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6459 ORDINANCE NO. 6 4 5 9 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.10 (INDUSTRIAL ZONES), 18.36 (TYPES OF USES), 18.38 (SUPPLEMENTAL USE REGULATIONS) AND 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1)) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO RECUPERATIVE CARE/MEDICAL RESPITE USES AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2018-00157) (SPECIFIC PLAN ADJUSTMENT NO. 2015-00001 G) (DEV2018-00137) WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution,the City Council of the City of Anaheim("City Council") has the authority to enact and enforce ordinances and regulations for the public peace,morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS,the City of Anaheim desires to amend the Zoning Code to clarify the location, separation, and approval process for Recuperative Care/Medical Respite Uses; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act(commencing with Section 15000 of Title 14 of the California Code of Regulations;herein referred to as the"State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the • requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1.That Table 10-A(Primary-Uses: Industrial Zone)of Chapter 18.10(Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right Table 10-A C=Conditional Use Permit Required PRIMARY USES: INDUSTRIAL M=Minor Conditional Use Permit Required ZONE N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage P/C Subject to Section 18.38.025 Manufacturing Alcoholic Beverage Sales—Off- Sale Alcoholic Beverage Sales—On- M/C Permitted with minor conditional use permit if accessory to a Sale primary restaurant use Ambulance Services P Animal Boarding p/C Conditional use permit not required if conducted completely indoors,subject to§ 18.38.270 Animal Grooming P/C Conditional use permit not required if conducted completely indoors,subject to§ 18.38.270 Permitted without a conditional use permit if designed similar to Antennas—Broadcasting P/C stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas—Telecommunications- T Subject to § 18.38.060 and§ 18.62.020 Stealth Building-Mounted Antennas—Telecommunications- T Subject to§ 18.38.060 Stealth Ground-Mounted Antennas—Telecommunications- Ground- Mounted(Non-Stealth) Automated Teller Machines (ATM's) Automotive—Vehicle Sales, C Subject to§ 18.38.200 Lease&Rental Automotive—Sales Agency Office(Retail) C Subject to§ 18.38.065 2 P=Permitted by Right Table 10-A C=Conditional Use Permit Required PRIMARY USES: INDUSTRIAL M=Minor Conditional Use Permit Required ZONE N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Subject to§§ 18.16.055 and 18.38.065.Minor conditional use Automotive—Sales Agency permit required for on-site storage,display or parking of one or Office(Wholesale) P/M/C two vehicles being held as inventory.Conditional use permit required for on-site storage,display or parking of three or more vehicles being held as inventory Automotive—Impound Yards C Subject to § 18.38.200 Automotive-Public Parking M Automotive—Parts Sales P/C Permitted without a conditional use permit if conducted entirely indoors Automotive—Repair& C Modification:Major Automotive—Repair& M Modification:Minor Automotive—Service Stations C Subject to § 18.38.070 Permitted for up to one year by minor conditional use permit, Automotive—Vehicle Storage M/C with optional one year extensions to permit the use for up to five years;conditional use permit required to permit the use for over five years. Automotive—Washing C Banquet Halls C Bars&Nightclubs C Billboards N Boat&RV Sales C Subject to§ 18.38.200 Not more than 30%of the outdoor area,excluding parking,shall Building Material Sales C be devoted to outdoor displays;subject to §§ 18.38.190 and 18.38.200 Business&Financial Services C Community&Religious C Assembly Dance&Fitness Studios— C Large Dance&Fitness Studios—Small M Day Care Centers C Permitted without a conditional use permit as an accessory use if Drive-Through Facilities C in conjunction with Business and Financial Services as the primary use Educational Institutions— M Business 3 P=Permitted by Right Table 10-A C=Conditional Use Permit Required PRIMARY USES: INDUSTRIAL M=Minor Conditional Use Permit Required ZONE N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Educational Institutions— General Educational Institutions— Subject to§ 18.36.040.050 Tutoring Emergency Shelters(50 or Subject to§ 18.38.125 fewer occupants) Emergency Shelters(more than C Subject to§ 18.38.125 50 occupants) Entertainment Venue C Equipment Rental—Large P/C Permitted without a conditional use permit if conducted entirely indoors subject to§ 18.38.200 Equipment Rental—Small P Helipads&Heliports C Hospitals C Hotels&Motels C Industry— P Industry—Heavy C Junkyards C Subject to§ 18.38.200 Medical&Dental Offices M Mortuaries C Offices—Development P