5452ORDINANCE NO. 5452
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.89 AND 18.06 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SEX -ORIENTED
BUSINESS PERMITS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .040 of Section 18.89.030 of Chapter
18.89 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.040 Processing of Application.
.0401 Within five (5) business days
following the receipt of an application pursuant to
this Section, the License Collector shall determine
whether said application contains all information
required by the provisions of this chapter. If it is
determined that said application is not complete, the
Owner (as defined in Section 18.89.020) shall be
notified in writing within said five (5) day period
that such application is not complete and the reasons
therefor, including any additional information
necessary to render the application complete. The
Owner shall be permitted to submit an amended
application or provide all necessary information to
render the application complete. Within five (5)
business days following the receipt of any such amended
application or supplemental information, the License
Collector shall again determine whether said
application is complete in accordance with the
procedures set forth in this subsection. Upon a
determination that said application is complete, either
upon its initial submittal or upon receipt of any
amended application or supplemental information, the
Owner shall be notified in writing by the License
Collector that the application is complete. All
notices required by this subsection shall be deemed
given upon the date of either (i) deposit of such
notice in the course of transmission with the United
States Postal Service, first class mail, postage
prepaid, and addressed to the Owner, or (ii) personal
service of such notice upon the Owner. Upon
determination that the application is complete, the
License Collector shall immediately transmit such
completed application to the Planning Director. The
Planning Director shall appoint a hearing officer, who
may, but need not necessarily be, a City officer or
employee, and shall transmit such completed application
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to the hearing officer for processing in accordance
with paragraphs .0402 through .0405, inclusive, of this
subsection .040.
.0402 The hearing officer shall
conduct a public hearing upon said completed
application. Notice of said public hearing shall be
given in the manner provided for conditional use
permits as set forth in Section 18.03.060 of this Code
except that said public hearing shall be held within
fifty (50) calendar days following the date said
application was deemed complete pursuant to paragraph
.0401 above, unless the Owner, or the Owner's
authorized representative, expressly agrees to an
extension of such period of time. Said public hearing
shall be completed by the hearing officer on the
same date on which it is scheduled and held unless
continuance of said public hearing is expressly
approved by the Owner, or the Owner's authorized
representative, at or prior to the scheduled date of
said public hearing.
.0403 Within ten (10) calendar days
following the completion of the public hearing
specified in paragraph .0402 above, the hearing officer
shall approve such application if it is determined that
the requirements of this chapter have been met;
otherwise the application shall be denied. The hearing
officer shall impose conditions upon such approval as
are reasonably necessary to assure compliance with the
requirements of this chapter. In the event of denial
of the application, the hearing officer shall specify
in writing the grounds upon which the application is
denied. Notice of the decision of the hearing officer
shall be given in writing to the Owner, and to any
other person or entity expressly requesting notice
thereof, in the same manner as provided for the giving
of notices in paragraph .0401 above. The decision of
the hearing officer shall also be immediately
transmitted to the License Collector. The decision of
the hearing officer shall be deemed final
notwithstanding any other provision of this Code to the
contrary.
.0404 Immediately upon receipt of a
decision by the hearing officer approving or
conditionally approving such application, the License
Collector shall issue the Sex -Oriented Business Permit
to the Owner. Such Permit shall be deemed subject to
any conditions of approval imposed by the hearing
officer.
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.0405 The public hearing by the
hearing officer specified in this subsection .040
shall be required for the initial permit approval but
shall not be required for any permit renewal pursuant
to Section 18.89.060 of this Chapter. For purposes of
any such public hearing, the term "License Collector"
as used in subsection .050 of this Section 18.89.030
shall be deemed to refer to the hearing officer as
appointed by the Planning Director pursuant to this
subsection .040."
SECTION 2.
That new subsection .120 be and the same is hereby,
added to Section 18.89.090 of Chapter 18.89 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.120 Notwithstanding any other provision
of this Section 18.89.090 to the contrary, any Sex -
Oriented Business which either (i) was lawfully
existing on July 20, 1993, and has continued to
lawfully exist at the same location since such date, or
(ii) obtained a Sex -Oriented Business Permit issued by
the License Collector prior to the effective date of
this subsection and has continued to comply with all
terms and conditions of such Permit and any renewal
thereof, shall be deemed exempt from the locational
requirements set forth in paragraphs .0501 through
.0506, inclusive, of subsection .050 of Section
18.89.030 of this Chapter (the "Location
Requirements"), and from the signage requirements set
forth in subparagraph .07 of paragraph .0510 of
subsection .050 of Section 18.89.030 of this Chapter
(the "Signage Requirements"), and said use shall not be
required to be discontinued or relocated because of
such Location or Signage Requirements. Any such
existing legal nonconforming use shall comply with all
of the other provisions of this Chapter, except the
Location and Signage Requirements, within the time and
manner otherwise provided in this Section 18.89.090.
