6101ORDINANCE NO. 6101
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS,
CLARIFICATIONS AND UPDATES (ZONING CODE
AMENDMENT 2006-00052).
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 Zoning Code format to make it easier to find land use and development
information, and assuring that the Code complies with State statutes and other applicable laws;
and that said amendment was designated as 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, the Anaheim City Planning Commission, having reviewed the
Zoning Code Amendments initiated by the Planning Director, and having considered the
evidence submitted in the Staff Report to the City Planning Commission dated January 23, 2008,
pertaining to said amendments, did recommend, by its Motion, that the City Council approve
Zoning Code Amendment No. 2006-00052; 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, did
certify Final Environmental Impact Report No. 330 and determine that said Final Environmental
Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City
Council, and was 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 the
proposed Zoning Code Amendment No. 2006-00052; 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.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That new Section 18.01.040 be, and the same is hereby, added to Chapter 18.01 of
Title 18 of the Anaheim Municipal Code, to read as follows:
"18.01.040 AUTHORIZATION.
All officers and employees of the City authorized or required by law to issue permits,
licenses or other evidences of authority for business licenses or for the erection or locating of any
building, structure or installation within the meaning of this title shall issue no such permit,
license or evidence contrary to the provisions of this title. Any permit, license or evidence issued
in conflict with the provisions of this title shall be null and void and shall not constitute authority
for the conduct of any activity or use or the erection, installation or maintenance of any building,
structure or installation which is otherwise in violation of any provision of this Title 18."
SECTION 2.
That Table 4-B (Accessory Uses and Structures: Single -Family Residential
Zones) of Section 18.04.030, and Table 4-F (Minimum Structural Height: Single -Family
Residential Zones) of subsection .010 of Section 18.04.070, and Table 4-H (Maximum Lot
Coverage: Single -Family Residential Zones) of subsection .010 of Section 18.04.090, and Table
44=I (Minimum Setbacks: Single Family Residential Zones) of subsection .010 of Section
18.04.100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are
hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated by this
reference.
CFCTTC)N'I
That new paragraph .0105 be, and the same is hereby, added to subsection .010 of
Section 18.04. 100 of Chapter 18.04 of Title 18 of the Anaheim Municipal to read as follows:
".010 Setbacks for Single -Family Residential Zones.
.0101 The minimum setbacks for single-family residential zones are shown in Table 4-
I. These setbacks apply in addition to the setback and yard requirements of Sections 18.40.040
(Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40
(General Development Standards). Encroachments into setback areas are contained in
subsection .040 below.
.0102 Unless otherwise provided in this title, setbacks shall be measured from the
ultimate right-of-way, recorded access easement, or recorded riding and hiking trails.
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.0103 In addition to the provisions of Table 4-I, a tilt -up garage door shall be set back a
minimum of twenty-five (25) feet from the ultimate right-of-way line of the street used for
access, and a roll -up garage door shall be set back a minimum of twenty (20) feet from the
ultimate right-of-way line of the street used for access.
.0104 Notwithstanding any other provision, any structure used for human habitation
shall maintain a setback of not less than ten (10) feet from any riding and hiking trail easement of
record.
.0105 Notwithstanding any other provision, any enclosed detached accessory structure
in excess of 120 square feet intended for habitation having finished interior, insulated ceiling
and/or wall, ability to be temperature controlled, such as a guest room, recreation room,
workshop, office etc. shall conform to setback requirements for the primary residence."
SECTION 4.
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 as set 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, setbacks between buildings as set forth in subsection
.050 of section 18.06.090 and minimum size of recreational -leisure areas as set forth in Table 6-I
may be modified in order to achieve a good project design, privacy, livability, and compatibility
with surrounding uses."
CRCTTCW 5
That Table 6-A (Residential Classes of Uses) of Section 18.06.030 of Chapter
18.06 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in
Exhibit `B" attached hereto and incorporated herein by this reference.
SECTION 6.
That Table 8-A (Primary Uses: Commercial Zones), Table 8-B (Accessory Uses
and Structures: Commercial Zones) and Table 8-C (Temporary Uses and Structures: Commercial
Zones) of Section 18.08.030 (Uses) of Chapter 18.08 of Title 18 of the Anaheim Municipal
Code, and Table 8-E [now Table 8-F] (Maximum Structural Height: Commercial Zones) of
Section 18.08.050 (Structural Heights) of Chapter 18.08 of Title 18 of the Anaheim Municipal
Code, and Table 8-F [now Table 8-G] (Minimum Setbacks: Commercial Zones) of Section
18.08.060 (Structural Setbacks) of Chapter 18.08 of Title 18 of the Anaheim Municipal Code
be, and the same are hereby, amended to read as shown in Exhibit "C" attached hereto and
incorporated herein by this reference.
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RFC'TION 7
That new section 18.08.045 be, and the same is hereby, added to Chapter 18.08 of
Title 18 of the Anaheim Municipal Code, to read as follows:
.045 Floor Area Ratio. The maximum floor area ratio for commercial zones is shown in
Table 8-E.
Table 8-E
MAXIMUM FLOOR AREA RATIO: COMMERCIAL ZONES
Zone
Maximum floor area ratio
C -NC
.45 FAR
C-R
.50 FAR
C -G
.50 FAR
O -L
.50 FAR
O -H
2.00 FAR
SECTION 8.
That new Section 18.10.045 be, and the same is hereby, added to Chapter 18.10 of
Title 18 of the Anaheim Municipal Code, to read as follows:
"18.10.045 FLOOR AREA RATIO.
The maximum floor area ratio (FAR) for the Industrial Zone is .50 FAR per the Anaheim
General Plan."
SECTION 9.
That Table 10-A (Primary Uses: Industrial Zone), Table 10-B (Accessory Uses
and Structures: Industrial Zone) and Table 10-C (Temporary Uses and Structures: Industrial
Zone) of subsection .100 of Section 18.10.103 of Chapter 18.10 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "D" attached
hereto and incorporated herein by this reference.
RFC'TTCIN 10
That new Section 18.10.120 be, and the same is hereby, added to Chapter 18.10 of
Title 18 of the Anaheim Municipal Code to read as follows:
"18.10.120 STREET FRONTAGE/LAND SUBDIVISION.
Parcels created by land subdivision within the Industrial Zone shall not be required to have
frontage on a public street, except that each such parcel shall have access, for ingress and egress,
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to a public street at a location approved by the Public Works Department, pursuant to a recorded
easement agreement approved as to form and content by the City Attorney, Planning
Department and Public Works Department."
SECTION 11.
That Table 14-A (Primary Uses: Public and Special -Purpose Zones) and Table
14-B (Accessory Uses and Structures: Public and Special Purpose Zones) of Section 18.14.030
of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same are hereby
amended to read as shown in Exhibit "E" attached hereto and incorporated by this reference.
SECTION 12.
That new subsection .160 be, and the same is hereby, added to Section 18.14.030
Chapter 18.14 of Title 18 of the Anaheim Municipal Code to read as follows:
".160 Conditional Uses. Conditional Uses shall only be considered to the extent that the
proposed use is consistent with the property's underlying General Plan Land Use Designation."
CR(''TIf NJ 11
That subsection .010 of Section 18.20.120 of Chapter 18.20 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Number of Parking Spaces.
.0101 Number of Spaces for Residential Uses. The following minimum parking
requirements shall be used in determining parking need:
Table 20-I
MINIMUM PARKING REQUIREMENTS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY
ZONE
Total Number of Bedrooms
Minimum Number of Parking Spaces
Per Unit
1 bedroom
1.5 spaces
2 bedroom
2.0 spaces
3 bedroom
2.5 spaces
4 bedroom
3.5 spaces
.0102 Number of Spaces for Non -Residential Uses. The number of parking spaces for
non-residential uses shall be determined by the type of use (use class) specified in Table 42-A
(Non -Residential Parking Requirements) of Chapter 18.42 (Parking and Loading).
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.0103 Number of Spaces for Mixed -Use Projects. Due to variations in parking demand
and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up
locations and the design of the parking areas, including ingress and egress, shall be determined
as part of the final site plan review process by the Planning Services Manager of the Planning
Department and/or his or her designee based upon information contained in a parking demand
study prepared by an independent traffic engineer, as approved by the Planning Services
Manager of the Planning Department and/or his or her designee. The parking demand study shall
be prepared at the property owner/developer's expense and provided as part of the final site plan
application.
.0104 On -Street Parking. Parking located on a private or public street directly in front
of a use may be considered for parking credit; providing a parking management plan is approved
by the City Engineer, which adequately addresses how parking will be limited to the use that it is
intended to serve.
.0105 Tandem Parking. Tandem Parking may be permitted in conjunction with
subterranean parking and tuck -under buildings, where both spaces are assigned to the same
designated dwelling unit.
.0106 Valet Parking. Valet parking may be permitted in conjunction with subterranean
parking, provided valet services are provided for and managed by an on-site management
company or homeowner's association.
.0107 Drop-off and Pick -Up Locations. Drop-off and pick-up locations shall be
incorporated into the design of parking areas, and the number, location and design shall be
approved by the City Engineer."
SECTION 14.
That subsection .010 of Section 18.24.050 of Chapter 18.24 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".010 Additional Uses.
.0101 In addition to the uses permitted by the underlying zone, the following buildings,
structures and uses, either singly or in combination, are permitted:
.01 Detached single-family dwellings in conformance with Chapter 18.04 (Single -
Family Residential Zones).
02 Detached single-family dwellings in conformance with subsection .0202 below.
.0102 In addition to the conditional uses listed in Chapter 18.04 (Single -Family
Residential Zones), the following conditional uses shall be permitted:
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.01 Attached single-family dwellings in conformance with Chapter 18.06
(Multiple -Family Residential Zones).
.02 Bed & Breakfast Inns in conformance with Chapter 18.38 (Supplemental Use
Regulations)."
SECTION 15.
That subsections .010 and .020 of Section 18.24.070 of Chapter 18.24 of the
Anaheim Municipal Code be, and the same are hereby, amended to read as follows:
11.010 In addition to the uses permitted by the underlying zone or prohibited by this
chapter, the following buildings, structures and uses, either singly or in combination, are
permitted:
.0101 Development of mixed commercial uses with residential units above the first
floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the "C -NC"
Zone, except as amended by this chapter. For projects with mixed residential and commercial
uses, CC&Rs shall be prepared for each project.
.0102 Development of mixed commercial uses with senior citizen apartments above
the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the
"C -NC" Zone, and Chapter 18.50 (Senior Citizens Apartment Projects), except as amended by
this chapter.
.0103 Development of Boulevard Residential uses in conformance with Section
18.24..060.
.020 Development Standards. The provisions of Chapter 18.08 (Commercial Zones) shall
apply, with the following exceptions:
.0201 Building Site Requirements for Mixed -Use Developments.
.01 A minimum project site of one (1) net acre is required where mixed
commercial/residential uses are proposed.
.02 A minimum lot width of one hundred (100) feet is required where mixed
commercial/residential uses are proposed.
.03 Where above ground residential uses are proposed, no more than thirty percent
(30%) of the habitable structure may be used for non-residential uses.
0202 Structural Height and Area Limitations for Mixed Use Developments.
.01 Structure height is limited to forty (40) feet.
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.02 For any portion of a mixed use development located within fifty (50) feet of a
single-family, residentially zoned property, the maximum height shall be limited to twenty-two
(22) feet, with the exception of architectural projections, which may extend up to an additional
six (6) feet above this height limit.
.03 Tuck -under and subterranean parking are permitted in conformance with
Chapter 18.42 (Parking and Loading).
.0203 Structural Setback and Yard Requirements for Mixed -Use Developments. All
provisions of Chapter 18.08 (Commercial Zones) for the C -NC Neighborhood Center
Commercial Zone shall apply, except for the following:
.01 Structural setback shall not be required along public streets, except along public
alleys.
.02 A minimum of two hundred (200) square feet of usable recreation/leisure space
is required for each dwelling unit. Such space may be satisfied by either private balconies or
patios, roof gardens or common recreational/leisure areas, or a combination thereof. Minimum
size of a private patio or balcony is fifty (50) square feet, with a minimum dimension of five (5)
feet.
.0204 Design of Off Street Parking and Loading areas for Mixed Use Developments.
The design of the parking areas, and of the ingress and egress to the parking areas, shall be
subject to the approval of the Planning Services Manager of the Planning Department and/or his
or her designee. The parking study, or other such study as may be required by the Planning
Services Manager of the Planning Department and/or his or her designee, shall minimally
contain and address the following factors:
.01 The design and location of separate driveway entrances to the residential and
commercial portions of the project;
02 Proper identification of the separate parking entrances;
.03 Layout and design of the separate parking lots designated for residential and
commercial uses.
.0205 Number of Spaces for Mixed Use Developments. For mixed-use projects,
vehicle parking shall be provided as required by Chapter 18.34 (Parking and Loading). Parking
requirements for residential and commercial uses shall be calculated separately and satisfied
independently. Variances to permit deviation from these requirements, in terms of reduction of
required spaces through shared parking, due to the nature of a mixed-use project, may be
considered pursuant to Chapter 18.74 (Variances).
.0206 Sign Regulations for Mixed Use Developments. All provisions of Chapter 18.44
(Signs) shall apply, with the following exceptions:
O1 Freestanding signs shall be prohibited.
02 Wall signs shall be limited in area to a total of thirty (30) square feet.
.03 Each commercial business shall be limited to one (1) wall sign, with the
exception of corner locations, where one (1) sign per street frontage may be permitted."
SECTION 16.
That subsection .010 of Section 18.26.070 of Chapter 18.26 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Reclassification. Prior to conversion of any property upon which a mobile home park
exists, or upon which a mobile home park existed at any time within the preceding two years, to
another land use not otherwise permitted in this zone, the (MHP) Overlay Zone shall be required
to be removed from the property by reclassification, in accordance with the procedures and
conditions set forth in Chapter 18.76 (Zoning Amendments). Any application for a
reclassification pursuant to the provisions of this chapter shall be deemed an application for a
"change of use," for purposes of Section 798.56 (g) of the Civil Code of the State of California or
any successor provision thereto."
RF(''TTl)N 17
That subsection .010 of Section 18.30.110 of Chapter 18.30 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Parking Demand Study. Due to variations in parking demand and needs of each
planned mixed use development, vehicle parking requirements and the design of the parking
areas, including ingress and egress, shall be determined as part of the final plan review process,
based on information contained in a parking demand study prepared by a California -licensed,
independent traffic engineer, as approved by the Planning Services Manager of the Planning
Department and/or his or her designee. The parking demand study shall be prepared at the
developer's expense at the time of application for the use."
SECTION 18.
That subsection .070 of Section 18.32.030 of Chapter 18.32 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".070 Ground -Floor Uses. In order to encourage an active street life while accommodating
market demand, the ground floor facing the street shall be used for commercial uses, which may
include the non-residential portion of live/work units. The requirements of this section may be
modified by conditional use permit."
SECTION 19.
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That subsection .010 of Section 18.32.100 of Chapter 18.32 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Parking Demand Study. Due to variations in parking demand and needs of mixed-
use projects, vehicle parking requirements and the design of the parking areas, including ingress
and egress, shall be determined as part of the conditional use permit process, by the Planning
Services Manager of the Planning Department and/or his or her designee, based upon
information contained in a parking demand study prepared by a California -licensed, independent
traffic engineer, as approved by the Planning Services Manager of the Planning Department
and/or his or her designee. The parking demand study shall be prepared at the developer's
expense,—at the time of application for the use."
SECTION 20.
That subsection .010 of Section 18.36.040 of Chapter 18.36 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 "A" Use Classes.
Agricultural Crops. This use class consists of the growing of field crops, trees,
vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for
commercial purposes. The accessory retail sale of products grown on-site is also included.
Alcoholic Beverage Sales—Off-Sale. This use class consists of establishments that sell
alcoholic beverages of all types for consumption outside the building in which they are sold.
This and Alcoholic Beverage Sales—On-Sale are the only use classes that allow the sale of
alcoholic beverages. Typical uses include liquor or grocery stores and convenience markets
selling alcoholic beverages for off-site consumption.
Alcoholic Beverage Sales—On-Sale. This use class consists of establishments that sell
alcoholic beverages of all types for consumption within the building in which they are sold or in
an accessory outdoor dining area. This and Alcoholic Beverage Sales—Off-Sale are the only use
classes that allow the sale of alcoholic beverages. Typical uses include bars, wine bars, brew
pubs, and restaurants that serve alcoholic beverages.
Ambulance Services. This use class consists of establishments that offer a service of
providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is
included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to
the provisions of the Helipads use class.
Animal Boarding. This use class consists of facilities for the medical treatment,
grooming care, breeding, or overnight accommodation of more household pets than are allowed
as an accessory use to a residential use, but does not include the care, treatment, breeding or
accommodation of large animals, such as horses, sheep or hogs.
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Animal Grooming. This use class consists of facilities for the grooming of household
pets, but does not include overnight accommodation or other activities covered by Animal
Boarding or Veterinary Services.
Antennas—Broadcasting. This use class consists of transmitting antennas or transmitting
and receiving antennas used for the purpose of broadcasting radio, television or other electronic
signals.
Antennas—Private Transmitting. This use class consists of ground -mounted, amateur -
operated radio transmitting towers and/or antennas. Amateur -operated radio towers and/or
antennas that are used only for receiving signals are considered an allowed accessory use.
Antennas—Telecommunications. This use class consists of transmitting and receiving
antennas used for the purpose of relaying telephone and data transmissions.
Automated Teller Machines (ATM's). This use class consists of cash dispensing
machines that are typically located on an exterior building wall or as a stand alone facility. Such
uses are not considered a separate tenant space when associated with a commercial retail center.
Automotive—Car Sales & Rental. This use class consists of establishments for the sale,
long-term lease, or rental of new or used automobiles, motorcycles or motorized scooters,
including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease
or rent.
Automotive—Impound Yards. This use class consists of facilities used for the temporary
storage of vehicles that have been involved in accidents. It does not include the repair or
dismantling of vehicles.
Automotive—Public Parking. This use class consists of outdoor parking lots or parking
structures, either publicly or privately owned, where they are the primary use of the property and
not accessory to another use. Any parking lot used for overnight parking shall be
considered `Warehousing & Storage -Outdoors'.
Automotive—Parts Sales. This use class consists of the sale of new or reconditioned parts
used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site
installation of such parts or lubricants.
Automotive—Repair and Modification. This use class consists of services such as body
work, conversion, installation of parts, modification, painting, repair, smog check and tire
installation for automobiles and other vehicles such as boats, recreational vehicles and water -
sport vehicles. The repair of trucks is considered `Truck Repair and Sales'.
Automotive—Service Stations. This use class consists of gasoline stations, including
ancillary convenience retail and auto services. Service stations that contain any repair bays are
considered `Automotive—Repair and Modification'.
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Automotive—Washing. This use class consists of establishments providing hand -
operated, self-service, or mechanical automobile washing services, and may include detailing."
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SECTION 21.
That subsection .050 of Section 18.36.040 of Chapter 18.36 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 "E" Use Classes.
Educational Institutions—Business. This use class consists of facilities for teaching
business, technical, computer and similar subjects to adult students who pay tuition, operated by
an organization or business other than a public agency.
Educational Institutions—General. This use class consists of facilities for primary,
secondary, or adult education, including elementary, junior high, high schools, and colleges,
operated by a private entity, but excluding those classified as Educational Institutions—Business.
Educational Institutions -Tutoring. This use class consists of primary or secondary
education tutoring facilities for children to receive supplemental instruction of academic courses
on a one-on-one basis. No classrooms or group sessions are included as part of these facilities.
Equipment Rental—Large. This use class consists of facilities that rent equipment for
home repair, construction activities, industrial and office use, and other similar uses. Equipment
that is self-propelled, such as tractors and trucks, and equipment that is larger than customarily
used by a homeowner are included.
Equipment Rental—Small. This use class consists of facilities that rent equipment for
parties, minor home repair and medical equipment. Such equipment is typically stored within a
building."
SECTION 22.
That subsection .130 of Section 18.36.040 of Chapter 18.36 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".130 "M" Use Classes.
Markets—Large. This use class consists of the retail sale of fresh produce, perishable
goods, meats, seafood, packaged food products, general household goods, and beverages,
primarily for off-site preparation and consumption. Uses include supermarkets, grocery stores,
or delicatessens over fifteen thousand (15,000) square feet in size. Establishments at which
twenty-five percent (25%) or more of the gross floor area is used for sales of prepared food or
beverages for on-site or take-out consumption are classified as a restaurant use. This use class
may include accessory banking, bakery, delicatessen services and sales.
Markets—Small. This use class consists of the retail sale of fresh produce, perishable
goods, meats, seafood, packaged food products, general household goods, and beverages,
primarily for off-site preparation and consumption. Uses include small grocery stores and
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delicatessens less than fifteen thousand (15,000) square feet in size but not Women, Infant and
Children (W.LC.) stores. Establishments at which twenty-five percent (25%) or more of the
gross floor area is used for sales of prepared food or beverages for on-site or take-out
consumption are classified as a restaurant use. This use class may include accessory banking,
bakery, and delicatessen services and sales.
Medical & Dental Offices. This use class consists of the provision of medical and dental
services, colonoscopy and laser hair removal services with a licensed physician present,
acupuncture, but not including acupressure, unless in accordance with the provisions of Chapter
4.29 (Massage Establishments). Medical laboratories that serve on-site or nearby medical or
dental offices are included. Facilities providing for overnight stays are not included.
Mortuaries. This use class consists of services involving the care and preparation
of human dead other than in a cemetery. This classification does not include the on-site
interment of the dead or their remains."
SECTION 23.
That subsection .160 of Section 18.36.040 of Chapter 18.36 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".160 "P" Use Classes.
Personal Services—General. This use class consists of services and incidental sales of a
personal nature not covered by the Personal Services -Restricted use class. Typical uses include
beauty salons (including permanent facial make-up); nail salons; barbershops; diet centers; dry
cleaners; laundromats; and art, music and photography studios.
Personal Services—Restricted. This use class consists of any business activity for which a
permit is required pursuant to Chapter 4.29 (Massage Establishments), except as may be allowed
by the Medical & Dental Offices use class; any business activity for which a permit is required
pursuant to Chapter 4.31 (Figure Model Studio Establishments); tattoo parlors; saunas; and
Turkish baths.
Plant Nurseries. This use class consists of the sale and cultivation of ornamental and/or
produce -bearing trees, shrubs, and plants, including incidental sale or rental of garden and
landscape materials and small equipment. Outdoor storage of such materials and equipment is
included.
Public Services. This use class consists of administrative, clerical, direct service -related,
or public contact offices of federal, state or local government agencies, together with incidental
storage and maintenance of government vehicles. This classification includes offices and post
offices."
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SECTION 24.
That subsection .180 of Section 18.36.040 of Chapter 18.36 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".180 "R" Use Classes.
Recreation—Billiards. This use class consists of bowling alleys and facilities containing
pool or billiard tables provided for users other than the occupants/residents of the facility.
Recreation—Commercial Indoor. This use class consists of recreational and entertainment
operations taking place fully within an enclosed structure. Typical uses include amusement
arcades, bowling alleys, haunted houses, family fun centers, public dance halls, public
entertainment, including restaurants with public entertainment, movie and live -performance
theaters, studios with live audiences not classified as "Sex -Oriented Business," and any other
indoor amusement or entertainment uses not listed elsewhere.
Recreation -Commercial Outdoor. This use class consists of establishments providing
amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart
racing, horse stables, skate parks, water parks, and any other outdoor amusement or
entertainment uses not listed elsewhere.
Recreation—Low-Impact. This use class consists of low impact outdoor recreational
uses. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and
plazas.
Recreation -Swimming & Tennis. This use class consists of outdoor swim clubs and
tennis courts.
Recycling Services—General. This use class consists of large-scale waste collection
facilities as defined as a "Large Collection Facility" in Chapter 18.48 (Recycling Facilities).
This classification does not include storage of topsoil for use under an approved quarry
reclamation plan.
Recycling Services—Processing. This use class consists of a waste recycling "Processing
Facility" as defined in Chapter 18.48 (Recycling Facilities).
Repair Services—General. This use class consists of on-site repair and incidental sales of
supplies for large consumer items and business equipment, such as furniture, computers, large
appliances and home electronics, conducted within an enclosed building. This classification
includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or
industrial equipment.
Repair Services—Limited. This use class consists of on-site repair and incidental sales of
supplies for consumer items, such as small household goods, shoes, clothing, watches, cameras
and similar items, conducted within an enclosed building.
15
Research & Development. This use class consists of the research, development, and
limited production of high-technology electronic, industrial, biological, or scientific products.
Typical uses include biotechnology firms and software firms.
Restaurants—Drive-Through. This use class consists of establishments serving drinks and
food prepared on-site to patrons seated in an automobile. This classification includes all
restaurants with drive-through facilities.
Restaurants—General. This use class consists of establishments serving drinks and food
prepared on-site, which do not have drive-through facilities, and which do not serve patrons
seated in an automobile. This use class includes fast food and stand-alone bakeries.
Restaurants—Semi-Enclosed. This use class consists of establishments serving drinks and
foods, in which the activity of preparing and serving meals is conducted mainly within an
enclosed building, and which provides an accessory outdoor dining area.
Restaurants—Walk-Up. This use class consists of restaurants that serve drinks and food to
patrons who walk up to a window or counter, but that do not provide seating for the patrons
within the restaurant.
Retail Sales—General. This use class consists of establishments engaged in retail sale of
goods or provision of services not specifically listed under another use classification, and which
primarily sell specialized items, or are primarily oriented to a neighborhood and/or citywide
customer base. All sales and storage are conducted completely within an enclosed building.
This classification includes fortune-telling and stores selling clothing, hardware, art, books,
flowers, jewelry, over-the-counter and/or prescription drugs, flooring, furniture and merchandise
through the County of Orange Women, Infant and Children (W.LC.) program (provided it is not
in combination with any other use that requires a conditional use permit), as defined in Chapter
18.92 (Definitions).
Retail Sales—Kiosks. This use class consists of establishments located within temporary
or permanent freestanding structures having one or more open sides or openings, and operated
for the purpose of the retail sale of food, drink or merchandise. All storage is conducted
completely within the structure, and all sales are made from within the structure to the patron on
the outside.
Retail Sales—Outdoor. This use class consists of establishments engaged in retail sale of
goods or provision of services that require outdoor display of merchandise. This use class may
be applied with another use class that allows sales only within an enclosed building. Typical
uses include the sale of gardening tools and materials in conjunction with a home -improvement
store.
Retail Sales—Regional. This use class consists of establishments engaged in retail sale of
goods or provision of services not specifically listed under another use classification, and which
are primarily oriented toward a regional customer base. All sales and storage are conducted
completely within an enclosed building. Typical uses include large department stores, big box
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retail stores, bulk food and household goods stores, home -improvement stores, and retail sales
from warehouse -type structures.
Retail Sales—Used Merchandise. This use class consists of establishments engaged in the
retail sale of goods that have been previously owned by an actual or potential user of the goods.
This use class includes the sale of reconditioned merchandise. All sales and storage are
conducted completely within an enclosed building. Typical uses include consignment stores,
antique stores, pawn shops, and used furniture and book stores.
Room & Board. This use class consists of establishments, including boardinghouses with
or without meals, providing living accommodations for guests, on a commercial basis, for typical
stays of more than seven (7) consecutive nights, with no cooking facilities in the guest rooms.
The total number of people living in the building, including permanent residents, live-in
operators, and guests, shall not exceed fifteen (15) people. Rest homes, convalescent homes,
bed and breakfast inns and group care facilities are not included."
SECTION 25.
That new subsections .035 and .225 be, and the same are hereby, added to Section
18.36.050 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code to read as follows:
"18.36.050 ACCESSORY USE CLASSES.
The following use classes are intended to describe only those uses that are incidental to and
customarily associated with a primary use or main structure located on the same lot.
.010 Accessory Living Quarters. This use class consists of one dwelling unit per lot,
used for non-paying guests or household employees, for an allowable residence located on the
same residentially zoned lot.
.020 Agricultural Workers Quarters. This use class consists of dwellings occupied by
employees primarily engaged in commercial agricultural operations, and located on land owned
or rented by the agricultural operator. Family members of the agricultural employees may also
live in the same unit.
.030 Amusement Devices. This use class consists of fewer than five (5) amusement
devices, or any number of amusement devices that occupy twenty-five percent (25%) or less of
the public floor area of an establishment.
.035 Automated Teller Machines (ATM's). This use class consists of cash dispensing
machines that are typically located inside an existing business.
.040 Animal Keeping. This use class consists of keeping of pets and other
domesticated animals owned by occupants of the lot, and not kept for remuneration, hire or sale.
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.050 Antennas—Dish. This use class consists of circular or nearly circular antennas
used for the reception of electronic signals relayed by satellites moving through the sky.
.060 Antennas—Receiving. This use class consists of roof -mounted antennas used for
the reception of television, radio or other electronic signals from ground -mounted transmitting
antennas or relay stations.
.070 Bingo Establishments. This use class consists of establishments that offer bingo
games to the public for the purpose of fundraising for an organization.
.080 Caretaker Units. This use class consists of one dwelling unit per lot, used for the
sole purpose of providing security, maintenance or similar services for an allowable non-
residential use located on the same non -residentially zoned lot.
.090 Day Care—Large Family. This use class consists of a day care facility located in a
single-family residence, where an occupant of the residence provides care and supervision for
between nine (9) and fourteen (14) children less than eighteen (18) years of age for periods of
fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years who
reside in the home count as children served by the facility.
.100 Day Care—Small Family. This use class consists of a day care facility located in a
single-family residence, where an occupant of the residence provides care and supervision for
eight (8) or fewer children less than eighteen (18) years of age for periods of fewer than twenty-
four (24) hours per day. Children less than the age of ten (10) years who reside in the home
count as children served by the facility.
.110 Fences & Walls. This use class consists of a continuous barrier that separates,
screens, encloses or marks the boundary of a lot or development. The barrier may consist of
man-made materials, vegetative materials, earthen berms, or other natural or fabricated barrier.
.120 Greenhouses—Private. This use class consists of a greenhouse, detached from the
main dwelling and no larger than twenty percent (20%) of the main dwelling, used for gardening
purposes. An attached greenhouse is considered to be part of the main dwelling.
.130 Home Occupations. This use class consists of an occupation that is carried on in
any approved dwelling unit by the resident of the dwelling unit, and is incidental to the use of the
dwelling unit such that it does not change the residential character of the unit or neighborhood.
