Loading...
5574ORDINANCE NO. 5574 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.110.050, 18.110.060, 18.110.070 AND 18.110.100 OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CHURCHES IN THE SP 94-1 ZONE THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Subsection 18.110.050.050 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.050 Conditional Uses and Structures. The following buildings, structures and uses shall be permitted in this Development Area subject to a conditional use permit in compliance with Section 18.03.030, 'Conditional Use Permits - General' of this Code. .0501 Ambulance services with attendant living quarters. .0502 Animal foods processing. .0503 Animal hospitals and/or kennels. .0504 Automobile car washes. .0505 Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales of accessories. For purposes of this section the words 'automotive vehicle' shall include, but not be limited to, automobiles, boats, recreational vehicles, trucks and motorcycles. .0506 .0507 .0508 .0509 41110 11 Boiler and tank manufacturing. Bowling alleys, with or without alcohol sales. Building material storage yards. Buildings or structures in excess of sixty (60) feet in height. Bus depots. a .0511 Child day care facilities which exclusively serve one or more businesses located in this Specific Plan area. .0512 Churches, subject to the following limitations: (a) The limitation in hours and days of operation and length of time of the church use shall be specified in the Conditional Use Permit. (b) Churches may include educational facilities as an accessory use, provided such facilities are approved in the conditional use permit. The permissible hours of operation for the educational facilities shall be as specified in the conditional use permit. (c) Churches which are not the exclusive use of the property shall, with the exception of national holidays, limit activities prior to 6:00 P.M. on Mondays through Fridays to church office staff and such educational facilities as may be approved in the conditional use permit. .0513 Communications stations and antennas (other than those permitted by paragraphs 18.110.050.030.0309 and 18.110.050.030.0310) including amateur -operated radio transmission towers and cellular communication facilities/ towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. .0514 Concrete batching or mixing (indoors or outdoors). .0515 Contractor storage yards. .0516 Draying, freighting or trucking yards or terminals (indoors or outdoors). .0517 Explosives. Storage of any class 'A' or class 'B' or in excess of twenty (20) pounds of class 'C' explosives. .0518 Feed and fuel yards. .0519 Freestanding freeway oriented signs. .0520 Freight classification yards. .0521 Health spas and physical fitness centers. 2 li .0522 Helistops located less than one thousand (1000) feet from any residentially zoned parcel; Heliports. .0523 Large collection facilities for recycling purposes subject to the requirements of Chapter 18.95. .0524 Large equipment storage or rental yard. .0525 Lumber yards. .0526 Manufacturing operations not otherwise listed as a permitted use in this Development Area, including, but not limited to: acid, alcohol, ammonia, bleaching powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of Paris, explosives, fertilizer, gas, glue, lampblack, synthetic rubber, and tar distillation or processing, brick or concrete products, paint, oil, shellac, turpentine or varnish, oil cloth or linoleum, paper pulp, plastics, polish, soap, soda and other compounds. .0527 Metal smelting, refining or processing operations not otherwise listed as a permitted use in this Development Area including, but not limited to, high temperature smelting by blast furnaces or coke ovens, metal foundries, drop forge operations or the rolling and extrusion of ferrous metals. .0528 Non-ferrous collection processing facilities (provided such uses are located south of the Riverside (SR -91) Freeway, east of and including abandoned Newkirk Road and no more than 750 feet east of said easterly terminus of Frontera Street, as it currently exists upon adoption of the Specific Plan. .0529 Petroleum or its fluid products, indoor or outdoor, wholesale storage of. .0530 Private clubs, lodges and meeting halls. .0531 Private recreational facilities, indoor or outdoor, including but not limited to, golf driving ranges, recreation fields and fishing pools. .0532 Public utilities or utilities operated by mutual agencies consisting of electrical substations, gas or conversion plants with the necessary i buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities. .0533 Restaurants; Enclosed or semi -enclosed, with or without alcohol or cocktail lounge; drive-in, drive-through or walk-up. .0534 Retail carpeting and/or petroleum based flooring businesses. .0535 Retail sales of household furniture, provided the retail sales portion of the business shall be a minimum of 50,000 square feet. .0536 Retail sales provided such uses are freeway - oriented and located south of, and within 600 feet of, the Riverside (SR -91) Freeway, provided such retail sales pertain to furniture, home building products, office supplies, or products determined to be similar by the Planning Commission, and further provided the retail sales portion of the business shall be a minimum of 15,000 square feet. .0537 Rubber products; reclamation or processing (natural or synthetic). .0538 Sales businesses and office uses which primarily serve and are compatible with industrial uses and which are not otherwise permitted uses in this Development Area pursuant to subsection 18.110.050.010. For purposes of this section, any use which