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5444ORDINANCE NO. 5444 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.79 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 93-1 (SP 93-1) ZONE (HOTEL CIRCLE). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code is hereby amended by adding thereto Chapter 18.79 to read as follows: "CHAPTER 18.79 SPECIFIC PLAN NO. 93-1 (SP93-1) ZONING AND DEVELOPMENT STANDARDS Sections: 18.79.010 PURPOSE AND INTENT. 18.79.020 GENERAL PROVISIONS. 18.79.030 DEFINITIONS. 18.79.040 METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION. 18.79.050 PERMITTED USES AND STRUCTURES - GENERAL. 18.79.060 PERMITTED PRIMARY USES AND STRUCTURES. 18.79.070 PERMITTED ACCESSORY USES AND STRUCTURES. 18.79.080 PERMITTED TEMPORARY USES AND STRUCTURES. 18.79.090 CONDITIONAL USES AND STRUCTURES. 18.79.100 PROHIBITED USES. 18.79.110 LAND USE AND SITE DEVELOPMENT STANDARDS. 18.79.120 OFF-STREET PARKING AND LOADING REQUIREMENTS. 18.79.130 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. 18.79.140 SIGN REGULATIONS. 18.79.150 DEVELOPMENT REVIEW AND PERMITS. 18.79.160 DEDICATION AND IMPROVEMENTS. 18.79.170 RECLASSIFICATION PROCEDURE - VIOLATION. 18.79.180 PENALTIES FOR VIOLATIONS. 18.79.190 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. 18.79.200 NON APPLICABILITY. 18.79.210 APPLICATION FEES 18.79.010 PURPOSE AND INTENT. .010 Purpose. The regulations set forth in this Chapter have been established to provide for the orderly development of, and upon adoption of an ordinance reclassifying said property to Specific Plan 93-1 (the 'Zone'), shall be applicable to that certain property (hereinafter referred to as the 'Specific Plan Area') described in that Specific Plan No. 93-1 document (hereinafter referred to as the 'Specific Plan') approved by the City Council, on file in the City of Anaheim Planning Department, as the Specific Plan may be hereinafter amended. .020 Intent. The Hotel Circle Specific Plan Zone recognizes the uniqueness of the Commercial Recreation Area as a family-oriented tourist center destination and encourages facilities catering to tourist and convention -related events. This Zone is intended to provide for and encourage the development of integrated facilities in attractive settings for retail businesses directly related to entertaining, lodging and supplying services to tourists and visitors. This Zone is further intended to enhance community appearance; to protect public investment in, and the character of, public thoroughfares; and to aid in the attraction of tourists and other visitors important to the economy of the City. Application of these regulations is specifically intended to provide the most appropriate use of the land, create a harmonious relationship among land uses and protect the health, safety and welfare of the residents and visitors in the City of Anaheim. .030 Organization. In accordance with the provisions of Chapter 18.93 of the Anaheim Municipal Code entitled 'SPECIFIC PLANS,' the standards herein are patterned after the zone districts and definitions contained in Title 18, 'ZONING,' of the Anaheim Municipal Code. 18.79.020 GENERAL PROVISIONS. _ .010 Compliance with the Hotel Circle Specific Plan Code. All uses and developments in this Zone shall comply with all applicable provisions of this Code expressly referred to in this Chapter including, unless specifically amended herein, the provisions of Chapters 18.01 entitled 'DEFINITIONS -ZONING CODE' and 18.04 entitled 'SITE DEVELOPMENT STANDARDS -GENERAL' of the Anaheim Municipal Code; provided, however, that in the event of any conflict or inconsistency between any provision contained in any other Chapter of the Anaheim Municipal Code and any provision contained in this Chapter, the provision contained in this Chapter shall govern and apply. The provisions of this Chapter shall supersede the provisions set forth in the Commercial Recreation (CR) Zone. .020 Site Development Standards. The site development standards hereinafter set forth in this Chapter have been 2 i adopted to operate in conjunction with the Hotel Circle Specific Plan Area Design Guidelines. .030 Compliance with City of Anaheim Codes. All grading plans shall comply with all applicable regulations and be reviewed and processed in accordance with the procedures contained in Title 17 'LAND DEVELOPMENT AND RESOURCES' of the Anaheim Municipal Code. All construction shall comply with the provisions of the Uniform Building Code, as adopted by the City of Anaheim, and applicable sections of Title 15 'BUILDING AND HOUSING' of the Anaheim Municipal Code. Construction within the Specific Plan Area may commence only after the Planning Commission approves the Final Site Plan and finds that the construction proposal is in substantial compliance with Development Standards and Design Guidelines of the Hotel Circle Specific Plan. The issuance of building permits may only occur after Final Site Plan approval has been obtained from the City of Anaheim, subject to the procedures set forth in Section 18.79040.020 entitled 'FINAL SITE PLAN APPROVAL' of this Chapter. .040 Lot Line Adjustment. Lot Line Adjustments within the Hotel Circle Specific Plan shall comply with all applicable regulations and be reviewed and processed in accordance with the procedures contained in Title 17 entitled 'LAND DEVELOPMENT AND RESOURCES' of the Anaheim Municipal Code. .050 Number of Hotel Rooms. In addition to the existing two (2) hotels with 269 rooms and the redesigned Katella hotel with 250 rooms, the Specific Plan permits the development of two hotels with up to 450 rooms for a total of 969 rooms, and other permitted accessory uses. The approximate number of rooms within each hotel is established on Exhibit 18 of the Hotel Circle Specific Plan document. In the event that any of the proposed hotels within the Specific Plan area, as shown in Exhibit 18, are scaled down in density or height, such hotels shall be deemed to be in conformance with the Specific Plan. Any of the permitted primary or accessory uses may be located at any location within the Specific Plan Area provided said uses comply with the development standards set forth herein. Any changes in the location of the uses as set forth in Exhibit 18 of the Specific Plan will be reviewed and processed in accordance with Section 18.79.040.0201(a). .060 Orderly Development. The provisions set forth in this Specific Plan, including the development standards, shall allow for the orderly development of all proposed hotels, parking facilities and other related/accessory uses. 3 .070 Applicability to New Development. The development standards contained herein shall apply to all newly proposed developments within the Hotel Circle Specific Plan boundaries. .080 Applicability to Expansion. The site development standards in this Chapter shall apply to the structural expansion portion of every building hereinafter expanded in addition to all requirement set forth in the Specific Plan. .090 Zoning Code. Any reference to the zoning code made in this Chapter shall mean Title 18 of the Anaheim Municipal Code. .100 Future Approvals. In adopting Resolution 94R-194 & 94R-195 approving and adopting the Specific Plan, the City Council of the City of Anaheim made certain findings of consistency between the General Plan of the City and the Specific Plan. In granting future approvals as contemplated by this Chapter and by the Specific Plan, the particular person or body so acting shall not do so in such a manner as to abrogate or nullify those findings. 18.79.030 DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word 'shall' is always mandatory and not merely directory. Any words, terms or phrases not defined by this Chapter, shall have the same definition given in Chapter 18.01 entitled 'DEFINITIONS --ZONING CODE' of the Anaheim Municipal Code. .010 'A' WORDS, TERMS AND PHRASES. .0101 Accessory Use, Permitted. A Permitted Accessory Use is a use which is considered to be compatible with a Permitted Primary Use while being clearly incidental to and integrated with the Permitted Primary Use. A Permitted Accessory Use is permitted as of right, provided that the specific proposal for such a use conforms to all requirements of the Specific Plan. A Permitted Accessory Use is a use which is secondary or subordinate to a Permitted Primary Use. .030 'C' WORDS, TERMS AND PHRASES .0301 Centerline. A reference line indicating the center of a wall or street. .0302 Commercial -Recreation (CR) Area. An area within the City of Anaheim designated as a family 4 [9 oriented tourist destination that encourages the development of integrated facilities in attractive settings for retail businesses directly related to entertaining, lodging and supplying services to tourists and visitors, as indicated in the City of Anaheim General Plan. .040 'D' WORDS, TERMS AND PHRASES. .0401 Development. The improvement of the property for purposes of constructing the structures, improvements and facilities comprising the project as set forth in the Specific Plan, including, without limitation: grading; the construction of infrastructure and public facilities relating to the project whether located within or outside the property; the construction of any structure; and the installation of utilities and landscaping. .0402 Drive. An on-site vehicular passageway between Clementine and Zeyn Streets for the exclusive use of the occupants of a project or property and their guests. A drive shall not be considered a street. Parking shall be permitted on a drive provided the drive complies with Engineering Standard Detail No. 602. .050 'F' WORDS, TERMS AND PHRASES. .0501 Fence. An artificially constructed barrier constructed solely of metal, or metal and wood and intended to enclose and screen areas from adjacent property and/or public rights-of-way. .0502 Full Service Hotel. Provides restaurant(s), retail space, and meeting/banquet facilities which are available to guests and the general public. Full service hotels may include standard guest rooms, suites or a combination of both. .060 'G' WORDS, TERMS AND PHRASES. .0601 General Plan. The City's comprehensive, long term planning document which sets forth the goals and objectives for the City. .0602 Gross Area (Gross acres). The entire land area (acres) within the boundary of the Specific Plan area (which entails the consolidation of nine individual parcels), measured to the right-of-way line of any abutting public street. The gross acreage of the Specific Plan includes property for the previously 5 L approved or built hotels which are incorporated into the Hotel Circle project for planning purposes. .0603 Gross Square Footage. The total square footage of a building or structure or a specific area within a building, including the exterior walls of all floors. .0604 Guest Room. A hotel guest room with a keyed entry which provides sleeping and sitting areas and a full bath. .070 'H' WORDS, TERMS AND PHRASES. .0701 Hotel/Motel. Provides guest rooms or suites, and may include continental breakfast service, game room, gift shop and gym for guests. .080 'L' WORDS, TERMS AND PHRASES. .0801 Lot or Parcel. (1) A parcel of real property as shown on the effective date of this ordinance 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; or, (2) a parcel of real property not delineated as (1) above, and abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of the ordinance adopting this Chapter; or (3) a parcel of real property not delineated as in (1) above, and containing an area not less than the prescribed minimum square footage and lot width required for this zone, and abutting at least one public street if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to the effective date of the ordinance adopting this Chapter. .090 'P' WORDS, TERMS AND PHRASES. .0901 Parking Facilities. An area or structure intended for the temporary storage of automobiles and other vehicles. Such facilities may consist of, but are not limited to, surface parking lots, parking structures and parking areas under buildings or subterranean parking. .0902 Planning Director. The Planning Director of the City of Anaheim or his or her duly authorized designee. �31 it .0903 Porte-Cochere. An