.140 Landscaping & Gardens. This use class consists of the noncommercial growing
of trees, shrubs, flowers, gardens and other natural planting materials, as well as the use of non -
vegetative landscaping materials.
.150 Mechanical & Utility Equipment—Ground Mounted. This use class consists of
ground -mounted mechanical or utility equipment, such as compressors, condensers, pipes used
for heating and cooling, water backflow devices, above -ground fire lines, pad -mounted
transformers, and other activities associated with and incidental to the main and accessory
building.
.160 Mechanical & Utility Equipment—Roof Mounted. This use class consists of roof -
mounted mechanical or utility equipment, such as compressors, condensers, pipes, vents, ducts,
and other activities associated with and incidental to the main building.
.170 Outdoor Displays. This use class consists of the display of merchandise outside
of an enclosed structure for the purpose of showing the merchandise to potential buyers or users.
.180 Outdoor Storage. This use class consists of overnight storage of materials or
finished products that are associated with and incidental to the primary use of the site.
.190 Parking Lots & Garages. This use class consists of open parking lots and
structures, including garages and carports, designed to be used for parking automobiles. The
overnight storage of work related vehicles used during business hours is included in this use
class.
.200 Petroleum Storage—Incidental. This use class consists of the storage of petroleum
products, such as small quantities of gasoline, oil and lighter fluid, for use on-site, but not for
resale or use off-site.
.210 Portable Food Carts. This use class consists of portable carts from which coffee,
non-alcoholic drinks, or prepared food is sold, and that are removed during the hours when the
principle use with which they are associated is not operational.
.220 Recreation Buildings & Structures. This use class consists of recreational uses
associated with residential dwellings, such as swimming pools, cabanas, dressing rooms, private
noncommercial workshops, barns, tennis and paddleball courts, play equipment, and non -
habitable tree houses.
.225 Recycling Services—Consumer. This use class consists of small-scale waste
collection facilities as defined as a "Reverse Vending Machine" and "Small Collection Facility"
in Chapter 18.48 (Recycling Facilities).
.230 Retail Floor, Wall & Window Coverings. This use class consists of the sale of
tile, floor coverings, wall coverings, and window coverings as an accessory use to a primary
permitted industrial use.
.240 Second Units. This use class consists of an attached or detached dwelling unit
providing complete independent living accommodations and facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation, that is
accessory to the primary dwelling unit on the same site.
.250 Senior Second Units. This use class consists of an attached or detached dwelling
unit providing complete independent living accommodations and facilities for one (1) or two (2)
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persons, both of whom are sixty-two (62) years of age or older, including permanent provisions
for living, sleeping, eating, cooking and sanitation that are accessory to the primary dwelling unit
on the same site.
.260 Signs. This use class consists of any device used for visual communication
intended to attract the attention of the public and that is visible from a public right-of-way or
other properties. Items of merchandise normally displayed within a show window of a business
are not included.
.270 Solar Energy Panels. This use class consists of any solar collector(s) or other
solar energy device(s) whose primary purpose is to provide for the collection of solar energy for
space heating, space cooling, electric generation, or water heating.
.280 Thematic Elements. This use class consists of non -occupiable structures that are
intended to add interest to a specific area. Examples include gateways, towers, public art
displays, monuments, fountains, sculptures, spires, and similar architectural features.
.290 Vending Machines. This use class consists of an unattended, self-service device
that, upon insertion of a coin or token, dispenses something of value, including food, beverages,
merchandise or services.
.300 Warehousing & Storage -Outdoors. This use class consists of the outdoor storage
of equipment, materials, and finished products or refuse basic to the operations of permitted uses,
other than the storage classified under the "Outdoor Storage Yards" use class."
SECTION 26.
That Section 18.38.060 of Chapter 18.38 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.38.060 ANTENNAS — TELECOMMUNICATIONS.
.010 Purpose. The purpose of this section is to provide placement, design and screening
criteria for wireless communication facilities, in order to protect the public health, safety, general
welfare and quality of life in the City of Anaheim, consistent with the policy direction in the
Anaheim General Plan, while preserving the rights of wireless communication providers.
.020 Applicability.
0201 Types of Actions. This section applies to the following:
01 New wireless communication facilities approved after the effective date of this
chapter;
.02 Additions or modifications, approved after the effective date of this chapter, to
communication facilities in existence prior to the effective date of this chapter; and
Rol
.03 Re -approvals, after the effective date of this chapter, of wireless
communication facilities due to expiration, suspension, revocation or other lapse of prior
approval.
.0202 Exemptions. The following facilities are exempt from the provisions of this
section:
.01 Communications systems of any Federal, State or local government agency
charged with maintaining the national defense, public health, safety, and welfare or disaster
control;
.02 Residential skeletal -type antenna systems designed to receive UHF, VHF, AM,
and FM broadcast transmissions from radio and television stations, subject only to height limits
of the zone in which erected;
.03 Unobtrusive, ground -plane -designed, ham- or citizens' -band -radio antennas,
subject to proper Federal Communication Commission (FCC) licensed operation for such radio
service stations and installation pursuant to FCC standards;
.04 Telecommunications systems placed underground in vaults shall not be subject
to locational criteria;
.05 Telephone and television cable facilities, other than antenna, call boxes and
booths located within public rights-of-way in prescribed easements for such purpose;
.06 Antenna systems regulated by the FCC with respect to heights, provided such
antennae do not pose a safety threat; and
.07 Satellite -dish antennas of two (2) meters or less in diameter in
commercial/industrial areas, and satellite -dish antennas and Multipoint Distribution Service
(MMDS) antennas of one (1) meter or less in residential zones, except such antennas shall
comply with City safety requirements.
.030 Definitions. For purposes of this section, the following words, terms and phrases
shall have the following meanings:
.0301 "Antenna." A device used in communications which radiates and/or receives
any radio or television signals for commercial purposes, including, but not limited to,
commercial cellular, personal communication service, wireless modem signals, and/or data radio
signals. "Antenna" shall not include any noncommercial satellite dish antenna or any antenna
utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception
purposes.
.0302 "Building -Mounted." Mounted to the side, facade or roof of a building; or
mounted upon or to the side of another facility or structure such as water tanks, church steeples,
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clock towers, freestanding signs, sports field lighting, utilities transmission towers, or similar
structures.
.0303 "Cellular." An analog or digital wireless communication technology that is
based on a network of interconnected receiving and transmitting sites or stations.
.0304 "Co -location." The placement or installation of wireless telecommunication
facilities, including antennas, and related equipment, on existing structures such as water tanks,
church steeples, towers, and buildings upon which wireless telecommunication facilities and
equipment already exist.
.0305 "Ground -Mounted." Mounted to a pole, monopole, tower or other similar
freestanding facility, or structure, that is specifically constructed for the purpose of supporting an
antenna.
.0306 "Monopole." A structure composed of a single pole used to support antennas or
related equipment.
.0307 "Mounted." Attached or supported.
.0308 "Multipoint Distribution Service." A microwave communication service that
delivers video programming directly to subscribers, including multi -channel multipoint
distribution services, instructional television fixed services, and local multipoint distribution
services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996,
Section 1.4000 of Title 47 of the Code of Federal Regulations, and any interpretive decisions
thereof issued by the Federal Communications Commission.
.0309 "Personal Communication Services." Any form of commercial communications
service utilizing digital wireless radio communication technology, having the capacity for
multiple communications services and the routing of calls to individuals, regardless of
location. "Personal Communication Services" shall also mean and include personal wireless
services, as defined in Section 704 of the Telecommunications Act of 1996.
.0310 "Roof -Mounted." Mounted above the eave line of a building.
.0311 "Search Ring." The area of service deficiency within which a new facility is
proposed to address the network deficiency.
.0312 "Stealth Facility." A wireless communication facility that is disguised to appear
as a natural object including a monopalm, monopine, flag pole or ball field light or part of an
existing man-made object or structure, which is designed to blend into the surrounding
environment or which is concealed within or architecturally integrated into a building or other
concealing structure.
.0313 "Wireless Communication Facility." A facility consisting of any commercial
antenna and/or other related equipment, or combination thereof, necessary to the transmission
22
and/or reception of any radio or television signals for commercial purposes, including but not
limited to, commercial cellular, personal communication service, wireless modem, and/or data
radio communications, and which has been granted a certificate of public convenience and
necessity, or a wireless registration number by the California Public Utilities Commission, or
otherwise provides commercial wireless communications services to the public. "Wireless
Communication Facility" does not include any radio or television facility that is exempt from
local regulation pursuant to state or federal law.
040 Locational Standards.
.0401 Wireless communication facilities shall be co -located where technologically
feasible and visually beneficial. Facilities that are not proposed to be co -located shall provide a
written explanation why the facility is not a candidate for co -location.
.0402 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.
.0403 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.
.0404 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.
.0405 In multiple -family residential zones, no wireless communication facility shall be
installed on the roof of a except as specifically provided in subsections 18.38.060.030 and
18.38.060.060 pertaining to building -mounted wireless communication facilities.
.0406 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.
.0407 The only wireless communications facilities allowed in single-family residential
zones is sports field lighting located on publicly owned parks or golf courses.
.0408 A wireless communications facility shall not be permitted on property with a
transitional zone designation where the existing use is single-family or multiple- family.
.0409 Ground -mounted wireless communications facilities shall not be permitted in
any zone, except for stealth facilities as defined in subsection .030, above.
23
050 Design Standards.
.0501 All wireless communication facilities shall be designed to minimize the visual
impact to the greatest extent feasible, considering technological requirements, by means of
placement, screening, and camouflage, to be compatible with existing architectural elements and
building materials, and other site characteristics. The shortest, smallest and least visible antennas
possible shall be used to accomplish the coverage objectives.
.0502 All screening used in connection with a building -mounted wireless
communication facility shall be compatible with the architecture, color, texture and materials of
the building or other structure to which it is mounted.
.0503 Facilities/antennas shall be integrated, to the extent practical, into existing or
newly developed facilities that are functional for other purposes.
.0504 Antennas and other parts of wireless communication facilities shall be of non -
reflective, glare reducing materials. Colors and materials for facilities shall be chosen to
minimize visibility. Facilities shall be painted or textured using colors to match or blend with
the primary background.
.0505 Lightning arresters and beacon lights shall not be included in the design of
wireless communication facilities unless required by the Federal Aviation Administration
(FAA). Lightning arresters and beacons shall be included when calculating the height of
facilities such as towers and monopoles.
.0506 Wireless communication facilities shall not bear any signs or advertising devices
other than certification, warning, or other required seals or required signage.
.0507 Whip antennas and microwave dish antennas shall be integrated into the design
of the structure and/or fully screened from public view.
.0508 Accessory support facilities, such as electrical cabinets and equipment rooms,
shall be placed within an interior space of the existing building, underground, within a
landscaped planter within the existing parking lot, or on the rooftop of the existing building.
Support facilities shall be designed to match the architecture of adjacent buildings and/or
screened from public view by walls, fences, parapets, landscaping and similar treatments. Any
trees removed within landscaped areas shall be replaced and landscaping shall be compatible
with surrounding landscaping and shall be of a type and variety capable of screening all or a
portion of the facility as approved by the Planning Director.
.0509 All wireless communication facilities shall be designed so as to minimize, and
be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other
activities which would result in hazardous conditions, visual blight, or attractive nuisances.
24
.0510 No chain link fence is permitted in association with any wireless communication
facility except in industrial zones where the fence is not visible to the public right-of-way or
adjacent non -industrial zone.
.0511 The height of the wireless communication facility shall not exceed the height
limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional
use permit; provided, however, that in the "(SC)" Overlay Zone the height of a stealth facility
may exceed the height limit up to a maximum of ten percent (10%) without a conditional use
permit. The following findings shall be adopted when approving a conditional use permit that
increases the allowable height:
.01 Review alternative shall be provided to staff, including but not limited to
additional and/or different locations and designs, and has determined that the application as
approved would have a lesser impact on the aesthetics and welfare of the surrounding
community as compared to other alternatives;
.02 Based on the evidence presented, the additional height above the maximum
building height for the applicable zone is reasonably necessary for collocation of facilities or for
the efficient operation of the proposed facility; and
03 Any negative impacts of the proposed facility are properly mitigated.
.0512 Any proposed monopalm or monopine shall be designed to blend into the
surrounding environment by the presence of other palm trees or pine trees. There shall be a
minimum of three (3) live trees provided in close proximity to the antenna. Trees shall be a
minimum thirty-six inch box in size or a minimum of 18 to 20 feet in brown trunk height at the
time of planting. A site/landscaping plan shall be provided showing the specific placement of
existing structures, trees, and other significant site features; and indicating type and locations of
plant materials proposed to be used to screen wireless communication facility components and
the proposed color(s), and types of material proposed for the wireless communication facility.
.060 Operational Standards.
.0601 General. All wireless communication facilities shall be erected, located,
operated and maintained at all times in compliance with this section and all applicable City, State
or Federal laws and regulations.
.0602 Radio Frequency Emissions Compliance. All wireless communication facilities
shall comply with the federal requirements relating to radio frequency emissions and maximum
exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310
and 2.1093, as those sections may be amended from time to time.
.070 Application Submittal Requirements. In addition to other application submittal
requirements that are imposed by this title, the following shall be submitted with any application
for a telecommunications antenna review permit
25
.0701 Photo simulations accompanied by a map indicating the location from which
each image was taken.
.0702 A site and landscaping plan showing the specific placement of existing
structures, trees, and other significant site features; and indicating type and location of plants
proposed to be used to screen wireless communication facility components, and the proposed
color(s) for the wireless communication facility.
.0703 Plans showing how connections to utilities will occur, the ownership of those
utilities, and any proposed right-of-way encroachments or easements.
.0704 Plans showing the search ring for the proposed facility.
.0705 Plans showing how vehicle access will be provided.
.0706 A description of services proposed to be offered in conjunction with the proposed
facility.
.0707 A justification study indicating the rationale for selection of the proposed site, in
view of the relative merits of any feasible alternative site within the service area. This study
shall also include the applicant's master plan, which indicates the proposed site in relation to the
provider's existing and proposed network of sites within the City and surrounding areas,
including a map and narrative description of each site. For modifications or alterations to
existing facilities, the applicant may be required to submit a justification study limited to the
need to modify, alter or expand the facility.
.0708 A co -location study examining the potential for co -location at an existing site. A
good faith effort in achieving co -location shall be required of all applicants. Applicants who
propose facilities that are not co -located with another telecommunication facility shall provide a
written explanation why the subject facility is not a candidate for co -location.
.0709 At the discretion of the Planning Director, the applicant may be required to
provide an authorization to permit the City to hire an independent, qualified consultant to
evaluate any technical aspect of the proposed telecommunication facility, including but not
limited to, potential for interference with existing or planned public safety emergency response
telecommunication facilities, or analysis of feasibility of alternate screening methods or devices,
or alternate (more suitable) locations. Any authorization for this purpose shall include an
agreement by the applicant to reimburse the City for all reasonable costs associated with the
consultation. Any proprietary information disclosed to the City or the consultant is deemed not
to be a public record, and shall remain confidential and not be disclosed to any third party
without the express consent of the applicant.
.080 Application Processing. Applications requiring a telecommunications antenna review
permit shall be processed in accordance with Chapter 18.62 (Administrative Reviews)
26
.090 Conditions of Approval. All facilities permitted by a telecommunications antenna
review permit shall be subject to the following conditions of approval.
.0901 That the telecommunications facility shall be limited to the design as specifically
identified on the approved plan. Said information shall be specifically shown on plans submitted
for building permits. No additional antennas or equipment cabinets shall be permitted without
the approval of the Planning Services Manager of the Planning Department and/or his or her
designee.
.0902 That the portion of the property being leased to the telecommunication provider
shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours
from time of occurrence.
.0903 That no signage, flags, banners or any other form of advertising shall be attached
to the antennas, the transmission tower structure or the accessory equipment building.
.0904 That all equipment, including supply cabinets and power meter shall be screened
from public view as required by the Community Services Department (if located on a
municipally -owned park or golf course) and the Planning Department. Furthermore, clinging
vines shall be planted adjacent to the equipment enclosure in order to screen any wall associated
with the facility and prevent graffiti.
.0905 That all final plans for this telecommunication facility including the antennas
and ground -mounted equipment enclosure shall be reviewed and approved by the Community
Services Department (if located on a municipally -owned park or golf course).
.0906 That the telecommunications equipment operator shall ensure that its installation
and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the
City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes.
.0907 That before activating its facility, the telecommunications equipment operator
shall submit to a post- installation test to confirm that the facility does not interfere with the City
of Anaheim's Public Safety radio equipment. This test shall be conducted by the
Communications Division of the Orange County Sheriff's Department or a Division -approved
contractor at the expense of the telecommunications equipment operator.
.0908 That the telecommunications equipment operator shall resolve all interference
complaints within twenty-four (24) hours.
.0909 That the telecommunications equipment operator shall provide a single point of
contact in its Engineering and Maintenance Departments to ensure continuity on all interference
issues. The name, telephone number, fax number and e-mail address of that person shall be
provided to the Planning Services Division.
27
.0910 That the telecommunications equipment operator shall ensure that any of its
contractors, sub -contractors or agents, or any other user of the facility, shall comply with the
terms and conditions of this permit.
100 Removal.
.1001 Lawfully erected wireless communication facilities that are no longer being used
shall be removed promptly from the premises, and no later than three (3) months after the
discontinuation of use, except as otherwise provided by law. A wireless communication facility
is considered abandoned if it ceases to provide wireless communication services for thirty (30) or
more days. Such removal shall be in accordance with proper health and safety requirements and
all ordinances, rules and regulations of the City. The wireless communication provider shall send
to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the
notice is sent to the regulatory agencies.
.1002 All facilities determined to be abandoned and not removed within the required
three (3) -month period from the date of notice shall be in violation of this section, and operators
of the facility and the owners of the property shall be subject to penalties for violations under the
enforcement and penalties provisions of this title. The City may remove all abandoned facilities
following the three (3) -month removal period at the operator's expense. Facilities removed by
the City shall be stored for no less than fifteen (15) days and thereafter be disposed of by public
auction, if deemed to be of value by the City, or otherwise as permitted by law.
.110 Nonconformities. Wireless communication facilities shall comply with the provisions
of Chapter 18.56 (Nonconformities)."
SECTION 27.
That new Section .065 be, and the same is hereby, added to Chapter 18.38 of Title
18 of the Anaheim Municipal Code, to read as follows:
"18.38.065 AUTOMOTIVE —CAR SALES, RETAIL OR WHOLESALE (OFFICE USE
ONLY).
.010 Automotive —Car Sales, Retail or Wholesale (Office Use Only) shall comply with
the following provisions:
0101 Maximum one (1) display space permitted for the business.
.0102 No flags or banners are permitted on the vehicle except for one State required
posting (Federal Trade Commission Buyer's Guide).
.0103 Vehicular servicing, repair, detailing, rental and washing are not permitted in
conjunction with an automotive sales agency office.
W
.0104 The storage of automobiles beyond one display space is prohibited.
.020 Prohibited Uses. Automotive — Car Sales, Retail or Wholesale offices, including
Internet sales, are prohibited within industrial zones that do not allow Offices as a permitted
primary use unless a conditional use permit is obtained in compliance with Section 18.66."
SECTION 28.
That subsection .040 of Section 18.38.130 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 No more than a single vehicle used primarily in the conduct of the home
occupation may be parked or stored on the public street or anywhere on the subject property
other than in an enclosed garage. That single vehicle shall have a weight not in excess of ten
thousand (10,000) pounds "gross vehicle weight rating" and dimensions that do not exceed eight
(8) feet in total outside width, or seven (7) feet in height, or twenty-one (21) feet in bumper -to -
bumper length. Commercial vehicles used in the home occupation that are parked or stored on
the premises shall not be visible from any public street or right-of-way. For purposes of this
section, a "Commercial Vehicle" is defined as a vehicle with commercial license plates that is
not designed and used for recreational and domestic purposes."
SECTION 29.
That subsection .050 of Section 18.38.160 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Exception. Setback and screening requirements for public utility equipment may be
modified by the Planning Director and Public Utilities Director or his/her designee for life safety
and/or access reasons, or as otherwise established by guidelines adopted by the City."
SECTION 30.
That new subsection .040 be, and the same is hereby added to Section 18.38.170
of Chapter 18.38 of Title 18 of the Anaheim Municipal Code, to read as follows:
".040 Exceptions
.0401 Solar energy (i.e., photovoltaic) panels shall not be subject to the screening
requirements described in Section 18.38.170. However, accessory power equipment associated
with these systems shall be fully screened.
.01 Panels shall be installed parallel with the roof surface with no more than an eight
(8) inch clearance between the bottom of said panel and the roof. Solar energy panels shall be
facing south, slightly southwest or slightly southeast.
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.0402 A site plan of the property with the proposed location of the panel system, and a
copy of the framing and mounting details indicating the method of attachment shall be submitted
for review and approval to the Business and Community Programs Division of the Public
Utilities Department and the Planning Services Manager of the Planning Department prior to
issuance of building permits."
SECTION 31.
That subsection .060 of Section 18.38.230 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Prohibited Locations. Second Units are not permitted in any area of the City
identified, by resolution of the Planning Commission and/or City Council, as being significantly
impacted by insufficient capacity for sewers, traffic circulation, public utilities or similar
infrastructure needs."
SECTION 32.
That new paragraph .1004 be, and the same is hereby, added to subsection .100 of
Section 18.38.230 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as
follows:
".100 Parking. Parking for the Second Unit, shall be provided as follows, in addition to the
parking required for the main dwelling unit and in accordance with Chapter 18.06 of the
Municipal Code:
.1001 One (1) off-street space shall be provided for an efficiency unit or one -bedroom
Second Unit; and
.1002 Two (2) off-street spaces shall be provided for a two-bedroom Second Unit.
.1003 If the parking for the Second Unit is provided in a garage that also provides
parking for the main dwelling unit, the space(s) shall be for the exclusive use of the Second
Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a
wall or other permanent barrier, and shall have a separate or independent garage door.
.1004 For second units proposed within an identified parking deficient area, one (1)
additional off-street parking space (per second unit) shall be provided in addition to the number
required in subparagraphs .1001 and .1002 above."
SECTION 33.
That subsection .020 of Section 18.40.090 of Chapter 18.40 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
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".020 Study Required. A noise level analysis shall be performed for any new residential
development or subdivision to determine the projected interior and exterior noise levels within
the development. The study shall include mitigation measures that would be required to comply
with applicable City noise standards, as identified in this section. The study shall be provided by
the applicant, at its sole expense, to the City at the time of application for development of the
residential development or subdivision."
SECTION 34.
That subsection .010 of 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:
11.010 General. Residential off-street parking requirements for motor vehicles, trailers,
campers, boats, or other mobile equipment 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 the applicable Engineering Standard Details pertaining to off-street parking
dimensions.
.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 Planning Services Manager of the Planning Department and/or his
or her designee.
.0107 Required parking spaces shall be maintained and available for the parking of
operable vehicles"
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SECTION 35.
That subsection .010 of Section 18.42.040 of Chapter 18.42 of Title 18 of the
Anaheim Municipal Code be, and the same are hereby, amended to read as follows:
".010 Parking Spaces. Non-residential off-street parking requirements for automobiles and
other vehicles shall be determined by the type of use (use class) associated with the property.
Table 42-A (Non -Residential Parking Requirements) specifies the number of parking spaces for
each non-residential use, regardless of the zone district in which the use is located.
.0101 For uses not listed, parking requirements may be those determined to be
reasonably necessary by the Planning Services Manager of the Planning Department and/or his
or her designee. The Planning Services Manager of the Planning Department and/or his or her
designee may require a parking study in order to make this determination.
.0102 Except as expressly provided in this section, within a business unit containing
more than one (1) use class, the minimum number of parking spaces shall be based on the use
class with the highest parking requirement. If a combination of parking ratios applies, the
number of required spaces shall be the sum total of the requirements for each type of use
established.
.0103 For purposes of interpretation of this section, "GFA" shall mean gross floor area
of buildings as measured from exterior wall to exterior wall.
.0104 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.
.0105 If the GFA upon which the number of parking spaces is based is less than one
thousand (1,000) square feet (or other unit of measurement as designated herein), the minimum
number of required spaces shall be prorated in direct proportion to the minimum number of
spaces required for each one thousand (1,000) square feet (or other unit of measurement
designated herein). Such proration shall also apply in instances where a division of such
applicable unit of measurement into the GFA produces a quotient of other than a whole number.
.0106 Except as otherwise expressly provided in this chapter, any employee parking
space requirements shall be based on the maximum number of employees present at any given
time.
.0107 Except as otherwise expressly provided in this chapter, all parking spaces shall
conform to the applicable Engineering Standard Details pertaining to minimum off-street parking
dimensions.
.0108 If a parking demand study is required by Table 42-A (Non -Residential Parking
Requirements) due to the unique nature of the use, the parking requirements shall be determined
by the Planning Services Manager of the Planning Department and/or his or her designee and/or
the Planning Commission based on information contained in a parking demand study prepared
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by an independent traffic engineer. The study shall be provided by the applicant, at its sole
expense, to the City at the time of application for such use."
SECTION 36.
That new paragraph .0101 be, and the same is hereby, added to subsection .010 of
Section 18.42.070 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code, to read as
follows:
".010 Layout and Design. All off-street parking areas shall be designed and improved in
compliance with the provisions of the applicable Engineering Standard Details pertaining to
minimum off-street parking dimensions; provided, however, that where it can be shown that
unusual site conditions or topography require modification in the off-street parking area
standards to permit reasonable development of such property, such modifications may be
approved by the Planning Services Manager. Such modifications shall be limited to matters of
layout and design of the parking area and in no case shall result in a reduction of the minimum
number of off-street parking spaces required by this chapter.
.0101 Mechanical Parking Lifts and Automated Parking Systems. The use of
mechanical parking lifts or automated parking systems for vertical parking/storage of vehicles
may be allowed subject to the following requirements:
.01 When completely enclosed within a building or structure, mechanical lifts and
associated equipment shall be considered garages and shall comply with the setback and height
requirements of the underlying zone, and shall be consistent in design and materials with the
primary structure(s) on site.
.02 Mechanical parking systems that are not completely enclosed within a
building or structure shall be limited to systems with one vehicle parked at grade and one raised
vehicle and shall not be located within any required landscape or structural setback area, except
as provided in subparagraph .05, below.
.03 For the purposes of this section, parking spaces located in an automated
parking system shall not be considered tandem parking spaces. In residential developments each
space in an individual, elevated parking system shall be assigned to the same dwelling unit.
.04 Automated parking systems, whether enclosed, partially enclosed or open,
shall not be located within any required landscape or structural setback area adjacent to a single-
family residential zone or use.
.05 Existing, legal non -conforming carports or at -grade parking spaces that
encroach into a required setback area may be converted to vertical parking use provided the
mechanical lifts and associated equipment are screened from adjacent properties through the use
of landscaping or other screening device that is architecturally compatible with the primary
structure(s) on site. This provision does not apply to non -conforming parking spaces located
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within a required street setback area or parking spaces located within required landscape or
structural setbacks adjacent to a single-family residential zone or use.
.06 Open, or partially enclosed parking systems shall not be allowed in any
single-family residential zone.
.07 Open, unenclosed parking systems and associated equipment shall be fully
screened, as viewed from adjacent public rights of way, through the use of landscaping or other
screening devices that are architecturally compatible with the primary structure(s) on site.
.08 Prior to approval of use of any mechanical or automated parking system, a
Final Site Plan Review Application shall be submitted for approval by the Planning Director as
provided for in Section 18.70 (Final Plan Reviews).
.09 In existing parking lots, where fewer parking spaces are provided than
required by Chapter 18.42 (Parking and Loading), the number of at grade spaces shall not be
reduced, and no fees may be charged for existing spaces, including the at grade space located
within a vertical lift system."
SECTION 37.
That subsection .010 of Section 18.42.110 of Chapter 18.42 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 General. Except as otherwise expressly provided herein, variances from any of the
requirements of this chapter relating to the minimum number of required parking spaces shall be
processed in accordance with the procedures set forth in Chapter 18.60 (Procedures) and Chapter
18.74 (Variances); provided, however, that any petition for a variance shall be accompanied by a
parking study prepared by an independent traffic engineer licensed by the State of California.
For variances which do not exceed ten percent (10%) of the requirements of this chapter or for
uses which require thirty (30) or fewer parking spaces, a study as approved by the Planning
Services Manager of the Planning Department and/or his or her designee, but need not be
completed by an independent licensed traffic engineer, shall be provided at petitioner's sole
expense. Notwithstanding the requirements of Chapter 18.74 (Variances), a variance shall be
granted upon a finding by the Zoning Administrator, Hearing Officer, Planning Commission or
City Council that the evidence presented shows that all of the following conditions exist:
.0101 That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use;
.0102 That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use;
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.0103 That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly provided as parking for such use
under an agreement in compliance with subsection 18.42.050.030 (Non -Residential Uses—
Exception);
.0104 That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use; and
.0105 That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use."
SECTION 38.
That new subsection .570 be, and the same is hereby, added to Section 18.44.030
of Chapter 18.44 of Title 18 of the Anaheim Municipal Code, to read as follows:
".570 "Window Sign" means any words, picture, symbol, brand name, business name logo
or combination thereof, designed to communicate information about an activity, business,
commodity, event, sale, or service, that is applied or attached to a window or located within five
(5) feet of the inside of a window in a manner that it can be seen from the exterior of the
structure."
SECTION 39.
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 readerboard signs subject to the limitations of Sections
18.44.080 (Freestanding and Monument Signs — General), 18.44.090 (Freestanding and
Monument Signs in Non -Residential Zones) and 18.44.100 (Freeway- Oriented On -Site Signs)
for the following uses:
.01 Recreational — Commercial Indoor as set forth in subsection .180 ("R" Use
Classes) of Section 18.36.040 (Non -Residential Primary Use Classes);
02 Recreational — Commercial Outdoor facilities of recognized regional significance;
03 Theaters;
04 Hotels and Motels with a minimum site area of four (4) acres;
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.05 Educational Institutions — General, which facility is the sole user of the site;
.06 Automobile dealership, which automobile dealership is the major tenant of a
minimum (3) acre site;
07 Commercial retail center with a minimum site area of twenty-five (25) acres; or
.08 Community and Religious Assembly, which facility is the sole user of the site.
0102 Regional guide signs.
.0103 Freeway -oriented signs, subject to the procedures and standards set forth in
Section 18.44.100.
.0104 Murals visible from public right-of-ways.
.0105 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 40.