Offices—General p Permitted without minor conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to§ 18.38.180 Subject to§ 18.38.200.Permitted without a conditional use permit if all storage is screened from view,otherwise a Outdoor Storage Yards P/C Conditional Use Permit is required.The Outdoor Storage of Oversized and Recreational Vehicles shall require a Conditional Use Permit. Personal Services—General C Laundromats are subject to§ 18.38.150 Personal Services—Restricted C Plant Nurseries p/C Subject to§ 18.38.190, 18.38.200 and 18.38.205;otherwise a Conditional Use Permit is required. Public Services P Recreation—Billiards C 4 P=Permitted by Right Table 10-A C=Conditional Use Permit Required PRIMARY USES: INDUSTRIAL M=Minor Conditional Use Permit Required ZONE N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Recreation—Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel,or bowling alley Recreation—Commercial C Outdoor Recreation—Low-Impact P Recreation—Swimming& Tennis Recuperative Care/Medical P/C Subject to§ 18.38.125 Respite Subject to Chapter 18.48. Small processing facilities under 4,000 Recycling Facilities P/C s.f.that conduct all work inside are allowed without a conditional use permit. Repair Services—General P Repair Services—Limited P Research&Development P Restaurants—Full Service N Restaurants—General Allowed without a conditional use permit when a part of an industrial complex of 5 or more units Restaurants—Outdoor Dining C Subject to§ 18.38.220 Retail Sales—General C Industrially-related only Retail Sales—Kiosks N Retail Sales—Outdoor C Subject to § 18.38.190 and 18.38.200 Self-Storage C Subject to City Council Policy No.7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios—Broadcasting P Studios—Recording P Towing Services P Transit Facilities C Truck Repair&Sales C Subject to§ 18.38.200 Utilities—Major C Utilities—Minor P Veterinary Services P Subject to§ 18.38.270 Warehousing&Storage— Enclosed Wholesaling P 5 SECTION 2. That Subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .180 "R"Use Classes. Recreation-Billiards. This use class consists of facilities containing pool or billiard tables provided for users other than the occupants/residents of the facility. Facilities that serve alcohol would also fall under the "Alcoholic Beverage Sales-On-Sale" land use category. Recreation-Commercial Indoor. This use class consists of recreational operations taking place fully within an enclosed structure. Typical uses include amusement arcades, bowling alleys, haunted houses,family fun centers,bounce houses and any other indoor amusement uses not listed elsewhere. Recreation-Commercial Outdoor. This use class consists of establishments providing amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart racing,horse stables, skate parks,water parks, and any other outdoor amusement or entertainment uses not listed elsewhere. Recreation-Low-Impact. This use class consists of low impact outdoor recreational uses. Typical uses include walking trails,bike paths,natural parks, interpretive facilities, and plazas. Recreation-Swimming & Tennis. This use class consists of outdoor swim clubs and tennis courts. Recuperative Care/Medical Respite. This use class consists of facilities that provide short- term care and case management to individuals who have been referred by or discharged from a government, community, or licensed medical facility. Recuperative Care/Medical Respite uses shall not allow walk-in clients. Said individuals shall be recovering from an acute illness or injury that generally does not necessitate hospitalization during recovery and whose conditions would be exacerbated by their living conditions (e.g., individuals are either homeless or at risk of being homeless, or have the absence of a caregiver, and have a medical condition requiring post-acute clinical care). These uses provide collaborative services such as case management, referrals, transportation, eligibility assistance,health education, environmental health risk reduction,health literacy, and outreach for homeless or those at risk of being homeless or have the absence of a caregiver, and allow such individuals the opportunity to rest and recover in a safe environment while accessing medical care and other supportive services for a finite length of time before transitioning from this type of use to the community or other supportive housing. Operators of Recuperative Care/Medical Respite uses may coordinate or administer medical care subject to State and/or Federal licensing requirements. Recycling Services-General. This use class consists of large-scale waste collection facilities as defined as a "Large Collection Facility" in Chapter 18.48 (Recycling Facilities). This classification does not include storage of topsoil for use under an approved quarry reclamation plan. 6 Recycling Services-Processing. This use class consists