is found to encourage retail of products or merchandise or to attract customers other than industrial users for industrial purposes permitted in this Development Area shall not be deemed a use which primarily serves and is compatible with industrial uses. .0539 Sand, gravel, rock and other nonfuel mineral operations including excavation, processing, storage, wholesale outdoor storage and/or distribution thereof, and accessory offices, weighing stations and caretakers' quarters, subject to compliance with of Chapter 17.20 of this Code. .0540 Scrap metal salvage and shredding, automobile dismantling and used auto parts businesses (provided such uses are located south of the Riverside (SR -91) Freeway, east of and including abandoned Newkirk Road and west of the easterly terminus of Frontera Street, as it currently 4 i exists upon adoption of the Specific Plan), provided, however, that any such use shall be a permitted use pursuant to this subsection only upon and following complete compliance with each and all of the terms of a stipulation for judgment and final judgment entered by the Orange County Superior Court, including, without limitation, all time limitations contained therein, and pursuant to which stipulation and judgment such use has been operating as a temporary permitted use as set forth in paragraph 18.110.050.040.0404 of this Chapter. .0541 Self -storage facilities. .0542 Service stations, automobile or truck, with or without convenience markets subject to the requirements of Chapter 18.87 of this Code, provided that as a condition for the granting of a Conditional Use Permit for an automobile or truck service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all the structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .0543 Stone monument works (outdoors). .0544 Towing services, with vehicle impound or storage yard. .0545 Transit, transportation and construction equipment storage (outdoors). .0546 Transmission stations, radio or television including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit. .0547 Vehicle sales agencies and lots." SECTION 2 That Subsection 18.110.060.050 of Section 18.110.060 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Conditional Uses and Structures. Except as set forth below, the conditional uses and structures in 5 16 Development Area 1 may be permitted in this Development Area lA subject to a conditional use permit in compliance with Section 18.03.030, 'Conditional Use Permits - General' of this Code. .0501 The following buildings, structures and uses shall be permitted in this Development Area lA subject to a conditional use permit in compliance with Section 18.03.030, 'Conditional Use Permits - General' of this Code. (i) Recycling/Resources Recovery Transfer facilities (incoors or outdoors) involving hazardous substances/waste subject to the requirements of Chapter 18.95 of this Code. .0502 The following buildings, structures and uses shall be prohibited in this Development Area lA. (i) Bowling alleys, with or without alcohol sales. (ii) Churches. (iii) Large collection facilities except as identified in section 18.110.060.010.0102 for recycling purposes subject to the requirements of Chapter 18.95. (iv) Private clubs, lodges and meeting halls. (v) Restaurants; Enclosed or semi -enclosed, with or without alcohol or cocktail lounge; drive-in, drive-through or walk-up. (vi) Retail carpeting and/or petroleum based flooring businesses. (vii) Retail sales of household furniture, provided the retail sales portion of the business shall be a minimum of 50,000 square feet. (viii) Retail sales provided such uses are freeway -oriented and located south of, and within 600 feet of, the Riverside (SR -91) Freeway, provided such retail sales pertain to furniture, home building products, office supplies, or products determined to be similar by the Planning Commission, and further provided the retail sales portion of the business shall be a minimum of 15,000 square feet. L Y (ix) Transit, transportation and construction equipment storage (outdoors). (x) Vehicle sales agencies and lots." SECTION 3. That subsection 18.110.070.050 of Section 18.110.070 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Conditional Uses and Structures. The following buildings, structures and uses shall be permitted in this Development Area subject to a conditional use permit in compliance with Section 18.03.030, 'Conditional Use Permits - General' of this Code. .0501 Ambulance services with attendant living quarters. .0502 Animal foods processing. .0503 Automobile car washes. .0504 Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales of accessories. For purposes of this section the words 'automotive vehicle' shall include, but not be limited to, automobiles, boats, recreational vehicles, trucks and motorcycles. .0505 Boiler and tank manufacturing. .0506 Bowling alleys, with or without alcohol sales. .0507 Building material storage yards. .0508 Buildings or structures in excess of sixty (60) feet in height. .0509 Bus depots. .0510 Child day care facilities which exclusively serve one or more businesses located in this Specific Plan area. .0511 Churches, subject to the following limitations: (a) The limitation in hours and days of operation and length of time of the church use 7 I shall be specified in the Conditional Use Permit. (b) Churches may include educational facilities as an accessory use, provided such facilities are approved in the conditional use permit. The permissible hours of operation for the educational facilities shall be as specified in the conditional use permit. (c) Churches which are not the exclusive use of the property