That Section 18.46.040 of Chapter 18.46 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.46.040 REQUIRED LANDSCAPING - SHRUBBERY AND GROUNDCOVER.
Shrubbery, vines and groundcover shall be provided , as specified in this section and in the
landscape plan described in Section 18.46.080 (Required Landscaping — Landscape Plans). A
minimum of fifty (50%) percent of required shrubbery, vines and ground cover shall be drought
tolerant.
.010 Shrubbery. Fifty percent (50%) of all required shrubs and similar plants shall be a
minimum size of five (5) gallons at time of planting.
.020 Groundcover. Live groundcover shall be planted and maintained where shrubbery is
not sufficient to cover exposed soil. Mulch may be used in place of groundcover where
groundcover will not grow or where groundcover will cause harm to other plants.
.030 Groundcover Spacing. Groundcover plants should be planted at a density and
spacing necessary for them to become well established within eighteen (18) months.
.040 Mixture of Landscape Plants. Within required landscaped areas, a minimum fifteen
percent (15%) shall be planted with live groundcover (excluding turf), and a minimum ten
percent (10%) shall be planted with shrubs.
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.050 Layering in Landscape Bands. A hierarchy of plants — from low groundcover and
turf at the front of a property, to medium high shrubs farther back, to higher trees near the
building setback — shall be considered to create depth and interest, and to highlight building
entrances. This "layering" of landscaping shall include bands of plants of varying width, height
and color. The use of a landscaped earthen berm may be substituted for low groundcover. A
coordinated landscape plan may be provided in place of layering, provided that it presents an
integrated theme.
.060 Drive-through Restaurants. Drive-through restaurants shall have additional
landscaping to screen the drive-through lane and other features, such as the back of the menu
board (if visible off-site) and the trash enclosure. A dense hedge and/or hedge and berm, with or
without a landscaped wall, no less than three (3) feet in height, shall be installed around such
features and elsewhere on the site where landscape screening is required.
.070 Turf. The amount of area planted with turf in non-residential developments shall be
limited because of its relatively high water consumption"
SECTION 41.
That subsection .010 of Section 18.46.050 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Mulch. A minimum of three (3) inches of mulch shall be added (in non -turf areas)
to the soil surface and permanently maintained to enhance moisture retention and minimize
evaporation. Nonporous material shall not be placed under the mulch."
SECTION 42.
That new Section 18.46.055 be, and the same is hereby, added to Chapter 18.46 of
Title 18 of the Anaheim Municipal Code, to read as follows:
"18.46.055 ARTIFICIAL TURF STANDARDS.
The use of artificial turf, as defined in Section 18.92.040, shall be permitted as follows:
.010 Setback and percentage requirements. The design and installation of all new turf and
artificial turf areas shall comply with the following requirements:
.0101 In single family attached or detached, and multiple -family residences. Artificial
turf may replace natural turf in front, side, and rear yards, but must meet minimum and
maximum percentage requirements found below:
.0102 The quantity of artificial turf that may be installed shall be determined in
combination with all other natural non -turf materials so that the total of artificial turf may not
exceed fifty percent (50%) of said site's landscape area.
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.020 Artificial Turf Design/ Quality Standards.
.0201 Materials. Artificial turf shall be of a type known as cut pile infill and shall be
manufactured from polypropylene, polyethelene, or a blend of polypropylene and polyethleyene
fibers stitched onto a polypropylene or polyurethane meshed or hole -punched backing. Hole -
punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed
four inches by six inches on center.
.0202 Installation. Artificial turf shall be installed over a compacted and porous road
base material and shall be anchored at all edges and seams. Seams shall be glued and not sewn.
An infill medium consisting of ground rubber, ground coal slag, clean washed sand and ground
rubber, or other approved mixture shall be brushed into the fibers to insure that the fibers remain
in an upright position and to provide ballast that will help hold the turf in place and provide a
cushioning effect. Artificial turf must consist of pile fibers a minimum height of 1-3/4" and a
proper drainage system shall be installed underneath the turf to prevent excessive run-off or
pooling.
.0203 Slope Restrictions. The installation of artificial turf on slopes greater than six point
six percent (6.6%) shall require the approval of the City Engineer and shall meet requirements of
the Public Works Department.
.0204 General Appearance. Artificial turf shall be installed and maintained to effectively
simulate the appearance of a well-maintained lawn. The Planning Department shall maintain and
make available for public inspection a sample of various artificial turf products that meet this
standard of appearance.
.030 Prohibited uses. The use of indoor or outdoor plastic or nylon carpeting as a
replacement for artificial turf or natural turf shall be prohibited."
SECTION 43.
That subsection .020 of Section 18.46.080 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Features. The landscape plan shall be drawn on project base sheets, at a scale that
accurately and clearly identifies the following:
.0201 Landscaped areas having plants with similar water scheduling, valve and quantity
needs. These areas may be irrigated or non -irrigated;
0202 Spacing and quantities of each group of plants;
0203 Property lines and street names;
.0204 Pools, ponds, water features, fences and retaining walls;
.0205 Existing and proposed buildings and structures, parking areas, site and building
entrance points, type of site paving, sign structures, perimeter fencing, trash enclosure and
receptacle locations, and any additional site amenities;
0206 Natural features, including but not limited to, rock outcroppings and existing
trees;
.0207 Representation or description of type of tree staking, in such detail as required by
the City Forester; planting notes identifying methods for soil preparation, including depth,
fertilizer, protective methods for landscaping, paving, contractor guarantee, and other applicable
planting and installation details;
.0208 A breakdown of the site area devoted to various types of landscaping (ground
cover, shrub areas, turf, artificial turf and the total square footage in landscaping, and the
setbacks and spacing of trees);
0209 Landscaping and irrigation protection measures (i.e., bollards, tire stops, curbs);
.0210 Landscape screening of outdoor uses, as required by Section 18.46.110
(Screening, Fences, Walls and Hedges)."
cFCTION dd
That Section 18.46.100 of Chapter 18.46 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.46.100 ALL VEGETATION.
All vegetation, including required landscaping, shall comply with the provisions of this
section.
.010 Preventing Structural Damage. Trees that have a shallow root system that may
damage nearby structures, such as foundations, walls and sidewalks, shall be avoided. A root
barrier at least twenty-four (24) inches deep shall be used for any tree planted less than five (5)
feet from sidewalks, paved areas, and other structures potentially subject to root damage.
.020 Tree/Landscaping Interference. Trees or other landscaping shall not be planted or
maintained in locations where the variety or size of the tree or plant will cause it to interfere with
vehicular or pedestrian travel or with overhead utility lines and/or other public improvements.
.030 Annoying Flowers and Fruits. Trees or other plants that produce flowers or fruit shall
not be placed where the flowers or fruit will cause a nuisance or hazard.
.040 Shrub Height. Shrubs and similar plants near driveways shall be selected and
maintained so as not to exceed three (3) feet in height within seven (7) feet from the adjacent
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public right-of-way unless a greater height is approved by the City Traffic and Transportation
Manager if he/she determines that the plant material does not impact line -of -sight visibility of an
adjacent fence or wall.
.050 Landscaping Setbacks in Front Yard. Live landscaping shall occupy no less than fifty
percent (50%) of required front yards for single-family homes. Conversion of landscaped front
yards into driveways that would reduce the landscaped areas to less than fifty percent (50%) is
prohibited without the approval of the Planning Director. Bark chips, mulch, gravel, pavers and
stones shall not be counted as landscaping.
.0501 Artificial turf in compliance with Section 18.46.055 (Artificial Turf Standards)
may be utilized for a maximum of fifty percent (50%) of the required front landscaping.
.060 Planting on Slopes. Landscaping on hillside areas, as defined in Section 17.06.020
(Definitions), shall comply with the provisions of Section 17.06.132 (Slope Planting
Categorization) and other applicable sections of Chapter 17.06 (Grading, Excavations and Hills
in Hillside Areas) of the Anaheim Municipal Code."
SECTION 45.
That Table 46-A (Required Fences and Walls) and Table 46-B (Permitted Fences
and Walls) of subsection .020 of Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "F" attached
hereto and incorporated herein by this reference.
cFCTION 46
That subsection .040 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 Residential Areas Adjacent to Major Rights -of -Way. In residential zones, any wall
or berm required by Section 18.40.090 (Sound Attenuation for Residential Properties) adjacent to
a freeway, railroad right-of-way, major and primary arterial highway, highway or toll road shall
be constructed either along and adjacent to the property line separating such development from a
freeway, arterial highway, toll road, or at the top of the slope adjacent to the freeway or toll road,
as determined by the Planning Director. The following provisions apply.
.0401 The top of the wall or berm shall be a minimum of six (6) feet above the
elevation of the building pad of the dwelling units closest to the freeway, arterial highway, or toll
road, regardless of whether the wall or berm is constructed on the property line or at the top of
the slope.
.0402 Where required walls or berms are constructed at the top of any slope that is not
the property line, maintenance access openings to the slope area shall be provided in the wall or
berm.
.0403 On corner and reverse corner lots formed by the intersection of residential streets
with arterial highways, the minimum six (6) foot high wall or berm permitted along the rear lot
line adjacent to the arterial highway may be extended, along the side lot line adjacent to the
residential street to the required front setback line, subject to line -of -sight visibility requirements
as determined by the City Traffic and Transportation Manager.
.0404 A minimum five (5) foot landscaped setback shall be provided adjacent to the
wall for screening from the public right-of-way."
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SECTION 47.
That new subparagraph .06 be, and the same is hereby, added to of paragraph
.0501 of subsection .050 of Section.18.46.110 of Chapter 18.46 of Title 18 of the Anaheim
Municipal Code read as follows:
".050 Permitted Use of Chain Link Fencing.
.0501 Chain link fencing, with or without slats, that is visible from the public right-of-
way (excluding alleys) shall be prohibited, with the exception of the following:
.01 Chain link fencing may be used abutting a railroad right-of-way, as set forth in
subsection .0502 below.
.02 Chain link fencing may be used for certain types of outdoor storage, as set forth
in subsection .090 below.
.03 Chain link fencing may be used around the site boundary of a vacant lot,
construction site or abandoned structure in any residential zone, provided it does not exceed a
height of six (6) feet. Within non-residential zones, chain link fencing may be used around the
site boundary of a vacant lot or construction site, provided it does not exceed a height of eight (8)
feet. Chain link fences surrounding vacant lots and construction sites shall be maintained by the
property owner in a good and safe condition. Screening applied to vacant lots shall be of colors
and materials compatible with buildings on adjacent lots, and shall include fast-growing vines
and/or shrubbery. Screening applied to all chain link fencing shall be approved by the Planning
Director and the City Traffic and Transportation Manager. All chain link fencing shall be
removed upon completion of construction.
.04 Chain link fencing not exceeding ten (10) feet in height may be used as part of
the enclosure of a tennis, paddle ball or other similar sports court in any required rear or side
yard in residential zones, except the street side setback of any corner lot.
05 Chain link fencing may be used between single-family residences.
06 Chain link fencing may be used between industrial properties.
.0502 The six (6) to eight (8) foot high screening abutting any railroad right-of-way, as
required by Table 46-A (Required Fences and Walls), shall consist of either: (a) a solid masonry
or building wall; (b) a chain link fence entirely interwoven with PVC, simulated wood slats, or
other durable material as deemed appropriate by the Planning Director; (c) a landscaped earthen
berm; or (d) any combination thereof.
.01 The color and materials of any wall or fence shall be compatible with any on-
site buildings, and shall be view -screened from the railroad right-of-way with landscaping,
including fast-growing vines and/or shrubbery.
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.02 The size, number and species of the individual plants shall be sufficient to
completely screen the wall or fence within two (2) years of the time of planting.
.03 Planting areas shall be provided with hose bibbs, sprinklers or similar
permanent irrigation facilities, and shall be permanently maintained in a healthy, safe and
attractive state."
SECTION 48.
That subsection .060 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Front Yards. Fences, walls, hedges and berms located in a front yard shall comply
with the additional provisions of this subsection. Except as otherwise provided in Section
18.46.100.040 (All vegetation), the maximum height of any fence, wall, hedge or berm, shall not
exceed three (3) feet within any required front yard setback area or street side setback on a
reverse corner lot or reverse building frontage on a normal corner lot.
.0601 Pilasters and light fixtures in conjunction with a front yard fence or wall are
permitted to a maximum height of four (4) feet at a minimum distance of eight (8) feet on center,
subject to review and approval for line -of -sight visibility.
.0602 On properties developed with single-family or multiple -family residential uses,
hedges greater than three (3) feet in height shall be permitted except for areas within seven (7)
feet of the adjacent public right-of-way. Hedges higher than three (3) feet and within seven (7)
feet of the adjacent public right-of-way may be approved by the City Traffic and Transportation
Manager if he/she determines that they do not impact line -of -sight visibility.
.0603 In all zones, except the "RM -1 "Zone, lots developed with single-family
residences and abutting either a major highway, a scenic expressway, or a primary arterial
highway, as designated on the General Plan, shall be permitted to have fences or walls not to
exceed eight (8) feet in height subject to the approval of an administrative review as set forth in
Chapter 18.62 (Administrative Reviews). The administrative review shall be subject to the
following additional requirements.
.01 Walls, fences and screen type planting exceeding three (3) feet in height at
street intersections shall be subject to review and approval by the City Traffic and Transportation
Manager for line -of -sight visibility.
.02 A ten (10) foot -wide landscaped area shall be provided between the fence or
wall and the public right-of-way."
SECTION 49.
That subsection .130 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
43
".130 Crib and Retaining Walls. In addition to the requirements identified in Chapter
17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code, crib
and retaining walls shall comply with the following provisions.
.1301 The height of solid retaining walls visible to public rights-of-way, public trails or
private streets shall be three (3) feet or less, as measured from the grade on the side of the wall
that is visible to the right-of-way or street; provided that additional height may be approved, if it
is determined that exceptional circumstances exist which justify a higher wall, and the additional
height can be effectively screened by landscaping or other decorative features. The height of
such walls under any conditions shall not exceed six (6) feet.
.1302 Solid retaining walls visible to public rights-of-way, public trails or private
streets, which would otherwise exceed six (6) feet in height, shall be reconfigured to a minimum
of two three-foot high steps or three two -foot high steps, with a minimum two (2) foot separation
between the walls, with groundcover planted in the separation, cascading over the step(s) and
partially obscuring the wall. These stair -step proportions shall be generally applied to other
higher or lower retaining walls."
SECTION 50.
That subsection .150 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".150 Wall/Berm Design And Maintenance. Any wall or berm shall be
maintained in an attractive, safe and graffiti -free condition"
SECTION 51.
That Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety to read as follows:
"Chapter 18.48
RECYCLING FACILITIES
18.48.010 PURPOSE.
.010 The purpose of this chapter is to comply with the local requirements established by
the California Beverage Container Recycling and Litter Reduction Act of 1986 and to provide
standards for recycling facilities, which help to preserve our natural resources, and that are
compatible with the zones in which they are located.
18.48.020 APPLICATION AND PERMIT REQUIREMENTS.
.010 Applicants for reverse vending machines and small collection facilities shall complete
an application from the Planning Department and receive a Recycling Permit prior to the first
day of operation and shall keep a recycling permit in effect at all times. A conditional use permit
must also be obtained if the facility is located within the I (Industrial) Zone, other than the SP94-
1 (Northeast Specific Plan Area) overlay area.
.020 Large collection facilities require approval of a conditional use permit to be obtained in
compliance with Chapter 18.66.
.030 Recycling facilities are not permitted in Residential Zones with the exception of a
reverse vending machine or small collection facility that is established in conjunction with a
community service facility such as a school or church.
.040 A tenant list of each unit in the site's shopping center shall be provided along with the
application for the recycling permit.
18.48.030 DEFINITIONS.
For purposes of this chapter, the following words, terms and phrases shall have the following
meanings:
.010 "Bulk Reverse Vending Machine." A machine that is larger than fifty (50) square
feet, is designed to accept more than one container at a time, and will pay by weight instead of
by container.
.020 "Collection Facility." A center for the acceptance, by donation, redemption or
purchase, of recyclable materials from the public. Such a facility does not use power -driven
processing equipment, except as permitted elsewhere in this chapter. Collection facilities include
the following:
0201 Reverse vending machines, fifty (50) square feet or less;
.0202 Small collection facilities that occupy an area of not more than five hundred
(500) square feet, and maybe:
.01 A mobile recycling unit;
.02 Bulk reverse vending machines, or a grouping of reverse vending machines,
occupying more than fifty (50) square feet; or
.03 A kiosk, which may include permanent structures.
.0203 Large collection facilities that may occupy an area of more than five hundred
(500) square feet, and may include permanent structures.
.030 "Convenience Zone." The area within a one-half mile radius of a supermarket or an
area designated by the Department of Conservation and Recycling.
45
.040 "Kiosk." A temporary or permanent, freestanding structure, with one or more
openings, and not exceeding one -hundred twenty (120) square feet, from which service is
provided to the patron through a walk-up or drive -up window or opening.
.050 "Mobile Recycling Unit." A collection facility composed of a truck, trailer or van,
licensed by the California Department of Motor Vehicles, that is used for the collection of
recyclable materials. A "Mobile Recycling Unit" also means the bins, boxes or containers
transported by trucks, vans or trailers, and used for the collection of recyclable materials.
.060 "Processing Facility." A building or enclosed space used for the collection and
processing of recyclable materials. "Processing" means the preparation of material for efficient
shipment, or to an end user's specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
.070 "Recycling Facility." A center for the collection and/or processing of recyclable
material. A "Certified Collection Facility" or "Certified Processor" means a "Recycling
Facility," certified by the California Department of Conservation as meeting the requirements of
the California Beverage Container Recycling and Litter Reduction Act of 1986. A "Recycling
Facility" does not include storage containers or processing activity located on the premises of a
residential, commercial or manufacturing use, and used solely for the recycling of material
generated by that residential property, business or manufacturer. Recycling facilities may
include collection facilities and processing facilities as defined in this chapter.
.080 "Recyclable Material." Reusable material, including but not limited to, metals, glass,
plastic and paper, which are intended for reuse, remanufacture or reconstitution in an altered
form. "Recyclable Material" does not include refuse or hazardous materials.
.090 "Reverse Vending Machine." An automated mechanical device, which accepts at
least one or more types of empty beverage containers, including but not limited to, aluminum
cans, glass and plastic bottles; and issues a cash refund or a redeemable credit slip, with a value
not less than the container's redemption value, as determined by the State. A "Reverse Vending
Machine" may sort and process containers mechanically, provided that the entire process is
enclosed within the machine.
.100 "Supermarket." A market or grocery store having an enclosed gross floor area of
more than fifteen thousand (15,000) square feet and engaged primarily in the sale of food items
and secondarily in the sale of household items, magazines, off -sale alcoholic beverages and
similar items.
18.48.040 REVERSE VENDING MACHINES AND SMALL COLLECTION
FACILITIES.
.010 All Machines and Facilities. Reverse vending machines and small collection facilities
shall comply with the following provisions.
.0101 A Recycling Permit issued by the City of Anaheim shall be obtained prior to the
first date of operation and shall be renewed every two (2) years thereafter;
.0102 The application for a reverse vending machine or small collection facility shall
be reviewed by the Planning Director for compliance with the provisions of this section. If the
Planning Director determines that the application and evidence submitted show that the reverse
vending machine or small collection facility complies with the requirements of this Section
18.48.030, the application shall be approved; otherwise, the application shall be denied.
Notwithstanding any other provisions of this Code to the contrary, no waiver of or variance from
any requirements of this Section 18.48.030 shall be approved, nor shall any application for such
a waiver or variance be accepted for processing;
0103 The machines or facilities shall comply with the provisions set forth in Chapter
6.70 (Sound Pressure Levels) of the Anaheim Municipal Code;
.0104 The machines or facilities shall be illuminated to ensure comfortable and safe
operation, if operating hours are between dusk and dawn, and shall comply with provisions set
forth in Chapter 18.42 (Parking and Loading), relating to lighting of parking areas adjoining
residential zones;
.0105 The illumination of the machines or facilities shall not extend onto any property
zoned for or occupied by a residential use;
.0106 The machines or facilities shall not obstruct pedestrian or vehicular circulation;
.0107 The machines or facilities shall be maintained in a clean, litter -free condition on
a daily basis;
.0108 The machines or facilities shall comply with the setback requirements of the
zone in which they are located; and
.0109 The machines or facilities may be subject to Code Enforcement Division
inspections, as often as required by that Division, to ensure compliance with all applicable
regulations of the zone in which it is located, at the cost of the business owner.
.020 Reverse Vending Machines. Reverse vending machines, except those identified as
small collection facilities, shall comply with the following provisions:
.0201 The machines shall be located within thirty (30) feet of the entrance to the host
commercial structure;
.0202 The machines shall not occupy parking spaces required by the host use;
.0203 The machines shall occupy no more than fifty (50) square feet of floor space per
installation, including any protective enclosure, and shall be no more than eight (8) feet in
height;
47
.0204 The machines shall be constructed and maintained with durable, waterproof and
rustproof material;
.0205 The machines shall be clearly marked to identify the type of material to be
deposited, operating instructions, and the identity and phone number of the operator or
responsible person to call if the machine is inoperative;
.0206 Each machine may have an identification sign area not to exceed four (4) square
feet per machine, exclusive of operating instructions;
.0207 Operating hours of the machines shall be at least the operating hours of the host
use; and
.0208 The machines shall not be installed or located within seventy-five (75) feet of
any residential zone or residential land use.
.030 Small Collection Facilities. Small collection facilities shall comply with the
following provisions:
.0301 The facility shall be no larger than five hundred (500) square feet and occupy no
more than five (5) parking spaces not including space that will be periodically needed for
removal of materials or exchange of containers;
.0302 The facility shall accept only glass, metals, plastic containers, papers and
reusable items;
.0303 The facility shall use no power -driven processing equipment except for reverse
vending machines;
.0304 The facility shall use containers with no visible exterior corrugated surfaces and
that are constructed and maintained with durable waterproof and rustproof material, covered
when the site is not attended, secured from unauthorized entry or removal of materials, and shall
be of a capacity sufficient to accommodate materials collected in accordance with the collection
schedule;
.0305 The facility shall be located and designed to be aesthetically compatible with the
host use and/or with surrounding uses. The use of standard, untreated shipping containers shall
be prohibited;
.0306 The facility shall store all recyclable material in containers or in the mobile unit
vehicle and materials shall not be left outside the containers when an attendant is not present;
.0307 The facility shall be maintained free of litter and any other undesirable materials.
Facilities at which trucks or containers are removed at the end of each collection day shall be
swept at the end of each collection day and the site surrounding collection containers shall be
pressure washed on a monthly basis.
M.
.0308 Facilities shall operate only during the hours between 9:00 a.m. and 7:00 p.m.
and shall be located a minimum distance of one hundred feet (100) from any residential zone or
residential land use; furthermore, if the facility is located within two hundred feet (200) of any
residential zone or residential land use the facility shall be positioned so that the front opening of
the facility faces away from such zone or use;
.0309 Containers shall be clearly marked to identify the type of material that may be
deposited; the facility shall be clearly marked to identify the name and telephone number of the
facility operator and the hours of operation, and a notice shall be displayed stating that no
material shall be left outside the recycling enclosure or containers;
0310 Signs may be provided as follows:
.01 Recycling facilities may have identification signs with a maximum of ten
percent (10%) per side or sixteen (16) square feet, whichever is larger; and
.02 Signage shall identify only the recycling facility.
.0311 No additional parking spaces shall be required for customers of a small collection
facility located at the established parking lot of a primary use;
.0312 Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be present;
.0313 Occupation of parking spaces by the facility may not reduce available parking
spaces below the minimum number of spaces required by Chapter 18.42 (Parking and Loading)
for the primary use except as expressly provided in Table 48-A (Parking Space Reduction),
subject to all of the following conditions:
.01 The facility is located in a convenience zone or a potential convenience zone
as designated by the California Department of Conservation;
. 02 A parking study approved by the City shows that existing parking capacity is
not fully utilized during the time the recycling facility will be on the site; and
.03 The permit may be reviewed and/or revoked after installation if the facility has
caused any adverse impacts on uses located on the same or adjacent parcels.
Table 48-A
PARKING SPACE
REDUCTION
Number of
Maximum
Available
Reduction
Parking Spaces
0-25
0
26-35
2
36-49
3
50-99
4
100+
5
18.48.050 LARGE COLLECTION FACILITIES.
A large collection facility shall comply with the provisions of this section.
.010 A conditional use permit shall be obtained and maintained in effect at all times.
020 The facility shall be allowed, as provided by the provisions of the underlying zone.
030 The facility shall not abut property zoned for or occupied by residential use.
.040 Where outdoor storage areas are permitted by the underlying zone, the following shall
supersede any less restrictive provisions applicable to that zone:
.0401 The area shall be enclosed to a height of not less than six (6) feet, either by: a
solid masonry or building wall; a chain link fence entirely interwoven with polyvinyl chloride
(PVC); simulated wood slats, only where not visible to the public right-of-way, or other durable
material, as deemed appropriate by the Planning Director; landscaped earthen berm; or any
combination thereof; and
.0402 Any outdoor storage area shall be located a minimum of one hundred fifty (150)
feet from property zoned or occupied for residential use.
.0403 All exterior storage of material shall be in sturdy containers that are covered,
secured and maintained in good condition. Alternatively, the material may be baled and
palletized. Storage containers for flammable material shall be constructed of nonflammable
material. No storage shall be visible above the height of the enclosure fencing.
50
050 Setbacks and landscape requirements shall be as required in the underlying zone.
.060 The site shall be maintained free of litter and any other undesirable materials, and
shall be cleaned of loose debris on a daily basis.
.070 Off-street parking and loading requirements shall comply with the provisions of
Chapter 18.42 (Parking and Loading), unless a variance is granted.
.080 The facility shall comply with the provisions and limitations set forth in Chapter 6.70
(Sound Pressure Levels) of the Anaheim Municipal Code.
.090 If the facility is located within five hundred (500) feet of property zoned or occupied
for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.
.100 Signing shall comply with all applicable provisions of Chapter 4.04 (Outdoor
Advertising Signs and Structures — General) and Chapter 18.44 (Signs) of the Anaheim
Municipal Code.
18.48.060 PROCESSING FACILITIES.
Processing facilities shall comply with the following provisions.
.010 Where permitted by the underlying zone, a conditional use permit shall be obtained
and maintained in effect at all times.
.020 The facility shall comply with the provisions of the underlying zone.
.030 The facility shall not abut property zoned for or occupied by residential use.
.040 The facility shall be located a minimum distance of one hundred fifty (150) feet from
property zoned for or occupied by residential use.
.050 All exterior storage of material shall be in sturdy containers that are covered, secured
and maintained in good condition. Alternatively, the material may be baled and palletized.
Storage containers for flammable material shall be constructed of nonflammable material. No
storage, excluding truck trailers and overseas containers, shall be visible above the height of the
enclosure fencing.
.060 The site shall be maintained free of litter and any other undesirable materials, shall be
cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and
removal of materials when attendants are not present.
.070 Adequate space shall be provided on site for the anticipated peak load of customers to
circulate, park and deposit materials to be recycled. If the facility is open to the public, space
shall be provided for a minimum of ten (10) customers, or the peak load, whichever is higher,
51
except where the Planning Commission determines that allowing overflow traffic is compatible
with surrounding businesses and public safety.
.080 One (1) parking space shall be provided for each commercial vehicle operated by the
processing center. Parking requirements shall otherwise be as mandated by Chapter 18.42
(Parking and Loading).
.090 The facility shall comply with the provisions set forth in Chapter 6.70 (Sound
Pressure Levels) of the Anaheim Municipal Code.
.100 If the facility is located within five hundred (500) feet of property zoned for or
occupied by residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The
facility shall be administered by on-site personnel during the hours the facility is open.
.110 Any containers provided for after-hours donation of recyclable materials shall be of
sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected;
and shall be secure from unauthorized entry or removal of materials.
.120 Donation areas shall be kept free of litter and any other undesirable material. The
containers shall be clearly marked to identify the type of material that may be deposited, and a
notice shall be displayed stating that no material shall be left outside the recycling containers.
.130 Signing shall comply with all applicable provisions of Chapter 4.04 (Outdoor
Advertising Signs and Structures - General) and Chapter 18.44 (Signs) of the Anaheim
Municipal Code. In addition, the facility shall be clearly marked with the name and phone
number of the facility operator, and the hours of operation.
.140 All uses shall be conducted in a manner so as not to be objectionable by reason of
noise, odor, dust, fumes, smoke, vibrations or other similar causes."
SECTION 52.
That Chapter 18.52 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety to read as set forth in Exhibit "G" attached hereto and
incorporated herein by this reference.
gFCTTC)N S1
That subsection .030 of Section 18.56.070 of Chapter 18.56 of Title 18 be, and the
same is hereby, amended to read as follows:
".030 Expansion of Single -Family Residence. A single-family dwelling that does not
comply with current parking requirements is allowed a one-time expansion of not more than six
hundred fifty (650) square feet for houses in the RS -2, RS -3 and RS -4 (Single -Family
Residential) zones and eight hundred fifty (850) square feet for houses in the RS -1 (Single -
Family Residential) zone and the RH-1, RH-2 and RH-3 (Single -Family Hillside Residential)
52
zones, provided the addition does not preclude the possibility of compliance with the parking
requirements in the future. Any addition exceeding six hundred fifty (650) square feet, or eight
hundred fifty (850) square feet when permitted by the underlying residential zone, or any
addition that results in a higher parking requirement than the minimum required for the single-
family home, shall comply with subsection 18.42.030.040 (Dwellings -Single -Family Detached),
except as may otherwise be permitted by subsection 18.60.020.040 (Modifications Related to
Nonconformities) of Chapter 18.60 (Procedures)."
SECTION 54.
That new subsection .040 be, and the same is hereby, added to Section .070 of
Chapter 18.56 of the Anaheim Municipal Code, to read as follows:
".040 Parking within Adopted Historic Districts. If additional on-site parking is required, a
single-family dwelling unit identified as a qualified historic structure on one of the City's
qualified historic structures lists, located within any historic district as determined by the City's
official list, that does not comply with current parking requirements may be allowed to expand
per Section 18.56.070.030 (Expansion of Single -Family Residence). Uncovered parking spaces
may be provided in lieu of enclosed parking spaces in the event that the provision of enclosed
parking spaces would necessitate the removal or alteration of an existing historic structure, as
determined by the Planning Director or his or her designee."
SECTION 55.
That Chapter 18.58 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, repealed in its entirety.