accessory use consisting of a reserved space, roofed or unroofed, and attached to the side or front of a building and established for the convenient loading and unloading of passengers. .0904 Primary Use, Permitted. A Permitted Primary Use is a use that is contemplated to be the main and predominant use. Such use is permitted as of right, provided that the specific proposal for such use conforms to all requirements of the Specific Plan. .0905 Project. The development project contemplated by the Hotel Circle Specific Plan consists of two (2) existing hotels with 269 rooms, the redesigned Katella hotel with 250 rooms including up to a 15,000 square foot free standing restaurant and the development of two (2) hotels with up to 450 rooms for _ a total of 969 rooms, and other permitted uses as set forth herein and including but not limited to all on- site and off-site improvements. .0906 Public Right -of -Way. Any area of real property dedicated to or owned by the City of Anaheim or which the City of Anaheim holds any easement, for public street, alley, sidewalk, landscape, utility or pedestrian purposes; and accepted by resolution of the City Council. .100 'R' WORDS, TERMS AND PHRASES. .1001 Restaurant -Enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five (25) percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. .1002 Restaurant -Semi -enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation area of a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five (25) percent of the gross floor area. VA ri .1003 Restaurant -Theme style. Any establishment which is architecturally and/or functionally themed and is engaged in the business of preparing and serving full meals provided that such activities shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation. .1004 Restaurant -Walk-up. Any establishment which is engaged in the business of preparing and serving food on a self-service basis where service to the consumer is by means of a window or opening to the outside of the building and the food may be consumed either inside or outside the building. .1005 Room. A hotel room with a keyed entry, which may be a 'guest room' or 'suite', as defined in this Section. .110 'S' WORDS, TERMS AND PHRASES. .1101 Site Plan. A plan showing the details of building locations, structures, parking facilities, signs, vehicular access, preliminary landscaping and architectural design for a project or building site. .1102 Specific Plan Area. The words 'Specific Plan Area' shall mean the Hotel Circle Specific Plan Area including all facilities and improvements therein. .1103 Suite. Hotel guest accommodations which provide a living room area separate from the bedroom(s) and bath(s) area. Typical living room areas include a game table, sofa, television, refrigerator, microwave oven and small stove as part of suite amenities. Typical bedroom areas include one or two bedroom(s) with bath(s) and a television, closet, phone and dresser. A hotel guest suite shall be considered as one room for the purpose of total room count permitted in the Specific Plan area, even if it includes more than one room. .120 'T' WORDS, TERMS AND PHRASES. .1201 Temporary Use. A temporary use is a use which is allowed only for a specific period of time as either an interim use of a site prior to its conversion to a Primary, Accessory or Conditional Use, or as a use necessary to implement the conversion of a site to a permanent use. A temporary use is subject to the regulations described in this Chapter. 1.i .1202 Turf Block. Any one of several paving products made of concrete or plastic which permits turf or other low -growing plant materials to grow through the paving so that the paving is not easily seen. Turf block paving is intended for occasional vehicle traffic, such as when required for emergency vehicle access through landscaped areas. .130 'U' WORDS, TERMS AND PHRASES. .1301 Ultimate Planned Right -of -Way. The right-of-way designated in the Circulation Element of the Anaheim General Plan. Required setbacks shall be measured from the ultimate planned right-of-way shown on the General Plan including any Critical Intersection standard applicable to the property. .140 'V' WORDS, TERMS AND PHRASES. .1401 Vacation Ownership Resort. A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A vacation ownership resort interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in real property. .150 'W' WORDS, TERMS AND PHRASES. .501 Wall. (1) the vertical exterior surface of a building; (2) vertical interior surfaces which divide a building into rooms; (3) an artificially constructed barrier constructed predominately of masonry and other materials such as metal or wood and which is intended to enclose or screen areas of land. As defined herein, masonry shall include, but not be limited to: concrete masonry units (such as precision concrete block, slump block, or other similar products), brick, concrete (either pre -cast or cast -in-place), and stucco. .160 'Z' WORDS, TERMS AND PHRASES. .1601 Zero Setback. No building setback provided for structures adjacent to interior property lines, provided no easements are required for underground utilities. 2 .1602 Zoning Ordinance. The City of Anaheim Zoning Ordinance for the Commercial -Recreation Area which was adopted by City Council on August 14, 1990. Said ordinance incorporates specific provisions encouraging the assemblage of contiguous parcels of land for master planning, and allows for the reclassification of property in the C-R Area to the Specific Plan Zone with a separate set of development standards. 18.79.040 METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION. The methods and procedures for implementation and administration of the Specific Plan are prescribed as follows: .010 Implementation. The Specific Plan shall be implemented through the processing of and approval of Final Site Plans prior to the issuance of building permits. .020 Final Site Plan Approval. Final Site Plans (as described in this Section and hereinafter collectively referred to as the 'Final Site Plans') shall be processed in the following ways: .0201 Process for Approval. (a) Planning Commission review and Approval. Final Site Plans for Permitted Primary and Accessory Uses and Structures within the Specific Plan Area shall be submitted to the Planning Department for Planning Commission review as a Report and Recommendation item to determine if said plans are in substantial conformance with the Specific Plan and the provisions of this Chapter. The Planning Commission's decision shall be final unless appealed to the City council within twenty two (22) days from the date of the Commission's decision. (b) Planning Commission Public Hearing Item. Final Site Plans for Conditional Uses within the Specific Plan Area shall be subject to the review and approval by the Planning Commission at a noticed public hearing. Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for Conditional Use Permits in Chapter 18.03 of this Code. The Planning Commission shall review the Final Site Plan to determine if it is in substantial conformance with the Specific Plan and the provisions of this Chapter. The Planning Commission may approve, disapprove or approve with conditions the Final Site Plan. The Planning Commission's decision shall be 10 final unless appealed to the City Council within twenty-two (22) days from the date of such decision. Before approving a Final Site Plan under the provisions of this subsection, the Planning Commission shall make the following findings of fact: (1) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (2) That the size and shape of the site is adequate to allow for the full proposed development of the proposed use in a manner not detrimental to the particular area nor the peace, health, safety and general welfare; (3) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (4) That the approval of the Final Site Plan under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of Anaheim. .0202 Content of Final Site Plan Submittal. Final dimensioned site plans shall contain the following information for the City's review: a) Location of existing property lines, lot line adjustments, if any and existing and prospective easements. b) Proposed uses of property, location of buildings, vehicular and pedestrian circulation parking areas (including buses, parking structures, and landscape and open space areas. c) Proposed Building Floor Plans and Elevations -including building materials and colors. d) Preliminary landscaping plans -indicating the extent, location, size and type of proposed landscaping. e) Tabulation of parking count, square footage of buildings. 11 f) Fence and wall locations -indicating the type and height of fencing proposed along any lot line, or any screen walls within the site. g) Signage plans -indicating the proposed signage program and including, but not limited to, any identification, business or other signs; and specifying the size, height, location, color, material and lighting of such signs. h) Conceptual grading and drainage plans showing finished floor elevations. i) Service areas (including details of trash pick-up). j) Utility locations (above and below ground). k) Structural height plans, elevations and cross-sections demonstrating compliance with height provisions of this Code. 1) Lighting plans. m) Roof and ground -mounted equipment location and screening treatment. .030 Site Plan Consistency. .0301 Final Site Plan Conformance. Following approval of a Final Site Plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final Site Plan, a revised final Site Plan may be submitted to the Planning Director. If the Planning Director determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan, and the general intent of the final Site Plan previously approved by the Planning Commission, the revised final Site Plan may be approved by the Planning Director without submittal to the Planning Commission. The decision of the Planning Director shall be final unless appealed to the Planning Commission as a Report and Recommendation item within ten (10) days from the date of such decision. Notwithstanding the foregoing, the Planning Director may have the discretion to refer consideration of the revised Final Site Plan to the Planning Commission as a Report and Recommendation item. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved Final Site Plan, the revised 12 i final Site Plan may be approved by the Planning Commission. The decision of the Planning Commission shall be final unless appealed to the City Council within twenty-two (22) days from the date of such decision. .040 Approval of Lot Splits, Boundary and Acreage Variations. Lot splits, boundary and acreage variations shall comply with all applicable regulations and be reviewed and processed in accordance with the procedures contained in Title 17 entitled 'LAND DEVELOPMENT AND RESOURCES' of the Anaheim Municipal Code. .050 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.93 entitled 'SPECIFIC PLANS' of the Anaheim Municipal Code. 18.79.050 PERMITTED USES AND STRUCTURES - GENERAL. Notwithstanding any other provisions of this Chapter, the following additional limitations shall apply to the conduct of any use permitted in this Zone: .010 All uses except service stations, automobile parking lots, semi -enclosed restaurants, or as otherwise exempted in this Chapter, shall be conducted wholly within a building. .020 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, gas, vibrations or other similar causes detrimental to the public health, safety or general welfare. .030 All stores shall deal primarily in new merchandise, excepting as otherwise specified in this Chapter. 18.79.060 PERMITTED PRIMARY USES AND STRUCTURES. Subject to the limitations prescribed in Section 18.79.050 entitled 'PERMITTED USES AND STRUCTURES -GENERAL' of this Chapter, the following buildings, structures and uses, either singly or in combination, shall be permitted in this Zone: .010 Hotels and Motels. .020 Restaurants, with or without sale of alcoholic beverages for on -premises consumption, as defined in Section 18.79.030 entitled " R' WORDS, TERMS AND PHRASES' of this Code. Restaurant allowed as permitted uses shall be full 13 service establishment. Such establishment may provide take-out service, but as a limited, ancillary function only. .030 Vacation ownership resorts in compliance with the requirements of Section 18.79.130 entitled 'REQUIREMENTS FOR VACATION OWNERSHIP RESORTS' of this Chapter. 