of a waste recycling "Processing Facility" as defined in Chapter 18.48 (Recycling Facilities). Repair Services-General. This use class consists of on-site repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or industrial equipment. Repair Services-Limited. This use class consists of on-site repair and incidental sales of supplies for consumer items, such as small household goods, shoes, clothing, watches, cameras and similar items, conducted within an enclosed building. Research & Development. This use class consists of the research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms. Restaurants-Full Service. This use class consists of establishments where food is prepared on the premises and food orders are customarily taken and served to patrons by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant or in an outdoor seating area, as defined in Chapter 18.92 of this code. Restaurants-General. This use class consists of establishments serving drinks and food prepared on-site. This use class includes drive-in, drive-through, fast food and quick-serve restaurants. Restaurants that convert to a bar or nightclub during a portion of their operating hours would be classified as an"Entertainment Venue" land use. Restaurants-Outdoor Dining. This use class consists of establishments serving drinks and foods,in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an accessory outdoor dining area. Retail Sales-General. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification,and which primarily sell specialized items, or are primarily oriented to a neighborhood and/or citywide customer base. All sales and storage are conducted completely within an enclosed building. This classification includes fortune-telling and stores selling clothing, hardware, art, books, flowers,jewelry, over- the-counter and/or prescription drugs, flooring, furniture and merchandise through the County of Orange Women, Infant and Children(W.I.C.)program(provided it is not in combination with any other use that requires a conditional use permit), as defined in Chapter 18.92 (Definitions). Retail Sales-Kiosks. This use class consists of establishments located within temporary or permanent freestanding structures having one or more open sides or openings,and operated for the purpose of the retail sale of food,drink or merchandise.All storage is conducted completely within the structure, and all sales are made from within the structure to the patron on the outside. 7 Retail Sales-Outdoor. This use class consists of establishments engaged in retail sale of goods or provision of services that require outdoor display of merchandise.This use class may be applied with another use class that allows sales only within an enclosed building. Typical uses include the sale of gardening tools and materials in conjunction with a home-improvement store. Retail Sales-Used Merchandise. This use class consists of establishments engaged in the retail sale of goods that have been previously owned by an actual or potential user of the goods. This use class includes the sale of reconditioned merchandise. All sales and storage are conducted completely within an enclosed building. Typical uses include consignment stores, antique stores, pawn shops, and used furniture and book stores. Room & Board. This use class consists of establishments, including boardinghouses with or without meals, providing living accommodations for guests, on a commercial basis, for typical stays of more than seven(7)consecutive nights,with no cooking facilities in the guest rooms. The total number of people living in the building,including permanent residents,live-in operators,and guests, shall not exceed fifteen (15) people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities are not included. (Ord. 5998 § 24; October 25, 2005: Ord. 6031 § 24; August 22, 2006: Ord. 6100 § 4; March 18, 2008: Ord. 6101 § 24; April 22, 2008.) SECTION 3. That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL RESPITE. An Emergency Shelter, as defined in Section 50801(e)of the California Health and Safety Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following provisions: .010 Location.An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite)may locate on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01)Zone. .020 Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is prohibited on parcels that meet any of the criteria below,unless approved through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter and/or Recuperative Care/Medical Respite use, 8 .0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, .0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. .030 Approval. The following shall be the approval process for an Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite): .0301 A single Emergency Shelter housing up to 50 occupants, a single Recuperative Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed 