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5437FOLLOWS: ORDINANCE NO. 5437 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTERS 18.01, 18.06, 18.31, 18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION 1. That Section 18.01.190 ("R" WORDS, TERMS AND PHRASES) of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "Restaurant, Take Out" to read as follows: "'Restaurant, Take -Out.' Any establishment which is engaged in the business of preparing and purveying food where said food is customarily ordered by patrons while standing at a window or counter located inside the building regardless of the manner in which said food is thereafter served or whether said food is consumed on the premises, and which has a cumulative maximum total of ten seats for patrons." SECTION 2. That subsection .010 of Section 18.06.040 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: _ of .010 Minimum Dimensions of Vehicle Accessways. The minimum turning radius of any vehicle accessway shall be in accordance with Engineering Standard Detail Nos. 601 and 602 entitled 'Minimum Off -Street Parking Dimensions;' provided, further, that all covered or enclosed residential parking spaces shall have a minimum clear horizontal access width of not less than nine (9) feet." SECTION 3. That new subsection .015 be, and the same is hereby added to, Section 18.06.040 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code to read as follows: It .015 Gated Vehicular Accessways. Gated vehicular accessways shall comply with Engineering Standard Detail No. 609 entitled 'Gate Standard.'" A SECTION 4. That the introductory paragraphs to Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "18.06.050 MINIMUM NUMBER, TYPE AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS. The minimum number of off-street parking spaces provided for any land use shall not be less than the following numbers given for subject use(s); provided, however, that any use not listed below shall provide a minimum of nine tenths (0.9) of one space per each employee on the largest work shift, plus such additional parking as is determined to be reasonably necessary by the City Traffic and Transportation Manager to meet the parking demand for such use. Except as expressly provided in this Section 18.06.050, where a combination of uses is proposed, the minimum number of spaces provided shall be not less than the sum total of the requirements for each individual type of use to be established. For purposes of interpretation of subsection .010 for residential uses, all rooms other than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry shall be considered as a bedroom. Further, in computing parking requirements, fractional requirements shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one full space. For purposes of interpretation of subsections .020 and .030, 'GFA' shall mean gross floor area of buildings as measured from exterior wall to exterior wall. If the GFA upon which the number of parking spaces is based is less than 1,000 square feet (or other unit of measurement as designated herein), the minimum number of required spaces shall be prorated in direct proportion to the minimum number of spaces required for each 1,000 square feet (or other unit of measurement designated herein). Such proration shall also apply in instances where a division of such applicable unit of measurement into the GFA produces a quotient of other than a whole number. Unless otherwise expressly provided herein, any employee parking space requirements shall be based upon the maximum number of employees present at any given time." F"1 SECTION 5. That subsections .011 and .012 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal code be, and the same are hereby, amended to read as follows: is .011 Single -Family Dwellings. A total of not less than four (4) off-street parking spaces shall be provided on-site for any single-family detached dwelling, not less than two (2) of which shall be provided in a garage. Any remaining required spaces not provided in a garage shall be provided on a paved surface or other suitable on- site location, as approved by the Planning Department, having minimum dimensions of eight (8) feet wide and twenty-five (25) feet long (if located in tandem to parking spaces enclosed with a tilt -up garage door) and eight (8) feet wide and twenty (20) feet long (if located in tandem to parking spaces enclosed with a roll -up garage door), measured from the garage door to the nearest edge of the pedestrian walkway or property line, whichever is the lesser distance. Spaces located in tandem to a garage may be permitted to encroach into the required front setback. All other spaces shall be located outside of the required front setback area and shall conform with Engineering Standard Detail Nos. 601 and 602 entitled 'Minimum Off -Street Parking Dimensions.' .012 Multiple -Family Dwellings including attached, detached or semi -attached condominiums, stock cooperatives, townhomes, rowhouses, rental apartments or other forms of clustered dwellings:" SECTION 6. That paragraphs .0122, .0123, .0125 and .0127 of subsection .012 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: it .0122 All covered spaces shall be located within 100 feet of, and be readily accessible to the dwelling unit served. Required open spaces shall be located within 200 feet of