18.79.070 PERMITTED ACCESSORY USES AND STRUCTURES. .010 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use or as specifically approved where clearly incidental to and integrated with a conditional use: .0101 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of a primary use. .0102 Automobile/vehicle parking lots, or structures providing off-street parking spaces, as required by this Code for uses permitted under this Chapter. .0103 Confectionery shops, including candy stores, ice cream parlors, and establishments selling baked goods (including, but not limited to, cookies and muffins) for on -premises sales only (not on -premises consumption). .0104 Meeting/banquet facilities. .0105 Sales of alcoholic beverages for on -premises consumption. .0106 Signs as permitted pursuant to Section 18.79.140 entitled 'SIGN REGULATIONS -ADVERTISING AND IDENTIFICATION' of this Chapter. .020 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use, excluding restaurants, and as otherwise limited herein: .0201 Amusement arcades, integrated only within a hotel, motel or vacation ownership resort or within an entertainment facility subject to the provisions of Chapter 4.14 entitled 'AMUSEMENT DEVICES' of the Anaheim Municipal Code. .0202 Auto rental agency offices, integrated within a hotel, motel or vacation ownership resort 14 i only, and with no on-site storage or display of rental cars. .0203 Banking facilities, including automated teller machines. .0204 Barber shops. .0205 Beauty shops. .0206 Book stores, including newspaper and periodical sales. .0207 Breakfast room for the use of guests, as part of a hotel, motel or vacation ownership resorts. .0208 Business center strictly for the use of a hotel, motel or vacation ownership resort guest. .0209 Clothing stores. .0210 Custom print and art shops. .0211 Day care services, integrated within a hotel, motel or vacation ownership resort only, and intended for the use of the guests and/or employees of such hotel or motel. .0212 Drugstores. .0213 Floral shops. .0214 Health spas and physical fitness centers, integrated within a hotel motel or vacation ownership resort only, and limited strictly to the use of the guests and/or employees of such hotel motel or vacation ownership resort. .0215 Jewelry stores. .0216 Laundry and dry cleaning facilities when integrated within a hotel, motel or vacation ownership resort only. .0217 Luggage and accessory shops. .0218 Miniature golf facilities (indoor or outdoor). .0219 One (1) caretaker/manager residential unit, less than one thousand two hundred twenty-five (1,225) gross square feet in size and integrated within a hotel 15 16 or motel or vacation ownership resort complex only, subject to compliance with the parking standards for Multiple -Family Dwellings in Section 18.06.050 entitled 'MINIMUM NUMBER, TYPE AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS' of this Code. .0220 Photo supply shops. .0221 Postal and copy service facilities. .0222 Recreational facilities (including, but not limited to, outdoor playground areas, tennis and racquetball courts, and swimming pools), when integrated as part of a hotel, motel or vacation ownership resort only. .0223 Retail uses integrated into a hotel, motel or vacation ownership resort only. .0224 Sales of alcoholic beverages for off -premises consumption in conjunction with a hotel, motel or vacation ownership resort only. .0225 Shoe repair shops. .0226 Souvenir, gift, and/or novelty shops. .0227 Ticket agencies. .0228 Tobacco shops. .0229 Travel agencies. 18.79.080 PERMITTED TEMPORARY USES AND STRUCTURES. The following temporary buildings, structures and uses shall be permitted subject to the conditions and limitations specified herein: .010 Contractor's Office and/or Storage. Temporary structures including the housing of tools and equipment or containing supervisory offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, provided the time of such use shall not exceed one (1) year unless a request for an extension of time for good cause is approved by the Planning Director. .020 Temporary Parking on Vacant Land. Temporary paved parking uses shall be permitted on vacant land as an accessory use to an existing hotel, for a period not to exceed two (2) years or whenever another permanent use is 16 6 built on the site, whichever occurs first, subject to the approval of the City Traffic and Transportation Manager. Annual extensions may be granted, subject to the review and approval of the City Traffic and Transportation Manager. .030 Special Events and Temporary Flags, Banners and Balloons. The temporary use of premises for special events as defined in Section 18.01.200 shall be subject to compliance with the provision of Sections 18.02.055 'SPECIAL EVENT PERMITS GENERAL' and 18.05.070 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL' of this Code. 18.79.090 CONDITIONAL USES AND STRUCTURES. Due to the uniqueness of the Commercial Recreation Area as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted in this Zone provided a conditional use permit is approved therefor pursuant to, and subject to the conditions and required showings of, Section 18.03.030 entitled 'CONDITIONAL USE PERMITS (C.U.P.'s)-GENERAL' of the Anaheim Municipal Code. Proposed plans for related signage shall be submitted with each conditional use permit application and shall be subject to approval by conditional use permit. .010 Amusement parks, aviaries, zoos. Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms and vacation ownership resorts, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. .020 Massage establishments. Massage. establishments, integrated within a hotel, motel or vacation ownership resort only for which a permit is required pursuant to Chapter 4.29 entitled 'BATHS, SAUNA BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES' of the Anaheim Municipal Code. 17 .030 Art galleries. .040 Automobile car washes. Automobile car washes in conjunction with service stations only. .050 Automobile rental agencies. Automobile rental agencies with on-site storage and/or display of rental cars whether or not in conjunction with a hotel, motel or vacation ownership resort. .060 Automobile service stations. Automobile service stations, subject to the requirements of Chapter 18.87 entitled 'ZONING CODE -CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE STATIONS' of the Anaheim Municipal Code (except as certain associated uses are prohibited in this subsection). As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property agreeing to remove the structures and underground tanks in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. Under no circumstances shall the following uses be permitted in conjunction with any service station facility: .0601 The sale of alcoholic beverages for on -premises or off -premises consumption. .0602 Convenience markets or mini -markets. .0603 Rental and/or display of utility trailers. .0604 Tow truck operations. .070 Automobile/vehicle parking. Automobile/vehicle parking lots or parking structures not otherwise permitted by 18.79.070 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' of this Chapter. .080 Bowling alleys. Bowling alleys, including sale of alcoholic beverages for on -premises consumption. .090 Churches. .100 Emergency medical facilities. .110 Golf courses. .120 Museums. 18 .130 Non -publicly operated convention centers including exhibition halls and auditoriums. .135 office buildings. Office buildings when accessory and clearly incidental to, and integrated as part of, an on-site permitted primary or conditional use. .140 Radio and television studios. Radio and television studios, which may include accommodations for filming/taping in front of live audiences. .150 Recreational vehicle and campsite parks. Recreational vehicle and campsite parks limited to use for short-term visits, not to exceed thirty (30) days in any calendar year, by tourists and visitors. .160 Signs. Signs not otherwise expressly permitted or prohibited in this zone. .170 Skating rinks. .180 Specialty retail centers. Specialty retail centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall consist of a minimum of three (3) contiguous acres, have integrated management, and shall have a 'festive theme' orientation, and: .1801 Plazas and/or other pedestrian -oriented amenities shall be part of the center's design. .1802 Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on -premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off -premises consumption; sale of alcoholic beverages for on -premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Chapter 4.14 entitled 'AMUSEMENT DEVICES' of the Anaheim Municipal Code. A complete listing of proposed uses shall be submitted with every conditional use permit application. .190 Transportation terminal stations. Transportation terminal stations to facilitate the transfer from automobile or pedestrian travel to bus, train or other forms of mass transit; helistops, as defined in Section 18.01.090 entitled 19 " H' WORDS, TERMS AND PHRASES' of the Anaheim Municipal Code (excluding heliports); provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. .200 Theaters. Theaters including dinner, legitimate or motion picture theaters, performance theaters or clubs and indoor or outdoor amphitheaters. .201 vacation ownership resort units. Vacation ownership resort units other than those permitted by Section 18.79.060.030 and subject to provisions of Code Section 18. 48.120 entitled Requirements for Vacation Ownership Resorts. .202 Vacation ownership resort conversion. Conversion of a vacation ownership resort to a hotel. 18.79.100 PROHIBITED USES. The following uses shall be prohibited in this zone: .010 Ambulance services. .020 Sex -Oriented Businesses as defined in Section 18.89.020.F of this Code. .030 Billboards as defined in Section 18.05.020 entitled 'CLASSIFICATION OF SIGNS' of this Code. .040 Bingo Establishments. .050 Cemeteries. .060 Christmas tree sale lots and/or stands. .070 Conversions. Conversions of hotels, motels or vacation ownership resorts to semi-permanent or permanent living quarters, except for a caretaker/manager unit as specified in Section 18.79.070 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' hereof. .080 Drive-in or drive-through restaurants. .090 Headshops. For purposes of this Chapter, a headshop is defined as any commercial enterprise or establishment, whether ongoing or transient, which sells any devices, contrivances, instruments or paraphernalia as defined in Section 7.10.020 subsection (g), entitled '(ADVERTISING, DISPLAY AND SALE OF PARAPHERNALIA TO MINORS) DEFINITIONS' of the Anaheim Municipal Code. 20 .100 Heliports. .110 Hospitals, convalescent homes, rest homes, sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals. .120 Industrial uses. .130 Mobilehome parks. .040 office buildings, when not accessory and clearly incidental to, and integrated as part of, an on-site permitted primary or conditional use. .150 Sale of alcoholic beverages. Sale of alcoholic beverages for on -premises consumption and/or off -premise consumption except as otherwise expressly permitted in this zone. .155 Signs. Signs listed in Code Section 18.79.145.030. .160 Dwelling units. Single-family or multiple -family dwelling units except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. .170 Shopping centers. Commercial retail centers, strip shopping centers, mini malls and other shopping centers not in conformance with the requirements of a specialty retail center as defined and permitted in Section 18.79.090.180. 