50 occupants, shall be a permitted use. .0302 The first 325 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council's adoption of Resolution No. 2018-118 ("Shelter Crisis") are permitted if approved by the City Manager,pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s). .0303 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. .0304 Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). .0305 The Separation, Facility and Operations Plan requirements of this Section 18.38.125(Emergency Shelters and Recuperative Care/Medical Respite)may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .040 Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall comply with Title 15 (Buildings and Housing)of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits)and subsection 18.38.125.060(Additional Findings Required): .0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. 9 .0402 Waiting area. A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .0403 Any outdoor storage, including,but not limited to,items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .0404 A minimum of one toilet shall be provided for every eight beds per gender. .0405 A minimum of one shower shall be provided for every eight beds per gender. .0406 A private shower and toilet facility shall be provided for each area designated for use by individual families. .0407 Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. .0408 The facility may provide the following services;however,these services shall be in a designated area separate from sleeping areas: .01 Indoor and outdoor recreation facilities. .02 A counseling center for job placement and/or educational, legal, or mental and physical health services. .03 Laundry facilities to serve the clients at the shelter. .04 Other similar facilities and services geared towards the needs of homeless clients. .050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): .0501 Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m.but may remain on the 10 premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. .0502 Maximum length of stay. A person's maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .0503 Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .0505 Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. .0506 Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .0507 Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .0508 Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .0509 Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .0510 Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region's current Homeless Management. Information System. .0511 Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. .0512 Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. .060 Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a 11 finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists: .0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time; .0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent,hinder,or delay the City's participation in the Homeless Emergency Aid Program established by Senate.Bill.850 (2017-2018 Reg. Sess.). and/or the mitigation of the effects of a Shelter Crisis. .070 Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be subject to the following requirements: .0701 Operator. The name of the Operator of the Recuperative Care/MedicalRespite use shall be provided along with a summary of the Operator's experience operating similar facilities: The Operator shall comply with all State.and/or Federal licensing requirements and the standards specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs, prepared by the National Health Care for the Homeless Council. A conditional use perrmitshall not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the time of application submittal. .0702 Operations Plan.An Operations Plan shall be submitted for'review and approval by the Planning and Building Director, or their designee, prior.to the operation of the Recuperative. Care/Medical Respite facility,or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director. .The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits): .01 Community, Government, or Licensed Medical Facility -Agreement. A. . Memorandum of Understanding(MOU) or other written:agreement with a local area community, government, or licensed medical facility that establishes a reciprocal relationship for referring and. admitting patients between the medical facility and the Recuperative Care/Medical Respite facility. .02 Access to Oxygen. A description of the Recuperative Care/Medical Respite facility's access to oxygen and plan for providing oxygen to occupants of the facility. - .03 Staffing Levels. A detailed description of the number and type of employees and contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility. .0703 Client Eligibility.The