SF,CT10N 56_
That Section 18.60.020 of Chapter 18.60 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.60.020 ESTABLISHMENT OF ZONING ADMINISTRATOR POSITION.
The Zoning Administrator, as such term is used in this Code, shall mean either: (i) the person
appointed by the Planning Director to the City employment position of Zoning Administrator of
the City of Anaheim, or (ii) in the absence of such a person so appointed, any person engaged to
perform the duties and services of the Zoning Administrator pursuant to a contract approved by
either the City Council or City Manager except as set forth in subdivision (iii) hereinafter, or (iii)
any City employee designated to serve in such capacity with regard to any specific matter as
assigned by the Planning Director.
.010 Zoning Administrator Authority. The Zoning Administrator is the approval authority
for the following:
53
.0101 Certain administrative approvals as set forth in Section 18.62.030 (Approval
Authority) in Chapter 18.62 (Administrative Reviews),
.0102 Certain conditional use permits as set forth in Section 18.66.040 (Approval
Authority) of Chapter 18.66 (Conditional Use Permits), and
.0103 Certain variances as set forth in Section 18.74.040 (Approval Authority) of
Chapter 18.74 (Variances).
.020 Tentative Parcel Maps. The Zoning Administrator shall have the authority, after
holding a public hearing as provided in Section 17.08.060 (Advisory Agency) of Chapter 17.08
(Subdivisions) of the Anaheim Municipal Code, to make determinations on applications for
tentative parcel maps. This authority shall be limited to the following:
.0201 The tentative parcel map, as proposed, does not require or the applicant does not
request a conditional use permit and/or variance, or that if a conditional use permit and/or
variance is required or requested, it is subject to approval by the Zoning Administrator pursuant
to the provisions of Chapter 18.66 (Conditional Use Permits) and/or Chapter 18.74 (Variances);
and
.0202 The tentative parcel map, as proposed, does not require, and the applicant has
not requested, a General Plan amendment or zone reclassification, and the property is not within
a specific plan zone.
.030 Modifications Related to Nonconformities. The Zoning Administrator shall consider
and make a decision or recommendation on an application based on the findings set forth in
subsection 18.62.040.060 (Findings) for the following nonconformities: modifications of
standards for nonconforming lots as set forth in Section 18.56.020 (Nonconforming Lots)
modifications of use for nonconforming uses as set forth in subsection 18.56.030.030
(Modification of Use) and maximum permitted expansion of single-family dwellings with
nonconforming parking as set forth in subsection 18.56.070.030 (Expansion of Single -Family
Residence) of Chapter 18.56 (Nonconformities)."
cPCTION 57
That Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.62.040 ADMINISTRATIVE ADJUSTMENTS.
.010 Review Authority. Administrative adjustments are waivers of certain development
standards as specified herein. The Zoning Administrator, subject to the limitations of this section,
may grant administrative adjustments, provided, however, that not more than two (2) such
adjustments shall be approved for any individual project. If more than two (2) adjustments are
requested for any individual project, such request shall be processed by the Planning
Commission as a variance in accordance with the procedures in Chapter 18.74 (Variances).
54
.020 Types of Adjustments. Administrative adjustments may be approved or conditionally
approved by the Zoning Administrator in the following matters:
.0201 Dimensional requirements for front setbacks: a maximum deviation of twenty
percent (20%) from Code requirements.
.0202 All other dimensional or percentage limitations or requirements of this Title,
except fences, walls, hedges and berms: a maximum deviation of ten percent (10%). A deviation
of 10% or less from the requirements for lot coverage or parking may be processed as a minor
modification subject to Section 18.62.045.
.0203 Maximum height requirements for fences, walls, hedges and berms in any
required structural setback or yard in any non-residential zone that is adjacent to a residential
zone.
.0204 Maximum height requirements for fences, walls, hedges and berms in any
required interior yard or setback in any multiple -family residentially zoned property, or on
property developed with multiple -family dwellings in any zone. A maximum deviation of
twenty percent (20%) from Code requirements.
.030 Procedures. Notice of the application for an administrative adjustment and its
subsequent public hearing shall be given, and any required public hearing shall be held, in
accordance with the procedures set forth in Chapter 18.60 (Procedures). A public hearing shall
not be required on administrative adjustments unless the Planning Department receives written
objections no later than ten (10) days from the date of mailing, posting or advertising of the
notice of the application for administrative adjustment and its public hearing..
.040 Fees. Applications for an administrative adjustment shall be accompanied by the
payment of a fee per Chapter 18.80 (Fees).
.050 Public Hearing. A public hearing shall take place when written objections are
received within ten (10) days from the mailing, posting or advertising of the notice of the
application for an administrative adjustment and its public hearing (unless the applicant
withdraws the application).
.060 Findings. The Zoning Administrator shall make the following findings in order to
approve an administrative adjustment:
0601 The adjustment is consistent with the purposes and intent of the Zoning Code;
.0602 The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment;
.0603 The adjustment does not conflict with the provisions of the California Building
Standards Code or other codes, as adopted by the City; and
55
.0604 The adjustment will not produce a result that is out of character or detrimental to
the neighborhood.
.070 Conditions. The Zoning Administrator may attach conditions necessary to protect the
public health, welfare and safety.
.080 Decision. The decision of the Zoning Administrator on an administrative adjustment
becomes final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures)."
SECTION 58.
That Section 18.62.045 of Chapter 18.62 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.62.045 MINOR MODIFICATIONS.
.010 Review Authority. Minor modifications are inconsequential deviations of certain
development standards as specified herein. The Planning Director, or his or her designee, subject
to the limitations of this section, may grant minor modifications, provided, however, that:
.0101 Not more than two (2) such modifications shall be approved for any individual
project. If more than two (2) modifications are requested for any individual project, such request
shall be processed by the Planning Commission as a variance in accordance with the procedures
in Chapter 18.74 (Variances).
.020 Types of Modifications.
.0201 Minor modifications may be approved by the Planning Director or his or her
designee for the following:
.01 Dimensional requirements for front yard setbacks: a maximum deviation of ten
percent (10%) from Code requirements; for rear and side yard setbacks: a maximum deviation of
twenty percent (20%) from Code requirements.
02 Maximum 10% deviation for lot coverage
.03 Maximum height requirements for fences, walls, hedges and berms in any
required setback or yard in any non-residential zone that is not adjacent to a residential zone. A
maximum deviation of ten percent (10%) from Code requirements.
04 A deviation of 10% or less from the requirements for parking or approved parking
study.
.05 Maximum deviation of ten percent (10%) for interior setbacks between buildings
in any multiple -family residential zone.
56
.030 Procedures. A letter requesting a minor modification shall be submitted to the
Planning Department along with a site plan; and, any other information as deemed necessary by
the Planning Director.
.040 Fees. Applications for a minor modification shall be accompanied by the payment of
a fee per Chapter 18.80 (Fees).
.050 Findings. The Planning Director shall make the following findings in order to
approve a minor modification:
0501 The modification is consistent with the purposes and intent of the Zoning Code;
.0502 The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the modification;
.0503 The modification does not conflict with the provisions of the California Building
Standards Code or other codes, as adopted by the City; and
.0504 The modification will not produce a result that is out of character or detrimental
to the neighborhood.
.060 Decision. The Planning Director shall render a decision on the minor modification
within fifteen (15) days of the receipt of the request. The decision of the Planning Director shall
be in writing and shall be final and effective ten (10) days following the date thereof unless an
appeal to the Planning Commission is filed within that time."
SECTION 59.
That subsection .030 of Section 18.74.060 of Chapter 18.74 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Special Findings. There are instances expressly set forth in the Code, where the
required findings set forth in subsection .020 (Required Findings) for granting of a variance are
not appropriate, and alternate required findings have been identified, including but not limited to,
variances relating to the minimum number of required parking spaces, as provided in Section
18.42.110 (Parking Variances) of Chapter 18.42 (Parking and Loading), or dedications and
improvements, as provided by subsection .080 (Discretionary Exemptions) of Section 18.40.060
(Dedications and Improvements) of Chapter 18.40 (General Development Standards) Sound
Attenuation for residential developments .090 (Sound Attenuation) of Chapter 18.40 (General
Development Standards). Before the approval authority, or City Council on appeal, may approve
a variance in said instances, it shall make findings of fact, by resolution or written decision, as
identified in those sections."
CF("T1C)N Fn
That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
57
"18.92.040 "A" WORDS, TERMS AND PHRASES.
"Accessory." A structure, building or a use which is subordinate to, and incidental to, that of
the main building or use, which shall not exceed fifty percent (50%) of the main building or use.
"Accessory Living Quarters." See Chapter 18.36 (Types of Uses).
"Acres, Gross." The overall acreage of an area within the boundaries of a legal parcel, which
includes all roads, except arterial highways, as measured at their ultimate right-of-way width.
"Acres, Net." The overall acreage of an area, excluding public and private streets and alleys.
"Adult Day Care Center." An establishment or home that provides care, protection and
supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours
per day, while the guardians of such adults are away.
"Alcohol, Off -Sale." The sale of alcoholic beverages to consumers for consumption off the
premises where sold, in accordance with a valid off -sale license issued by the State of California.
"Alcohol, On -Sale." The sale of alcoholic beverages to consumers for consumption on the
premises where sold, in accordance with a valid on -sale license issued by the State of California.
"Alley." A public vehicle right-of-way providing a secondary means of access to abutting
property.
"Amusement Device." Any game, exhibition, shuffleboard game, or amusement or
recreational device, or any mechanical or electronic amusement device or machine which, upon
the insertion of a bill, coin, slug or token in any slot or receptacle attached to such device or
machine or connected therewith, operates, or which may be operated for use as a game, contest
or amusement, with the exception of machines for the dispensing of music.
"Amusement Device Arcade." Any premises containing five (5) or more amusement
devices, or any premises wherein not less than twenty-five percent (25%) of the public floor area
is devoted to amusement devices, whether or not said devices constitute the primary use or an
accessory use of the premises.
"Anaheim Colony Historic District." A district of the City of Anaheim established by City
Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street
and East Street.
"Annexation." The addition of a land area to an existing city or special district, with a
resulting change in the boundaries of the annexing jurisdiction.
"Apartment." One (1) or more rooms in a multiple -family dwelling, occupied or suitable for
occupancy as a residence for one (1) family.
W.
"Apartment Building." A building or cluster of buildings containing multiple -family
dwelling units in which the dwelling units are intended to be rented or leased to the occupants.
"Arterial Highway." A roadway used primarily for through traffic that is designated by one
of the following terms on the Planned Roadway Network map in the General Plan: Scenic
Expressway, Resort Smart Street, Stadium Smart Street, Major Arterial, Primary Arterial,
Hillside Primary Arterial, Secondary Arterial, Hillside Secondary Arterial, Collector Street and
Hillside Collector Street.
"Artificial Turf." Man-made synthetic material manufactured from polypropylene,
polyethylene, or a blend of polypropylene and polyethleyene fibers which simulates the
appearance of live turf, organic turf, grass, sod, or lawn.
"Automobile Wrecking." The dismantling or wrecking of used motor vehicles, trailers or
similar vehicles.
"Awning." A roof -like structure that projects from the wall of a building for the purpose of
shielding a doorway or window from the elements and may or may not be capable of being
retracted into the face of the building."
SECTION 61.
That Section 18.92. 100 of Chapter 18.92 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.92.100 "G" WORDS, TERMS AND PHRASES.
"Garage, Front -on." A garage that permits vehicular access in a direction substantially
perpendicular to the front lot line of the lot on which the garage is located.
"Garage, Private." An accessory building or a portion of the main building, designed or used
only for the shelter or storage of vehicles owned or operated by the occupants of the main
building.
"General Plan Density - Maximum." The maximum General Plan density defines the
maximum number of dwelling units per gross acre at which development can occur within a
given residentially -designated area. Any portion of a residential lot designated on the Land Use
Map as Open Space or any other non-residential designation shall not be included in calculating
density. Private and dedicated streets shall be included in establishing maximum density in a
residentially -designated area, however arterial highways shall be excluded. If a private or
dedicated street divides an area, the area up to the centerline of the street shall be used to
establish density.
"Guest." Any person temporarily occupying a room for living or sleeping purposes.
"Guest Room." Any room or rooms used, or intended to be used by, a guest for sleeping
purposes."
59
SECTION 62.
That Section 18.92.150 of Chapter 18.92 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.92.150 "L" WORDS, TERMS AND PHRASES.
"Landing." A platform without a roof, situated between flights of stairs, or at the head or
foot of a flight of stairs.
"Liquor Store." A retail establishment in which the primary use is the sale of alcoholic
beverages for off -premises consumption.
"Living Area." The area within a single-family house, excluding the attic, basement and
garage.
"Loading Space." An off-street space on the same lot with a building, or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials.
"Lodging House." A building, or portion thereof, where lodging is provided for six (6) or
fewer persons who are not living together as a single housekeeping unit, where rent is paid in
money, goods, labor or otherwise, excluding rest homes and residential or group care facilities.
"Lot." (1) A parcel of real property shown as a delineated parcel of land, with a number or
other designation, on a plat recorded in the Office of the County Recorder of Orange County, on
or before November 25, 1975; or (2) a parcel of real property, lawfully created, not delineated as
in (1) above, and except as provided for in Section 18.10.120 (Street Frontage/Land Subdivision)
abutting at least one public street, private street with direct legal vehicular access to a public
right-of-way, or alley, and held under separate ownership from adjacent property prior to
November 25, 1975; or (3) a parcel of real property, lawfully created, not delineated as in (1)
above, and containing an area not less than the prescribed minimum square footage and lot width
required for the zone in which it is located, and abutting at least one public street, private street
with direct legal vehicular access to a public right-of-way, or alley, if the same was a portion of a
larger piece of unsubdivided real property held under single ownership prior to November 25,
1975.
"Lot Area." The total horizontal area within the boundary lines of a lot.
"Lot, Corner." A lot situated at the intersection of two (2) or more streets, having an angle
of intersection of not more than one hundred thirty-five (13 5) degrees.
"Lot Coverage." The percentage of the lot covered by buildings or structures, including all
covered parking spaces, but not including walkways and driveways; swimming pools and semi -
enclosed patio structures are not included in single-family residential zones; and recreational -
leisure buildings and facilities are not included in multiple -family residential zones.
"Lot, Depth." The depth of a lot shall be the horizontal length of a straight line, connecting
the bisecting points of the front and the rear lot lines.
"Lot, Flag." A lot with vehicular access provided from the street to the bulk of the lot by
means of a narrow corridor.
"Lot Frontage." The property line or lines of a lot that abut a public or private street or other
recorded vehicular accessway.
"Lot, Interior." A lot other than a corner lot.
"Lot, Key." The first lot to the rear of a reversed corner lot, whether or not separated by an
alley.
"Lot Line, Front." In the case of an interior lot, a line separating the lot from the public
right-of-way (excluding alley); in the case of a corner lot, the line separating the narrowest street
frontage from a public right-of-way.
"Lot Line, Rear." A lot line that is opposite and most distant from the front lot line. For the
purpose of establishing the rear lot line in the case of an irregular, triangular or gore -shaped lot, a
line ten (10) feet in length within the lot and farthest removed from the front lot line, and at right
angles to the line comprising the depth of such lot, shall be used as the "Rear Lot Line."
"Lot Line, Side." Any lot boundary line not a front lot line or a rear lot line.
"Lot, Reversed Building Frontage." A corner lot in a single-family residential zone, on
which the dwelling is constructed so as to front onto the street lot line with the longest street
frontage.
"Lot, Reversed Corner." A corner lot, the side street line of which is substantially a
continuation of the front lot line of the corner upon which it rears.
"Lot, Through." A lot having frontage on two (2) parallel or approximately parallel streets.
"Lot Width." The horizontal distance between the side lot lines, measured at the front
setback line."
SECTION 63. 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.
61
SECTION 64. 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 65. PENALTY
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 8th day of April , 2008, and
thereafter passed and adopted at a regular meeting of said City Council held on the 22nd day
of April , 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AN HEIM
By: A4
MAYOR OF THE CITYXAVAHEIM
ATTEST:
C Y C LERK OF THE cTTY F ANAHEIM
68053.v2/MGordon
62
EXHIBIT "A"
CHAPTER 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES)
SECTION 18.04.030, TABLE 4-B ACCESSORY USES AND STRUCTURES:
SINGLE-FAMILY RESIDENTIAL ZONES
SECTION 18.04.070, TABLE 4-F MINIMUM STRUCTURAL HEIGHT: SINGLE-
FAMILY RESIDENTIAL ZONES
SUBSECTION NO. 18.04.090.010, TABLE 4-11 MAXIMUM LOT COVERAGE:
SINGLE-FAMILY RESIDENTIAL ZONES, AND
SUBSECTION NO. 18.04.100.010, TABLE 4-I MINIMUM SETBACKS: SINGLE-
FAMILY RESIDENTIAL ZONES
(ZCA2006-00052)
18.04.030 USES.
Table 4-B
P=Permitted by Right
ACCESSORY USES AND STRUCTURES:
SINGLE-FAMILY RESIDENTIAL ZONES
C=Conditional Use Permit Required
N=Prohibited
RH-
RH-
RH-
RS -1
RS -2
RS -3
RS -4
Special
1
2
3
Provisions
Accessory Living Quarters
P
P
P
P
P
N
N
Subject to §§
18.04.080.020
& 18.38.020
Agricultural Workers Quarters
P
P
N
N
N
N
N
Requires a
minimum lot size
of ten (10) acres
Animal Keeping
P
P
P
P
P
P
P
Subject to
§18.38.030, except
that in the RH-2
Zone, equine,
bovine, sheep,
goats & swine
may be kept,
stabled, tethered or
otherwise
maintained on
minimum 22,000
sq. ft. parcels
Antennas—Dish
P
P
P
P
P
P
P
Subject to
§18.38.050 (may
require a
conditional use
permit)
Antennas—Receiving
P
P
P
P
P
P
P
Subject to
§18.38.050
Day Care—Large Family
P
P
P
P
P
P
P
Subject to
§18.38.140
Day Care—Small Family
P
P
P
P
P
P
P
Fences & Walls
P
P
P
P
P
P
P
Subject to
§ 18.46.110; this
use may occur
on a lot with or
without a
dwelling
Greenhouses—Private
P
P
P
P
P
N
N
Home Occupations
P
P
P
P
P
P
P
Subject to
§18.38.130
Landscaping & Gardening
P
P
P
P
P
P
P
Subject to
Chapter 18.46;
this use may
occur on a lot
with or without
a dwelling
Mechanical & Utility
P
P
P
P
P
P
P
Subject to
Equipment—Ground Mounted
§18.38.160
Mechanical & Utility
N
N
N
P
P
P
P
Subject to
Equipment—Roof Mounted
§18.38.170
Parking Lots & Garages
P
P
P
P
P
P
P
To serve needs
of primary use
only; four-car
limit for garages
in RS-1 and RS-
2 Zones
Petroleum Storage—Incidental
P
P
P
P
P
P
P
Recreation Buildings &
P
P
P
P
P
P
P
Structures
Second Units
P
P
P
P
P
P
N
Subject to
RH-2
25 feet/2 stories
RH-3
25 feet/2 stories (certain areas subject to subsection .040
below)
Residential Single -Family
§18.38.230
Solar Energy Panels
P
P
P
P
P
P
P
Subject to
each 4 feet in height such buildings exceed 35 feet)
RS -2
35 feet/2-1/2 stories
RS -3
30 feet/2 stories
RS -4
30 feet/2 stories
§18.38.170
Senior Second Units
C
C
C
C
C
C
N
Signs
P
P
P
P
P
P
P
Subject to
Chapter 18.44
18.04.070 STRUCTURAL HEIGHTS.
.010 Maximum Height. The maximum structural heights for single-family residential zones
are shown in Table 4-F.
Table 4-F
MAXIMUM STRUCTURAL HEIGHT:
SINGLE-FAMILY RESIDENTIAL ZONES
Zone
Minimum Structural Height
Residential Single -Family Hillside
RH-1
25 feet/2 stories
RH-2
25 feet/2 stories
RH-3
25 feet/2 stories (certain areas subject to subsection .040
below)
Residential Single -Family
RS -1
35 feet/2-1/2 stories (Any non-residential land use
permitted by a conditional use permit may exceed this
height limitation, as determined by the approved
conditional use permit, when the required front, side
and rear setback are increased an additional 1 foot for
each 4 feet in height such buildings exceed 35 feet)
RS -2
35 feet/2-1/2 stories
RS -3
30 feet/2 stories
RS -4
30 feet/2 stories
18.04.090 LOT COVERAGE.
.010 Lot Coverage. The maximum lot coverage for single-family residential zones
is shown in Table 4-H.
Table 4-H
MAXIMUM LOT COVERAGE:
SINGLE-FAMILY RESIDENTIAL ZONES
Zone
Maximum Lot Coverage
RH-I
Residential Single -Family Hillside
RH-1
NA
RH-2
NA
RH-3
40%
[RH-2
Residential Single -Family
RS -1
40% (no accessory building authorized to encroach into
a required rear setback shall occupy more than 25% of
the required rear setback)
RS -2
40%, — see subsection .020 below (dwellings or
accessory structures shall not occupy more than 35% of
the required rear setback, provided any such structures
shall comply with the setback regulations of this
chapter.
RS -3
40%
RS -4
50%, but may be modified pursuant to § 18.04.160
18.04.100 STRUCTURAL SETBACKS.
Table 4-I
MINIMUM SETBACKS:
SINGLE-FAMILY RESIDENTIAL ZONES
Zone
Minimum Setbacks
Residential Single -Family Hillside
RH-I
Front
20 feet
Side
Same as Front
Rear
Same as Front
[RH-2
Front
25 feet
In order to encourage varied setbacks where a tract or a
minimum of one block (one side of the street) is to be
developed concurrently; the setback shall be an average
of 25 feet, with the minimum setback of 15 feet.
Side
15 feet
All dwellings shall maintain a minimum setback of 10
feet from any private access easement of record located in
the side yard.
Rear
25% of the depth of the lot, but need not exceed 25 feet
All dwellings shall maintain a minimum setback of 10
feet from any private access easement of record located in
the rear yard.
RH-3
Front
20 feet
Side
6 feet for a one-story building or first floor of a two-story
building, and 9 feet for any second story.
All dwellings shall maintain a minimum setback of 10
feet from any private access easement of record located in
the side yard.
The minimum street side setback on a reversed corner lot
or reverse building frontage lot shall be 9 feet.
Rear
15 feet; all dwellings shall maintain a minimum setback
of 10 feet from any private access easement of record
located in the rear yard.
Residential Single -Family
RS -1
Front
30 feet or 25% of the depth of the lot, whichever is less
Side
10% of the width of the lot, except that the side setback
shall not be less than 5 feet and need not exceed 10 feet.
The minimum street side setback on a reversed corner lot
or reverse building frontage lot shall be 9 feet.
Rear
25 feet or 25% of the depth of the lot, whichever is less
RS -2
Front
25 feet or 25% of the depth of the lot, whichever is less
Side
5 feet
The minimum street side setback on a reversed corner lot
or reverse building frontage lot shall be 9 feet.
Rear
25 feet, except that the depth may be reduced to 10 feet,
provided that dwellings or accessory structures shall not
occupy more than 35% of the required rear setback.
RS -3
Front
15 feet
In order to encourage varied setbacks where a tract or a
minimum of one block (one side of the street) is to be
developed concurrently, the setback shall be an average
of 15 feet with the minimum setback of 10 feet.
Side
5 feet from structures to the property line or for
development of an entire tract, zero feet on one side and
10 feet on the other side, provided a minimum of 10 feet
is maintained between structures on adjacent lots (the
latter requirement provides for zero side yards).
The minimum street side setback on a reversed corner lot
or reverse building frontage lot shall be 9 feet.
Rear
15 feet
RS -4
Front
10 feet
In order to achieve good design, the setback may be an
average minimum of 10 feet, with the minimum setback
of 5 feet.
Setback provisions may be modified pursuant
to § 18.04.160.
Side
5 feet from structures to the property line or zero feet on
one side, and 10 feet on the other side, provided a
minimum of 10 feet is maintained between structures on
adjacent lots (the latter requirement provides for zero side
yards).
The minimum street side setback on a reversed corner lot
or reverse building frontage lot shall be 9 feet.
Setback provisions may be modified pursuant
Ito §18.04.160.
Rear
10 feet for single -story structures; 15 feet for two-story
structures. Setback provisions may be modified pursuant
to §18.04.160.
Airspace (Vertical) Subdivision. For three (3) dimensional
airspace subdivisions, the minimum setback between facing walls
of two dwelling units shall be the combined total of the required
setbacks for each building wall.
EXHIBIT "B"
CHAPTER 18.06 (MULTIPLE -FAMILY RESIDENTIAL ZONES)
SECTION 18.06.030, TABLE 6-A - RESIDENTIAL CLASSES OF USES
(ZCA2006-00052)
Table 6-A
P=Permitted by Right
PRIMARY USES: MULTIPLE -FAMILY
C=Conditional Use Permit Required
RESIDENTIAL ZONES
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
RM -1
RM -2
I RM -3
RM -4
I Special Provisions
Residential Classes of Uses
Dwellings—Multiple Family
C
P
P
P
Subject to §18.38.100; affordable
housing may be developed pursuant
to Chapter 18.50
Dwellings—Single-Family
C
P
C
C
Dwellings requiring a conditional use
Attached
permit are subject to §18.06.160
Dwellings—Single-Family
C
P
P
P
(a) Allowed only when combined
Detached
with single-family attached dwellings
within the same project; in the RM -1
Zone, attached housing must be
oriented toward any major or primary
arterial or (b) one single-family
detached dwelling allowed on one
legal lot in existence on the effective
date of this chapter, using the RS -2
and RS -3 Zone based on lot size
Mobile Home Parks
N
C
C
C
Residential Care Facilities
P
P
P
P
Subject to §18.36.030.050
Senior Citizen Housing
C
C
C
C
Subject to Chapter 18.50
Note on Table 6 -A -Residential Classes of Uses:
New Residential Development. All new residential development within 600 feet of any railroad, freeway,
expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan,
is subject to the provisions of §18.40.090.