18.79.110 LAND USE AND SITE DEVELOPMENT STANDARDS. .010 General Building Site Requirements. The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this Zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or parking areas on adjacent sites. The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .020 Nonconforming Building Requirements. The site development standards contained in this Chapter shall apply to (i) every building hereinafter erected in this Zone, (ii) every building hereinafter structurally modified to an 21 extent exceeding twenty percent (20%) of the gross floor area of said existing building, and (iii) the structural expansion portion of every building hereinafter expanded. 18.79.111 STRUCTURAL HEIGHT AND AREA LIMITATIONS. .010 Maximum Structural Height. The maximum height of any building or structure shall be fourteen (14) stories or range from one hundred forty-five (145) through one hundred eighty (180) feet (as measured from finished grade) which shall conform to the maximum heights defined by the 'Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map' (Anaheim Municipal Code 18.04.035). .020 Structures in Excess of Maximum Heights. Structures in excess of the maximum heights defined by the 'Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map,' as adopted by Anaheim City Council Ordinance No. 5379, shall be prohibited. .030 Minimum Parcel Size. Each lot shall have a minimum width at street frontage of not less than one hundred (100) feet. This requirement shall not apply to any lot lawfully created prior to the effective date of this Chapter and shall not render any such lot nonconforming to this Chapter for purposes of applying any other requirements contained herein. .040 Parking Structure Height. The maximum height of a parking structure adjacent to or in conjunction with the Parkview Hotel (the northernmost parcel located on the east side of Clementine Street) shall be four (4) stories or a maximum of forty (40) feet tall, excluding roof -mounted appurtenances or architectural features. The maximum height of a parking structure adjacent to or in conjunction with the Katella Hotel shall be four (4) stories or a maximum of forty-eight (48) feet tall, excluding roof -mounted appurtenances or architectural features. No subterranean parking structures shall be permitted. 18.79.112 STRUCTURAL SETBACK AND YARD REQUIREMENTS. Buildings in this Zone shall be provided with open yards and setbacks extending across the full width of the property. .010 Lots Abutting Arterial Highways. Lots abutting any arterial highway shall have a minimum open setback as measured from the ultimate planned highway right-of-way line of said arterial highway as designated on the Circulation Element of the General Plan, which setback shall be as hereinafter set forth. Required yard setbacks shall be 22 i fully landscaped, irrigated and maintained in a manner in compliance with the Hotel Circle Specific Plan Area Design Guidelines and the Hotel Circle Specific Plan Landscaping Plan (Exhibit 29). .011 Lots abutting Katella Avenue. Lots abutting Katella Avenue shall have a minimum Eleven (11) foot wide open setback as measured from the ultimate planned right-of-way line. .012 Lots abutting Anaheim Boulevard. Lots abutting Anaheim Boulevard shall have a minimum twenty (20) foot wide open setback as measured from the ultimate planned right-of-way line. However the following parcel shall have a minimum ten (10) foot wide open setback as measured from the ultimate planned right-of-way: The south 185 feet of the north 270 feet of the east 240 feet of the southeast quarter of the southeast quarter of the southeast quarter of Section 22, in Township 4 south, range 10 west, in the Rancho San Juan Cajon De Santa Ana, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in book 51, page 10 Miscellaneous Maps, in the office of the County Recorder of said County. .013 Lots abutting Clementine Street. Lots abutting Clementine Street shall have a minimum ten (10) foot wide open setback as measured from the ultimate planned right-of-way line. .020 Lots Abutting Zeyn Street. Lots abutting Zeyn Street, except for the first one hundred (100) feet along Zeyn Street which shall have a minimum ten (10) foot wide open setback shall have a minimum five (5) foot wide open setback as measured from the ultimate planned right-of-way line. .030 Interior Lot Property Lines. A five (5) foot wide minimum side yard setback shall be required for any building within the area abutting any interior lot property lines, whether said property line is adjacent to property within or outside of this Specific Plan Zone. Open parking areas or parking structures within the Specific Plan Zone abutting each other may have a zero (0) lot line setback. .040 Required Improvements of Setback Areas. Except as otherwise provided in this Chapter, all required setback areas shall be fully landscaped with lawn, trees, shrubs, walkways, plazas, fountains, and other similar materials. A minimum of eighty percent (80%) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting public streets shall contain live landscape materials. All landscaped area shall be 23 permanently maintained in a neat and orderly manner as a condition of use and shall be provided with a permanent automatic water conserving irrigation system. All landscaping, irrigation and maintenance thereof shall be provided in compliance with the Hotel Circle Specific Plan Area Design Guidelines and the Hotel Circle Specific Plan Landscaping Plan (Exhibit 29) .050 Sight Distance. No landscape materials or other elements exceeding twenty-four (24) inches in height shall be permitted within the 'Commercial Drive Approach' area as defined by Engineering Standard Detail No. 137. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this subsection. 18.79.113 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS AND SETBACK AREAS Buildings shall comply with the provisions of Section 18.04.043 entitled 'PERMITTED ENCROACHMENTS INTO REQUIRED YARDS -GENERAL' of the Anaheim Municipal Code, except as provided herein. .010 Appurtenant Structures. The following structures appurtenant to other structures shall be permitted to encroach into required setbacks: a) Access ramps for automobiles to enter and exit parking facilities. b) Access ramps for pedestrians to enter and exit parking facilities, and other permitted structures. .020 Automobile Parking Areas in the Front Yard. Parking shall not be permitted within the required front yard setback. .030 Fences, Walls and Hedges in Interior Lot Line Setback Areas. Fences, walls and hedges not exceeding six (6) feet in height shall be permitted in any required interior lot line setback area but shall not protrude into any required setback area abutting a public street and shall be planted with either clinging vines or fast growing shrubs. .040 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback, provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from any property line abutting a public right-of-way, and further 24 provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. All flags shall be kept in good repair. .050 Fountains, Ponds, Sculptures. Fountains, ponds, sculptures, decorative paving, planters and decorative walkways shall be permitted within the required front yard setback, provided they are an integral part of a landscaping scheme comprised primarily of plant materials. .060 Pool. One pool and any required open decorative fencing shall be permitted to encroach to within ten (10) feet of the public right-of-way along Anaheim Boulevard for only that property described as follows:Parcel 1- the north 85 feet of the east 240 feet of the southeast quarter of the southeast quarter of the southeast quarter of section 22, Townhship 4 south, Range 10 west in the Rancho San Juan Cajon De Santa Ana, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County. Parcel 2- The south 15 feet of the east 240 feet of the northeast quarter of the southeast quarter of the southeast quarter of Section 22, Township 4 South, Range 10 West, in the Rancho San Juan Cajon De Santa Ana, in the City of Anaheim, as per map recorded in book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County. .070 Parking Entrances at Grade. Entrance and exit drives and walkways into parking areas that are perpendicular to the centerline of the street from which access is provided shall be permitted. 18.79.114 REQUIRED SITE SCREENING. .010 Screening at Public Rights -of -Way. Where parking is visible from a public right-of-way, the parking shall be screened with a landscaped area. Said landscaped area shall consist of thirty-six (36) inch high screen -type shrubs, bushes, or vine covered wall and/or berming, and shall conform to Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' .020 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; said walls may be located within a building setback area and shall be decorative and landscaped with clinging vines in compliance with the Hotel Circle Specific Plan Area Design Guidelines. The two (2) foot 25 offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Hotel Circle Specific Plan Area Design Guidelines. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained 18.79.115 UTILITY EQUIPMENT. Utility equipment and communication devices shall be screened from public view so that such devices are not visible where the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. Said encroachment shall not be permitted in a required setback area adjacent to a public street. .010 Roof Mounted Equipment. Roof mounted equipment shall be painted the same color as the roof and shall be screened from view of adjacent public rights-of-way and from adjacent properties at any point measured six (6) feet above grade. 18.79.116 REFUSE CONTAINER ENCLOSURE REQUIREMENTS. Refuse container enclosures are required, shall be screened from all public rights-of-way, and shall be designed, constructed and maintained in compliance with the Hotel Circle Specific Plan Area Design Guidelines and in compliance with the Maintenance Standard entitled 'Refuse Container Enclosure for Multiple -Family, Residential, Commercial and Industrial Use' on file in the Building Division of the Planning Department. 18.79.117 VACANT LAND. .010 Screening and/or Landscaping of Vacant Land. Vacant land shall be screened from view from public rights- of-way with a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area. Landscaping on said berm or hedge screen shall be maintained in a healthy condition. Property on Zeyn Street northerly of the first one hundred (100) feet along Zeyn Street shall be exempt from this requirement provided said exempted property is maintained in a clean and neat condition. 26 18.79.120 OFF-STREET PARKING AND LOADING REQUIREMENTS. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.06 entitled 'VEHICLE PARKING AND LOADING REQUIREMENTS' of the Anaheim Municipal Code, except as provided herein. .010 Location of Required Parking Spaces. All parking areas shall comply with the provisions of Section 18.06.010.020 entitled '(LOCATION OF REQUIRED PARKING SPACES) NONRESIDENTIAL USES' of this Code except as provided herein. .020 Minimum Parking Requirements. The minimum number, type and design of off-street parking spaces shall comply with the requirements of the Anaheim Municipal Code if not specifically addressed except as noted herein: .030 Hotels, Motels or Vacation Ownership Resorts. .0301 A minimum of four-fifths (0.8) parking space shall be provided for each guest room or suite unit (with or without kitchenettes). .0302 Recreational facilities, breakfast rooms, game rooms, gift shops, exercise rooms, or concierge level facilities which only serve in-house guests shall not require additional parking. .0303 One restaurant/coffee shop for the entire Specific Plan Area located within a hotel, motel, or vacation ownership resort, which caters to primarily in-house guests and has no advertising signage on the exterior of the building, shall not require any additional parking. Said restaurant/coffee shop shall be less than 5,000 square feet and located within a hotel, motel or vacation ownership resort and shall not be freestanding. except as set forth above, restaurant facilities shall provide parking in accordance with all the requirements for restaurants in this Chapter. .0304 Employee parking shall be one-fourth (0.25) parking space per employee. .040 Restaurants .0401 Free-standing restaurants adjacent to hotel(s) within the Specific Plan Area, shall be considered to be integrated in a planned development complex; thus, requiring eight (8.0) spaces per 1,000 square feet of gross floor area of seating or dining areas. ONIA i .0402 Employee parking shall be four (4.0) spaces per 1,000 square feet of gross floor area of food preparation area. .050 Truck Loading. Hotels, motels or vacation ownership resorts with restaurant facilities shall provide a truck loading area which incorporates a parking stall with minimum dimensions of fifteen (15) feet wide and twenty-five (25) feet long. Hotels, motels or vacation ownership resorts which do not provide full service restaurant facilities and freestanding restaurants shall include a truck loading area which incorporates a parking stall with minimum dimensions of twelve (12) feet wide and eighteen (18) feet long. .060 Layout and Design. The layout and design of open parking areas and parking structures, and vehicle accessways shall comply with the requirements of Section 18.06.020 of the Anaheim Municipal Code entitled 'LAYOUT AND DESIGN OF PARKING AREAS' except as provided herein: .0601 Where design constraints can be demonstrated, up to twenty-five percent (25%) of the total parking spaces provided shall have a minimum dimension of eight and one-half (8-1/2) feet wide and sixteen (16) feet long for open parking areas and within parking structures with or without columns. .0602 Parking aisles shall have a minimum width of twenty-four (24) feet for surface parking areas and twenty-three (23) feet within parking structures, with or without columns. .0603 Standard parking stalls shall have minimum dimensions of eight and one-half (8.5) feet wide and eighteen (18) feet long for open parking areas and within parking structures with or without columns. .070 Tour Bus/Shuttle Parking and Passenger Drop-off Area. Parking for tour buses and/or shuttles and passenger drop-offs shall be located in a centralized location within the Specific Plan Area. The area as shown on Exhibit 24 of the Hotel Circle Specific Plan shall be a minimum of twelve (12) feet wide and eighty (80) feet long and may be located along Hotel Circle Drive. Said parking facility shall have a covered passenger waiting area. An additional tour bus pickup/drop off area with minimum dimensions of twelve (12) feet wide and twenty-five (25) long shall be provided within the Specific Plan Area. Any significant change to the location shall require the approval of the City Traffic and Transportation Manager. r .080 Parking Lot Plan Review. Parking lot plans, including parking structures, shall be subject to review by the Planning Department and the City Traffic and Transportation Manager as part of the 'FINAL SITE PLAN APPROVAL' per Section 18.79,040.020 and shall incorporate the engineering standards set forth in this Chapter including the following information: .0801 Dimensions for internal spacing, circulation and landscaped areas; .0802 Curbing, stall markings, signing and other traffic control devices; .0803 Location and height of lighting fixtures; .0804 Location, dimensions and accessibility of trash containers for refuse trucks; .0805 Location of fire hydrants and fire accessways; .0806 Location and height of perimeter walls; .0807 Tour bus and/or shuttle parking and loading; .0808 Grade elevations and ramps associated with driving and parking facilities; .0809 General location of utility devices and other related above -ground features (i.e. utility poles); .0810 Truck parking/loading areas. .090 Paving. All permanent off-street parking facilities, including access aisles and driveways, shall be permanently paved. Such surfacing, as well as striping, signing, and directional markings, shall be maintained in good condition at all times. .100 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with Engineering Standard Detail No. 601 entitled 'Minimum Off -Street Parking Dimensions,' Engineering Standard Detail No. 602 entitled 'Minimum Off -Street Parking Dimensions,' and Engineering Standard Detail No. 604 entitled 'Parking Structure Design', except as provided in this Chapter. Parking shall be separated from any abutting property line ►mss] i by a minimum six (6) inch curb with the exception of driveway areas between properties, where no such curb shall be required. .110 Driveway Abandonment. When use of a driveway to a public street is abandoned or otherwise discontinued, the owner, who is in receipt of notice from the Public Works/Engineering Department, shall remove all driveway pavement, curb and gutter, and shall replace the curb, gutter and sidewalk, and landscape the area to match the adjacent landscaped areas in a time frame as established by said Department.' .120 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.06.030 entitled 'REQUIRED IMPROVEMENT OF PARKING AREAS' of the Anaheim Municipal Code; provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained. .130 Parking Structure Landscaping. Parking structures shall have a landscaped area with a minimum width of five (5) feet provided along the peripheral edges of the parking structure except where two (2) structures adjoin. Such areas shall be landscaped and maintained with a combination of shrubs, ground cover and trees. Adjacent to any parking structure, trees shall be provided and maintained consisting of at least one (1) twenty-four (24) inch box tree per each ten (10) linear feet of parking structure. Such trees may be either grouped or equally spaced as indicated on the typical parking structure elevation contained within the Specific Plan, marked "Attachment D.." .140 Landscape Trees and Shrubs. Trees and shrubs shall conform with the plant palette provided within the Hotel Circle Specific Plan. .150 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Section 18.06.040 entitled 'PARKING SPACE AND ACCESS DESIGN' of this Code and Engineering Standard Detail No. 602, entitled 'Minimum Off -Street Parking Dimensions for Non -Residential Uses,' and Engineering Standard Detail No. 604-A entitled 'Parking Dimensions for Structures,' except as provided in this Chapter. .160 Parking Structure Entry Ramps. Entry ramps into parking structures, including split level structures, shall be designed with a maximum twelve and one-half (12.5) 30 percent slope, provided parking structure entrances are set back a minimum of twenty (20) feet from any public right-of-way. .170 Maximum Curb Openings per Street Frontage. A maximum of two (2) curb openings shall be permitted for each hotel located along Zeyn Street. .180 Driveway Separation and Spacing. There shall be a minimum distance of twenty (20) feet between driveways for each lot located along Zeyn Street. .190 Entry Drive Dimensions. A minimum entry driveway (throat) of twenty (20) feet shall be provided as measured from the face of street curb to the nearest point of the onsite parking area. .200 Driveway Width Dimensions. Driveways shall be a minimum of twenty- three (23) feet wide, and a maximum of thirty-five (35) feet wide. .210 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' 18.79.130 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. .010 Purpose of Section. The City Council has determined that vacation ownership resorts constitute a commercial use similar to hotel/motel facilities, which use is compatible with the uses permitted within the Specific Plan area, whether such vacation ownership resorts are to be newly constructed or whether such vacation ownership resorts are to be created by conversion of existing hotels within the Specific Plan area. The provisions of this Chapter shall govern the development of vacation ownership resorts within the Specific Plan area and the conversion of existing hotels to vacation ownership resorts within the Specific Plan area and such provisions supersede and shall replace Section 18.48.070 of the Anaheim Municipal Code. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the City's tourism -related facilities, special criteria are warranted for the development of vacation ownerships. .020 Limits on Occupancy. Occupancy, or right of occupancy, of any vacation ownership resorts unit (including different units within the same facility) in a vacation ownership resort facility by a person or entity shall be limited to not more than thirty (30) consecutive days no 31 more than a total of sixty (60) days during any consecutive twelve (12) month period. Units which do not meet such criteria shall be considered to be residential units and shall be prohibited. .030 Limitation on Total Number of Vacation Ownership Resort Units. Up to 331 units shall be permitted as Vacation Ownership Resort units within the Specific Plan Area; additional guest rooms may be designated Vacation Ownership Resort units, subject to a Conditional Use Permit and subject to the provisions of Code Section 18.48.070 rather than Code Section 18.79.130.080. .040 Required Zoning. The conversion of vacation ownership resorts within the Specific Plan Area to residential condominium use is prohibited; however, the development of a vacation ownership resort as a condominium or the conversion of a hotel within the Specific Plan Area to a condominium incidental to the conversion of such a hotel to a vacation ownership resort shall be permitted provided that the governing instruments for such a project shall specifically state that residential use, other than the use and occupancies permitted by section 18.79.130.020, is prohibited. .050 Related Uses. Vacation ownership resorts may include other uses, either as accessory uses to the vacation ownership resort use or as independent facilities, so long as the specific use is allowed by the Specific Plan; such uses shall meet all City laws and requirements. .060 Development Standards. The development standards set forth in this Chapter shall be applicable to the development of vacation ownership resorts. .070 Notification of Intent to Operate Vacation Ownership Resort. Notification of intent to operate a vacation ownership resort within the Specific Plan Area shall be submitted to the Planning Department sixty (60) days prior to the commencement/conversion of said use, for review to determine if said use is in substantial conformance with the Specific Plan and provisions of this Chapter. Said notification of intent shall include the location, number of units and method of conversion/commencement for proposed vacation ownership resorts. .080 Conversion to Vacation Ownership Resorts. Hotels existing or under construction in the Specific Plan area as of the date of adoption of the Specific Plan Ordinance may be converted to vacation ownership resorts in their existing condition for a period of five (5) years from the City 32 [9 Council adoption of the Specific Plan ordinance without the requirement that such facilities comply with the development standards set forth in this Chapter. Hotels the construction of which is commenced after the date of adoption of the Hotel Circle Specific Plan, may also be converted to vacation ownership resorts within a period of ten (10) years from the date of the Certificate of Occupancy for the hotel building or ten (10) years from City Council adoption of the Specific Plan ordinance, whichever is less, provided that such hotels have been developed in accordance with the development standards set forth in this Chapter. Conversions following these time limitations may be permitted by Conditional Use Permit using the criteria contained in Chapter 18.48 of this Code. .0801 Conversion of a Vacation Ownership Resort to a hotel shall require a Conditional Use Permit. .0802 No hotel building within the Hotel Circle Specific Plan Area shall contain both hotel units and vacation ownership resort units on a permanent basis. .090 Information Required to be Submitted for Vacation Ownership Resorts. In addition to any information requirements established by other applicable Sections of this Chapter, the following information shall also be submitted in connection with the development of or conversion to a vacation ownership resort: .0901 Typical floor plans for each vacation ownership resort unit type; .0902 The phasing of the construction of the vacation ownership resort use; .0903 The type of vacation ownership resort method to