No such legal nonconforming use shall be (i) increased,
enlarged, extended or expanded in size, area or
seating, or (ii) changed, converted or altered from one
type or category of Sex -Oriented Business to a
different type or category of Sex -Oriented Business, as
such types and categories of businesses are defined in
Section 18.89.020 of this Chapter, without complying
with said Location Requirements. No signage of any
such legal nonconforming use shall be increased,
enlarged, extended, expanded, relocated, reconstructed,
or in any way altered or changed (except for name
changes), without such changes complying with said
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Signage Requirements."
SECTION 3.
That Section 18.06.090 of Chapter 18.06 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.06.090 PARKING VARIANCES FOR SEX -ORIENTED
BUSINESSES.
.010 Any application for a waiver
or deviation from the provisions of this Chapter
relating to off-street parking requirements for any
Sex -Oriented Business, as defined in Chapter 18.89.020
of this Code, shall be determined by the hearing
officer, as appointed by the Planning Director,
following a duly noticed public hearing thereon held in
accordance with the same procedure as set forth in
subsection .040 of Section 18.89.030 of this Code which
public hearing shall, upon the request of the
applicant, be combined with the public hearing required
for issuance of the Sex -Oriented Business Permit as
required pursuant to said subsection .040 of Section
18.89.030.
.020 Said parking variance shall be
approved by the hearing officer if it meets the
requirements and criteria set forth in Section
18.06.080 of this Code; otherwise it shall be denied.
Notice of such decision shall be provided in the same
time and manner as set forth in subsection .040 of
Section 18.89.030 of this Code. Notwithstanding any
other provision of this Code to the contrary, the
decision of the hearing officer shall be final.
.030 The term of said parking
variance shall be coterminous with the term, or any
renewal term, of the Sex -Oriented Business Permit. The
processing of any renewal application for a permit
pursuant to Section 18.89.060 of this Code shall not
require the processing of a new parking variance
pursuant to this Section 18.03.090."
SECTION 4.
That paragraphs .0504 and .0505 of subsection .050 of
Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim
Municipal Code be, and the same are hereby, amended to read as
follows:
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".0504 The Sex -Oriented Business is
not proposed to be located:
.01 south of Crescent Avenue if
located west of Gilbert Street; or south of La
Palma Avenue if located east of Gilbert Street;
.02 east of Jefferson Street; or
.03 within 100 feet of the right-
of-way line of any freeway or street designated an
arterial highway on the Circulation Element of the
Anaheim General Plan.
".0505 Not more than two (2) Sex -
Oriented Businesses shall be located within any
circular area having a radius of 2500 feet. Further,
such businesses shall be located either (i) in
contiguous building units sharing at least one common
wall with another Sex -Oriented Business, or (ii) upon
continuous parcels of property each of which parcels is
exclusively devoted to use as a Sex -Oriented Business,
or (iii) at least 1000 feet from any other Sex -Oriented
Business."
SECTION 5.
That subparagraph .07 of paragraph .0510 of subsection
.050 of Section 18.89.030 of Chapter 18.89 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
".07 Signage shall conform to the
standards applicable to the zone except that such
signs:
(i) shall be limited to the business
name and the street address, and the notice
required by subsection 18.89.040.010 on the
entrance door to the premises;
(ii) shall contain no flashing lights,
photographs, silhouettes, drawings or other
pictorial representations;
(iii) shall not be located within 100
feet of any freeway or any street designated as an
arterial highway on the Circulation Element of the
Anaheim General Plan; and
(iv) shall not be located or oriented
in a manner whereby the sign copy is visible by
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k
any person traveling in a vehicle upon any freeway
or any street designated as an arterial highway on
the Circulation Element of the Anaheim General
Plan."
SECTION 6. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that, should any section, paragraph, sentence or word of this
ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have
adopted all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 7. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
or amendment of any other ordinance of this City or provision of
the Anaheim Municipal Code 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of, -,September ,
1994. r—
MAY R OF THE CITY OF A IM
ATTEST•
CITY CLERK OF THE CITY OF ANA H IM
8550.4\JWHITE\September 21, 1994 6
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. 5452 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th
day of September, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 27th day of September, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5452 on the
28th day of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 28th day of September, 1994.
e -;l �Z-C
CITY CLERK OF THE CI O ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5452 and was published once in the North Orange County News on the 6th day of
October, 1994.
CITY CLERK OF THE CITY OF ANAHEIM