Non -Residential Classes of
Uses
Antennas—Broadcasting
C
C
C
C
Antennas—Private Transmitting
C
C
C
C
Subject to §18.38.040
Antennas—Telecommunications
T
T
T
T
Subject to §§ 18.38.060 and
- Stealth Building -Mounted
18.62.020
Antennas— Telecommunications
C
C
C
C
Subject to §18.38.060
- Stealth Ground -Mounted
Antennas—Telecommunications
- Ground -Mounted
N
N
N
N
Bed & Breakfast Inns
N
C
C
C
Subject to §18.38.080
Community & Religious
Assembly
C
C
C
C
Convalescent & Rest Homes
N
N
N
C
Day Care Centers
C
C
C
C
Educational Centers—General
N
N
C
C
Golf Courses & Country Clubs
N
N
C
C
Group Care Facilities
C
C
C
C
Subject to §18.36.040.070
Oil Production
N
C
C
C
Subject §18.38.180
Public Services
C
C
C
C
Recreation—Low-Impact
C
C
C
C
Recreation—Swimming & Tennis
C
C
C
C
Room & Board
C
C
C
C
Transit Facilities
C
C
C
C
Utilities—Minor
C
C
C
C
EXHIBIT "C"
CHAPTER 18.08 COMMERCIAL ZONES
SECTION 18.08.030, TABLE 8-A — PRIMARY USES: COMMERCIAL ZONES
SECTION 18.08.030, TABLE 8-B - ACCESSORY USES AND STRUCTURES:
COMMERCIAL ZONES
SECTION 18.08.030, TABLE 8-C — TEMPORARY USES AND STRUCTURES:
COMMERCIAL ZONES
SECTION 18.08.050, TABLE 8-E [now Table 8-F] — MAXIMUM STRUCTURAL
HEIGHT: COMMERCIAL ZONES
SECTION 18.08.060, TABLE 8-F [now Table 8-G] — MINIMUM SETBACKS:
COMMERCIAL ZONES
(ZCA2006-00052)
18.08.030 USES
Table 8-A
P=Permitted by Right
PRIMARY USES: COMMERCIAL ZONES
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review
Permit Required
C -NC
C-R
C -G
O -L
O -H
Special Provisions
Residential Classes of Uses
Mobile Home Parks
N
N
C
N
N
Senior Citizens Housing
C
C
C
N
N
Senior Citizens Apartment
projects subject to Chapter 18.50
Non -Residential Classes of Uses
Alcoholic Beverage Sales—Off-Sale
C
C
C
C
C
Conditional use permit not
required if use is in conjunction
with Markets—Large; in O -L and
O -H Zones, must be clearly
accessory to and integrated with
an office building
Alcoholic Beverage Sales—On-Sale
C
C
C
C
C
Ambulance Services
N
C
C
N
N
Animal Boarding
N
N
C
N
N
Animal Grooming
P
N
P
N
N
Antennas—Broadcasting
C
C
C
C
C
Antennas—Telecommunications-
T
T
T
T
T
Subject to §§ 18.3 8.060 and
Stealth Building -Mounted
18.62.020
Antennas—Telecommunications-
T
T
T
T
T
Subject to §18.38.060
Stealth Ground -Mounted
Antennas—Telecommunications
N
N
N
N
N
Ground -Mounted (Non -Stealth)
1
Automatic Teller Machines
P
P
P
P
P
Subject to § 18.36.040
(ATM's)
Automotive—Car Sales & Rental
N
N
C
N
N
Subject to §18.38.200
Automotive- Car Sales, Retail or
P
P
P
P
P
Subject to § 18.38.065
Wholesale (Office Use Only)
Automotive—Public Parking
C
C
C
C
C
Automotive—Parts Sales
C
P
P
N
N
Automotive—Repair & Modification
C
C
C
N
N
Automotive—Service Stations
C
C
C
C
C
Subjectto §18.38.070
Automotive—Washing
N
C
C
C
C
In O -L and O -H Zones,
must be accessory to an
Automotive—Service Station use
Bars & Nightclubs
C
C
C
C
C
In O -L and O -H Zones, must be
accessory to and integrated with
an office building
Bed & Breakfast Inns
C
C
C
C
C
Subject to §18.38.080
Billboards
N
N
N
N
N
Boat & RV Sales
N
N
C
N
N
Subject to §18.38.200
Business & Financial Services
P
P
P
P
P
Cemeteries
N
N
C
N
N
Commercial Retail Centers
C
C
C
N
N
Community & Religious Assembly
C
C
C
C
C
In O -H Zone, must be clearly
accessory to and integrated with
an office building
Computer Internet & Amusement
N
C
C
C
C
In O -L and O -H Zones, must be
Facilities
clearly accessory to and
integrated with an office building
Convalescent & Rest Homes
N
N
C
N
N
Convenience Stores
C
C
C
C
C
Subject to §18.38.110; in O -L
and O -H Zones, must be clearly
accessory to and integrated with
an office building
Dance & Fitness Studios—Large
N
C
C
C
C
In O -H Zone, must be clearly
accessory to and integrated with
an office building
Dance & Fitness Studios—Small
P
P
P
P
P
In O -H Zone, must be clearly
accessory to and integrated with
an office building, otherwise
requires a conditional use permit
Day Care Centers
C
C
C
C
C
Drive -Through Facilities
C
C
C
C
C
Educational Institutions—Business
C
C
C
C
C
Educational Institutions—General
N
C
C
C
C
Educational Institutions—Tutoring
P
P
P
P
P
Subject to § 18.3 6.040.05 0
Equipment Rental—Large
N
C
C
N
N
Equipment Rental—Small
C
P
P
C
C
In O -H and O -L Zones, must be
clearly accessory to and
integrated with an office building
Group Care Facilities
C
C
C
C
C
Subject to § 18 36 040.070
Helipads
N
N
C
N
N
Allowed only in conjunction with
a hospital
Hospitals
N
N
C
C
C
Hotels & Motels
N
C
C
N
N
Markets—Large
P
P
P
N
N
Markets—Small
C
C
C
C
C
Medical & Dental Offices
P
P
P
P
P
Mortuaries
N
N
P
N
N
Offices
P
P
P
P
P
Personal Services—General
P
P
P
P
P
Laundromats are subject
to § 18.38.150. In O -L and O -H
Zones, must be clearly accessory
to and integrated with an office
building
Personal Services—Restricted
C
C
C
C
C
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Plant Nurseries
N
C
P
N
N
Subject to §§ 18.38.190 and
18.3 8.200
Public Services
C
C
P
C
C
Recreation—Billiards
C
C
C
C
C
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Recreation—Commercial Indoor
C
C
C
C
C
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Recreation—Commercial Outdoor
C
C
C
C
C
Recreation—Low-Impact
C
C
C
P
P
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Recreation—Swimming & Tennis
C
C
C
C
C
Repair Services—General
P
N
P
N
N
Repair Services—Limited
P
P
P
C
C
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Research & Development
N
C
C
C
P
Restaurants—Drive-Through
N
C
C
C
C
Subject to § 18.38.220
Restaurants—General
P
P
P
C
C
Subject to § 18.3 8.220
Restaurants—Semi-Enclosed
C
C
C
C
C
Subject to§18.38.220
Restaurants—Walk-Up
C
C
C
C
C
Retail Sales—General
P
P
P
P
P
Subject to §18.38.220
Retail Sales—Kiosks
C
C
C
C
C
Retail Sales—Outdoor
C
C
C
N
N
Subject to §§ 18.38.190 and
18.3 8.200
Retail Sales—Regional
N
P
C
N
N
Retail Sales—Used Merchandise
P
P
P
N
N
Room & Board
N
N
C
N
N
Self Storage
N
N
C
N
N
Subject to City Council Policy
No. 7.2
Sex -Oriented Businesses
N
N
P
N
N
Subject to Chapter 18.54
Smoking Lounge
P
P
P
N
N
Subject to Chapter 4.22
and §18.38.260
Studios—Broadcasting
C
C
P
C
C
Studios—Recording
N
N
P
C
C
In O -L and O -H Zones, must be
clearly accessory to and
integrated with an office building
Transit Facilities
C
C
C
C
C
Utilities—Major
C
C
C
N
C
Utilities—Minor
P
P
P
P
P
Pay phones are permitted by right
in all zones if located on the
interior of a building or attached
to the exterior within 10 feet of
the main building's entrance
Veterinary Services
C
C
C
N
N
Wholesaling
N
C
C
N
N
Shall be accessory to a Retail
Sales use
Table 8-B
ACCESSORY USES AND STRUCTURES:
COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
N=Prohibited
C -NC
C-R
C -G
O -L
O -H
Special Provisions
Amusement Devices
P
P
P
N
N
Animal Keeping
N
P
P
N
N
Subject to §18.38.030
Antennas—Dish
P
P
P
P
P
Subject to § 18.38.050
Antennas—Receiving
P
P
P
P
P
Subject to § 18.38.050
Automatic Teller Machines
P
P
P
P
P
Subject to §18.36.050.035
(ATM's)
Bingo Establishments
P
P
P
P
P
Subject to Chapter 7.34
Caretaker Units
N
P
P
N
N
Subject to § 18.3 8.090
Fences & Walls
P
P
P
P
P
Subject to § 18.40.050; this use
may occur on a lot without a
primary use
Home Occupations
N
P
P
N
N
Subject to § 18.3 8.130
Landscaping & Gardens
P
P
P
P
P
Subject to Chapter 18.46; this use
may occur on a lot without a
primary use
Mechanical & Utility Equipment—
P
P
P
P
P
Subject to § 18.3 8.160
Ground Mounted
Mechanical & Utility Equipment
P
P
P
P
P
Subject to § 18.3 8.170
Roof Mounted
Outdoor Displays
N
P
P
N
N
Subject to § 18.3 8.190
Parking Lots & Garages
P
P
P
P
P
To serve needs of on-site primary
use only
Portable Food Carts
N
P
P
N
N
Subject to § 18.38.210
Recreation Buildings & Structures
N
N
P
P
N
Only in conjunction with non-
conforming single-family
residence
Recycling Services -Consumer
P
N
P
N
N
Subject to Chapter 18.48
Signs
P
P
P
P
P
Subject to Chapter 18.44
Solar Energy Panels
P
P
P
P
P
Must be mounted on the roof and,
if visible from the street level,
must be parallel to the roof plane
Vending Machines
P
P
P
P
P
Shall be screened from view from
public rights-of-way and shall not
encroach onto sidewalks
Table 8-C
P=Permitted by Right
TEMPORARY USES AND STRUCTURES:
C=Conditional Use Permit
COMMERCIAL ZONES
Required
N=Prohibited
C -NC
C-R
C -G
O -L
O -H
Special Provisions
Carnivals & Circuses
P
P
P
N
N
Subject to §18.38.095, Chapter 3.32 and
Chapter 4.53
Christmas Tree & Pumpkin Sales
N
P
P
N
N
Subject to Chapter 6.42
Contractor's Office & Storage
P
P
P
P
P
Subject to §18.38.105
Special Events
P
P
P
P
P
Subject to § 18.38.240
18.08.050 STRUCTURAL HEIGHTS.
.010 Maximum Heights. The maximum structural heights for commercial zones
are shown in Table 8-F.
Table 8-F
MAXIMUM STRUCTURAL HEIGHT: COMMERCIAL ZONES
Zone
Maximum Structural Height
C -NC
75 feet, except as provided below
• The maximum height of any building or structure within 150 feet of any single-family
residential zone boundary (other than property under a resolution of intent to any non-
residential or multiple -family zone) shall be as follows, based on the distance from the
building or structure to the zone boundary:
Distance Height
20-50 feet 1 story (20 feet)
51-75 feet 2 stories (28 feet)
76-100 feet 3 stories (38 feet)
101-125 feet 4 stories (50 feet)
126-150 feet 5 stories (63 feet)
Over 150 feet 6 stories (75 feet)
C-R
75 feet, except as provided below
• The maximum height of any building or structure within 150 feet of any single-family
residential zone boundary (other than property under a resolution of intent to any non-
residential or multiple -family zone) shall be as follows, based on the distance from the
building or structure to the zone boundary:
Distance Hecht
20-50 feet 1 story (20 feet)
51-75 feet 2 stories (28 feet)
76-100 feet 3 stories (38 feet)
101-125 feet 4 stories (50 feet)
126-150 feet 5 stories (63 feet)
Over 150 feet 6 stories (75 feet)
C -G
Same as C -NC
O -L
50 feet, except as provided below
• The maximum height of any building or structure within 100 feet of any single-family
residential zone boundary (other than property under a resolution of intent to any non-
residential or multiple -family zone) shall be as follows, based on the distance from the
building or structure to the zone boundary:
Distance Height
20-50 feet 1 story (20 feet)
51-75 feet 2 stories (35 feet)
Over 100 feet 3 stories (50 feet)
O -H
150 feet, except as provided below
• The maximum height of any building or structure within 150 feet of any single-family
residential zone boundary (other than property under a resolution of intent to any non-
residential or multiple -family zone) shall be as follows, based on the distance from the
building or structure to the zone boundary:
Distance Height
20-50 feet 1 story (20 feet)
51-100 feet 2 stories (3 5 feet)
101-150 feet 3 stories (50 feet)
Over 150 feet 12 stories (150 feet)
.020 Projections. Projections above the height limit are permitted as set forth in
Section 18.40.030 in Chapter 18.40 (General Development Standards).
.030 Dedicated streets or alleys may be included in calculating distance
requirements.
18.08.060 STRUCTURAL SETBACKS.
.010 Setbacks. The minimum setbacks for commercial zones are set forth in
Table 8-G. These setbacks apply in addition to the setback and yard requirements of
Sections 18.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area
Setbacks) of Chapter 18.40 (General Development Standards).
.0101 Landscaped setbacks are set forth in Part 1 of Table 8-G; these
areas shall be landscaped with lawns, trees, shrubs or other plants as set forth in Chapter
18.46 (Landscaping and Screening) and shall not contain any portion of any structure
except as specifically allowed by this section.
.0102 Structural setbacks are set forth in Part 2 of Table 8-G; these
areas shall not contain any portion of any structure except as specifically allowed by this
section. Landscaping is required only within any required landscaped setbacks.
below.
0103 Encroachments into setback areas are set forth in subsection .030
7
Table 8-G
MINIMUM SETBACKS: COMMERCIAL ZONES
Zone
Minimum Setbacks
Part 1— Landscaped Setbacks
C-NC
• Abutting Any Arterial Highway: 15 feet, as measured from the ultimate highway right-of-way line as
designated on the Circulation Element of the General Plan
Abutting Any Local Street: 10 feet, as measured from the planned street right-of-way line; provided,
however, that where more than two-thirds of the property in the block on the opposite side of the local street
are zoned for single -family residential use and, if parking is provided between the landscaped setback and any
building, a 3-foot high earthen berm or masonry wall, screened with clinging vines and/or shrubs on both
sides, shall be provided to the rear of the 10-foot landscaped area
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary: 10 feet
• Abutting Any Alley: None
C-R
Abutting any freeway right-of-way (including any freeway transition and on or off ramp): 10 feet
• Abutting Any Arterial Highway: 20 feet, as measured from the ultimate highway right-of-way line as
designated on the Circulation Element of the General Plan
Abutting Any Local Street: 15 feet, as measured from the planned street right-of-way line; provided,
however, that where more than two-thirds of the property in the block on the opposite side of the local street
are zoned for single -family residential use and, if parking is provided between the landscaped setback and any
building, a 3-foot high earthen berm or masonry wall, screened with clinging vines and/or shrubs on both
sides, shall be provided to the rear of the 15-foot landscaped area
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary: 15 feet
• Abutting Any Alley: None
C-G
Abutting any freeway right-of-way (including any freeway transition and on or off ramp): 10 feet
• Abutting Any Arterial Highway: 15 feet, as measured from the ultimate highway right-of-way line as
designated on the Circulation Element of the General Plan
Abutting Any Local Street: 10 feet, as measured from the planned street right-of-way line; provided,
however, that where more than two-thirds of the property in the block on the opposite side of the local street
are zoned for single -family residential use and, if parking is provided between the landscaped setback and any
building, a 3-foot high earthen berm or masonry wall, screened with clinging vines and/or shrubs on both
sides, shall be provided to the rear of the 10-foot landscaped area.
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary: 10 feet, with trees planted on maximum 20-foot centers to
provide an effective visual screen between the C-G and Residential zones.
Abutting Any Alley: None
O-L
Same as C-NC
O-H
Same as C-R
Table 8-8-G
MINIMUM SETBACKS: COMMERCIAL ZONES
Zone
Minimum Setbacks
Part 2 — Structural Setbacks
C-NC
Abutting Any Arterial Highway: Same as Landscape Setback
Abutting Any Local Street: Same as Landscape Setback
Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary:
.020 Building Setbacks. Where trash enclosures, trash compactors, loading and
delivery areas or bays, compressors or other mechanical equipment are proposed in
setback areas adjacent to residential uses and residential zones, the minimum setback
between these structures and uses and the residential zone boundary shall be not less than
ten (10) feet.
I
° A one-story building: 20 feet
° A two-story building: 51 feet
° A three-story building: 76 feet
° A four-story building: 101 feet
° A five-story building: 126 feet
° A six-story building: 151 feet
Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley maybe
applied in measuring the setback
C-R
Abutting any freeway right-of-way (including any freeway transition and one or off ramp): Same as
Landscape Setback
• Abutting Any Arterial Highway: Same as Landscape Setback
• Abutting Any Local Street: Same as Landscape Setback
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary:
° A one-story building: 25 feet
° A two-story building: 51 feet
° A three-story building: 76 feet
° A four-story building: 101 feet
° A five-story building: 126 feet
° A six-story building: 151 feet
• Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley maybe
applied in measuring the setback
C-G
Same as C-NC, except where abutting any freeway right-of-way (including any freeway transition and on or
off ramp): Same as Landscape Setback
O-L
Abutting Any Arterial Highway: Same as Landscape Setback
• Abutting Any Local Street: Same as Landscape Setback-
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary:
° A one-story building: 20 feet
° A two-story building: 51 feet
° A three-story building: 101 feet
• Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley maybe
applied in measuring the setback
O-H
Abutting Any Arterial Highway: Same as Landscape Setback
• Abutting Any Local Street: Same as Landscape Setback
• Abutting Any Non-Residential Interior Site Boundary Lines: None
• Abutting Any Residential Zone Boundary:
° A one-story building: 20 feet
° A two-story building: 51 feet
° A three-story building: 101 feet
° A four-story building: 151 feet
° A five-story building: 201 feet
° A six- or more story building: 226 feet
• Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley maybe
applied in measuring the setback
.020 Building Setbacks. Where trash enclosures, trash compactors, loading and
delivery areas or bays, compressors or other mechanical equipment are proposed in
setback areas adjacent to residential uses and residential zones, the minimum setback
between these structures and uses and the residential zone boundary shall be not less than
ten (10) feet.
I
.030 Encroachments. Allowable encroachments into the setback requirements
in Table 8-8-G are set forth below. Any encroachment that conflicts with the Uniform
Building Code, as adopted by the City, shall not be permitted.
.0301 Canopies (fixed) or trellises may encroach into a required setback
on a public street no more than three (3) feet.
.0302 Cornices, eaves, sills, belt courses, buttresses and fireplaces may
encroach into any required setback not more than two (2) feet.
.0303 Driveways providing access from adjacent streets or private
accessways may encroach into any required street landscape and structural setback.
.0304 Fences and walls that comply with Section 18.46.110 of Chapter
18.46 (Landscaping and Screening) may encroach into any required setback.
.0305 Three (3) flagpoles for the display of national, state, city and/or
company trademark or logo, not to exceed the maximum structural height.
.0306 Guard railings for safety protection around hazardous areas as
required by City codes may encroach into any required setback.
.0307 Light fixtures may encroach into any required setback, except
required setbacks adjacent to residential zones where developed with residential uses or
residential uses in any zone.
.0308 Parking spaces (open) and open vehicular accessways may
encroach into required structural setback areas, but shall not encroach into minimum
required landscape setbacks.
.0309 Signs that comply with Section 18.08.080 of this chapter may
encroach into any required setback.
.0310 Trees, shrubs, flowers or plants shall be permitted in any required
setback as permitted in Chapter 18.46 (Landscaping and Screening).
.0311 Walkways leading from parking areas and public sidewalks may
encroach into any required landscaped setback, provided the walkway is integrated with
the landscape design and does not significantly reduce the landscape area.
10
EXHIBIT "D"
CHAPTER 18.10 INDUSTRIAL ZONE
SECTION NO. 18.10.103.100
TABLE 10-A (PRIMARY USES: INDUSTRIAL ZONE)
TABLE 10-B (ACCESSORY USES AND STRUCTURES: INDUSTRIAL ZONE)
TABLE 10-C (TEMPORARY USES AND STRUCTURES: INDUSTRIAL ZONE)
(ZCA2006-00052)
Table 10-A
PRIMARY USES: INDUSTRIAL
ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
I
Special Provisions
Residential Classes of Uses
Mobile Home Parks
C
Non -Residential Classes of Uses
Agricultural Crops
P
Alcoholic Beverage Sales—Off-Sale
C
Alcoholic Beverage Sales—On-Sale
C
Ambulance Services
P
Animal Boarding
C
Animal Grooming
C
Antennas—Broadcasting
C
Antennas—Telecommunications-
Stealth Building -Mounted
T
Subject to §§18.38.060 and 18.62.020
Antennas—Telecommunications-
Stealth Ground -Mounted
T
Subject to §18.38.060
Antennas—Telecommunications-
Ground- Mounted (Non -Stealth)
N
Automated Teller Machines
(ATM's)
P
Automotive—Car Sales & Rental
C
Subject to §18.38.200
Automotive Car Sales, Retail or
Wholesale (Office Use Only)
C
Automotive—Impound Yards
C
Subject to § 18.3 8.200
Automotive—Public Parking
C
Automotive—Parts Sales
C
Automotive—Repair &
Modification
C
Automotive—Service Stations
C
Subject to §18.38.070
Automotive—Washing
C
Bars & Nightclubs
C
Billboards
N
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 §§
18.38.190 and 18.38.200
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
Educational Institutions — Tutoring
C
Subject to § 18.3 6.040.05 0
Equipment Rental—Large
C
Conditional use permit not required if
conducted entirely indoors
Equipment Rental—Small
P
Helipads & Heliports
C
Hospitals
C
Hotels & Motels
C
Industry—Limited
P
Industry—General
C
Junkyards
C
Subject to §18.38.200
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 §18.38.180
Outdoor Storage Yards
C
Subject to §18.38.200
Personnel Services—General
C
Laundromats are subject to §18.38.150
Personnel 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—Billiards
C
Recreation—Commercial Indoor
C
Amusement arcades are allowed only in
conjunction with a hotel, motel, or
bowling alley
Recreation—Commercial Outdoor
C
Recreation—Low-Impact
P
Recreation—Swimming & Tennis
C
Recycling Services—General
C
Subject to Chapter 18.48
Recycling Services—Processing
C
Subject to Chapter 18.48
Repair Services—General
P
Repair Services—Limited
C
Research & Development
P
Restaurants—Drive-Through
C
Subject to § 18.3 8.220
Restaurants—General
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
Restaurants—Semi-Enclosed
C
Subject to §18.38.220
Restaurants—Walk-Up
C
Retail Sales—Household Furniture
C
Permitted by conditional use permit
only if the retail sales portion of the
business occupies a minimum of 50,000
square feet of building floor area
Retail Sales—General
C
Industrially -related only
Retail Sales—Outdoor
C
Subject to §§ 18.38.190 and 18.38.200
Self Storage
C
Subject to City Council Policy No. 7.2
Sex -Oriented Businesses
P
Subject to Chapter 18.54
Studios—Broadcasting
P
Studios—Recording
P
Towing Services
P
Transit Facilities
C
Truck Repair & Sales
C
Subject to §18.38.200
Utilities—Major
C
Utilities—Minor
P
Veterinary Services
C
Warehousing & Storage—Enclosed
P
Wholesaling
P
Table 10-B
ACCESSORY USES AND
STRUCTURES:
INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
I
Special Provisions
Amusement Devices
P
Animal Keeping
P
Subject to §18.38.030
Antennas—Dish
P
Subject to §18.38.050
Antennas—Receiving
P
Subject to § 18.3 8.050
Caretaker Units
P
Subject to § 18.3 8.090
Fences & Walls
P
Subject to §18.38.050; this use may
occur on a lot without a primary use
Home Occupations
P
Subject to §18.38.130
Landscaping & Gardens
j P
I Subject to Chapter 18.46; this use may
occur on a lot without a primary use
Mechanical & Utility Equipment—
Ground Mounted
P
Subject to §18.38.160
Mechanical & Utility Equipment—
Roof Mounted
P
Subject to § 18.3 8.170
Parking Lots & Garages
P
Petroleum Storage—Incidental
P
Shall comply with the Uniform Fire
Code
Portable Food Carts
P
Subject to §18.38.210
Recreation Buildings & Structures
P
Recycling Services—Consumer
P
Subject to Chapter 18.48
Retail Floor, Wall & Window
Coverings
P
Subject to §18.38.250
Signs
P
Subject to Chapter 18.44
Vending Machines
P
Shall be screened from view from
public rights-of-way and shall not
encroach onto sidewalks
Warehousing & Storage—Outdoors
P
Subject to §18.38.200
Table 10-C
TEMPORARY USES AND
STRUCTURES:
INDUSTRIAL ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
I
Special Provisions
Carnivals & Circuses
P
Subject to §18.38.095, Chapter 3.3 2,
and Chapter 4.53
Christmas Tree & Pumpkin Sales
P
Subject to Chapter 6.42
Contractor's Office & Storage
P
Subject to §18.38.105
Special Events
P
Not permitted except for specific uses
identified and subject to §18.38.240
EXHIBIT "E"
CHAPTER 18.14 PUBLIC AND SPECIAL-PURPOSE ZONES
SECTION NO. 18.14.030, TABLE 14-A (PRIMARY USES: PUBLIC AND SPECIAL-
PURPOSE ZONES) AND TABLE 14-B (ACCESSORY USES AND STRUCTURES:
PUBLIC AND SPECIAL-PURPOSE ZONES)
(ZCA2006-00052)
Table 14-A
P=Permitted by Right
PRIMARY USES: PUBLIC AND
C=Conditional Use Permit
SPECIAL-PURPOSE ZONES
Required
N=Prohibited
T=Telecommunications
Antenna Review Permit
Required
OS
PR
SP
T
Special Provisions
Residential Classes of Uses
Dwellings—Single-Family
N
N
N
P
Detached
Mobile Home Parks
N
N
N
C
Senior Citizens Housing
N
N
N
C
Senior Citizens Apartment
projects subject to Chapter 18.50
Non -Residential Classes of Uses
Agricultural Crops
P
N
N
P
Alcoholic Beverage Sales—On-
N
C
C
C
In the "T" Zone, only in
Sale
conjunction with a Community
and Religious Assembly use
Ambulance Services
N
N
N
C
Animal Boarding
C
N
N
C
Antennas—Broadcasting
N
N
N
C
Antennas—Private Transmitting
N
N
N
C
Subject to §18.38.040
Antennas—Telecommunications-
T
T
T
T
Subject to §§ 18.38.060 and
Stealth Building -Mounted
18.62.020
Antennas—Telecommunications-
C
C
C
C
Subject to §18.38.060
Stealth Ground -Mounted
Antennas—Telecommunications-
N
N
N
N
Subject to §18.38.060
Ground -Mounted
Automotive—Public Parking
N
P
C
N
Automotive—Service Stations
N
N
N
C
Subject to §18.38.070
Automotive—Washing
N
N
N
C
Bed & Breakfast Inns
N
N
C
C
Subject to § 18.38.080
Beekeeping
N
N
N
C
Cemeteries
C
N
C
C
Commercial Retail Centers
N
N
N
C
Only allowed in "T" Zone on
properties designated by the
General Plan for Commercial
Land Uses
Community & Religious
Assembly
N
N
C
C
Convalescent & Rest Homes
N
N
N
C
Convenience Stores
N
C
C
C
Subject to §18.38.110
Dance & Fitness Studios—Small
N
C
N
N
Day Care Centers
N
C
C
C
Educational Institutions—Business
N
C
P
C
Educational Institutions—General
N
C
P
C
Golf Courses & Country Clubs
C
P
P
C
Only allowed use in PR Zone is
municipally owned golf course
Group Care Facilities
N
C
C
N
Helipads
N
N
C
N
Hospitals
N
N
C
C
Hotels & Motels
N
C
N
C
Mortuaries
N
N
N
C
Oil Production
N
N
N
C
Subject to §18.38.180
Plant Nurseries
P
C
C
C
Subject to §§ 18.38.190 and
18.38.200
Public Services
N
P
P
P
Recreation—Billiards
N
C
C
C
Recreation—Commercial Indoor
N
C
C
C
Recreation—Commercial Outdoor
N
P
C
C
Within the "T" Zone, use is
subject to § 18.14.030.130
Recreation—Low-Impact
C
P
C
C
Recreation—Swimming & Tennis
N
P
C
C
Recycling Services—General
N
N
N
C
Subject to Chapter 18.48
Restaurants—Drive-Through
N
N
C
N
Subject to §18.38.220
Restaurants—General
N
C
C
C
Subject to § 18.3 8.220
Restaurants—Semi-Enclosed
N
C
C
C
Subject to §18.38.220
Restaurants—Walk-Up
N
C
C
N
Retail Sales—General
N
N
N
C
Only allowed in "T" Zone on
properties designated by the
General Plan for Commercial
Land Uses
Retail Sales—Used Merchandise
N
N
N
C
Room & Board
N
N
N
C
Self -Storage
N
N
C
N
Transit Facilities
N
C
C
C
Utilities—Major
C
C
C
C
Utilities—Minor
P
P
P
P
Veterinary Services
N
N
N
C
Table 14-B
ACCESSORY USES AND STRUCTURES:
PUBLIC AND SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
N=Prohibited
OS
PR
SP
T
Special Provisions
Agricultural Workers Quarters
N
N
N
P
Allowed only if agricultural
operation on the lot is a minimum
of 10 acres; no kitchens are
allowed
Animal Keeping
P
P
P
P
Only in conjunction with
residence; subject to §18.38.030
Antennas—Dish
P
P
P
P
Subject to §18.38.050
Antennas—Receiving
P
P
P
P
Subject to §18.38.050
Bingo Establishments
N
N
P
P
Subject to Chapter 7.34
Caretaker Units
P
P
P
P
Subject to § 18.3 8.090
Day Care—Large Family
N
N
N
P
Subject to §18.38.140
Day Care—Small Family
N
N
N
P
Fences & Walls
P
P
P
P
Subject to §18.40.050; this use
may occur on a lot without a
primary use
Home Occupations
P
P
P
P
Only in conjunction with a
residence; subject to § 18.38.130
Landscaping & Gardens
P
P
P
P
Subject to Chapter 18.46; this use
may occur on a lot without a
primary use
Mechanical & Utility
P
P
P
P
Subject to §18.38.160
Equipment—
Ground Mounted
Mechanical & Utility
P
P
P
P
Subject to §18.38.170
Equipment—
Roof Mounted
Parking Lots & Garages
P
P
P
P
To serve needs of primary use
only
Petroleum Storage—Incidental
N
N
N
P
Portable Food Carts
N
P
P
P
Subject to § 18.38.210
Recreation Buildings &
P
P
P
P
Structures
Recycling Services—Consumer
N
P
P
P
Subject to Chapter 18.48
Signs
P
P
P
P
Subject to Chapter 18.44
Solar Energy Panels
P
P
P
P
Must be mounted on the roof and,
if visible from the street level,
must be parallel to the roof plane
Vending Machines
P
P
P
P
Shall be screened from view from
public rights-of-way and shall not
encroach onto sidewalks
EXHIBIT "F"
CHAPTER 18.46 (LANDSCAPING AND SCREENING)
SUBSECTION NO. 18.46.110.020, TABLE 46-A REQUIRED FENCES AND WALLS AND
SUBSECTION NO. 18.46.110.030, TABLE 46-B PERMITTED FENCES AND WALLS
(ZCA2006-00052)
Table 46-A
Required Fences and Walls
Zones
Single -Family
Multiple-
Commercial
Industrial
Public and
Special
Residential
Family
Special-
Provisions
Residential
Purpose
Enclosing Outdoor Stora e
Not applicable
Not applicable
Not applicable
6-8 feet high
Not applicable
Subject to § 18.38.200
fence or
(Outdoor Storage)
masonry wall
and §18.46.110.090
(Enclosure of Outdoor
Uses
Separating Zones
Abutting Single-
None
6-8 feet
8 feet
8 feet
"OS": None; "PR":
May be a combination of a
Family Residential
decorative
decorative
decorative
6 feet; 'T': 6 feet,
masonry wall and berm;
Zone
masonry wall
masonry wall
masonry wall
except if developed
subject to § 18.46.110.060
or berm
or berm
or berm
with single-family
(Front Yards)
residential; "SP": 6
feet
Abutting Multiple-
6-8 feet decorative
None
8 feet
8 feet
"OS": None; "PR":
May be a combination of a
Family Residential
masonry wall or
decorative
decorative
6 feet; 'T": 6 feet,
masonry wall and berm;
Zone
berm
masonry wall
masonry wall
except if developed
subject to § 18.46.110.060
or berm
or berm
with single-family
(Front Yards)
residential; "SP": 6
feet
Abutting
8 feet decorative
8 feet
None
None
"OS": None; "PR":
May be a combination of a
Commercial
masonry wall or
decorative
None; 'T": 6 feet;
masonry wall and berm;
berm
masonry wall
"SP": None
subject to § 18.46.110.060
or berm
Front Yards
Abutting Industrial
6-8 feet decorative
6-8 feet
None
None
"OS": None; "PR":
May be a combination of a
masonry wall or
decorative
None; 'T": 6 feet;
masonry wall and berm;
berm
masonry wall
"SP": None
subject to § 18.46.110.060
or berm
Front Yards
Abutting Mixed Use
6 feet
6 feet
None
6 feet
None
Abutting Residential
None
8 feet solid
8 -foot
8 -foot
"OS": None; "PR":
May be a combination of a
Uses
wall or berm
decorative
decorative
6 feet; "T": 6 feet;
masonry wall and berm;
abutting
masonry wall
masonry wall
"SP": 6 feet
subject to §18.46.110.060
single-family
or berm
or berm
(Front Yards)
residential
uses
Adjacent to
6-8 feet decorative
6-8 feet
None
None
None,
Subject to §18.40.090
Freeways & Toll
masonry or berm
decorative
except for
(Sound Attenuation for
Roads
masonry or
residential uses in
Residential Developments)
berm
'T" Zone: 6 feet
and subject to
§18.46.110.040
(Residential Areas
Adjacent to Major Rights -
of -Way)
Abutting Railroads
6-8 feet decorative
6-8 feet
6-8 feet
6-8 feet
6-8 feet decorative
Vines required on fencing;
masonry
decorative
decorative
decorative
masonry or berm,
and subject to
masonry
masonry or
masonry or
chainlink*
§18.46.110.040
berm,
berm,
interwoven with
(Residential Areas
chainlink*
chainlink*
PVC slats
Adjacent to Major Rights -
interwoven
interwoven
of -Way) and
with PVC
with PVC slats
§18.46.110.050.0502
slats*
(Permitted Use of
Chainlink Fencing)
*chainlink only where fence
is not visible to public right-
of-way other than railroads
Notes on Table 46-A:
1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential.