be used (fee simple, leasehold, tenancy -in common , license, membership, and the like) and how such use may be created; .0904 The identification of vacation ownership resort intervals and the number of intervals per unit; .0905 A description and identification of any accessory uses which are proposed in conjunction with the vacation ownership resort; .0906 A description of the availability of the vacation ownership resort project, including accessory uses, to the general public; 33 .0907 The provisions made for management and maintenance of the project and indication of a contact person or party responsible for the day-to-day operation of the project; .0908 A description of the type and operation of any other uses (commercial and/or recreational) which are included in the facility; .0909 The formula, fraction or percentage, of the common expenses and any voting rights assigned to each vacation ownership resort unit and where applicable, to each unit within the project which unit is not subject to the vacation ownership resort program; .0910 Any restrictions on the use, occupancy, alteration, or alienation of vacation ownership resort units; .0912 A description of the method to be used consistent and in compliance with the provisions of Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of this Code, to collect and transfer the transient occupancy tax to the City. .100 Vacation Ownership Resorts Subject to Transient Occupancy Tax. Notwithstanding any other provision of the Anaheim Municipal Code, all vacation ownership resort units shall be subject to the payment of the transient occupancy tax as otherwise prescribed by Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of the Anaheim Municipal Code. No vacation ownership resort shall be established either as a permitted use or a conditional use unless the developer establishes and implements a method of ownership acceptable to the City which guarantees the City's collection of Transient Occupancy Tax for all vacation ownership units as if they were hotel rooms. The City reserves the right to audit all such vacation ownership resorts. The manager of the facility (or if the facility has no manager, the owner of the facility) shall be deemed the 'operator' within the meaning of Chapter 2.12 entitled 'TRANSIENT OCCUPANCY TAX' of this Code for purposes of collection and remittance of the tax. 18.79.140 SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION. The purpose of this Section is to recognize the intent and function of signs in the Hotel Circle Specific Plan, to provide for their inclusion under this Section of the Anaheim Municipal Code, and to regulate and control all matters relating to such signs except the construction thereof. 34 ik .010 Definitions Pertaining to signs. For the purpose of this Chapter, the following abbreviations, terms, phrases and words shall be construed as specified below: .0101 Animated sign. Any sign that uses movement or change of lighting to depict or simulate movement, action or to otherwise create a special effect or scene. .0102 Area of Sign. The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, logo, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area constituting the advertising message within the smallest polygon required to enclose a typographic/graphic element. .0103 Balloon. Any air-filled or gas-filled balloon attached to a string, rope or similar ligature, and tethered to a fixed place or object, including a motor vehicle. .0104 Banner. Any sign made of fabric, cloth, paper or other material that is fastened to a pole or building at one or more points. National, state or municipal flags, or the official flags of any bonafide religious or fraternal organization shall not be considered banners. Pennants as defined herein shall be considered banners for purposes of this Chapter. .0105 Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel as the light source; also, any light with one or more beams that rotate or move. .0106 Billboard or Off -Premise Sign. A sign of any kind or character upon which any poster, bill, printing, writing, painting, graphic or other display of any kind or nature whatsoever may be placed for advertising purposes and which structure is erected, maintained or used for the purpose of advertisement of goods produced, sold or available for sale, or services available or rendered, at locations other than the premises upon which the structure is located. The term 'billboard' or 'off -premises sign' shall not include: .01061 Official notices issued by any court or public body or officer; 35 .01062 Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; .01063 Directional, warning or information structures required or authorized by law or by Federal, State, County or City authority; .01064 A structure which contains solely the name of the City and the names of, or any other information regarding civic, fraternal or religious organizations located therein; .01065 Guide signs, on -premises signs, business signs, and temporary real estate signs as defined in Section 18.79.140 entitled 'SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION' of this Chapter. .0107 Business Sign or On -Premise Sign. Any sign and sign structure relating to the principal business or use of the premises upon which the sign is erected. This shall include a nameplate designating the name and occupation or profession of the occupant of the premises; any sign which directs attention to a business, commodity, service, or other activity which is sold, offered or conducted on the premises upon which the sign is located, or to which it is affixed. This sign type shall also include any sign with political, social, informational or otherwise noncommercial messages. .0108 Can -Type Sign. A box -shaped sign which has copy on the outside of its surface and is internally illuminated. .0109 Canopy Sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign as defined herein is not a canopy sign. .0110 Changeable Copy Sign. A sign or portion thereof, including but not limited to electronic message boards, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the display surface of the sign. .0111 Display Surface. The surface of the sign structure available for the mounting of material, or the electronic message board, to carry an advertising message, trademark, emblem or logo. 36 i .0112 Emitting Sign. Any sign that releases smoke, steam, water, bubbles or other solids, liquids or gases as a device for advertising. .0113 Electronic Message Board. A changeable copy sign upon which the copy is displayed or changed by electronic means. .0114 Entrance/Exit Signs. Signs located at driveway entrances and displaying only 'enter' or 'exit' along with a small logo. .0115 Exposed Neon Signs. A sign where the neon or argon/mercury illuminated glass tubing is visible and not shielded from view by any material or sign structure. .0116 Flag. Any fabric attached to a flagpole and complying with Section 18.79.113.060 entitled 'FLAGPOLES', and containing distinctive colors, patterns, or symbols, and used as a symbol of a government or other entity. .0117 Flashing Sign. Any sign designed to operate under conditions of intermittent illumination which operates in a manner to create the illusion of being on and off. .0118 Freestanding Monument Sign. A sign which is permanently attached to the ground by means of a permanent solid base and which is independent from any building or other structure. .0119 Illegal Sign. Any sign or advertising display constructed or erected without first complying with all applicable ordinances and regulations in effect at the time of its construction, erection or use. .0120 Lighter Box Sign. An illuminated sign that contains words, numbers or symbols, designed to be an integral part of the architecture of a service station, and intended to be placed above the fuel pumps of a service station for purposes of providing light for the working area and commercial identification. .0121 Location. A lot, site, premises, building, wall or any place whatsoever upon which a sign is erected, constructed or maintained. .0122 Magnetic Sign. A sign which is magnetically attached to a surface. 37 i .0123 Marquee (Changeable Copy) Sign. A sign which is characterized by changeable copy whether said sign is a wall sign or whether said sign projects from and is supported by a building. .0124 Nameplate. Any lighted or unlighted sign identifying the occupant of the premises. .0125 Nonconforming Sign. Any sign that complied with all applicable ordinances and regulations in effect at the time is was erected, but which does not conform to one or more of the requirements of this Chapter. .0126 Off -Site Sign. Any sign not located on the same parcel to which such sign message pertains. .0127 On -Site Directional Guidance Sign. Any sign located on-site specifically giving direction for on-site pedestrian or vehicular circulation. .0128 On -Site Directory Sign. Any on-site sign exhibiting the names and locations of on-site uses and/or facilities, and intended to facilitate the movement of patrons or visitors throughout the site. .0129 On -Site Sign. Any sign located on the same parcel to which such sign message pertains. .0130 Outdoor Advertising. Advertising on any board, fence, sign device, structure or building, or the placing thereon of any poster, bill, printing, painting, device or any advertising matter of any kind whatsoever, and the pasting, posting, printing, painting, nailing or tacking or otherwise fastening of any handbill, card, banner, sign, poster, advertisement or notice of any kind upon any property or place. Said term shall not include any signs or notices posted or displayed by any public officer in the performance of a public duty or a private person in giving a legal notice. .0131 Parapet. A vertical wall extending from and above the actual roof line and intended to visually heighten the building or screen roof mounted equipment. .0132 Parcel or Lot. Any real property under separate ownership from any other adjacent parcel or lot which has street or highway frontage. .0133 Pennant. Any plastic, fabric, or other material, whether or not containing a message of any W_ ri kind, suspended from a rope, wire, string, or other similar device usually in series, designed to move in the wind. .0134 Pole Sign. A sign which is affixed to one or more poles attached to the ground and which is constructed in a manner which does not fully obstruct the view of the area between the sign and the ground. .0135 Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A -frames or T -frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted upon vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day transportation operations of the business. .0136 Projecting Sign. A wall sign which projects from the face of a building. .0137 Pump Top Sign. Any sign atop a fuel dispensing pump, either affixed to or placed upon such pump. A lighter box sign is not a pump top sign. .0138 Raceways. A metal box containing wiring, transformers and housings for a sign. .0140 Real Estate Sign. Any sign and sign structure of a temporary nature relating to the sale, lease or other disposition of real property. .0141 Reverse Can Channel Letters with Neon Halo Illumination. Individual letters formed as a sign can structure where the front surface is opaque and the back is open. Neon tubing is molded to fit the form of the can structure. The light from the neon shines out the opening in the back of the letter and reflects off the surface of the building or structure where the letter is mounted. At night, this reflection appears to be a halo around the opaque letterform. .0142 Roof Sign. A sign erected, constructed and maintained upon the roof of any building. .0143 Rotating or Revolving Sign. Any sign all or a portion of which moves, revolves or rotates in some manner. 