the unit served. .0123 Tandem parking spaces shall not be permitted, except for detached single family condominiums, as provided in subsection 18.06.050.011. The term 'tandem parking space' as used in this Section 18.06.050 shall mean any 3 IL off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egress from such parking space blocked by a vehicle properly parked in a contiguous parking space." if .0125 Required open parking spaces for residents and tenants shall be unassigned and no fee shall be assessed for their use." " .0127 Any interior walls of covered parking areas shall be finished with exterior finish material. General storage cabinets of not less than one hundred (100) cubic feet capacity shall be provided for each dwelling unit and shall be located within the covered or enclosed parking area or conveniently located thereto. Adequate bumper guards shall be provided to protect any interior walls from damage." SECTION 7. That the title of subsection .020 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: it .020 Commercial and Institutional Uses:" SECTION 8. That the introductory paragraph of subsection .020 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted. SECTION 9. That subsection .022, and paragraphs .0222 and .0223 thereto of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: " .022 Retail Stores and Service Businesses - General: Five and one-half (5.5) spaces per 1,000 square feet of GFA for the first 100,000 square feet of GFA, plus four and one-half (4.5) spaces per 1,000 square feet of GFA over 100,000 square feet." " .0222 Motor Vehicle Repair Facilities: Five and one-half (5.5) spaces per 1000 square feet of GFA. .0223 Motor Vehicle Sales Facilities: Two and one-half (2.5) spaces per 1,000 square feet 4 AL of GFA for interior showroom use plus four (4) spaces per 1,000 square feet of GFA for office use, plus five and one-half (5.5) spaces per 1,000 square feet of GFA for parts, sales, storage and repair use." SECTION 10. That new paragraph .0226 of subsection .022 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: It .0226 Furniture, Carpet and Flooring --Sales and Display: Two and one-quarter (2.25) spaces per 1,000 square feet of GFA." SECTION 11. That paragraphs .0231, .0232 and .0234 of subsection .023 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: if .0231 Restaurants --Enclosed and Semi Enclosed, with or without bar or entertainment facilities and integrated in a planned development complex such as a shopping center or industrial complex: Eight (8.0) spaces per 1000 square feet of GFA. .0232 Restaurants --Enclosed and Semi Enclosed with or without bar or entertainment facilities and not integrated in a planned development complex such as a shopping center or industrial complex: Fifteen (15.0) spaces per 1000 square feet of GFA." If .0234 Restaurants, Take-out (not to exceed a cumulative maximum total of ten seats for patrons): Five and one-half (5.5) spaces per 1,000 square feet of GFA." ECTION 12. That new paragraph .0236 of subsection .023 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: " .0236 Billiard Halls: Two (2) parking spaces per billiard table, plus required parking for other uses within the facility." 5 A SECTION 13. That paragraph .0251 and subparagraph .02555 thereto of subsection .025 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: to .0251 Theme Amusement or Recreation Type Facilities: Due to the unique nature of these types of uses, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon the nature and extent of the intended use and upon information contained in a parking demand study prepared by an independent traffic engineer licensed by the State of California, or such other study as approved by the City Traffic and _ Transportation Manager and provided by the developer to the City, at the developer's sole expense, at the time of application for such use." it .02555 Health Spas and Physical Fitness Centers: Five and one-half (5.5) spaces per 1,000 square feet of gross floor area for facilities under 4,000 square feet; for facilities 4,000 square feet or larger, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon a parking demand study prepared by an independent traffic engineer licensed by the State of California, or such other study as approved by the City Traffic and Transportation Manager and provided by the developer to the City, at the developer's sole expense, at the time of application for such use." SECTION 14. That paragraph .0259 of subsection .025 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .0259 Theaters: .02591 Live Performance: Four -tenths (0.4) space per seat, plus eight -tenths (0.8) space per employee, including performers. .02592 Single Screen Motion Picture Theater: Six -tenths (0.6) space per seat, plus five (5) employee spaces. 