shall, with the exception of national holidays, limit activities prior to 6:00 P.M. on Mondays through Fridays to church office staff and such educational facilities as may be approved in the conditional use permit. .0512 Communications stations and antennas (other than those permitted by paragraphs 18.110.010.030.0309 and 18.110.080.030.0310) including amateur -operated radio transmission towers and cellular communications facilities/towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. .0513 Concrete batching or mixing (indoors or outdoors). .0514 Contractor storage yards. .0515 Draying, freighting or trucking yards or terminals (indoors or outdoors). .0516 Explosives. Storage of any class 'A': or class 'B': or in excess of twenty ( 2 0 ) pounds of class 'C' explosives. .0517 Feed and fuel yards. .0518 Freight classification yards. .0519 Health spas and physical fitness centers. .0520 Helistops located less than one thousand (1,000) feet from any residentially zoned parcel; Heliports. .0521 Large collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of this Code. .0522 Large equipment storage or rental yard. 8 r .0523 Lumber yards. .0524 Manufacturing operations not otherwise listed as a permitted use in this Development Area, including, but not limited to: acid, alcohol, ammonia, bleaching powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of Paris, explosives, fertilizer, gas, glue, lampblack, synthetic rubber, and tar distillation or processing, brick or concrete products, paint, oil, shellac, turpentine or varnish, oil cloth or linoleum, paper pulp, polish, soap, soda and other compounds. .0525 Metal smelting, refining or processing operations not otherwise listed as a permitted use in this Development Area including, but not limited to, high temperature smelting by blast furnaces or coke ovens, metal foundries, drop forge operations or the rolling and extrusion of ferrous metals. .0526 Petroleum or its fluid products, indoor or outdoor, wholesale outdoor storage. .0527 Private clubs, lodges, and meeting halls. .0528 Private educational institutions, including but not limited to private elementary, junior and senior high schools, colleges and universities. .0529 Private recreational facilities, indoor or outdoor, including, but not limited to, golf driving ranges, recreation fields and fishing pools. .0530 Public utilities or utilities operated by mutual agencies consisting of electrical substations, gas or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities. .0531 Restaurants: Enclosed or semi -enclosed, with or without alcohol or cocktail lounge; drive-in, drive-through or walk-up. .0532 Retail carpeting and/or petroleum based flooring businesses. .0533 Retail sales of household furniture provided the retail sales portion of the business shall be a minimum of 50,000 square feet. 7 Y .0534 Rubber products; reclamation or processing (natural or synthetic). .0535 Sales businesses which primarily serve and are compatible with industrial uses and which are not otherwise permitted uses in this Development Area pursuant to Section 18.110.070.010. For purposes of this section, any use which is found to encourage retail of products or merchandise or to attract customers other than industrial users for industrial purposes permitted in this Development Area shall not be deemed a use which primarily serves and is compatible with industrial uses. .0536 Sand, gravel, rock and other nonfuel mineral operations including excavation, processing, storage, wholesale outdoor storage and or distribution thereof, and accessory offices, weighing stations and caretakers' quarters, subject to compliance with provisions of Chapter 17.20 of this Code. .0537 Self -storage facilities. .0538 Service stations, automobile or truck, with or without convenience markets, subject to the requirements of Chapter 18.87 of this Code, provided that as a condition for the granting of a conditional use permit for an automobile or truck service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .0539 Stone monument works. .0540 Towing services, including vehicle impound or storage yard. .0541 Training centers, non -industrial. .0542 Transit, transportation and construction equipment storage. .0543 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers 10 I associated with these uses shall be determined by Conditional Use Permit. .0544 Vehicle sales agencies and lots." SECTION 4. That subsection 18.110.100.050 of Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Conditional Uses and structures. The following buildings, structures and uses shall be permitted in this Development Area subject to a conditional use permit in compliance with Section 18.03.030, 'Conditional Use Permits - General' of this Code. .0501 Ambulance services with attendant living quarters. .0502 Animal foods processing. .0503 Automobile car washes. .0504 Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales of accessories. For purposes of this section the words 'automotive vehicle' shall include, but not be limited to, automobiles, boats, recreational vehicles, trucks and motorcycles. .0505 Boiler and tank manufacturing. .0506 Bowling alleys, with or without alcohol sales. .0507 Building material storage yards. .0508 Buildings or structures in excess of sixty (60) feet in height. .0509 Bus depots. .0510 Child day care facilities which exclusively serve one or more businesses located in this Specific Plan area. .0511 Churches, subject to the following limitations: (a) The limitation in hours and days of operation and length of time of the church use 11 I shall be specified in the Conditional Use Permit. (b) Churches may include