39 i .0144 Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. .0145 Structure. The supports, uprights, bracing, guy rods, cables and framework of a sign or outdoor advertising display. .0146 Temporary Sign. Any sign that is used only temporarily and is not permanently mounted or affixed to the ground or any structure. .0147 Typeface. The general form, structure style, or character common to all elements comprising an alphabet. .0148 Wall Sign. A sign which is affixed to an exterior wall of any building or which is affixed to any structure attached to the wall of any building. .0149 Window Identification Sign. Any sign bearing only the name and/or logo and/or address of the business occupying the premises; and consisting of letters and/or numbers permanently affixed to the window, and made of gold leaf, paint, stencil or other such material. .0150 Window Sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass of a building and which is visible from the exterior side of the window, excluding any window identification sign. .020 Administrative Provisions - Sign Regulations. The location, size, type, construction and all other matters relating to signage in this Zone shall be regulated and controlled exclusively by the provisions of this Chapter except to the extent reference is expressly made in this Chapter to any other provision of this Code. In the event of any conflict between the provisions of this Chapter and any other provisions of this Code so referenced herein, the provisions of this Chapter shall govern and prevail. All signs and all applications therefor shall be administered by the Planning Director, except those signs which may be sought in conjunction with a conditional use permit or a zone variance. 40 k .030 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in the Hotel Circle Specific Plan Area shall be contained within this Chapter, provided, however, the provisions of Section 18.05.070 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL', Chapters 4.04 entitled 'OUTDOOR ADVERTISING SIGNS AND STRUCTURES - GENERAL,' and 4.08 entitled 'ADVERTISING OF MOTEL AND HOTEL RENTAL RATES' of the Anaheim Municipal Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this Chapter. .040 Variances From Sign Requirements. No person shall install or maintain any sign in this Zone except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Chapter 18.03 entitled 'ZONING PROCEDURES - AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of the Anaheim Municipal Code. .050 Legal Nonconforming Signs - General. Any sign or other advertising structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of the Anaheim Municipal Code shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. .060 Legal Nonconforming Signs - Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this Chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this Chapter (hereinafter the 'abatement') within fifteen (15) years from and after the date said sign first becomes nonconforming to the provisions of this Chapter, provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one year's advance written notice from the Planning Director of the City of Anaheim requiring the removal or alteration of the sign. Notwithstanding the foregoing: .0601 Any advertising display which was lawfully erected, but whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than 41 IL 90 days, shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. .0602 Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within 30 days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. .0603 Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this Chapter in conjunction with said project. .0604 Any advertising display whose owner seeks approval of the relocation thereof and relocates the advertising display shall relocate such sign within six (6) months of the approval of such relocation. .0605 Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall be removed per said agreement. .0606 Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL' of the Anaheim Municipal Code or within such other time as expressly authorized by the City. .0607 Any advertising display which is an immediate danger to the public health or safety shall 42 be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. .0608 Any advertising display which in the opinion of the City Traffic and Transportation Manager constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. .0609 Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. .070 Illegal Signs. Illegal signs as defined in Section 18.79.140.029 entitled 'ILLEGAL SIGN' of this Chapter shall be removed, altered or replaced so as to conform to the requirements of this Chapter within six (6) months following the effective date of this Chapter. .080 Regulation of Special Types of Signs - General. Notwithstanding any other provisions of this Chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. .0801 Signs Required By Law. Nothing contained in this Chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law.. .0802 Signs in the Public Rights -of -Way. Except as otherwise expressly permitted in this Chapter, signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 entitled 'PROHIBITION OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of this Code. 43 .0803 Political Campaign Signs. Notwithstanding any other provision of this Chapter, political campaign signs shall be permitted on private property in the Hotel Circle Specific Plan Zone, subject to the following: .08031 Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in Section 18.05.093.025 entitled 'MINIMUM SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS' of the Anaheim Municipal Code; and .08032 Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 entitled 'PROHIBITION OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of the Anaheim Municipal Code; and .08033 Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 'Buildings and Housing' of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within 120 days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. 18.79.141 LIGHTED SIGNS - GENERAL. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so erected or constructed or placed, nor shall any substance or material capable of reflecting light be so placed, as to result in directing such artificial light into any structure used exclusively for residential purposes. For the purpose of this provision, structures devoted to hotel and motel use are not to be construed as structures used exclusively for residential purposes. .010 Indirect Lighting. No sign lighted by any type of indirect lighting shall have any such lighting which exceeds eight hundred (800) milliamps rated capacity nor shall any sign lighted by neon or similar materials have any such neon or similar material which exceeds three hundred (300) milliamps rated capacity. .020 Intensity of Illumination. The approval of any illuminated sign shall not be final until thirty (30) days 44 after installation, during which period the Planning Director may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the Planning Director. For purposes of this Section, illumination shall be considered excessively brilliant when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign. .030 Lighter Box Sign. A lighter box sign: (i) shall be either single -faced or double-faced, (ii) shall only be internally lighted, (iii) advertising thereon shall be limited to the company name or logo only, and (iv) said name or logo shall not exceed twenty (20) percent of the total area of each face of said sign. 18.79.142 REAL ESTATE SIGNS - GENERAL. Notwithstanding any other provisions of this Chapter, temporary real estate signs advertising property for sale, lease, rental or for inspection by the public shall be permitted subject to the following limitations: .010 On -Site Real Estate Signs. A maximum of one (1) unlighted, single -faced or double-faced, freestanding sign advertising property for sale, lease, rental or other disposition of the property on which such sign is located shall be permitted on parcels of less than one-half (1/2) acre in area. on larger parcels, one such sign per each street or highway frontage of said parcel shall be permitted as provided herein any such sign(s) may also include the name, address and phone number of the person, firm, entity or agent offering said premises for sale, lease, rental or other disposition. .020 Parcels Less Than Twenty -Two Thousand (22,000) Square Feet in Area. The maximum area of each sign shall not exceed ten (10) square feet, and the height thereof as installed shall not exceed four (4) feet. .030 Parcels of Between Twenty -Two Thousand (22,000) and Forty -Three Thousand (43,000) Square Feet in Area. The maximum area of each sign shall not exceed twenty-four (24) square feet, and the height thereof as installed shall not exceed four (4) feet. .040 Parcels Forty -Three Thousand (43,000) or More Square Feet in Area. The maximum area of each sign shall not exceed forty (40) square feet and the height thereof as installed shall not exceed four (4) feet. 45 I 18.79.143 FUTURE ESTABLISHMENT SIGNS. The future establishment of a business or other activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance with the following provisions: .010 Ownership of Property. The subject property upon which the sign is located must be owned in fee interest, or must be under lease for a minimum ten (10) year period (from the date of issuance of the sign permit), by, or for the purpose of, the future business or establishment referred to upon the copy of said sign. .020 Maximum Area Per Sign. Sixty (60) square feet. .030 Maximum Height. Four (4) feet, with a two (2) foot berm, for a maximum total height of six (6) feet. .040 Maximum Number Permitted. One (1) per each street or highway frontage. .050 Location. All future establishment signs shall be located in the middle thirty (30) percent of the street frontage except for corner lot sign locations where said sign shall be set back a minimum distance of thirty five (35) feet from the intersection at the two property lines forming the street intersection per Engineering Standard Detail No. 137. .060 Time Limit. One (1) year from date of construction or erection, unless prior to expiration, approved by the Planning Director for an additional period not to exceed one (1) year. .070 Names and Dates Required on Signs. The name of the sign owner, property owner or sign builder, as well as the date the sign is erected, shall be securely placed on each sign. .080 Sign Permit Fees. For each and every on-site future establishment sign, there shall be paid to the Building Division of the Planning Department, a sign permit fee. The amount of said fee shall be as specified by City Council Resolution. Further, all such signs shall be subject to the following conditions: .081 Failure to Remove. If said sign is not removed prior to or upon the permit expiration date, the City or its agents may enter upon subject property and remove the sign, the cost of the removal to be paid by permittee. The person, firm or entity whose name appears on the sign (collectively 'person') shall be notified of the City's 46 i intent to remove the sign not less than fourteen (14) days prior to removal by the City. Following removal by the City, said person shall be notified of the removal and said sign shall be retained for a minimum of ten (10) days following the date of such notice after which said sign may be disposed of by the City. .083 Authority. Before a permit for such a sign is issued, the owners of record of the premises and the person proposing to erect the sign must furnish the Building Division written authority granting the City of Anaheim or any of its agents or employees irrevocable permission to enter upon the premises and irrevocably appointing the Building Division Manager as the agent of the owners with permission and authority to remove such sign pursuant to the provisions of this Section. 