6 .02593 Multi -Screen Motion Picture Theater: Three -tenths (0.3) space per seat, plus two (2) employee parking spaces per screen." SECTION 15. That subsection .026 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: if .026 Educational and Institutional Uses: .0261 Art Galleries with Accessory Retail Sales, Exhibition Halls, and Museums: Three and Three -Tenths (3.3) spaces per 1,000 square feet of GFA. .0262 Assembly Halls and Auditoriums: One- third (0.333) space per fixed seat or twenty-nine (29) spaces per 1,000 square feet of GFA of the assembly area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, two - hundredths (.02) space per person for the maximum capacity figure of the assembly area determined by the City Fire Department. .0263 Business Schools, Trade Schools and Training Centers: Eighty -two -hundredths (0.82) space per student or twenty (20) spaces per 1,000 square feet of GFA of instruction area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of GFA of office area. .02.64 Child Daycare Centers, Preschools and Nurseries: One (1) space per employee plus one (1) space per ten (10) children plus one (1) space for loading and unloading children on-site. .0265 Convalescent Homes and Senior Citizens' Apartment Project -Congregate Care: Eight -tenths (0.8) space per bed. .0266 Churches, Synagogues and other Places of Religious Worship: One-third (0.333) space per fixed seat or twenty-nine (29) spaces per 1,000 square feet of GFA for the assembly area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of office use, plus, if a kitchen facility is provided, two -hundredths (.02) space per person for the maximum capacity figure of the assembly area determined by the Fire Department. 7 a Churches, synagogues and other places of religious worship which also provide educational and/or daycare services on the premises which meet the standard set forth in this paragraph .0266 shall not be required to provide additional parking for said accessory uses. .0267 Elementary Schools and Junior High Schools: One (1) space per classroom, plus one (1) space per non -office employee, plus four (4) spaces per 1,000 square feet of GFA for office use, plus parking as required by para -graph .0262 for any assembly halls and auditoriums. .0268 High Schools: One (1) space per non - office employee, plus one (1) space per six (6) students, plus four (4) spaces per 1,000 square feet of GFA for office use, plus parking as required by paragraph .0262 for any assembly halls and auditoriums. .0269 Hospitals and Other In -Patient Care Facilities: One (1) space per bed, plus six (6) spaces per 1,000 square feet of GFA for the remaining area not containing rooms with beds." SECTION 16 That subsection .027 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: it .027 Transportation Terminals and Heli- ports: Due to the unique nature of these uses, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon information con- tained in a parking demand study prepared by an independent traffic engineer licensed by the State of California or such other study as approved by the City Traffic and Transportation Manager and provided by the developer to the City, at the developer's sole expense, at the time of application for such use." SECTION 17. That subsection .031 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .031 General Industrial, Manufacturing and Warehouse Uses: One and fifty-five hundredths (1.55) spaces per 1,000 square feet of GFA, which may include a maximum of ten percent office i space, plus, if the percentage of office space exceeds ten percent of the GFA, four (4) spaces per 1,000 square feet of GFA for the floor area in excess of ten percent." SECTION 18. That subsection .032 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: it .032 Industrial Training Facilities: Eighty -two -hundredths (0.82) space per student or twenty (20) spaces per 1,000 square feet of GFA for instruction area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of GFA for office use." SECTION That subsection .010 of Section 18.06.060 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .010 Required Number and Size of Loading Spaces. .0101 Industrial Sites: Every industrial site, including those located contiguous to a public alley, shall be provided with at least one (1) off-street or off -alley loading space con- forming to Engineering Standard Detail No. 605 entitled 'Truck Dock Standard,' per twenty-five thousand (25,000) square feet of GFA or fraction thereof excluding any residences located on such site. .0102 Commercial Sites: Every commercial site over twenty-five thousand (25,000) square feet, including those located contiguous to a public alley, shall be provided with at least one (1) off-street or off -alley loading space con- forming to Engineering Standard Detail No. 605 entitled 'Truck Dock Standard,' per twenty-five thousand (25,000) square feet of GFA or fraction thereof excluding any residences located on such site." SECTION 20. That new subsection .015 be, and the same is hereby added to, Section 18.06.070 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code to read as follows: 9 " .015 No Lane in Landscape Setback. No drive-through or drive -up lane shall be located in any required landscape setback area." SECTION 21. That subsection .030 of Section 18.06.070 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .030 Lanes Without Separate Ordering Devices: Each drive-through lane which does not utilize a separately located ordering device shall have a minimum distance of one hundred sixty (160) feet for fast food uses, or one hundred (100) feet for uses other than fast food, between the start of said lane and the service window or area. Said distance shall be measured along the centerline of the prescribed vehicular path." SECTION 22. That subsection .040 of Section 18.06.070 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by deleting each reference to "City Traffic Engineer" and "Planning Director" and inserting in its place "City Traffic and Transportation Manager." SECTION 23. That the introductory paragraph of Section 18.06.080 of Chapter 18. 