Operator shall provide short-term care and case management to individuals who are homeless or at risk of being homeless who have been referred by Or discharged from a government, community or licensed medical facility, and who are recovering 12 from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the Recuperative Care/Medical Respite use by the referring agency, Operator or family members. No "walk-in" clients shall be accepted at the facility. .0704 Six(6)Month Review. Recuperative Care/Medical Respite uses shall be subject to a six (6)month review, commencing from the date of occupancy of a facility, as follows: .01 Up to fifty(50) occupants. Facilities with up to fifty(50) occupants shall be subject to review by the Planning and Building Director. Surrounding properties within a 500-foot radius of the subject property shall be notified ten (10) days advance of the Planning Director's review. Future compliance reviews may be required if significant violations are identified. The applicant shall pay for the cost of staff's processing of the review. The Planning and Building Director may refer applications for facilities with up to fifty (50) occupants to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews). .02 Over fifty (50) occupants. Facilities with over fifty (50) occupants shall subject to review by the Planning Commission. Planning and Building Department staff shall submit to the Planning Commission a "Reports and Recommendations" (R&R) item in order to verify that an approved Recuperative Care/Medical Respite use is operating withoutnegative impacts to the surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing the R&R item. Future compliance reviews may be required if significant violations are identified or if required by the Planning Commission. Additional conditions of approval may be added as determined appropriate. SECTION 4. That Table 120-B (Primary-Uses by Development Areas: Non-residential Use Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Agricultural Crops P P N P P P Alcoholic Beverage P/C P/C P/C P/C P/C C Subject to Section 18.38.025 Manufacturing Alcoholic Permitted without a conditional use Beverage Sales— N N P/C P/C P/C N permit in DA 3,DA 4 and DA 5 if use Off-Sale is in conjunction with Markets—Large Alcoholic Permitted without a conditional use Beverage Sales— P/C P/C P/C P/C P/C P/C permit when in conjunction with On-Sale Restaurants—Full-Service,Restaurants- 13 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions General and Restaurants—Outdoor Dining Ambulance P NNC C Services Permitted without a conditional use Animal Boarding P/C P/C P/C P/C P/C P/C permit when conducted entirely indoors subject to Section 18.38.270 Permitted without a conditional use Animal Grooming P/C P/C P/C P/C P/C P/C permit when conducted entirely indoors subject to Section 18.38.270 Permitted without a conditional use Antennas— P/C P/C P/C P/C P/C P/C permit if designed similar to stealth Broadcasting telecommunications facility,as defined in Section 18.38.060.030.0312 Antennas—Private T T T T T T Transmitting Antennas— Telecommunicatio T T T T T T Subject to ns—Stealth Sections 18.38.060& 18.62.020 Building-Mounted Antennas— Telecommunicatio T T T T T T Subject to Section 18.36.060 ns—Stealth Ground-Mounted Antennas— Telecommunicatio ns—Ground- NNNNNN Mounted(Non- Stealth) Automated Teller Machines P P P P P P Subject to Section 18.36.040 (ATM's) Automotive— Vehicle Sales, C C CNCN Subject to Section 18.38.200 Lease&Rental Automotive—Sales Agency Office C C C C C N Subject to Section 18.38.065 (Retail) 14 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Subject to Section 18.16.055and Section 18.38.065.Minor conditional use permit required for on-site storage, Automotive—Sales P/M/ P/M/ P/M/ P/M/ P/M/ P/M/ display or parking of one or two Agency Office CCCCC C vehicles being held as inventory. (Wholesale) Conditional use permit required for on- site storage,display or parking of three or more vehicles being held as inventory Automotive— C CNNNN Subject to Section 18.38.200 Impound Yards Automotive— P P P P P P Public Parking Automotive—Parts Permitted without a conditional use Sales P/C P/C N P/C P/C N permit when conducted entirely indoors Automotive— Repair and C CNC CN Modification: Major Automotive— Repair and MMN MMN Modification: Minor Automotive— Subject to Section 18.38.070;In DA-3, Service Stations P P C P P N must be adjacent on to both La Palma and Tustin Avenues Automotive— C C C C C C Washing Banquet Halls CCCCC C Bars&Nightclubs NNC C CN Bed&Breakfasts NNC C CN Subject to Section 18.38.080 Inns Beekeeping C CNNNC Billboards NNNNNN Boat&RV Sales C CNN CN Subject to Section 18.38.200 Building Material C CNN CN No more than 30%of the outdoor area, Sales excluding parking,shall be devoted to 15 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions outdoor displays;subject