18.79.144 TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS. .010 The temporary display of signs, flags, banners and balloons for advertising purposes shall be permitted, subject to Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL' of this Code. 18.79.145 BUSINESS AND IDENTIFICATION SIGNS. Business and identification signs shall meet the intent and function of the Specific Plan and shall comply with the following: .010 Permitted Signs. The following sign types are allowed in this Zone subject to the requirements of this Chapter. .0101 Freestanding Monument Signs. Such signs shall be limited to the name of the development and/or a maximum of three (3) business tenant names or logos only, and shall incorporate a landscape border at the base containing live landscape materials, which shall be planted, irrigated and permanently maintained in compliance with the Specific Plan. .0102 On -Site Directional Guidance and On -Site Directory Signs. Such signs shall be utilized for multi -tenant projects only and shall (i) not be visible from public rights-of-way unless approved by a conditional use permit, (ii) be located outside required setback areas, (iii) have maximum dimensions of two (2) feet in height, two (2) feet in depth and two (2) feet in width, and (iv) be designed to direct pedestrians and/or vehicular traffic while said traffic 47 L is on the parcel on which said signage is located. Said signs shall be designed as a coordinated architectural component for said project. .0103 Wall Signs. Such signs, other than projecting signs, shall not encroach into any public right -of -way. .01031 Said signs shall have only one (1) display surface; and .01032 Said signs shall be placed parallel to the exterior wall of the building upon which they are displayed. .0104 Canopy Signs. Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of-way and the awnings must be made an integral part of the building design. Canopy signs on awning valances are considered wall signs in Section 18.79.145.040 entitled 'PERMITTED SIGN STANDARDS MATRIX -- GENERAL SIGN TYPES' of this Chapter. .020 conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit therefor pursuant to and in accordance with the applicable provisions of Chapter 18.03 entitled 'ZONING PROCEDURES --AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of the Anaheim Municipal Code. This Section is not intended to conditionally allow signs prohibited by this Chapter or to change the standards contained herein, but is intended to provide a mechanism to address special circumstances: .0201 On-site directional guidance and on-site directory signs visible from public rights-of-way. .0202 Signs neither otherwise expressly permitted nor otherwise expressly prohibited in this zone. .0203 Signs for any use, building or structure requiring a conditional use permit wherein the proposed overall signage program for said use, building or structure is not otherwise in conformance with the requirements of this Zone. .0204 One (1) changeable copy sign along Katella Avenue, the size, location, height, and design of which shall be as approved by Conditional Use Permit. The sign may be provided for one (1) of the OR, L following three choices: (a) a theme restaurant, (b) a theater or entertainment facility or (c) any site containing four (4) or more contiguous acres. .0205 Projecting signs as specified in Section 18.79.140.047 entitled 'PROJECTING SIGN' of this Chapter. .030 Prohibited Signs. The following types of signs shall be prohibited in this zone: .0301 A -frame or 'sandwich board' signs. .0302 Animated signs. .0303 Attachments or riders to signs. .0304 Beacon lights or beacon signs. .0305 Billboards as defined in Section 18.03.080 entitled 'CLASSIFICATION OF SIGNS' of this Code. .0306 Business information signs. .0307 Can -type signs which incorporate translucent copy and translucent background, provided, however, that can -type signs with opaque background, allowing only the copy to be illuminated, shall be permitted. .0308 Changeable copy signs, as defined (except as otherwise permitted under a conditional use permit pursuant to Section 18.79.145.0204 of this Code). .0309 Electronic message boards, as defined (except as otherwise permitted under a conditional use permit pursuant to Section 18.70.145.0204 of this Code.) .0310 Emitting signs. .0311 Exposed neon signs. .0312 Flashing or traveling light signs. .0313 Magnetic signs. .0314 Off -premises signs. 49 L .0315 Parapet signs, Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.05.070 entitled 'TEMPORARY FLAGS, BANNERS AND BALLOONS' of this Code. .0316 Painted signs on exterior walls. .0317 Pennants except as otherwise permitted pursuant to Section 18.05.070 entitled 'TEMPORARY FLAGS, BANNERS AND BALLOONS' of this Code. .0318 Permanent 'come-on' signs (e.g. 'Sale Today,' 'Stop,' 'Look', etc.). .0319 Pole signs. .0320 Portable signs. .0321 Product advertising signs (e.g., soft drinks, cigarettes, etc.). .0322 Roof signs. .0323 Rotating or revolving signs. .0324 Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. .0325 Statues utilized for advertising purposes. .0326 Temporary signs except as otherwise expressly permitted herein. .0327 Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. .0328 Vehicle entrance or exit signs which incorporate business name(s) or other advertising. .0329 Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking of advertising vehicles on public or private property. .0330 Wall signs located below the third floor level of a building and which signs are adjacent to and visible from residential zoned properties. 50 .0331 Window signs, including signs painted on display windows with day-glo or temporary paint (other than permitted window identification signs as defined in Section 18.79.140.060 entitled 'WINDOW IDENTIFICATION SIGN' of this chapter). .040 Permitted Sign Standards Matrix -- General Sign Types. In addition to all other requirements contained in this Chapter, permitted signs shall comply with the provisions of that certain matrix entitled 118.79.145.040 Permitted Sign Standards Matrix (General Sign Types)' as hereinafter set forth in this Code and the provisions of which are incorporated herein by this reference. 18.79.146 HOTEL/MOTEL/VACATION OWNERSHIP RESORTS SIGN STANDARDS. The following standards shall apply to all hotels/motels/vacation ownership resorts located within this zone: .010 Hotel/Motel/Vacation Ownership Resorts Sign Standards Matrix. Hotel, motel, and vacation ownership resort name signs shall comply with the provisions of that certain Matrix entitled 118.79.146.101 Hotel/Motel/Vacation Ownership Resorts Sign Standards Matrix' as hereinafter set forth in this Code and the provisions of which are incorporated herein by reference. .020 Illumination. These signs may be illuminated internally; however, they shall have an opaque background, with only the copy portion being illuminated. 18.79.147 THEATERS AND ENTERTAINMENT FACILITIES. Signs which display identification and program information using changeable copy for theaters, entertainment, convention and/or amusement facilities only shall be conditionally permitted subject to Section 18.79.145.0204 entitled 'CONDITIONALLY PERMITTED SIGNS' of this Chapter. Theater freestanding monument and/or wall signs shall be subject to Section 18.79.145.040 entitled 'PERMITTED SIGN STANDARDS MATRIX -- GENERAL SIGN TYPES' of this Chapter. These signs shall consist of a permanent, non -changeable copy displaying the name of the theater or auditorium and may include changeable copy accommodating program information. In addition, the following provisions shall apply to such signs: .010 Electronic Message Boards. Such signs shall be defined as changeable copy signs, and shall be conditionally permitted subject to Section 18.79.145.0204 entitled 'CONDITIONALLY PERMITTED SIGNS' of this Chapter. Electronic 51 h message boards may be used to display information; however, message boards that use light bulbs as the image of the message shall be prohibited. Messages are to be displayed in a stationary manner. Animation, flashing or movement of the messages shall be prohibited. .020 Illumination. These signs may be illuminated internally; however, they shall have an opaque background, with only the copy portion being illuminated. 18.79.150 DEVELOPMENT REVIEW AND PERMITS. Prior to the commencement of any work pertaining to the erection or construction of any structure within this zone, all building and site plans shall be subject to review by the Planning Department and Building Division in compliance with all provisions set forth in this Chapter .010 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including that within the ultimate street right-of-way as described on the Circulation Element of the General Plan shall be shown on a site plan, drawn to scale, and shall be subject to the review and approval of the Planning and Public Works/Engineering Departments prior to installation. Such plans shall be consistent with the Final Site Plans approved pursuant to Section 18.79.040.0201 entitled 'FINAL SITE PLAN APPROVAL,' of this Chapter and the provisions of the Landscape Plan contained in the Hotel Circle Specific Plan (Exhibit 29) and the Hotel Circle Specific Plan Area Design Guidelines. 18.79.160 DEDICATION AND IMPROVEMENTS. The dedication of public street right-of-way, public utility easements and other public works improvements shall be required for the entire development prior to issuance of a building permit except for the dedication of Katella Avenue -which shall be required within sixty (60) days of the effective date of the ordinance approving this Specific Plan. 18.79.170 RECLASSIFICATION PROCEDURE - VIOLATION. Concurrent with or subsequent to introduction of an ordinance adding this Chapter to the Anaheim Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. 93-1 (SP 93-1) and this Chapter to the zoning designation SP No. 93-1. Such reclassification shall be subject to each of those certain conditions of approval of SP No. 93-1 as set forth in said ordinance. Any violation of any of said conditions shall be deemed a violation of this Chapter as well as of the 52 i reclassification ordinance and shall be punishable as set forth in Section 1.01.370 of the Anaheim Municipal Code. 18.79.180 PENALTIES FOR VIOLATIONS. Any violation of the provisions of this Chapter shall be subject to penalties as prescribed in Section 18.04.110 entitled 'PENALTIES FOR VIOLATION OF REGULATIONS -GENERAL' of the Anaheim Municipal Code. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such. Each day the condition continues shall be regarded as a new and separate offense. 18.79.190 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Boundaries established by this Title (other than those minor boundary adjustments processed in accordance with Section 18.79.040.020 entitled 'FINAL SITE PLAN APPROVAL' of this Chapter), the classification of property uses therein, or other provisions of this Title may be amended, exceptions made therefrom, or conditional uses permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 entitled 'ZONING PROCEDURES, AMENDMENTS, CONDITIONAL USE PERMITS, AND VARIANCES' and Chapter 18.93 entitled 'SPECIFIC PLANS' of the Anaheim Municipal Code. 18.79.200 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR PROPERTY. Notwithstanding any other provision of this Chapter to the contrary, no provision of this Chapter shall apply to or be a limitation upon the City of Anaheim, whether the City acts in a governmental or proprietary capacity. 18.79.210 APPLICATION FEES By resolution, the City Council may establish fees and amounts thereof required to be paid to the City for design guideline or landscape plan review and for processing Site Plans, building permits and any other application for subsequent approvals to carry out the purposes of this Chapter or implement or amend the Specific Plan." SECTION 2 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 53 6 passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3 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 violations 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 4 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 approved and adopted by the City Council of the City of Anaheim this 16 day of August 1994. MAYORJO�F THE CITY OF AN EIM ATTEST• CITY CLERK OF THE CITY OF ANAHEIM 7583.1\SMANN\August 16, 1994 54 r 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. 5444 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of August, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5444 on the 17th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5443 and was published once in the North Orange County News on the 25th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM