaheim Stadium Area and, further, that the proposal meets the goals and objectives of the Anaheim Stadium Area Master Land Use Plan, the proposed F.A.R. shall be approved. .0202 Denial. If the proposal, based on the traffic study, is found to have an adverse impact on the assigned Trip Budget for the underlying Development District and/or on the Trip Budget Analysis for the Anaheim Stadium Area and/or the proposal does not meet the goals and objectives of the Anaheim Stadium Area Master Land Use Plan, the proposed F.A.R. shall be denied. .030 The Planning Commission's action will be final unless appealed to the City Council within fifteen (15) days from the date of such decision. An appeal shall be processed in the same manner as appeals for decisions on reclassifications, conditional use permits or variances as set forth in Sections 18.03.080 through 18.03.084 of this Code except that the appeal period shall be fifteen (15) days. Plans submitted for Final Plan review and approval by the Planning Commission shall conform with the approved F.A.R. 32 .040 Environmental Review. Notwithstanding any other provision of this chapter, approval of an application to increase the F.A.R. by the Planning Commission under this Section 18.50.210 shall include a ministerial determination whether the proposal has been environmentally cleared on a project -specific level by the Master Environmental Impact Report for the Anaheim Stadium Area Master Land Use Plan (E.I.R. No. 321) or other final environmental documentation. If not, then the proposal shall be subject to preparation of an initial study and potential further environmental review and mitigation pursuant to the procedures outlined for subsequent projects under a Master E.I.R. in Public Resources Code Section 21157.1. 18.50.220 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Boundaries of the zone established by this chapter, the classification of land uses therein, or other provisions of this chapter may be amended, exceptions made therefrom, or conditional uses permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'Zoning Amendments, Conditional Use Permits and Variances' of this Code and in Section 18.50.091 'Required Findings for Approval of Conditional Use Permits' of this chapter, except as otherwise provided in Section 18.50.210 'Application to Increase Floor Area Ratio' of this chapter. 18.50.230 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR PROPERTY. No provision of this chapter shall apply to or be a limitation upon the City of Anaheim, whether the City acts in a governmental or proprietary capacity." SECTION 9. That Section 18.61.067 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.61.067 SIGN REGULATIONS — ADVERTISING AND IDENTIFICATION. Any signs or billboards installed or erected in this zone shall comply with the provisions of Chapter 18.05 'OUTDOOR ADVERTISING — SIGNS AND BILLBOARDS' or, where located in the Anaheim Stadium Area, as defined in Section 18.01.020 of this Code, with the provisions of Section 18.50.170 'SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION' of the Sports Entertainment Overlay (SE) Zone." 33 SECTION 10. 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 11. 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. SECTION 12. 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 shall 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. 34 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 16th day of March 1999. MAYOR OF THE CITY OFVANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 29277.2/smann 35 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5673 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of March, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of March, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5673 on the 16th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of March, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5673 and was published once in the North County News on the 25th day of March, 1999. CITY CLERK OF THE CITY OF ANAHEIM PROOF 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 twenty one years, and not a parry 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: "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct Date March 25, , 19_gq Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp a 3��0 Proof of Publication of Ayes: Fetflla n, Kring, McCracken, Tait, wt0'DOIy Noes: Notts Ab~: None Absent: Norte This ordky * Title IS ";onlnQ' to Qdd a new �hgater t .SO tlfled Ono and Devel (op )meat Ssiendsne3e for the SPO* 18"04, 1111aV 1i r4tl,,'18 44, 15 =1 .6i1 ite and OettNopment Standard neMel, i Rs• A -43,000i CO: CL, CH, and hK loner to com- ply om- ow Ingoul�re nentit permitted of (8a d mini- mum ay lontdocaped and structural setbacks along arterial'hilghwovs. , If you wish a ftm copy of the text of the;above Ordtnarice, please call the Office of the City Clerk of Anafiekn; 7¢5-5166, between 0:00: a.m. and 5:09 p.m. Monday through Friday.' There Is no, charge for the copy. Publish: Anaheim Bulletin March 25, 1999 25-433 3HU200600 PROOF OF PUBLICATION