to Sections 18.38.190 and 18.38.200 Business& P P P P P N Financial Services Cemeteries N N N N N N Commercial Retail Subject to Section 18.38.115; Centers N N P/C P/C P/C N otherwise,a conditional use permit is required. Community& Permitted in DA-1 pursuant to Religious N N C C C N Conditional Use Permit No.2016- Assembly 05874. Computer Internet &Amusement N N N N N N Facilities Convalescent& N N C C C N Rest Homes Convenience Subject to Section 18.38.110; Stores N N P P P N otherwise,a conditional use permit is required. Dance&Fitness N N P P P N Studios—Large Dance&Fitness N N P P P N Studios—Small Permitted without a conditional use permit in DA-1,DA-2 and DA-3 if Day Care Centers P/C P/C P/C P P N integrated within a multi-tenant office building as an accessory use to serve office tenants. Permitted without a conditional use Drive-Through permit as an accessory use if in Facilities N N P/C P/C P/C N conjunction with Business and Financial Services as the primary use Educational Institutions— P P P P P N Business Educational Institutions— N N C C C N General 16 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Educational Institutions— N N P P P N Subject to Section 18.36.040.050 Tutoring Emergency Shelters(50 of P P NNNN Subject to Section 18.38.125 fewer occupants) Emergency Shelters(more C C NNNN Subject to Section 18.38.125 than 50 occupants) Entertainment N N C C C N Venue Permitted without a conditional use Equipmentp/C P/C N P/C P/C N permit if use is conducted wholly Rental—Large indoors including storage and display of equipment Permitted without a conditional use Equipmentp/C P/C P/C P/C P/C N permit if use is conducted wholly Rental—Small indoors including storage and display of equipment Golf Courses& NNNNN C Country Clubs Group Care NNC C C N Subject to Section 18.36.040.070 Facilities Helipads& Requires a conditional use permit in Heliports P/C P NNCN DA-1 if the use is located within 1,000 feet from a residentially-zoned parcel Hospitals C CNNCN Hotels&Motels NNCNCN Industry P P NNNC Industry—Heavy P P NNNC Junkyards C C NNNN Subject to Section 18.38.200 Markets—Large N N P P P N Subject to Section 18.38.155; Markets—Small N N P/C P/C P/C N otherwise,a conditional use permit is required Medical&Dental M M P P P N Offices 17 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Mortuaries C C N N N N Offices— P P P P P N Development Offices—General P P P P P N Oil Production C C N N N N Subject to Section 18.38.180 Permitted without a conditional use Outdoor Storage permit if all storage is screened from Yds P/C P/C N N N N view;subject to Section 18.38.200, otherwise a Conditional Use Permit is required. Laundromats are subject to Personal Services— Section 18.38.150;otherwise,a General N P/C P/C P/C N conditional use permit is required. Massage subject to Section 18.16.070 Personal Services— N N C C C N Restricted Subject to Plant Nurseries P/C P/C N P/C P/C P/C Sections 18.38.190, 18.38.200 and 18.3 8.205;otherwise,a conditional use permit is required. Public Services P P C C C N Recreation— Subject to Section 18.38.085; Billiards N P/C P/C P/C N otherwise,a conditional use permit is required. Recreation— Amusement arcades are allowed only Commercial N N C P P N in conjunction with a hotel,motel,or a Indoor bowling alley Recreation— Commercial N N C C C C Outdoor Recreation—Low- P P P P P P Impact Recreation— Permitted without a conditional use Swimming& N N P/C P/C P/C P/C permit if use is conducted wholly Tennis indoors Recuperative Care/Medical P/C P/C N N N N Subject to Section 18.38.125 Respite 18 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Recycling C P NNN C Subject to Chapter 18.48 Services—General Subject to Chapter 18.48. Small Recycling processing facilities under 4,000 s.f. Services— P/C P NNN P/C that conduct all work inside are Processing allowed in DA-1 and DA-6 without a conditional use permit Repair Services— P P P P P N General Repair Services— P P P P P N Limited Research& P P P P P P Development Restaurants—Full N N P P P N Service Restaurants— Permitted without a conditional use General C C P P P C permit when a part of an industrial or office complex of 5 or more units Restaurants— C C P P P C Subject to Section 18.38.220 Outdoor Dining Permitted by conditional use permit in DA-1 &DA-2 only if the retail is Retail Sales— C/N C/N P P P N industrially-related or household General furniture occupying a minimum of 50,000 square feet of building floor area. Retail Sales— N N M M M C Kiosks Retail Sales— N N C C C C Subject to Outdoor Sections 18.38.190 and 18.38.200 Retail Sales—Used N N P P P N Merchandise Room&Board NN CNNN Self-Storage C CNNNN Subject to Council Policy No. 7.2 Sex-Oriented P P NNNN Subject to Chapter 18.54 Businesses 19 P=Permitted by Right Table 120-B C=Conditional Use Permit Required PRIMARY USES BY DEVELOPMENT M=Minor Conditional Use