2. Properties zoned "T," which are not developed with a residential use, shall not be treated as residential.
EXHIBIT "F"
CHAPTER 18.46 (LANDSCAPING AND SCREENING)
SUBSECTION NO. 18.46.110.020, TABLE 46-A REQUIRED FENCES AND WALLS AND
SUBSECTION NO. 18.46.110.030, TABLE 46-B PERMITTED FENCES AND WALLS
(ZCA2006-00052)
Table 46-B
Permitted Fences and Walls
Zones
Single -Family
Multiple-
Commercial
Industrial
Public and
Special
Residential
Family
Special-
Provisions
Residential
Purpose
Within Required Front or Street Setbacks
Maximum Height
3 feet, except as
3 feet, except
3 feet, except
3 feet to 6
3 feet, except as
"3 feet in min. landscaped
provided herein
as provided
as provided
feet', except
provided herein
setback, 6 feet decorative
herein
herein
as provided
and landscaped wrought
herein
iron at back of min.
landscaped setback; see
also §18.46.110.060 (Front
Yards
Material Limitations
No barbed wire or
No barbed
No barbed
No barbed
No barbed wire or
chain link
wire or chain
wire or chain
wire where
chain link
link
link
visible to
public right-of-
way (excl.
alleys) or non-
industrial
ropert
Within Vacant Lots
Maximum 6 feet
Maximum 6
Maximum 8
Maximum 8
Maximum 8 feet
Subject
& Construction Sites
chain link permitted
feet chain link
feet chain link
feet chain link
chain link permitted
to §18.46.110.050.0501
permitted
permitted
permitted
(Permitted Use of Chain
Link Fencing)
Abutting arterial
Maximum 8 feet
N/A
N/A
N/A
N/A
Subject to §18.46.110.060
highways or scenic
(Front Yards) and Chapter
expressways
18.62 (Administrative
Reviews
Within Required Side, Rear, or Interior Setbacks
All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in all zones
Additional Fencing:
Maximum Height
6 feet
6 feet
6 feet
6 feet
6 feet
8 feet, if residence abuts
non-residential use
Permitted Material
No barbed wire
No barbed
No barbed
No barbed
No barbed wire
wire or chain
wire or chain
wire visible to
No chain link, if
link
link
public right -of -
visible to public
way
right-of-way other
than aIle
Tennis, Paddleball,
10 feet chain link,
10 feet chain
10 feet chain
None
10 feet chain link,
etc,
but not in front yard
link, but not in
link, but not in
but not in street
and street side of
street setback
street setback
setback
reverse corner lot
Abutting arterial
Maximum 8 feet
Maximum 8
Maximum 8
Maximum 8
Maximum 8 feet
highways or scenic
feet
feet
feet
expressways
Abutting Public
6-8 feet
6-8 feet
6-8 feet
6-8 feet
6-8 feet
Subject to §18.46.110.080
Alleys
Notes on Table 46-13:
1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential.
2. Properties zoned "T," that are not developed with a residential use, shall not be treated as residential.
EXHIBIT "G"
CHAPTER 18.52 DENSITY BONUSES
AMEND THE CHAPTER IN ITS ENTIRETY AS INDICATED IN THIS EXHIBIT
(ZCA2006-00052)
Chapter 18.52
DENSITY BONUSES
Sections:
18.52.010
Purpose.
18.52.020
Definitions.
18.52.030
Application.
18.52.040
General density bonus.
18.52.050
Transfer of land.
18.52.060
Condominium conversion.
18.52.070
Child care facilities.
18.52.080
Affordable rental housing development.
18.52.090
Development incentives.
18.52.100
Parking ratios.
18.52.110
Application review.
18.52.120
Findings.
18.52.130
Notice of approval or denial.
18.52.140
Appeals.
18.52.150
Time to exercise entitlement.
18.52.160
Density bonus housing agreement.
18.52.170
Conflict with other laws.
18.52.180
Penalty for violations.
1
18.52.010 PURPOSE.
The purpose of this Chapter is to facilitate the development of affordable rental and
for -sale housing in accordance with Chapter 4.3 Section 65915 et. seq of the California
Government Code and to achieve the goals, objectives, and policies of the Housing
Element of the General Plan.
18.52.020 DEFINITIONS.
For purposes of this Chapter, the following words, terms and phrases shall have the
meanings indicated below:
.010 "Affordable Housing Cost." An affordable housing cost as defined in Section
50052.5 of the California Health and Safety Code.
.020 "Affordable Housing Rent." An affordable housing rent as defined by Section
50053 of the California Health and Safety Code. In the event, a project receives state
and/or federal funding; the affordable rents under those funding sources may apply, as
approved by the Executive Director of Community Development.
.030 "Affordable Rental Housing Development." A Housing Development that
meets the requirements of Section 18.52.080 (Affordable Rental Housing Development).
.040 "Affordable Unit." A dwelling unit subject to the provisions of this Chapter
that will be reserved for sale or rent to, and is made available at an Affordable Housing
Rent or Affordable Housing Cost.
.050 "Child Care Facility." A child care facility as defined in Section 65915(1)(4)
of the California Government Code.
.060 "Common Interest Development." A common interest development as defined
in Section 1351 of the California Civil Code including, but not limited to, condominiums.
.070 "Density Bonus." A density increase over the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element of the
Anaheim General Plan, up to the amount set forth in Sections 18.52.040 (General Density
Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.070
(Child Care Facilities) and 18.52.080 (Affordable Rental Housing Development).
.080 "Density Bonus Application." A formal application for a Density Bonus,
Incentive and/or Parking Ratio made pursuant to this Chapter 18.52 (Density Bonuses)
and in accordance with the provisions of Section 18.52.110 (Application Review).
.090 "Density Bonus Housing Agreement." An unsubordinated legally binding
agreement in form and substance satisfactory to the City, between the applicant and the
2
City that complies with the requirements of this Chapter and ensures that the restrictions
required by this Chapter are satisfied.
.100 "Density Bonus Memorandum." A written acknowledgement of the basic
terms of the Density Bonus Housing Agreement, including but not limited to the number
of affordable units required under this Chapter as well as the unit type and Affordable
Housing Rent schedule or Affordable Housing Costs as applicable for such units.
.110 "Density Bonus Units." Residential units granted pursuant to the provisions of
this Chapter that exceed the otherwise Maximum Allowable Residential Density for the
development site.
.120 "Development Standard." The standards referenced in California Government
Code Section 65915(o)(1).
.130 "General Density Bonus." A Density Bonus that meets the requirements of
Section 18.52.040 (General Density Bonus) of this Chapter.
.140 "Housing Development." A housing development as defined in California
Government Code Section 659150).
.150 "Incentive." A modification to Title 18 (Zoning) requirements that
contributes significantly to the economic feasibility of the construction of a Housing
Development with Affordable Units and/or a Child Care Facility.
.160 "Irregular Lot." Land that is a legal lot of record, but does not meet the
minimum lot size, street frontage or dimensions required by Title 18 (Zoning).
.170 "Lot with Multiple Street Frontages." Land that is a legal lot of record with
two or more frontages along a public street or alley.
.180 "Lower Income Households." Households of lower income as defined in
Section 50079.5 of the California Health and Safety Code.
.190 "Low Income Households." Households of low income as defined in Section
50093 of the California Health and Safety Code.
.200 "Maximum Allowable Residential Density." The maximum density allowed
according to the site's zoning or general plan land use designation, whichever is greater.
If the Housing Development is within a zoning classification other than residential, the
"Maximum Allowable Residential Density" shall be the same as that for the RM -4 Zone
for rental projects and the same as that for the RM -3 Zone for for -sale projects.
.210 "Moderate Income Households." Households of moderate income as defined
in Section 50093 of the California Health and Safety Code.
3
.220 "Parking Ratio." The minimum number of parking spaces required in
accordance with the provisions of Section 18.52. 100 (Parking Ratios).
.230 "Professional Management." An apartment management company that has
sufficient experience, organizational stability and capacity to manage the Housing
Development.
.240 "Senior Citizen Housing Development." A Housing Development for senior
citizens as defined in Sections 51.3 and 51.12 of the California Civil Code or a mobile
home park that limits residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the California Civil Code.
.250 "Special Needs Population." Certain groups who need services linked to their
housing, such as: disabled households, handicapped, homeless persons, or chronically ill
persons.
.260 "Very Low Income Households." Households of very low income as defined
in Section 50105 of the California Health and Safety Code.
18.52.030 APPLICATION.
010 Locations. This Chapter shall apply citywide.
.020 State Regulations. Sections of the California Government Code, Health and
Safety Code and Civil Code referenced in this Chapter are available from the Planning
Department.
.030 Applicable Requests. The City shall grant a Density Bonus, Incentive and/or
Parking Ratio request(s) when the applicant meets the requirements of this Chapter,
unless written findings are made in accordance with the provisions of Section 18.52.120
(Findings).
.040 General Requirements. All requests pursuant to this Chapter shall be subject
to the following requirements, which are further specified in Section 18.52.110
(Application Review):
.0401 Pre -application Conference with the Community Development
Department.
0402 Pre -File Review.
0403 Density Bonus Memorandum.
0404 Density Bonus Application.
El
0405 Density Bonus Housing Agreement.
.050 Additional Affordability Requirements. Any affordability requirements
identified in this Chapter shall be in addition to the requirements of Chapter 18.50
(Senior Citizens' Apartment Projects).
.060 Direct Financial Incentives. This Chapter does not limit or require the
provision of direct financial incentives for any proposed development, including the
provision of publicly owned land, by the City, or the waiver of fees or dedication
requirements.
18.52.040 GENERAL DENSITY BONUS.
.010 Approval. The City shall grant a General Density Bonus for a Housing
Development that meets the requirements of this Chapter, including the following
requirements of this Section, unless written findings are made in accordance with the
provisions of Section 18.52.120 (Findings):
.0101 Minimum Project Size. The Housing Development, without the
Density Bonus, shall be a minimum of five (5) units.
.0102 Construction of Affordable Units. Affordable Units shall be
constructed concurrently with other units unless both the City and the applicant agree
within the Density Bonus Housing Agreement to an alternative schedule for
development.
.0103 Rental Housing - Length of Affordability. Affordable Units for Low
and Very Low Income Households shall remain restricted to an Affordable Rent for a
period of at least thirty (30) years, or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance program,
rental subsidy program, or pursuant to the requirements for an Affordable Rental Housing
Development as specified in Section 18.52.080 (Affordable Rental Housing
Development).
.0104 Rental Housing - Professional Management. The Density Bonus
Housing Agreement for all Rental Housing Development shall include provisions which
require Professional Management, which provides for the continued maintenance of the
property, including, but not limited to the following:
.01 Professional Management shall be on-site for any Housing
Development with sixteen (16) or more units. A full-time resident manager shall be
exclusively employed to manage the Housing Development.
G
.02 Professional Management shall monitor the use of parking spaces
within the Housing Development to ensure that parking spaces are provided, maintained
and used in accordance with the terms of the Density Bonus Housing Agreement.
.03 Professional Management shall ensure that the Housing
Development is maintained in a manner that is consistent with the standards of the
Anaheim Municipal Code.
.0105 For -Sale Housing. An applicant for a Common Interest Development
that includes a Density Bonus shall offer the Affordable Units to the initial buyer of the
Affordable Unit at an Affordable Housing Cost. The City shall enforce an equity -sharing
agreement, unless it is in conflict with the requirements of another public funding source
or law. The following shall apply to the equity -sharing agreement:
.01 Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share of appreciation.
The local government shall recapture any initial subsidy, if applicable, and its
proportionate share of appreciation, which shall then be used within three years for any of
the purposes described in Section 33334.2 of the California Health and Safety Code that
promote homeownership.
.02 The City's initial subsidy, if applicable, shall be equal to the fair
market value of the home at the time of initial sale minus the initial sale price to the very -
low income household, low income household or moderate income household, as
applicable, plus the amount of any down payment assistance or mortgage assistance. If
upon resale the market value is lower than the initial market value, then the value at the
time of the resale shall be used as the initial market value.
.03 The City's proportionate share of appreciation shall be equal to the
ratio of the initial subsidy, if applicable, to the fair market value of the home at the time
of initial sale.
.04 If applicable, the Density Bonus Housing Agreement shall include
the provisions required by Section 65916 of the California Government Code.
.020 Density Bonus Calculations. An applicant requesting a Density Bonus shall
calculate the Density Bonus, using Tables 52-A, B or C, according to the number and
type of Affordable Units proposed.
.0201 Percentage. The percentage of Affordable Units (the first column in
Tables 52-A, B and C) is the number of Affordable Units divided by the total number of
units in the Housing Development (without a Density Bonus).
.0202 Number of Density Bonus Units. The number of units granted by the
Density Bonus is the percentage Density Bonus (the second column in Tables 52-A, B
0
and C) multiplied by the total number of units in the Housing Development (without a
Density Bonus).
.0203 Fractional Units. All Density Bonus calculations (over the otherwise
maximum allowable residential density under the applicable zoning designation and land
use element of the General Plan) resulting in fractional units shall be rounded up to the
next whole number.
.030 Types of Affordable Units. The following are the four (4) types of Affordable
Units that may be implemented:
.0301 Very Low Income. A Housing Development in which at least five
percent (5%) of the total units of the Housing Development are Affordable Units to Very
Low Income Households, shall be eligible for a Density Bonus as shown in Table 52-A
(Very Low Income Density Bonus).
.0302 Lower Income. A Housing Development in which at least ten percent
(10%) of the total units of the Housing Development are Affordable Units to Lower
Income Households, shall be eligible for a Density Bonus as shown in Table 52-B
(Lower Income Density Bonus).
.0303 Moderate Income. A Common Interest Development in which at least
ten percent (10%) of the total units are Affordable Units to Moderate Income
Households, provided that all units in the development are offered to the public for
purchase, shall be eligible for a Density Bonus as shown in Table 52-C (Moderate
Income Density Bonus). Rental Housing Developments targeted for Moderate Income
Households are not eligible for a Density Bonus.
.0304 Senior Citizen Housing Development. A Senior Citizen Housing
Development shall be eligible for a twenty percent (20%) Density Bonus, unless
otherwise prohibited by state and/or federal law.
.040 Multiple Types of Affordable Units. If a Housing Development includes
multiple types of Affordable Units, the applicant shall choose a single type of Affordable
Unit to calculate the Density Bonus. Different types of Affordable Units may be
combined as follows:
.0401 Very Low Income Units. Units that are affordable to Very Low
Income Households may be calculated according to Table 52-B (Lower Income Density
Bonus); or, if the units are in a Common Interest Development, the units may be
calculated according to Table 52-C (Moderate Income Density Bonus).
.0402 Lower Income Units. Units that are affordable to Lower Income
Households and are in a Common Interest Development may be calculated according to
Table 52-C (Moderate Income Density Bonus); if the units are not affordable to Very
VA
Low Income Households, they shall not be calculated according to Table 52-A (Very
Low Income Density Bonus).
.0403 Moderate Income Units. Units in a Common Interest Development that
are affordable to Moderate Income Households shall only be calculated according to
Table 52-C (Moderate Income Density Bonus). A Density Bonus is not applicable to
rental units for Moderate Income Households.
.050 Lesser Density Bonuses. In cases where the applicant requests a density
increase less than that identified in this Section, no reduction will be allowed in the
number of Affordable Units required.
.060 Greater Density Bonuses. In cases where a density increase of more than thirty-
five percent (35%) is requested, the requested density increase, if granted, shall be
considered an additional Incentive, pursuant to Section 18.52.090 (Development
Incentives).
Table 52-A
VERY LOW INCOME DENSITY BONUS
Percentage Very Low Income
Units
Percentage Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income
Units
Percentage Density Bonus
10
20
11
21.5
12
23
Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income
Units
Percentage Density Bonus
13
24.5
14
26
15
27.5
16
29
17
30.5
18
32
19
33.5
20
35
Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Income
Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Income
Units
Percentage Density Bonus
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
18.52.050 TRANSFER OF LAND.
.010 Approval. The City shall grant a Density Bonus when an applicant for a
tentative subdivision map, parcel map, or other residential development approval donates
land to the City for the development of Affordable Units for Very Low Income
Households and meets the requirements of this Chapter, including the following
requirements of this Section, unless written findings are made in accordance with Section
18.52.120 (Findings):
.0101 Minimum Site Requirements. The transferred land shall meet all of the
following minimum site requirements:
10
.01 The land shall be at least one (1) net acre or of sufficient size to
permit development of at least forty (40) units.
.02 The land shall be of sufficient size to permit construction of
Affordable Units for Very Low Income Households equal to or greater than ten percent
(10%) of the number of units proposed by the associated subdivision map, parcel map or
residential development approval. The number of Affordable Units shall be used to
calculate the Density Bonus pursuant to subsection 18.52.050.020 (Density Bonus
Calculations).
.03 The land shall have the appropriate zoning and general plan
designations to permit construction pursuant to .01 and .02 above.
.04 The land shall or will be served by adequate public facilities and
infrastructure.
.05 The land shall be within the boundary of the proposed
development or another suitable location subject to the approval of the Executive
Director of Community Development.
.0102 Permits and Approvals. No later than the date of approval of the final
subdivision map, parcel map, or of the residential development, the transferred land shall
have all of the permits and approvals, other than building permits, necessary for the
development of the Affordable Units for Very Low Income Households on the
transferred land, except that the City may subject the proposed development to
subsequent design review, to the extent authorized by subdivision (i) of Government
Code Section 65583.2, if the design is not reviewed by the City prior to the time of
transfer.
.0103 Date of Transfer. The applicant shall donate and transfer land no later
than the date of approval of the final subdivision map, parcel map, or residential
development application.
.0104 Land Recipient. The land shall be transferred to the City or to a
housing developer approved by the Executive Director of Community Development. The
Executive Director may require the applicant to identify and transfer the land to the
developer.
.0105 Length of Affordability. The Affordable Units built on the transferred
land shall remain restricted to an Affordable Rent for Very Low Income Households for a
period of at least thirty (30) years, or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program.
11
.020 Density Bonus Calculations. An application for a Density Bonus pursuant to
this Section that meets the requirements of this Chapter shall be eligible for a Density
Bonus as shown in Table 52-D (Transfer of Land Density Bonus).
.0201 Percentage. The percentage of Affordable Units (the first column in
Table 52-D) is the number of Affordable Units that shall be built on the transferred land
divided by the total number of units in the proposed Housing Development (without a
Density Bonus).
.0202 Number of Density Bonus Units. The number of units granted by the
Density Bonus is the percentage Density Bonus (the second column in Table 52-D)
multiplied by the total number of units in the Housing Development (without a Density
Bonus).
.0203 Fractional Units. All Density Bonus calculations (over the otherwise
maximum allowable residential density under the applicable zoning designation and land
use element of the General Plan) resulting in fractional units shall be rounded up to the
next whole number.
.030 Lesser Density Bonuses. In cases where the applicant requests a density
increase less than that identified in this Section, no reduction will be allowed in the
number of affordable units required.
.040 Greater Density Bonuses. In cases where a density increase of more than
thirty-five percent (35%) is requested, the requested density increase, if granted, shall be
considered an additional Incentive, pursuant to Section 18.52.090 (Development
Incentives).
.050 Combination. A Density Bonus pursuant to this Section shall be in addition to
any increase in density mandated by Section 18.52.040 (General Density Bonus), up to a
maximum combined density increase of thirty-five percent (35%) if an applicant seeks
both the increase required pursuant to this Section and Section 18.52.040 (General
Density Bonus).
Table 52-D
TRANSFER OF LAND DENSITY BONUS
Percentage Very Low Income
Units
Percentage Density Bonus
10
15
11
16
12
17
13
18
12
Table 52-D
TRANSFER OF LAND DENSITY BONUS
Percentage Very Low Income
Units
Percentage Density Bonus
14
19
15
20
16
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
26
31
27
32
28
33
29
34
30
35
18.52.060 CONDOMINIUM CONVERSION.
.010 Approval. The City shall grant one of the following options for an application
for a Density Bonus processed in conjunction with a Conditional Use Permit for a
Condominium Conversion and meeting the requirements of this Chapter, unless written
findings are made in accordance with Section 18.52.120 (Findings).
.0101 Density Bonus. Up to twenty-five percent (25%) over the number of
apartments otherwise permitted by Title 18 (Zoning), to be provided within the existing
structure or structures proposed for conversion.
.0102 Other Incentives of Equivalent Financial Value. For purposes of this
Section, "other incentives of equivalent financial value" shall not be construed to require
13
the City to provide cash transfer payments or other monetary compensation but may
include the reduction or waiver of requirements which the City might otherwise apply as
conditions of conversion approval.
.020 Condominium Conversion Requirements. An application for a Density Bonus
pursuant to this Section shall meet the following requirements:
.0201 Affordable Unit Options. Affordable Units shall be provided in
accordance with one of the following two options:
.01 Low or Moderate Income. At least thirty-three percent (33%) of
the total units of the proposed condominium project, including any units that are granted
by a Density Bonus, shall be Affordable Units to Low or Moderate Income Households,
or
.02 Lower Income. At least fifteen percent (15%) of the total units of
the proposed condominium project, including any units that are granted by a Density
Bonus, shall be Affordable Units to Lower Income Households.
.0202 Pre -File Application. An applicant for approval to convert apartments
to a condominium project shall submit to the City a pre -file application pursuant to
Chapter 18.60 (Procedures) prior to the submittal of any formal requests for subdivision
map approvals.
.0203 Conditional Use Permit. An applicant for approval to convert
apartments to a condominium project shall submit a request for a Conditional Use Permit
pursuant to the requirements of Section 18.38.100 (Condominium Conversions) and a
Density Bonus Application pursuant to the requirements of this Chapter. Nothing in this
Section shall be construed to require the City to approve a proposal to convert apartments
to a condominium project.
.0204 Ineligible Condominium Conversions. An applicant shall be ineligible
for a Density Bonus or other Incentives under this Section if the apartments proposed for
conversion constitute a Housing Development for which a Density Bonus or other
Incentives were already provided under this Chapter.
.030 Conditions of Approval. The City may place such reasonable conditions on
the granting of the Density Bonus or other Incentives pursuant to this Section, as it finds
appropriate, including, but not limited to, conditions which assure continued affordability
of units to subsequent purchasers of Lower, Low and Moderate Income Households.
18.52.070 CHILD CARE FACILITIES.
.010 Approval. When an applicant proposes to construct a Housing Development
that conforms to the requirements of Section 18.52.040 (General Density Bonus) and
14
includes a Child Care Facility that will be located on the premises of, as part of, or
adjacent to, the project, and meets the requirements of this Section, the City shall grant
either of the following, unless written findings are made in accordance with subsection
.020 (Child Care Facilities) of Section 18.52.120 (Findings).
.0101 Density Bonus. An additional Density Bonus that is an amount of
square feet of residential space that is equal to or greater than the amount of square feet in
the Child Care Facility; or
.0102 Incentive. An incentive that contributes significantly to the economic
feasibility of the construction of the Child Care Facility.
.020 Child Care Facilities Requirements. An application for a Density Bonus
pursuant to this Section shall meet the following requirements:
.0201 Operation. The Child Care Facility shall remain in operation for a
period of time that is as long or longer than the period of time during which the
Affordable Units are required to remain affordable pursuant to Section 18.52.040
(General Density Bonus).
.0202 Enrollment. Of the children who attend the Child Care Facility, the
percentage of children from Very Low Income Households, Lower Income Households,
or Moderate Income Households shall be equal to or greater than the percentage of
Affordable Units that are required for Very low Income Households, Lower Income
Households, or Moderate Income Households pursuant to Section 18.52.040 (General
Density Bonus).
18.52.080 AFFORDABLE RENTAL HOUSING DEVELOPMENT.
.010 Approval. The City shall, at the request of the applicant, grant any Affordable
Rental Housing Development that meets the requirements of this Chapter, all of the
following:
.0101 Density Bonus. A thirty-five percent (35%) Density Bonus, unless
written findings are made in accordance with Section 18.52.120 (Findings).
.0102 Tier One Incentives. Any and all Tier One Incentives, as specified in
Section 18.52.090 (Development Incentives). These Incentives shall not count towards
the minimum number of Incentives granted or be subject to discretionary review or
denial.
.0103 Tier Two Incentives. Three (3) Tier Two Incentives, unless written
findings are made in accordance with Section 18.52.120 (Findings).
15
.0 104 Parking Ratios. The minimum parking requirements for an Affordable
Rental Housing Development pursuant to Section 18.52.100 (Parking Ratios).
.020 Affordable Rental Housing Development Requirements. An Affordable
Rental Housing Development shall meet the following requirements:
.0201 Minimum Site Size. The development site shall not be less than one
(1) net acre, provided that, notwithstanding the foregoing, the Planning Director, in his or
her discretion, may permit a project on a smaller development site upon a finding that the
project can provide enough units to be financially capable of supporting the cost of on-
site Professional Management.
.0202 Zone. The development site shall be in a RM -3 or RM -4 Zone and
shall comply with the standards of the respective zone unless otherwise set forth in this
Chapter.
.0203 Minimum Project Size. The Affordable Rental Housing Development
shall consist of not less than thirty six (36) units, provided that, notwithstanding the
foregoing, the Planning Director, in his or her discretion, may permit a project with fewer
units to qualify as an Affordable Rental Housing Development upon a finding that the
project is financially capable of supporting the cost of on-site Professional Management.
.0204 Affordable Units. A minimum of twenty percent (20%) of the total
units in the project or five (5) units, whichever is greater, shall be restricted to an
Affordable Housing Rent for Very Low Income Households for not less than fifty-five
(55) years. The Affordable Housing Rent shall be determined based on the household and
unit size assumptions shown in Table 52-E (Affordable Rental Housing Development
Household and Unit Size Assumptions) unless the Housing Development is subject to
different assumptions imposed by other governmental regulations:
Table 52-E
AFFORDABLE RENTAL HOUSING DEVELOPMENT
HOUSEHOLD AND UNIT SIZE ASSUMPTIONS
Unit Size
Household Size
1 bedroom
2 persons
2 bedroom
3 persons
3 bedroom
4 persons
4 bedroom
5 persons
.0205 Ratio of Affordable Units. The ratio of each of the one or more
bedroom Affordable Units as a percentage of the total number of Affordable Units shall
not be less than the ratio of each of the one or more bedroom units as a percentage of the
total number of units in the Affordable Rental Housing Development. An Affordable
16
Unit with a greater number of bedrooms may be substituted for an Affordable Unit with
fewer bedrooms. An Affordable Unit with fewer bedrooms shall not be substituted for an
Affordable Unit with more bedrooms.
.0206 Limitations on One (1) Bedroom Units. No more than thirty percent
(30%) of the total units in the Affordable Rental Housing Development shall be one (1)
bedroom units, provided that, notwithstanding the forgoing, the Planning Director, in his
or her discretion, may permit a project with a greater percentage of one (1) bedroom units
if they are targeted for a Special Needs Population.
.0207 Occupancy. Occupancy of each unit in the Affordable Rental Housing
Development shall not exceed two (2) persons per bedroom plus one (1) person.
.0208 Professional Management. The Density Bonus Housing Agreement for
the Affordable Rental Housing Development shall include provisions that require
Professional Management for all of the units within the Affordable Rental Housing
Development upon completion of the Affordable Rental Housing Development and .prior
to occupancy, to provide for the continued maintenance of the property, including, but
not limited to, the following:
.O1 Professional Management shall monitor the use of parking spaces
within the Affordable Rental Housing Development to ensure that parking spaces are
provided, maintained and used in accordance with the terms of the Density Bonus
Housing Agreement and Section 18.52. 100 (Parking Ratios).
.02 Professional Management shall ensure that the Affordable Rental
Housing Development is maintained in a manner that is consistent with the standards of
the Anaheim Municipal Code.
.03 Professional Management shall ensure that first priority is given to
people who live or work in the City during the tenant selection process in accordance
with the terms of the Density Bonus Housing Agreement.
.0209 Project Design. The design of the proposed Affordable Rental
Housing Development shall:
.01 Be compatible with the scale and character of the existing
neighborhood and nearby land uses;
.02 Preserve the integrity and character of the property's zoning
designation and the General Plan; and,
.03 Comply with the guidelines set forth in the Residential Design
Guidelines for Affordable Housing Development produced by the City of Anaheim, the
Anaheim Historic District Preservation Plan and any other applicable guidelines adopted
17
by the City from time to time. In the event of a conflict between any of these guidelines
and this Chapter, the requirements of this Chapter shall apply.
.04 The design, quality and appearance of the Affordable Units shall
be compatible with the design of the total Affordable Rental Housing Development.
.0210 Location of Affordable Units. Affordable Units should be built on-site
wherever possible and, when practical, be dispersed within the Affordable Rental
Housing Development. Circumstances may arise in which the public interest would be
served by allowing some or all of the affordable units associated with the Affordable
Rental Housing Development to be produced and operated at an alternative development
site. Where the applicant and the City form such an agreement, the resulting linked
developments shall be considered a single Affordable Rental Housing Development for
purposes of this Chapter. Under these circumstances, the applicant shall be subject to the
same requirements of this Chapter for the Affordable Units to be provided on the
alternative site.
.0211 Parking Ratio. The Affordable Rental Housing Development shall
meet the minimum parking requirements, as specified in Section 18.52.100 (Parking
Ratios), unless a Tier Two Incentive is granted for a reduction in the minimum parking
requirements, pursuant to Section 18.52.090 (Development Incentives).
18.52.090 DEVELOPMENT INCENTIVES.
.010 Approval. The City shall grant the number of Incentives as indicated below,
unless written findings are made in accordance with Section 18.52.120 (Findings), with
the exception of Tier One Incentives for an Affordable Rental Housing Development,
which are not subject to discretionary review or denial. The City reserves the right to
allow additional Incentives.
.0101 Density Bonus. An applicant that meets the requirements for a
Density Bonus, as specified in Sections 18.52.040 (General Density Bonus), 18.52.050
(Transfer of Land) or 18.52.060 (Condominium Conversion) shall as a minimum be
granted the number of Incentives identified in Table 52-F (Number of Incentives by
Level of Affordability). An applicant that proposes a Child Care Facility that meets the
requirements specified in 18.52.070 (Child Care Facilities) shall be granted one (1)
additional Incentive.