educational facilities as an accessory use, provided such facilities are approved in the conditional use permit. The permissible hours of operation for the educational facilities shall be as specified in the conditional use permit. (c) Churches which are not the exclusive use of the property shall, with the exception of national holidays, limit activities prior to 6:00 P.M. on Mondays through Fridays to church office staff and such educational facilities as may be approved in the conditional use permit. .0512 Communications stations and antennas (other than those permitted by paragraphs 18.110.010.030.0309 and 18.110.080.030.0310) including amateur -operated radio transmission towers and cellular communications facilities/towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. .0513 Concrete batching or mixing (indoors or outdoors). .0514 Contractor storage yards. .0515 Draying, freighting or trucking yards or terminals (indoors or outdoors). .0516 Explosives. Storage of any class 'A': or class 'B': or in excess of twenty (20) pounds of class 'C' explosives. .0517 Feed and fuel yards. .0518 Freight classification yards. .0519 Health spas and physical fitness centers. .0520 Helistops located less than one thousand (1,000) feet from any residentially zoned parcel; Heliports. .0521 Large collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of this Code. .0522 Large equipment storage or rental yard. 12 Y .0523 Lumber yards. .0524 Manufacturing operations not otherwise listed as a permitted use in this Development Area, including, but not limited to: acid, alcohol, ammonia, bleaching powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of paris, explosives, fertilizer, gas, glue, lampblack, synthetic rubber, and tar distillation or processing, brick or concrete products, paint, oil, shellac, turpentine or varnish, oil cloth or linoleum, paper pulp, polish, soap, soda and other compounds. .0525 Metal smelting, refining or processing operations not otherwise listed as a permitted use in this Development Area including, but not limited to, high temperature smelting by blast furnaces or coke ovens, metal foundries, drop forge operations or the rolling and extrusion of ferrous metals. .0526 Petroleum or its fluid products, indoor or outdoor, wholesale outdoor storage. .0527 Private clubs, lodges, and meeting halls. .0528 Private educational institutions, including but not limited to private elementary, junior and senior high schools, colleges and universities. .0529 Private recreational facilities, indoor or outdoor, including, but not limited to, golf driving ranges, recreation fields and fishing pools. .0530 Public utilities or utilities operated by mutual agencies consisting of electrical substations, gas or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities. .0531 Restaurants: Enclosed or semi -enclosed, with or without alcohol or cocktail lounge; drive-in, drive-through or walk-up. .0532 Retail carpeting and/or petroleum based flooring businesses. .0533 Retail sales of household furniture provided the retail sales portion of the business shall be a minimum of 50,000 square feet. 13 ik .0534 Rubber products; reclamation or processing (natural or synthetic). .0535 Sales businesses which primarily serve and are compatible with industrial uses and which are not otherwise permitted uses in this Development Area pursuant to Section 18.110.070.010. For purposes of this section, any use which is found to encourage retail of products or merchandise or to attract customers other than industrial users for industrial purposes permitted in this Development Area shall not be deemed a use which primarily serves and is compatible with industrial uses. .0536 Sand, gravel, rock and other nonfuel mineral operations including excavation, processing, storage, wholesale outdoor storage and or distribution thereof, and accessory offices, weighing stations and caretakers' quarters, subject to compliance with provisions of Chapter 17.20 of this Code. .0537 Self -storage facilities. .0538 Service stations, automobile or truck, with or without convenience markets, subject to the requirements of Chapter 18.87 of this Code, provided that as a condition for the granting of a conditional use permit for an automobile or truck service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .0539 Stone monument works. .0540 Towing services, including vehicle impound or storage yard. .0541 Training centers, non -industrial. .0542 Transit, transportation and construction equipment storage. .0543 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers 14 r► associated with these uses shall be determined by Conditional Use Permit. .0544 Vehicle sales agencies and lots." SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. 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 7. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is Council of the City of Anaheim this ATTES CITY CLERK OF THE CITY OF ANAHEIM 0019311.04/EEGAN/June 19, 1996 15 approved and adopted by the City 20th da of t , 1996. MAY R OF THE CTTY OF AHEIM Y STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5574 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of August, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of August, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None "'' ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5574 on the 20th day of August, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of August, 1996. CI CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5574 and was published once in the North County News on the 29th day of August, 1996. -k� I t e!;; —� /� CITY CLERK OF THE CI OF ANAHEIM