Permit Required AREA:NON-RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Subject to Section 18.16.080; Smoking Lounge N N P/C P/C P/C N otherwise,conditional use permit is required. Studios— Permitted without a conditional use Broadcasting P/C P/C P/C P/C P/C N permit if there is no live audience. Studios—Recording P/C P/C P/C P/C P/C N Permitted without a conditional use permit if there is no live audience. Towing Services P P N N N N Transit Facilities C C P C C N Truck Repair& P p N N C N Subject to Section 18.38.200 Sales Utilities—Major C C C C C C Payphones must be located on the Utilities—Minor P p p p p P interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary P/C P/C P/C P/C P/C P/C Subject to 18.38.270;otherwise,a Services conditional use permit is required. Warehousing& P p N N P C Storage-Enclosed Wholesaling P P N N P C Wine Bars N N C C C N SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one(or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. • 20 SECTION 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation,published and circulated in the City of Anaheim. SECTION 7. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty(30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 9thday of February , 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of March , 2019,by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES:None ABSENT:None ABSTAIN: None CITY OF By: / /1�/ m• ,,O �O T CI `° O.' AN• EIM ATTEST: RK OF E CITY OF ANAHEIM 130911v1 21 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6459 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of February, 2019, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of March, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th of March, 2019. CITY CLERK OF T E CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011244902 714-796-2209 5190168 SUMMARY PUBLICATION CITY OF ANAHEIM ANAHEIM,CITY OF/CLERKS OFF ORDINANCE NO.6459 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.10 (INDUSTRIAL ZONES), 18.36 (TYPES OF USES),18.38(SUP- PLEMENTAL USE REGULATIONS) AND 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP2015.1))OF TITLE 18(ZONING) OF THE ANAHEIM MUNICIPAL CODE RE- LATING TO RECUPERATIVE CARE/MEDI- CAL RESPITE USES AND FINDING AND DETERMINING THAT THIS ORDINANCE IS PREPARE FROM ITIONALEENVIRONMENTAL AFFIDAVIT OF PUBLICATION DOCUMENTATIONONTL QUALITY PERACT BECAUSE STATE OF CALIFORNIA, TUIWILL NOTLINES,SRESlOLT INN0(AC)DIRECT OR REASONABLY FORESEEABLE INDIRECT SS. PHYSICAL CHANGE IN THE ENVIRONMENT. County of Orange This ordinance amends various provisions of Title 18(Zoning) of the Anaheim Municipal Code to provide a location,permitting and opera- tional requirements for Recuperative Care/Medical Respite uses, which is defined to be a use of property to provide short-term care to individuals recovering from an acute illness or iniury that would be I am a citizen of the United States and a resident of the further exacerbated because the individual is homeless,at risk of be- County aforesaid; I am over the age of eighteen years, and log homeless,or have the absence of a caregiver. not a party to or interested in the above-entitled matter. I I, Theresa Bass, City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No.6459, which ordi- am the principal clerk of the Anaheim Bulletin, a nance was introduced at a regular meeting of the City Council of the newspaper that has been adjudged to be a newspaper of City of Anaheim on the 19th day of February( 2019 and was duly 1 9passed and adopted at a regular meeting of said Council on the 5th ' eneral circulation b the Su erior Court of the Count of day of March, 2019 by the following roll call vote of the members g y p y thereof: Orange, State of California, on December 28, 1951, Case AYES: Mayor Sidhu,Council Members Kring,Barnes, No. A-21021 in and for the City of Anaheim, County of Brandman,Moreno,Faessel,and O'Neil Orange, State of California; that the notice, of which the NOES: None annexed is a true printed copy, has been published in ABSENT: None each regular and entire issue of said newspaper and not in ABSTAIN: None • any supplement thereof on the following dates, to wit: The above summary is a brief description of the subject matter con tained in the text of Ordinance No.6459,which has been prepared 03I14/2019 pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714)765-5166,between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. I certify(or declare) under the penalty of perjury under the Published in:Anaheim Bulletin March 14,2019 1244902 laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 14, 2019. r\- 4�1 4 nature CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6459 and was published in the Anaheim Bulletin on the 14th day of March, 2019, pursuant to Section 512 of the City Charter of the City of Anaheim. CLERK F THE CITY OF ANAHEIM (SEAL)