.0102 Affordable Rental Housing Development. An applicant that meets the
requirements for an Affordable Rental Housing Development, as specified in Section
18.52.080 (Affordable Rental Housing Development), shall be granted any and all Tier
One Incentives and up to three (3) Tier Two Incentives.
Table 52-F
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Affordability
Percentage of Affordable
Number of Development
Units
Incentives*
Very Low Income
At Least 5%
1
At Least 10%
2
At Least 15%
3
Lower Income
At Least 10%
1
At Least 20%
2
At Least 30%
3
Moderate Income
At Least 10%
1
(Common Interest
Developments only)
At Least 20%
2
At Least 30%
3
*An additional Incentive may be granted if the applicant is proposing a Child
Care Facility per the requirements of Section 18.52.070 (Child Care Facilities).
.020 Equivalent Financial Incentive. The City may offer an equivalent financial
incentive in lieu of granting a Density Bonus and an additional Incentive(s). The value of
the equivalent financial incentive shall equal at least the land cost per dwelling unit
savings that would result from the Density Bonus and additional Incentive, as supported
by an independent analysis of the applicant's property, and must contribute significantly
to the economic feasibility of providing the affordable units pursuant to this Chapter.
.030 Tier One Incentives. The following Incentives shall be granted through the
ministerial review procedures defined in Section 18.52.110 (Application Review):
.0301 Site Coverage. The maximum allowable site coverage may be
increased to ninety percent (90%) for any fully subterranean garage and to sixty-five
percent (65%) for all other structures.
.0302 Minimum Tree Size. The minimum tree size of fifty percent (50%) of
the required trees may be decreased from the required twenty four (24) inch box size to a
fifteen (15) gallon size.
.0303 Irregular Lot. An applicant for a Housing Development sited on an
Irregular Lot may request a ten percent (10%) deviation of the structural setbacks
requirements specified in Section 18.06.090 (Structural Setbacks) of Chapter 18.06
19
(Multiple -Family Residential Zones). Multiple requests pursuant to this subsection shall
only be counted as one (1) Incentive towards the number of Incentives granted as
specified in subsection 18.52.090.010 (Approval).
.0304 Lot with Multiple Street Frontages. An applicant for a Housing
Development on a Lot with Multiple Street Frontages may request a reduced landscape
setback of not less than fifteen (15) feet in depth along any arterial highway, measured
from the planned highway right-of-way line, as indicated in the Circulation Element of
the General Plan and a reduced landscaped setback of not less than ten (10) feet in depth
on all other streets. Multiple requests pursuant to this subsection shall only be counted as
one (1) Incentive towards the number of Incentives granted as specified in subsection
18.52.090.010 (Approval).
.0305 Maximum Building Height. An increase in the maximum allowable
building height and/or stories up to four (4) stories when such structure is located more
than one hundred fifty (150) feet from any single-family residential zone boundary or
Mobilehome Park (MHP) Overlay Zone. Approval of this Incentive shall substitute for
any requirement for a Conditional Use Permit to allow building heights up to four (4)
stories.
.0306 Interior Lot Line Setbacks. The required interior lot line setback may
be reduced in conformance with Table 52-G (Setbacks from Interior Property Lines)
below. A minimum five (5) -foot wide landscaped setback shall be provided. For purposes
of this subsection, minimum interior setbacks shall be determined independently for each
story of the structure. Each setback reduction shall be counted as one (1) Incentive
towards the number of Incentives granted as specified in subsection 18.52.090.010
(Approval). Building wall types are defined as follows:
.01 Primary. Building walls that contain entrances and exits and/or
windows opening into living spaces where most activity occurs, such as dining rooms,
living rooms, family rooms, kitchens and bedrooms. Building walls with balconies are
also included.
.02 Secondary. Building walls that contain windows opening into
bathrooms, closets, stairwells and corridors.
access.
.03 Blank. Building walls with no window openings or points of
20
Table 52-G
SETBACKS FROM INTERIOR PROPERTY LINES
Adjacent to a
Single -Family
Residential Zone
Adjacent to all
Other Zones
Two -Story Structures
Primary Wall
30 feet
10 feet
Secondary or Blank Wall
15 feet
10 feet
Three -Story Structures
Primary Wall
35 feet
15 feet
Secondary or Blank Wall
20 feet
10 feet
Four -Story Structures*
Primary Wall
55 feet
15 feet
Secondary or Blank Wall
45 feet
10 feet
* The reduced interior lot line setback is a Tier One Incentive; an increase in
the maximum allowable building height up to four (4) stories is a separate
Incentive.
.0307 Setbacks Between Buildings. The required building separation setback
may be reduced in conformance with Table 52-H (Setbacks Between Buildings). If a
building is parallel to another building of a different height, the setback for each wall as
shown in the following table shall be halved for each building, and then combined to
determine the total setback between the buildings. Each setback reduction shall be
counted as one (1) Incentive towards the number of Incentives granted as specified in
Section 18.52.090.010 (Approval). Building wall types are defined as follows:
.01 Primary. Building walls that contain entrances and exits and/or
windows opening into living spaces where most activity occurs, such as dining rooms,
living rooms, family rooms, kitchens and bedrooms. Building walls with balconies are
also included.
.02 Secondary. Building walls that contain windows opening into
bathrooms, closets, stairwells and corridors.
access.
03 Blank. Building walls with no window openings or points of
21
Table 52-H
SETBACKS BETWEEN BUILDINGS
Two -Story Structures
Wall Type
Primary
Secondary
Blank
Primary
25 feet
10 feet
10 feet
Secondary
10 feet
10 feet
10 feet
Blank
10 feet
10 feet
10 feet
Three -Story Structures
Primary
Secondary
Blank
Primary
35 feet
10 feet
10 feet
Secondary
10 feet
10 feet
10 feet
Blank
10 feet
10 feet
10 feet
Four -Story Structures*
Primary
Secondary
Blank
Primary
45 feet
30 feet
20 feet
Secondary
30 feet
25 feet
20 feet
Blank
20 feet
20 feet
20 feet
*The reduced setback between buildings is a Tier One Incentive; an increase in the maximum
allowable building height up to four (4) stories is a separate Incentive.
.040 Tier Two Incentives. The following Incentives shall be granted through the
public hearing review procedures defined in Section 18.52.110 (Application Review):
.0401 Right -of -Way. A reduction of public right-of-way dedication or
improvements.
.0402 Maximum Building Height. An increase in the maximum allowable
building height and/or stories up to four (4) stories maximum height. Approval of this
Incentive shall substitute for any requirement for a Conditional Use Permit to allow
building heights up to four (4) stories.
.0403 Density Bonus. A Density Bonus greater than thirty-five percent
(35%).
.0404 Parking Ratio. A further reduction in the minimum number of parking
spaces required under Section 18.52. 100 (Parking Ratios).
22
.0405 Mixed Use Zone. Approval of mixed use zoning in conjunction with a
Housing Development subject to the following requirements:
.01 The commercial, office, industrial, or other land uses will reduce
the cost of the Housing Development.
.02 The commercial, office, industrial, or other land uses are
compatible with the Housing Development and the existing or planned development in
the area where the proposed Housing Development will be located.
.03 The request is in conjunction with any required applications for a
Zoning Reclassification and/or General Plan Amendment for a mixed use designation.
.0406 Other Regulatory Incentives. Any other reduction in regulatory
requirements proposed by the applicant or the City that will result in identifiable and
actual cost reductions or avoidance.
.050 Modification of an Approved Incentive. If an applicant has been granted an
Incentive and the proposed plans for the Housing Development are revised and the
revised plans require modification of the approved Incentive, the Planning Director may
approve such modification unless written findings are made in accordance with Section
18.52.120 (Findings). If the Planning Director determines that the request constitutes a
substantial modification or a request for a new Incentive, the request shall be processed
pursuant to Section 18.52.110 (Application Review).
18.52.100 PARKING RATIOS.
.010 Applicable Parking Ratios. An applicant for a Housing Development that
meets the criteria for either a Density Bonus or an Affordable Rental Housing
Development, at the applicant's request, may utilize the related parking ratios shown in
Table 52-I (Reduced Parking Ratios). These parking ratios include handicapped and
guest parking.
.020 Affordable Rental Housing Development. Implementation of the Affordable
Rental Housing Development Parking Ratio shall be subject to a limitation on the number
of vehicles permitted, equal to the number of parking spaces provided. Parking spaces
shall be used only for parking operable vehicles. Such limitations shall remain in full
force and effect for so long as the Affordable Rental Housing Development is maintained
as multiple -family housing, or until the Density Bonus Housing Agreement is terminated
by the City.
.030 Fractional Spaces. If the total number of parking spaces required is not a
whole number, the number shall be rounded up to the next whole number.
23
.040 Tandem, Uncovered and On -Street Parking. For purposes of this subsection, a
development may provide onsite parking through tandem parking or uncovered parking,
but not through parking on public streets or alleys.
.050 Development Incentives. The parking ratios offered in this Section shall not
count as one of the Incentives applicants are entitled to under Section 18.52.090
(Development Incentives). An applicant may request a further reduction in the minimum
number of parking spaces required by this Section as a Tier Two Incentive, subject to
Section 18.52.090 (Development Incentives).
Table 52-I
REDUCED PARKING RATIOS
Total Number of
Bedrooms
Minimum Number of Required
Parking Spaces per Unit
Density Bonus
Housing
Development
Affordable Rental
Housing
Development
Studio unit
1
1
1 -bedroom
1
1
2 -bedrooms
2
1.5
3 -bedrooms
2
2
4 or more bedrooms
2.5
2
18.52.110 APPLICATION REVIEW.
.010 Review. Any request pursuant to this Chapter shall be processed concurrently
with any other application(s) required for the Housing Development, including any that
include discretionary land use decisions. The granting of a Density Bonus or Incentive
pursuant to this Chapter is a ministerial review and shall not be interpreted, in and of
itself, to require a General Plan amendment, zoning reclassification, or other
discretionary approval. Final determination of conformance with the requirements of this
Chapter (with right of appeal to the City Council) shall be made as follows:
.0101 Planning Director Review. The Planning Director is the review
authority for all requests pursuant to this Chapter, except Tier Two Development
Incentives, as specified in Section 18.52.090 (Development Incentives), and requests for
direct financial assistance.
.0102 Planning Commission Review. The Planning Commission is the
review authority for all Tier Two Development Incentives, as specified in 18.52.090
(Development Incentives). Planning Commission review shall be at a Public Hearing
24
held in accordance with the procedures set forth for public hearings in Chapter 18.60
(Procedures). The Planning Commission shall make a determination as to the
developer's compliance with this Chapter.
.0103 City Council Review. The City Council is the review authority for all
requests for direct financial assistance. City Council review shall be at a Public Hearing
held in accordance with the procedures set forth for public hearings in Chapter 18.60
(Procedures).
.020 Pre -Application Conference with Community Development. Applicants for a
request pursuant to this Chapter shall schedule a pre -application conference with, and
such conference shall be granted by, the Community Development Department to discuss
and identify potential application issues, including any additional Incentives requested
pursuant to Section 18.52.090 (Development Incentives). No charge will be required for
the pre -application conference.
.030 Pre -File Review. A pre -file application shall be submitted to the Planning
Department prior to the submittal of a Density Bonus Application. A pre -file application
shall be filed on forms prescribed by the Planning Director and submittals shall include
all required information and identified materials, including, but not be limited to, the
following:
.0301 Project Description. A brief description of the proposed Housing
Development, including the total number of units; the number of Affordable Units,
including the proposed level of affordability; and, the number of Density Bonus Units;
.0302 Density Bonus. The type of Density Bonus applied for as described in
Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060
(Condominium Conversion), 18.52.070 (Child Care Facilities), and 18.52.080
(Affordable Rental Housing Development);
.0303 Development Incentives. A list and, as applicable, plans (site plan,
elevations, etc.) indicating the Development Incentives requested;
.0304 Parking Ratios. A site plan with the location and number of
required/proposed parking spaces.
.0305 Financial Analysis. A financial analysis for the project describing why
the proposed Density Bonus and/or Incentives are necessary to provide the Affordable
Units proposed;
.0306 Pre -Application Conference Verification. The applicant shall provide
verification from the Community Development Department that the requirements for a
Pre -application conference pursuant to subsection 18.52.110.020 (Pre -Application
Conference with Community Development) have been met.
25
.0307 Additional Information. Any other information as may be required by
the Planning and/or Community Development Department(s).
.0308 Fees. Applications not initiated by the City Housing Authority or
Redevelopment Agency shall be accompanied by a filing fee as set forth in Chapter 18.80
(Fees).
.040 Density Bonus Application. The record owner or owners of each property
comprising the proposed Housing Development site shall file a completed Density Bonus
Application with the Planning Department as stipulated in the application on forms
prescribed by the Planning Director. Applications shall include all required information
and identified materials, including but not be limited to, the following:
.0401 Project Description. A brief description of the proposed Housing
Development, including the total number of units; Affordable Units, including the
proposed level of affordability; and Density Bonus Units;
.0402 Density Bonus. The type of Density Bonus applied for as described in
Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060
(Condominium Conversion), 18.52.070 (Child Care Facilities), and 18.52.080
(Affordable Rental Housing Development);
.0403 Development Incentives. A list and, as applicable, plans (site plan,
elevations, etc.) indicating the Incentives requested;
.0404 Parking Ratios. A site plan indicating the proposed location and
number of parking spaces;
.0405 Financial Analysis. A financial analysis for the project describing why
the proposed Density Bonus and/or Incentives are necessary to provide the Affordable
Units proposed, that is satisfactory to the Planning Director, Planning Commission or
City Council, as applicable;
.0406 Environmental Documentation. The applicant shall provide
documentation to the satisfaction of the Planning Director, Planning Commission, or City
Council, as applicable, that the proposed project has no specific, adverse impact upon
health, safety, or the physical environment, for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact, and that there are no adverse
impacts to any real property that is listed in the California Register of Historical
Resources.
.0407 Density Bonus Memorandum with Community Development. An
executed memorandum of understanding in such form as is reasonably satisfactory to the
City acknowledging the basic terms of the Density Bonus Housing Agreement, including
the number of Affordable Units required under this Chapter, as well as the unit type and
Affordable Housing Rent or Affordable Housing Cost, as applicable, for such units.
26
Approval of such memorandum by the Community Development Department shall be a
prerequisite to the Planning Department or Planning Commission undertaking final action
on the application. Rough grading and building permits shall not be issued until such
time that the Density Bonus Memorandum has been executed and the Density Bonus
Housing Agreement has been recorded.
.0408 Additional Information. Any other information as may be required by
the Planning and/or Community Development Department.
.0409 Fees. Applications not initiated by the City Housing Authority or
Redevelopment Agency shall be accompanied by a filing fee as set forth in Chapter 18.80
(Fees).
.050 Determination of Application Completeness. All applications submitted to
the Planning Department will be processed to determine their completeness in accordance
with Section 18.60.050 (Determination of Application Completeness) of Chapter 18.60
(Procedures). If after the initial review period, the application is deemed complete, City
staff shall continue to process the request. If the application is incomplete, the applicant
shall be informed in writing that additional specified information must be provided.
.060 Modification of Application. An application may be modified by the
applicant. Any prior finding of application completeness may be voided by submittal of
a modification. Depending on the type and substance of the modification, the modified
application may be distributed again for review and may require payment of a
supplemental application fee.
.070 Project Review. Applications shall be reviewed by both the Planning and the
Community Development Departments for compliance with the provisions of this
Chapter, including affordability and design requirements. Applications shall be reviewed
by other City departments where appropriate. Such review shall include a review of
compliance with this Chapter and other City codes. The Community Development
Department and/or the Planning Department may make a recommendation to the
approval authority regarding any additional, alternative or equivalent financial incentives.
.080 Additional or Alternative Incentives. The Planning Department shall inform
the applicant if additional, alternative or modified Incentives pursuant to Section
18.52.090 (Development Incentives) will be recommended for consideration in lieu of or
in addition to the requested Incentives or that the Incentives requested by the applicant
are not appropriate or needed for the proposed Housing Development. If alternative or
modified Incentives are recommended, the recommendation shall establish how the
Incentives can be expected to have an equivalent affordability effect as the Incentives
requested by the applicant.
.090 Conditions of Approval. Conditions of Approval may be utilized for the
following:
27
.0901 Condominium Conversion Density Bonus. If the applicant has applied
for a Density Bonus or Incentive related to a Conditional Use Permit for a Condominium
Conversion, pursuant to Section 18.52.060 (Condominium Conversion), the City may
place such reasonable conditions on the granting of the Density Bonus or Incentive(s) as
it finds appropriate, including, but not limited to, conditions which assure continued
affordability of the units to subsequent purchasers who are Lower, Low or Moderate
Income Households.
.0902 Child Care Facilities. If the applicant has applied for a Density Bonus
or Incentive related to the provision of a Child Care Facility, pursuant to Section
18.52.070 (Child Care Facilities), then, as a condition of approval of the Housing
Development, the applicant shall agree to the following:
.01 Operation. The Child Care Facility shall remain in operation for a
period of time that is as long as or longer than the period of time during which the
Affordable Units are required to remain affordable pursuant to Section 18.52.040
(General Density Bonus).
.02 Enrollment. Of the children who attend the Child Care Facility, the
percentage of children from Very Low Income Households, Lower Income Households,
or Moderate Income Households shall be equal to or greater than the percentage of
Affordable Units that are required for Very low Income Households, Lower Income
Households, or Moderate Income Households pursuant to Section 18.52.040 (General
Density Bonus).
18.52.120 FINDINGS.
.010 Density Bonus and Incentives. The City shall approve the request for a
Density Bonus and/or Incentives pursuant to Section 18.52.040 (General Density Bonus),
18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.080
(Affordable Multiple Family Residential Development); or, 18.52.090 (Development
Incentives), unless it makes a written finding, based upon substantial evidence, of either
of the following:
.0101 That the Density Bonus or Incentive is not required to provide
Affordable Housing Costs or Affordable Rents; or
.0102 That the Density Bonus or Incentive would have a specific adverse
impact upon public health and safety or on the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to Very Low, Low, Lower, or Moderate
Income Households.
.020 Child Care Facilities. The City shall approve the request for additional
Density Bonus or Incentive for the provision of a Child Care Facility, as specified in
Section 18.52.070 (Child Care Facilities), unless it makes a written finding, based upon
substantial evidence, of any of the following:
.0201 That the additional Density Bonus or Incentive for a Child Care
Facility does not significantly contribute to the economic feasibility of the construction of
the Child Care Facility; or
.0202 That the additional Density Bonus or Incentive would have a specific
adverse impact upon public health and safety or on the physical environment, or on any
real property that is listed in the California Register of Historical Resources, and for
which there is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to Very Low, Low, Lower, or
Moderate Income Households; or
0203 That the community has adequate Child Care Facilities.
.030 Tier One Incentives for an Affordable Rental Housing Development are not
subject to discretionary review or denial, pursuant to 18.52.080 (Affordable Rental
Housing Development) and 18.52.090 (Development Incentives), and do not require
written findings.
18.52.130 NOTICE OF APPROVAL OR DENIAL.
.010 Written Notification. Not later than ten (10) days after the approval or denial
of a Density Bonus Application, the Planning Department shall prepare and mail to the
applicant and property owner a formal written notice of the action.
.020 Written Findings. If the Planning Director or Planning Commission makes
any of the findings set forth in Section 18.52.120 (Findings), the written finding(s) shall
be provided to the applicant in or with the written notice.
.030 Effective Date. Notwithstanding the foregoing, approval shall not be effective
until applicant executes a Density Bonus Housing Agreement in accordance with Section
18.52.150 (Density Bonus Housing Agreement).
18.52.140 APPEALS.
.010 Initiation of appeal. Appeals may be filed by any applicant dissatisfied with
any decision related to a Density Bonus Application.
.020 Appeal authority. A decision of the Planning Director or Planning
Commission related to a Density Bonus Application may be appealed to the City Council.
29
.030 Application. The application for appeal shall be in writing and clearly identify
the appellant(s) and the reasons for appeal. All appeals shall be filed with the City Clerk.
.040 Timeframe. An appeal of a Density Bonus Application decision must be filed
by the applicant within fifteen (15) days from the date indicated on the written
notification of the review authority's action related to the Density Bonus Application.
050 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees).
.060 Notification and hearing. Appeals shall be subject to the same notification
and hearing requirements as specified in Chapter 18.60 (Procedures), 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 review authority.
.070 Revisions after appeal. If revised plans are submitted following appeal of a
decision, the Planning Director may require these plans to be submitted to the Planning
Commission for review and recommendation prior to City Council consideration.
.080 Prior to the City Council public hearing, an appeal may be withdrawn by the
party who filed the appeal provided the withdrawal is submitted in writing to the City
Clerk prior to or at the public hearing. However, if more than one party has filed an
appeal, all of said parties must withdraw their appeal, otherwise the City Council shall
consider the request. If a valid withdrawal is submitted, the decision of the original
approval authority shall stand as the final decision at the end of the original appeal
period.
18.52.150 TIME TO EXERCISE ENTITLEMENT.
The approved term to obtain building permits, thereby exercising the entitlement for a
Density Bonus or Incentive(s), shall be two (2) years from the date of approval. Such
time limitation may be extended in the same manner as the extension of time to comply
with conditions of approval as set forth in Section 18.60.170 (Extension of Time to
Comply with Conditions of Approval). The Planning Director shall be the approval
authority for time extensions.
18.52.160 DENSITY BONUS HOUSING AGREEMENT.
.010 Agreement Required. Applicants utilizing this Chapter shall enter into a
Density Bonus Housing Agreement with the City in accordance with this Chapter and in
a form and substance acceptable to the City. The terms of the agreement shall be
reviewed, revised and approved by the Community Development Department.
30
.020 Compliance with this Chapter. The Density Bonus Housing Agreement shall
require continued compliance with the requirements of this Chapter and, if applicable, the
provisions required by Section 65916 of the California Government Code.
.030 Recordation. Following execution of the Density Bonus Housing Agreement
by all parties, the completed agreement, or, if required by the Density Bonus Housing
Agreement, a declaration of covenants, conditions and restrictions, shall be recorded as a
restriction on the parcel or parcels designated for the construction of the Affordable
Units. The recordation shall take place prior to final map approval, or, where a map is
not being processed, prior to issuance of any rough grading and building permits, with the
exception of demolition permits for such parcels or units. The Density Bonus Housing
Agreement shall be binding on the developer of the Housing Development and all future
owners and successors in interest thereof.
.040 Affordable Rental Housing Development. The Density Bonus Housing
Agreement for an Affordable Rental Housing Development, pursuant to the requirements
of Section 18.52.080 (Affordable Rental Housing Development), shall include, but not be
limited to, the following:
.0401 Third Party Beneficiaries. The Redevelopment Agency of the City of
Anaheim and the Anaheim Housing Authority shall be third party beneficiaries of the
Density Bonus Housing Agreement;
.0402 Number of Units. The total number of units approved for the
Affordable Rental Housing Development, including the number of Affordable Units;
.0403 Unit Descriptions. The location, unit sizes (square feet), and number of
bedrooms of each of the Affordable Units;
0404 Affordable Rent. The standards for determining the Affordable Rent
for each Affordable Unit;
0405 Term. A term of at least fifty five (55) years;
.0406 Density Bonus, Development Incentives and Parking Ratio. A
description of any Density Bonus, Development Incentive(s), and Parking Ratio, being
provided by the City;
.0407 Parking Management Plan. If the Affordable Rental Housing
Development utilizes a Parking Ratio pursuant to Section 18.52.100 (Parking Ratios), a
plan for parking management, which shall include a map depicting which parking spaces
are reserved and which are not and shall include procedures for removal of inoperable
vehicles and a limitation on the aggregate number of vehicles permitted in the Affordable
Rental Housing Development;
31
.0408 Occupancy. A limitation on occupancy of each unit in the Housing
Development not to exceed more than such number of persons as is equal to the sum of
the number of bedrooms in the unit, multiplied by two, plus one;
.0409 Marketing and Tenant Selection Plan. A marketing and tenant
selection plan as provided by the Community Development Department, which shall
include the obligation of the owner to provide first priority to people who live or work in
the City to rent the Affordable Units to the extent permitted by law and the obligation to
provide the Anaheim Housing Authority, at initial lease -up, with a sixty (60) day priority
to refer rental applicants under its Section 8 Housing Choice Vouchers Waiting List and
its Affordable Housing Waiting List, to the extent permitted by law;
.0410 Management Plan. The obligation of the owner to comply with an
acceptable written management plan to the Community Development Director setting
forth the owner's policies and procedures for renting, managing, maintaining and
operating the Affordable Rental Housing Development to assure a healthy and secure
living environment for the residents, which is consistent with reasonable business
practices and property management standards established in Orange County, California,
and which shall be attached to the agreement;
.0411 Breach of Agreement. A description of remedies for breach of the
agreement by either party (the City may identify tenants as third party beneficiaries under
the agreement); and
.0412 Other Provisions. Other provisions to ensure implementation and
compliance with this Chapter, matters addressed in the application, and the agreement.
.050 Direct Financial Contribution. Where there is a direct financial contribution to
a Housing Development pursuant to this Chapter through participation in cost of
infrastructure, write-down of land costs, or subsidizing the cost of construction, the City
shall assure continued availability of Affordable Units for up to a minimum of thirty (30)
years. When appropriate, the Density Bonus Housing Agreement shall specify the
mechanisms and procedures necessary to carry out this requirement.
18.52.170 CONFLICTS WITH OTHER LAWS.
.010 Nothing contained in this Chapter shall be deemed to prohibit occupancy by
any person of any dwelling unit in an affordable housing project where such prohibition
would be in violation of, or conflict with, any provision of State law with which the City
of Anaheim is required to conform. In the event of any such conflict, the applicable
provision of State law shall prevail.
.020 In the event that the provisions of Chapter 4.3 Section 65915 et. seq. of the
California Government Code are repealed or changed, the Density Bonus, parking ratios
32
and Incentives for Affordable Rental Housing Development as specified in Section
18.52.080 (Affordable Rental Housing Development) shall continue to apply.
18.52.180 PENALTY FOR VIOLATIONS.
It shall be unlawful for any person to occupy, or for any owner, operator or manager
of any affordable housing project to permit the occupancy of, any dwelling unit within an
affordable housing project in violation of any provision of this Chapter. Any such
violation shall be a misdemeanor punishable in the manner set forth in Section 1.01.370
(Violations of Code - Penalty) of Chapter 1.01 (Code Adoption and Construction). Each
such person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this Chapter is committed, continued
or permitted by any such person and shall be punishable accordingly. The criminal
sanctions imposed by this Section shall be in addition to any civil remedies, at law or in
equity, which are otherwise available to the City of Anaheim to remedy such violations.
33
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 Orange County Register, a newspaper
of general circulation, published in the city of
Santa Ana, County of Orange, and which news-
paper has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, under the
date of November 19, 1905, Case No. A-21046,
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:
May 4, 2008
"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: May 4, 2008
Sipeure ,"J
The Orange County Register
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
Proof of Publication of
f
3�
vJ
(
Clad 6 THE OGE COUNTY REGISTER
•
StA:vAY, MA
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6101
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM,
MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS,
CLARIFICATIONS AND UPDATES (ZONING CODE
AMENDMENT 2006-00052) ,
This ordinance amends various sections of Title 18 (Zoning) of the Anaheim Municipal Code to
correct errors or omissions, to provide clarification of existing standards and to add new provisions
related to certain land uses. A complete summaryof all amendments to the Zoning Code approved
by Ordinance No. 6101 is attached hereto and incorporated herein by this reference.
I, Linda N. Andal, City Clerk of the City. of Anaheim, do hereby certify that the attached table
constitutes a summary of Ordinance No. 6101 which ordinance was introduced at a regular
meeting of the City Council of the City of Anaheim on the 8th day of April, 2008 and was duly
and adopted at a regular meeting of said Council on the 22nd day of April, 2008 by the
passed
following roll call vote of the members thereof:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The attached summary is a brief description of the subject matter contained in the text of
Ordinance No. 6101, which has been prepared pursuant to Section 512 of the Charter of the City
of Anaheim. This summary does not include or describe every provision of the ordinance and
should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk,
(714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge
for the copy.
Sunmary of Ordinance No. 6101
ZCA 2006-00052
f
1 18.01.040 Introduction Authorization. Adds section to clarify that all land uses and all related permits,
licenses, etc. be consistent with all federal, state and local laws.
2
18.04.030
Amends Table 4-B (Accessory Uses and Structures: Single-family Zones) by adding reference to
Table 4-B
new provisions for Solar Energy Panels. This is discussed further in Ordinance Section 30, below.
Exhibit "A"
2
18.04.070.010
Corrects an error to the title of this table. Amended to show "Maximum" Structural Height:
Table 4-F
Single -Family Residential Zones rather than "Minimum".
Exhibit "A"
2
18.04.090.010
Amends Table 4-H (Maximum Lot Coverage: Single Family Residential Zones) to delete a
.
Table 4-H
provision of the RS -2 zone requiring additional outdoor living area for buildings set back less than
Exhibit "A•'
25 feet from the rear lot line. The maximum rear lot coverage of 35% will remain unchanged. No,
other single-family zone has a requirement for comparable outdoor living area and this standard is
confusing to implement.
2
18.04.100.010
Amends Table 4-I (Minimum Setbacks: Single -Family Residential Zones) to allow rear setbacks,
Table 4-1
between 10 and 25 feet in the RS -2 zone, provided the maximum rear lot coverage does not
Exhibit "A"
exceed 35%u. Deletes a requitement for an equal amount of open living area to be provided
elsewhere on the lot. This amendment will establish consistency in the RS -2 zone by matching the
setback format for other single-family zones.
2
18.04.100.040
Amends Table 44 (Permitted Encroachments for Accessory Uses/Structums: Single -Family
Table 44
Residential Zones) unless otherwise noted, to provide consistency between Zoning Code and the
Exhibit "A"
California Building Code (CBC) setback requirements for certain permitted encroachments into
•
required side and/or rear yard areas as follows:
(a) Arbor/Trellis - requires minimum 3 feet from side and rear property lines to match CAC
(b) Carports/Porte Cochenes - deletes minimum 3 feet from side and rear property lines to match
CBC'. Subject to drainage requirements of CBC.
(c) Fire Pits/Outdoor Fireplaces — deletes a requirement "no closer than 5 feet to any property line"
for side and rear setback areas. CBC requires fire resistant construction within 3 feet of any
property line.
(d) Fireplaces — adds a note that vents must be a minimum of 4 feet from any property line
(e) Gazebos — Adds a note requiring a minimum of 3 feet to the rear property line
(f) Greenhouses (detached) - requires a minimum of 3 feet to the rear property line to match
permitted encroachment for the side yard
(g) Pool Cabanas (detached) — adds "somi-enclosed" for clarification
(h) Pool Rock Formations/Waterfalls— deletes a minimum 3 foot setback from the side property
tine to match the permitted rear yard encroachment. Amended to pertain to all pool rock
formations/waterfalls up to 8 feet high.
(i) Pool Slides — Amended to pertain to all pool slides up to the maximum of 8 feet; not just pool
slides between 5 and 8 feet high.
0) Recreation Rooms (detached)* — deletes these as a permitted encroachment
(k) Sheds (detached, prefabricated, without utilities) — requires a minimum 3 foot setback from
side and rear property lines per the recommendation of the Code Enforcement Division
(1) Workshops* - deletes workshops over 120 s.f. as a permitted encroachment. Allows detached
workshops legs than 120 S. f. a*a permitted encroachment, 5 feet from side and 10.fw from rear
property lines.
*Recreation Rooms and Workshops (in excess of 120 s.f) would be subject to new section
18.04. 100.0 105 which requires compliance with all setback requirements'for primary structures.
3 18.04.100.0105
Single
paragraph req l
-Family Residential Zones. Structural Setbacks. Adds a new are h to require detached
• to be subject to the same setback requirements.
structures
Multiple-
that are similar to the rim structure
Family Residential Zones. Residential Planned Unit Development. Modification of
buildings for
18.06.160.030
4
Other
Standards. Adds the ability to request modification of setbacks between
Residential
Plant" Uait Develo ent in c RM -1, RM -3 and RM -4 Zones.
Uses: Multiple -Family Residential Zones) to correct the code section
5 18.06.030
Amends
Table 6-A (Primary
for the for New Residential Development.
Table
6-A number
cited provisions
Exhibit
"B"
Amends
Table 8,A (Primary Uses: Commercial Zones) as follows:
Stealth Ground -Mounted: Allows Administrative approval
6 18.08.030
Table
8-A (a)
Antennas — Telecommunications —
to compliance with Supplemental Use Regulations rather than requiring approval of by
18.08.030
subject
(b)
Conditional Use Permit.
Antennas — Telecommtmications — Ground -Mounted: Adds' Non -Stealth" to descriptions and
Table 8-B
deletes reference to Supplemental Use Regulations as they are prohibited in all zones.
use in all zones
18.08.030 (c)
Automatic Teller Machines (ATM's): Adds this use as a permitted primary
Table 8-C
subject to compliance with Supplemental Use Regulations.
(d) Automotive -Car Sales, Retail or Wholesale (Office Use Only): Adds this use as a permitted
18.08.050
primary use subject to compliance with Supplemental Use Regulations.
approval of a Conditional Use Permit, currently
Table 8-E
(e) Educational Institutions -Business: requires
permitted by right, to match approval requirement for Educational institutions -General.
18.08.060
(f) Edupational Institutions -General: Allows this use in the O -L Zoite by Conditional Use Permit
Table 8-F
to match other commercial zones. Deleted "probibited" in the O -L Zone.
Institutions -Tutoring: Added this use as a permitted primary use in all
"C"
(g) Educational
commercial zones subject to compliance with Supplemental Use Regulations.
Exhibit
(h) Self -Storage: Adds "Subject to Council Policy No. 7.2"
Moved to Table 8-B (Accessory Uses and Structures).
(i) Recycling Services— Consumer:
(j) Personnel Services -General and Personnel Services -Restricted were both corrected to read
"Personal" rather than "Personnel".
Amends Table 8-B (Accessory Uses and Structures: Commcreial Zones) as follows:
(a) -Automatic Teller Machines (AT'M's): Adds this use as a permitted primary accessory. use
subject to compliance with Types of Uses.
(b) Recycling Services — Consumer: Adds this use as an accessory use; it was moved here from
Table 8-A (Primary Uses). Also changed this use from being permitted in the C-R Zone to
"prohibited" in the CR Zone because it is not conducive with regional commercial activities.
Machines do not require zoning approval as they
Also, deleted the note stating Reverse Vending
do require approval of an administrative permit.
Amends Table 8-C (Temporary Uses and Structures: Commercial Zoites) as follows:
Carnivals & Circuses: Adds "& Circuses" to correct the tide of Chapter 4.53.
Amends Table 8-E (Maximum Structural Height: Commercial Zones) and Section 18.08.050.010
(Maximum Heights) to correct the numbering of Table 8-E to Table 8-F.
Amends Table 8-F (Minimum Setbacks: Commercial Zones) and Section 18.08.060 (Structural
Heights) to correct the numbering of Table 8-F to Table 8-G.
18.08.040
Adds Floor Area Ratio 'rements in Commercial Zones to match the General Plan,
7
8
18.10.103.100
Amends Table 10-A (Primary uses: Industrial Zone) as follows:
Ground -Mounted: Allows Administrative approval
Table 10-A
(a) Antennas -Telecommunications -Stealth
subject m SuDplemental Use Regulations rather than by Conditional Use Permit.
(b) Antennas-lelecommunwataons-Ground-Mounted: Adds non -stealth" to description and
Table 10-B
deletes "subject to Section 18.38.060" because they are not permitted in the Industrial Zone.
this as a primary use, subject to
(c) Automated Teller Machines (ATM's): Adds use permitted
Table 10-C
Types of Uses.
(d) Automotive Car Sales, Retail or Wholesale (Office Use Only): Adds this use subject to the
Exhibit "D"
approval of a Conditional Use Permit. '
(e) Educational Institutions -Tutoring: Adds this use subject to the approval of a Conditional Use
Permit and subject to Types of Uses.
(f) Self -Storage: Adds subject to "City Council Policy No. 7.2".
(g) Recycling Services — Consumer: Moves this category to Table 10-B (Accessory Uses and
Structures)
Amends Table 10-B (Accessory Uses and Structures: Industrial Zone) as follows:
Recycling Services — Consumer. This category was moved to this table from Table 10-B'(1'rimary
Reverse Vending Machines do not require zoning approval
Uses). Also, deleted the note stating
as they do require approval of an administrative permit.
Amends Table 10-C (Temporary Uses and Structures: Industrial Zone) as follows:
& Circuses: Adds this use as a permitted temporary use -because regulations for this
(a) Carnivals
use are contained in Supplemental Use Regulations. Deletes the requirement for a Conditional
Use Permit
Adds a new section allowing subdivision of parcels with "1" Industrial zoning without requiring
to street at a
frontage on a public street provided there is access for ingress and egress a public
Works Department and Pursuant to a recorded easement approved
=,O",
location approved by the Public
by the City Attorney, Planning Department and Public Works Department. This amendment was
requested by the Planning Services Division and supported by the Public Works Department due
to numerous requests to waive the current ulremett.
to "I" Industrial Zone to match requirements of the General Plan•
10
Adds Floor AreaRatio the
Amends Table 14-A (Primary Uses: Public and Special Purpose Zones as follows:
11 18.14.030
Table 14-A
Recycling Services — Consumer: Moves this category to Table 14-B (Accessory Uses and
Table 14-B
Structures: Public and Special Purpose Zones).
Exhibit "E"
Amends Table 14-B (Accessory Uses and Structures:, Public and Special Purpose Zones as
follows:
Recycling Services — Consumer: Adds this category which was moved from Table 14-A (Primary
Uses: Public and Special Purpose Zones). Also, deleted the note stating Reverse Vending
Machines do not roquire zoning royal as they do require approval of an administrative peit.
IWO
11Y 4, 2008 WWWACREGISTERCLASSIREDLCOM 1-600-660-0860
12
18.14.030.160
Requires that Conditional Uses shall only be considered in the "T" zone to the extent that the
proposed use is consistent with the property's underlying General Plan Land Use Designation to
ensurdcompatibility between land uses.
ity
13,
18.20.120.010.0103
Amends code to reflect Current process for review of parking studies by the City's consul*
rather than the City Traffic and Transportation Manager.
ills,
13
18.20.120.010.0104
Corrects paragraph numbering — no change to text
s
cY
13
18.20.120.010.0105
Corrects paragraph numbering -- no change to text
Ito
14
18.24.050.010.01
South Anaheim Boulevard Corridor Overlay Zone. The Code currently incorrectly states attached
00
single-family dwellings in the Neighborhood Residential District are permitted by conditional use
,
permit in conformance with Chapter 18.04 Single -Family Residential Zones. This amendment
n%
corrects text to say in conformance with Chapter 18.06 Multiple -Family Residential Zones. This�n
change is necessary because attached single-family dwellings are not permitted in Single -Family
zones.
L
15
18.24.070.010.0103
South Anaheim Boulevard Corridor Overlay Zone. Corrects a reference to an incorrect Section
off
number.
15
18.24.070.020.0204
South Anaheim Boulevard Corridor bverlay Zone. Amends code to reflect current process for
review of parking studies by the City's consultant rather than the City Traffic and Transportation
Lana r.
16
18.26.070.010
Mobilehome Park Overlay Zone. Corrects a reference to an incorrect paragraph of the Civil Code
of the State of California.
17
18.30.110.010
Downtown Mixed Use Zone. Amends code to reflect current process for review of parking studies
by the City's consultant rather than the City Traffic and Transportation Manager.
18
18.32.030.070
Mixed Use Overlay Zone. Currently, ground floor commercial uses are required facing all streets.
The amendment allows this requirement to be modified by Conditional Use Permit because
commercial uses are not always appropriate or viable along all street fronts es.
19
18.32.100.010
Mixed Use Overlay Zone. Downtown Mixed Use Zone. Amends code to reflect current process
for review of parking studies by the City's consultant rather than the City Traffic and
Transportation Manager.II
20
18.36.040.010
Types of Uses, Non -Residential Primary Use Classes, "A" Use Classes. Adds Automated Teller
01
Machines (ATM's) on an exterior building wall or as a stand alone facility. Prior to this
amendment the Code did not address ATM's.
21
18.36.040.050
Types of Uses, Non -Residential Primary Use Classes, "E" Use Classes. Adds Educational
Institutions — Tutoring for nonclessroom and non -group tutoring. Prior to this amendment the
Code did not address tutoring as a land use.
i
22
18.36.040.130
Types of Uses, Non -Residential Primary Use Classes, "M" Use Classes. Medical & Dental
6
Offices. Adds colonoscopy and laser hair removal services when a licensed physician is present.
This amendment is needed to clarify that these types of uses may be permitted as a medical use.
23
18.36.040.160
'types of Uses, Non -Residential Primary Use Classes, "P" Use Classes. Personal Services —
General. This amendment clarifies that permanent make-up means `facial" makeup to distinguish
betw'eetn a tattoo parlor listed under Personal Services -Restricted which requires a Conditional Use
Permit.
24
18.36.040.180
Types of Uses, Non -Residential Primary Use Classes, "R" Use Classes. Recycling Services —
Consumer. This amendment deletes this item. It is moved to Section 18.36.050 Accessory Use
Classes below.
25
8.36.050.035 and
Types of Uses, Accessory Use Classes. Amended to add Automated Teller Machines
18.36.050.225
located inside an existing business. Prior to this amendment the Code did not address ATM's.
Also amended to add Recycling Services — Consumer from Section 18.36.040.180 Non -
Residential Primary Use Classes.
26
18.38.060.050.0503
Supplemental Use Regulations for Antennas -Telecommunications. The amendment deletes the
first sentence which was confusing. The intent of this paragraph is to require facilitiesiantennas to
be integrated into existing or newly developed facilities to the extent practical.
26
18.38.060.050.0512
Supplemental Use Regulations for Antennas-`relecommunications. Adds a new paragraph
requiring a minimum .of 3 live trees (minimum 36 -inch box size or a minimum of 18 to 20 feet
brown trunk height) in close proximity to the antenna designed to help the antenna blend into the
environment.
26
18.38.100
Supplemental Use Regulations for Antennas -Telecommunications. Permit Review. This
amendment removes a 5 -year time limitation for telecommunications antennas and replaces it with
a requirement that an antenna shall be removed in the event that it is abandoned or replaced by
updated technology that would make it obsolete.
8
26
18.38.060.100.101
Corrects the numbering to .1001
26
18.38.060.100.102
Corrects the numbering to. 1002
26
18.38.060.100.120
Corrects the numbering to .I 10 '
27
18.38.065
Supplemental Use Regulations for Automotive -Car Sales, Retail or Wholesale (Office Use Only).
This use was added to permit offices subject to DMV requirements as a permitted primary use in
Commercial zones. The regulations stipulate only one display space per DMV requirements, no
flags or banners on the display vehicle and no vehicle servicing, repair, etc. This use is permitted
by Conditional Use Permit in the "1" Industrial zone, unless the property's specific zoning allows
offices as a permitted primary use.
t
28
18.38.130.040
Supplemental Use Regulations for Home Occupation Permits. The Code Enforcement Division
requested this amendment to clarify that only one commercial vehicle (not in excess of 10,000
pounds with dimensions not to exceed 8 feet in width, 7 feet in height and 21 feet bumper to
bumper) associated with a Home Occupation Permit is.permitted and that vehicle must be parked
on-site. This amendment is intended to preserve residential integrity.
29
18.38.160.050
Supplemental Use Regulations for Mechanical and Utility Equipment — Ground Mounted. The
current Code states the "City" can modify setback and screening requirements for public utility
equipment. The amendment clarifies that the "Planning Director and Public Utilities Director or
hisiher desi e" can a ove such modifications.
30
18.38.170.040
Supplemental Use Regulations for Mechanical and Utility Equipment — Roof Mounted. Adds a
section stating Solar Energy (i.e., photovoltaic) panels are exempt from the regulations for roof
mounted equipment and provides specific regulations for the installation of these roof mounted
x;
panels.
31
18.38.230.060
Supplemental Use Regulations for Second Units. The current code lists "prohibited locations" for
Fk
Second Units. This amendment deletes "parking deficient areas" from the list of prohibited
locations. New paragraph 18.38.230.100.1004 (see below) allows second units in identified
parking deficient areas subject to the provision of additional code -required
32
18.38.230.100.1004
Supplemental Use Regulations for Second Units. Adds a new paragraph to second units proposed
t
within an identified parking deficient area The new paragraph requires one additional off-street
parking space (pet second unit) in addition to the required one space for an efficiency or one -
bedroom unit or two required spaces for a two-bedroom second unit.
33
18.38.240.040
Supplemental Use Regulations for Special Event Permits. Adds the maximum size of a banner
permitted by a Special Event Permit is "0.5"sq. ft per lineal foot of building frontage facing the
T
gueat or 75 -mm f t net aoant whir ver iS.lecc" The, gutwnt Code Arte¢ not mnWn a
maximum size for banners. The amendment will provide clarification and consistency in the size
ofperrnitted banners:
34
18.40.090.020
—S Requited• The word "of' as missing
Sound Auenuatimi*}�tt,
����"�,SO'
from the kat;aai�ena q[.t11III 9uorpt:YoL t ;orrec'tod 8S rrOted.
35
18.42.030.010.0106
Floodent lt4i *V0mds " t+o reflect current process -for review of parking
mq$mherm by tjfe City's consuitard rather dun The City Traffic and Transportation Manager.
P 36
18.42.040.010.0101
Non Residential Parking Requirements. Amends code to reflect current process for review of
i
parking studies by the City's consultant rather than the City Traflicand Transportation Manager.
k-, - --- -
f,
1-800-660-0865 TME'cTvkNGE COUNTY REGISTER SUNDA'_
-.070.0Adds uirement for
8.46adjustable timer
..........
46 110.0102
Required
Landscaping-IrrtgattOn Reyutrements. a
for all new irrigation systems for planting areas in excess of
controllers
2,500
with moisture sensors
square feet to encourage water efficiency.
1IIIV
46 18.46.070.010.0103
Required
Landscaping -litigation Requirements. Encourages the use of graywater for irrigation to
idtl
18.46.080.020.0208
conserve
Required
water.
Landscaping -Landscape Plans. Adds that "artificial turf areas" and a breakdown of R6,
47
the
site area devoted to same shall be shown on landscape plans in addition to other landscape u
48 18.46.100.020
materials.
Landscaping
and Screening. All Vegetation. The following underlined words would be added to
ensure
unobstructed lines -of -sight by trees and landscaping: ".020 Tree/LandEVAng
Interference.
Trees or other landscaping shall not be planted or maintained in locations where the
variety
or size of the tree or nt will cause it to interfere with vehicular or pedestrian travel or
wilh overhead utility lines and/or other public improvements."
48 18.46.100.040
Landscaping and Screening. All Vegetation Amends the following section by deleting text that
the maximum required height of an adjacent fence or wall ".040 Shrub
allowed
shrubs up to
Height. Shrubs and similar plants near driveways shall be selected and maintained so as not to.
x three (31 feet in height within seven (7) feet from the adjacent public richt of-wav unless a
greater height is approved by the City Traffic and Transportation Manager if he/she detertnm_es [
that
the '--t material does not impact fine-of-stglit visibility!
The current code allows the City Traffic and Transportation Manager to approve objects over 3
feet high at street intersections. This amendment allows the City Traffic and Transportation
hedges and dense shrubbery) over 3 feet high within 7 feet
Manager to approve landscaping (i.e.,
of the front property line when line -of -sight is not an issue. For instance, there may be cases
where there are no driveways on a block and therefore line -of -sight is not an issue.
48
18.46.100.050.050 1
Landscaping and Screening. Landscaping in Setbacks in Front Yard Adds artificial turf may be
'
utilized for a maximum of 50% o£the required front landscaping. This was added to encourage
'
water conservation and to address the several re nests we've received for such installations.
49
18.46.110.020
Amends Table 46 A (Required Fences and Walls) for clarification as follows:
(a) Adjacent to Freeways &Toll Roads -Special Provisions -Deletes obsolete reference to
Table 46-A
Exhibit "G"_
Council Policy No; 542 (Squad Attenuation to Residential Prolts) _ _ _.-.----
code scctton for reT'erence and clarifies that
(b) Abutting Railroads - Adds a coitespondmg
"chainlin ' is only permitted where not visible to the public right -of --way othei than railroads.
49
18.46.110.030
Amends Table 46-B (Permitted Fences and Walls) as follows:
(a) Abutting major arterial highways or scenic expressways within required front or street
Table 46-B
Exhibit "G"
setbacks: Allows a maximum 8 foot high fence or wall for any property zoned single-family
by deleting the words "major and primary" arterial
residential abutting any arterial highway
highway from the title. References to corresponding code sections have been corrected.
Administrative review is required pursuant to Chapter 18.62 as stated in Section 18.46.110.060.
(b) Within Required Side, Rear, or interior Setbacks: Added a row to the table for any property
"Abutting arterial highways or scenic expressways" allowing a maximum 8 foot high fence or
wall.
50
18.46.110.040
Landscaping and Screening. Residential Areas Adjacent to Major Rights -of -Way. Clarifies that
berm for sound attenuation for residential
this subsection pertains to any wall or required
properties.
Residential Areas Adjacent to Major Rights -of --Way. The underlined text would be added to
50
18.46310.040.0403
clarify that a permitted wall or berm adjacent to the rear lot line of an arterial highway t= be
line to the required front setback line. This amendment will provide a
extended along the side lot
consistent fence height at the continuation of a rear property line on an arterial highway with a
side property line on a residential street. The amendment reads as follows: ".0403 On comer
and reverse comer lots formed by the intersection of residential streets with arterial highways, the
minimum six (6) foot high wall or berm teiquiwd permitted along the rear lot lime adjacent to the
arterial highway 4%41 may be extended, along the side lot line adjacent to the residential street to
line, to line -of -sight visibility requirements as determined by the
the required front setback subject
City Traffic and Transportation Manager,"
18.46.110.050.0501.06
Permitted Use of Chain Link Fencing. This amendment would clarify that chain link fencing may
51
be used between industrial properties.
18.46.110.050.0502
Required fencing adjacent to a railroad riglttof--way. Corrects this paragraph to reflect that 6- to
51
8 -foot high screening is required abutting any railroad right-of-way to match the height shown in
Table 46-A.
52
18,46,11 0,060
Landscaping and Screening. Front Yards. This amendment clarifies the text which currently
"except to state "except as provided in Section 18.46. 100 (All
states as otherwise provided"
vegetation)", the maximum height of all fences, walls, hedges and berms located in a front yard
shall not exceed 3 feet in height.
52
18.46.1 10.060.0602.
Landscaping and Screening. Front Yards. This is a new section for properties developed with
to clarify that hedges greater than 3 feet in height
single-family or multiple -family residential uses,
-right-of-way must be approved by the City Tragic and
within 7 feetof an adjacent public
Transportation Manager for line -of -sight considerations.
The current code allows the City Traffic and Transportation Manager to approve objects over 3
feet high at street intersections. This amendment allows the City Traffic and Transportation
Manager to approve landscaping (i.e., hedges and dense shrubbery) over 3 feet high within 7 feet
of the front property line when line -of -sight is not an issue. For instance, there may be cases
there are no driveways on a block and therefore lineof-si t is not an issue.
52
18.46.110.060.0603
where
Landscaping and Screening. Front Yards. Minor correction adding the word "zone" atter,-Km-
-F8.46
1". Also; renumbers this ph due to the insertion of new paragaph.0602 above.
Currently, the solid retaining walls visible to public rightsof--way and
53
110.130 1301
18.46.110.130.1302
Crib and Retaining Walls.
private streets are limited to 3 -feet high with certain exceptions for higher walls with landscaping.
This amendment would provide the same protection to the visibility of crib and retaining walls
54
18.46.110.150
from "public trails".
Landscaping and Screening. Wali/Berm Design and Maintenance. This section would be
required by this chapter
"any" berm by deleting teJ
amended to require maintenance of wall or
55
Chapter 18.48
as site screenin "
Recycling Facilities. This chapter has been amended in order to clarxisting standards and
a that is more compatible
requirements as they pertain to recycling facilities and to promote
s.
with its surroundings.
Chapter 18.52
Chapter 18.52 (Density Bonus) has been modified to make the requients for implementation
56
Exhibit "H"
easier to understand, to provide consistent formatting, m al low additl incentives subject to
PlanningDirector review and to maintain consistencywith State DeBonus Law.
57
18.56.070.030
Nonconforming Parking and Landscaping. Expansion of Single-FaResidence. This
amendment corrects an incorrect reference to a reference subsection
58
18.56.070.040
Nonconforming Parking and Landscaping. Parking within any adopHistoric District. Adds a
which a single-family residence which qualified hisxoric
new section for properties on
structure is being expanded within a designated Historic District. Tmendment would require
parking spaces in conformance with single-family detached parkinguirements with the
exception that the total number of required spaces may be provided ither enclosed or
Without this exception, two of the required parkspaces would be required
uncovered spaces.
to be provided within an enclosed garage. The use ofthis exceptionuld require the approval of i'
the Planning Director. This amendment is designed to preserve histproperties that sometimes
be to meet the current sle-family residential
have structures that would have to removed
---.
-Hbus3tSg:
lmlmnn its entirety oecauac n �3 u���,tc ."Y,"•.,,•• -, -.- -------� ------
ordinance
0 Procedures.
18 , 60 * 020 * il18.0.20.010.0101 pertaining
(Section 53 of this draft Ordinance).
Establishment of Zoning Administrator Position. This amendment amends language
to the role and responsibilities of the Zoning Administrator as suggested by the City
60
18.60.020.010.0102 Attorney's
office.
18.60.020.010.0103
18.60.020.030 Procedures.
Modifications Related to Nonconformities. This section was renumbered to
60
correspond
with the deletions above.
Appeals -Planning Commission and Zoning Administrator Decisions. Initiation of
"An
18.60. I ' "' Procedures.
61
Appeal.
Minor text changes for clarification, such as changing the word "appeals" to appeal';
No change to rocess.
etc.
18.60.130.020 Procedures.
Appeals -Planning Commission and Zoning Administrator Decisions. Application.
61
This
section clarifies that an application shall be filed with the City Clerk during normal business
hours
and that the application shall specify the decision appealed from and the reason for appeal.
The
amendment provides further information for appellants.
18.60.130.030.0301 Procedures.
Timeframes. Request for Review. Minor changes to text to simplify understanding
61
18.60.130.030.0301.03 of
how a request for City Council review is processed.
18.60.130.030.0302.03
18,62.040.0211.0201 Administrative Reviews. Administrative Adjustments. Types of Adjustments. Deleted "or
62
limitations" because it means the same as "code requirements" as already shown.
62 18.62.040.020.0204 Administrative Reviews. Administrative Adjustments. Types of Adjustments. For clarification,
for fence heights in multiple -family zones or on
Adds the maximum deviation of 20 % maximum
developed with mmultiple-family multiple-familydwellings in any zone.
.pLoprty
62 18.62.040.020.0205 Administrative Reviews. Administrative Adjustments. Types of Adjustments. Deletes a
requirement for an applicant for a Minor Modification to obtain consent from adjacent property
owners. This deletion maintains the focus of a'minor modification on the land use rather than
relationship between adjacent properly owners
18.62.045.010 Administrative Reviews.. Minor Modifications. Review Authority. Adds that the Planning
63
Director "or his or her designee" may grant minor modifications that are inconsequential
deviations of certain develo ment standards as. specified. -
63 18.62.045.010.0102 Administrative Reviews. Minor Modifications. Retic thority. Deletes reguiremt nt for an
from adlace iroperty owners, to process the request
applicant that cannot obtain written consent ,
for a Minor Modification as an Administrative Adjustt e^ -t. "his deletion maintains the focus of a
Minor Modification on the land use rather than relation F„p between adjacent property owners.
The request would not be subject to consent from adjacent I'mperty owners and requests for not
,more than 2 minor modifications would be subject to the apt-, uval of the Planning Director or his
or her designee.
63 18.62.045.020.0201 Administrative Reviews. Minor Modifications, Types of Modifications. The amendment deletes
ith respect rc a Minor Modification to establish
18.62.045.020.0202 references to consent required or not required w
consistency with amendments (above). Paragraph .0201 ii a1 ;, amended to add Planning Director i
"or his or her desi nee". _
63 18.62.045.020.0201.01 Administrative Reviews. Minor Modifications: Types of ;rio aificai,ons. The amendment adds a
10% deviation from the requirements for front
new type of modification which allows a maximum
yard setbacks and retains the maximum deviation of 20% from code requirements for rear and side
yard setbacks. The amendment provides a process from very minor modifications to the code
requirements for front yard setbacks.
Administrative Reviews. Minor Modifications. Types of Modifications. Adds "maximum 10%
63 18.62.045.020.0201.02
deviation for lot coverage." This subparagraph was re -numbered. This provision was moved from
section 18.62.045.010.0102 (Minor Modifications) which was deleted because it contained text
regar,iin "consent" from net borin o rtv owners.
18.62.045.020.0201.03 Administrative Reviews. Minor Modifications. Types of Modifications. This subparagraph is
63
renumbered. For clarification, added maximum 10% deviation for fences, etc. in any non-
residential zone that is not adjacent to a residential zone.
63
18.62.045.020.0201.03,
Administrative Reviews. Minor Modifications. Types of Modifications. Deleted maximum
hedges and berms in any required side or rear yard or
(deleted)
height requirements for fences, walls,
setback in any single-family residentially zoned property, or on property developed with a single-
family dwelling in any zone. This was deleted because it pertains to fence height requgements
between owners and requires a Variance subject to Chapter 18.74 ariances).
18.62.045.020-0201.04
Administretive Reviews. Minor Modifications. Types of Modifications. ".04 Single-family
family use, side and rear setback encroachment allowances for Fre
63
(deleted)
residential zone, or single
pits/outdoorfireplaces, play equipment, fountains/sculptures, green houses, pool rock
formations/waterfalls, pool slides, recreation rooms, sheds, tree houses and workshops." This
section was deleted because the uses shown are already permitted encroachments (except tree
5 from the rear property line), or are subject to setback
houses which are subject to a -foot setback
requirements for the primary residence (such as recreation rooms and workshops) by the proposed
amendments to Table 44 of subsection 18.04.100.040.
18.62.045.020.0201.05
Administrative Reviews. Minor Modifications. Types of Modifications. .05 A deviation of 10%
The in were
63
(renumbered)
or fess from the requirements for parking "or approved parking study." words quotes
can be based on the number of spaces of parking
18.62.045.020.0201.06
added to clarify that the minor modification
required in ain stud roved b the Cit .
Administrative Reviews. Minor Modifications. Types of Modifications. Added .06 Maximum
setbacks between buildings in any multiple -family residential
63
(new subparagraph)
deviation of ten (10%) for interior
zone. This was added because of the cep roriateness of this regulation as a minor modification.
18.62,045.060
Administrative Reviews. Minor Modifications. Decision. The Planning Director shalt lender a
(15) days of the receipt of the request. The decision of
63
decision on the minor modification within
the,Planning Director "shall be in writing and shall be final and effective ten (10) days following
the date therecif unless an appeal to the Planning Commission is filed within that time." Deleted
the words "becomes final unless appealed pursuant to the provisions of,Chapter 18.60
(Procedures).
The amended wording is provided for clarification. There is no change to the current procedure.
18.62.045.030
Administrative Reviews. Minor Modifications. Special Findings. Added "Sound Attenuation for
63
residential developments .090 (Sound Attenuation) of Chapter 18.40,(Geneml Development
Standards)Zo this section because the conditions for approving modifications for sound
attenuation are listed in Section 18.40.090.
yt
18.74.060.030
Variances. Findings. Special Findings. Adds Sound attenuation for residential developments to
findings. Sound attenuation is subject to the General
the current listing of items with special
Development Standards in Section 18.40.090 (Sound Attenuation).
65
18.92.040
"A" Words, Terms and Phrases. A new definition of"artificial turf was added to correspond with
Screening) adding references to drought
proposed amendments to Chapter 18.46 (Landscape and
tolerant materials and water conservation.
18.92.100
"G" Words, Terns and Phrases. A new definition of "General PlanDensity -Maximum" was
added to define how General Plan density is calculated.
67
-18 92.150
"L" Words, Terms and Phrases. Lot. Adds "except as provided for in Section 18.10:1ab abut
definition of "Lot" requires lot frontages to abut a
Frontage/Land Subdivision". The current
public or private street. New proposed Section 18.10.120 (Street FrbntaOund Subdivision)
exam is mels created b rand subdivision within the Industrial Zoite from this Tguirement.