06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: it 18.06.080 VARIANCES FROM PROVISIONS OF CHAPTER. Except as otherwise expressly provided herein, variances from any of the requirements of this Chapter relating to the minimum number of required parking spaces shall be processed in accordance with the procedures set forth in Chapter 18.03 of this Code applicable to zone variances; provided, however that any petition for such variance shall be accompanied by a parking demand study prepared by an independent traffic engineer licensed by the State of California or such other study as approved by the City Traffic and Transportation Manager and provided to the City by the petitioner at petitioner's sole expense. Notwithstanding the requirements of Section 18.03.040 of this Code to 10 I the contrary, said variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: .010 That the variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; .020 That the granting of the variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim; and .030 That unless conditions to the contrary are imposed upon the grant of the variance by the Zoning Administrator, Planning Commission or City Council, the grant of the variance is contingent upon operation of the use in conformance with the assumptions relating to intensity of use in the parking demand study that formed the basis for review and approval of said waiver." SECTION 24. That subsection .050 of Section 18.31.066 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .050 The minimum turning radius of any vehicle accessway shall be in accordance with Engineering Standard Detail Nos. 601 or 602 entitled 'Minimum Off -Street Parking Dimensions;' provided, further, that all covered or enclosed residential parking spaces shall have a minimum clear horizontal access width of not less than nine (9) feet." SECTION 25. That subsection .061. of Section 18.32.066 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .061 The minimum turning radius of any vehicle accessway shall be in accordance with Engineering Standard Detail Nos. 601 or 602 entitled 'Minimum Off -Street Parking Dimensions'; provided, further, that all covered or enclosed residential parking spaces shall have a minimum clear horizontal access width of not less than nine (9) feet." 11 L SECTION 26. That subsection .061 of Section 18.34.066 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: If .061 The minimum turning radius of any vehicle accessway shall be in accordance with Standard Plans No. 601 or 602 entitled 'Minimum Off -Street Parking Dimensions;' provided, further, that all covered or enclosed residential parking spaces shall have a minimum clear horizontal access width of not less than nine (9) feet." SECTION 27. To the extent that any provision(s) of this ordinance would otherwise apply to the development of property and said provision(s) ("new regulations") contain restrictions or limitations on the development of property greater than the provisions which existed immediately prior to the time this ordinance became effective ("prior regulations"), said prior regulations shall continue to apply (and said new regulations shall not apply) to the construction, development or establishment of the following projects: 1. Any project (i) not otherwise subject to the provisions of this ordinance for which building plans were initially submitted to the City of Anaheim for plan check (the "initial plan check") prior to date of adoption of ordinance for purposes of obtaining building permit approval, and (ii) for which a building permit is (was) subsequently issued pursuant to either the initial plan check or any subsequent plan check for substantially similar building plans, and (iii) for which construction is commenced within one year following the date of issuance of said building permit; or 2. Any project (i) for which specific plans for development were finally approved by the Zoning Administrator, Planning Commission or City Council pursuant to a zone reclassification, conditional use permit or zone variance ("discretionary approval") prior to date of adoption of ordinance and (ii) for which a building permit is issued pursuant to and in accordance with such discretionary approval and (iii) for which construction is thereafter commenced and completed pursuant to and in accordance with said discretionary approval. 12 A SECTION 28. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 29. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 30. 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 2nd da of August , 1994. f MAY R OF THE ITY OF AHEIM ATTEST: ITY CLERK OF THE CITY OF ANAHEIM 5869.2\SMANN\June 20, 1994 13 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. 5437 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd 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. 5437 on the 3rd day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of August, 1994. I � �� - � r6- --2 : � � - 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 Ordirknnce No. 5437 and was published once in the North Orange County News on the 11th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM