PC 2010/01/04H:\TOOLS\PC Admin\PC Agendas\(10410).doc
City of Anaheim
Planning Commission
Agenda
Monday, January 4, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairman: Panky Romero
• Chairman Pro-Tempore: Stephen Faessel
• Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa,
Joseph Karaki, Victoria Ramirez
• Call To Order - 3:30 p.m.
• Pledge Of Allegiance
• Public Comments
• Consent Calendar
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
• Workshop - Alcoholic Beverage Control – To be rescheduled for a later date
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim website www.anaheim.net/planning on Wednesday,
December 30, 2009, after 5:00 p.m. Any writings or documents provided to a majority of
the Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
1/04/10
Page 2 of 6
Anaheim Planning Commission Agenda - 3:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff, or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Minutes
ITEM 1A
Receiving and approving the Minutes from the Planning
Commission Meeting of December 7, 2009. These minutes
have been provided to the Planning Commission and are
available for review at the Planning Department.
Motion
Public Hearing Items:
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 3600 (DEV2009-00067)
Owner: Jack Jakowsky
Canyon Plaza LLC
503 - 32nd Street, Suite 200
Newport Beach, CA 92663
Applicant: Yves Masquefa
Yves Bistro
5753 East Santa Ana Canyon Road
Anaheim, CA 92807
Location: 5753 East Santa Ana Canyon Road
The applicant proposes to amend a previously-approved
conditional use permit by deleting a condition of approval
pertaining to live entertainment and upgrading a beer and
wine license to full alcohol for an existing full service
restaurant (Yves Bistro).
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Class 1,
Existing Facilities.
Resolution No. 2010-001
Project Planner:
David See
dsee@anaheim.net
1/04/10
Page 3 of 6
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2009-05469
(DEV2009-00072)
Owner: Kyong Su Kim
John K. Management LLC
5557 East Santa Ana Canyon Road, Suite 201
Anaheim, CA 92807
Applicant: Joe and Debbie Scott
Scott Construction
9892 Frederick Circle
Huntington Beach, CA 92646
Location: 5557 East Santa Ana Canyon Road (Suite
103)
The applicant proposes to permit veterinary services in an
existing commercial center.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Class 1,
Existing Facilities.
Resolution No. 2010-002
Project Planner:
Della Herrick
dherrick@anaheim.net
1/04/10
Page 4 of 6
ITEM NO. 4
ZONING CODE AMENDMENT NO. 2009-00087*
(DEV2009-00093)
Applicant: City of Anaheim Planning Department
Location: Citywide
This is a City-initiated request to add a new Section
18.38.135 to Title 18 (Zoning Code) establishing
requirements pertaining to a Festival Permit; a new type of
permit intended to regulate and coordinate permits for
events or other functions expected to draw a total of thirty-
five thousand or more persons at two or more City venues.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per Section 21080
of the California Public Resources Code (Statutory
Exemption).
*Advertised as Zoning Code Amendment No. 2009-00093
Motion
Project Planner:
Susan Kim
skim@anaheim.net
Adjourn to Wednesday, January 20, 2010 at 3:30 p.m.
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CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
12:30 p.m. December 30, 2009_
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
If you challenge any one of these City of Anaheim decisions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in a written correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10
days after Planning Commission action unless a timely appeal is filed during that time.
This appeal shall be made in written form to the City Clerk, accompanied by an appeal
fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Thursday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
1/04/10
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S C H E D U L E
2010
January 20 (Wednesday)
February 1
February 17 (Wednesday)
March 1
March 15
March 29
April 12
April 26
May 10
May 24
June 7
June 21
July 7 (Wednesday)
July 19
August 2
August 16
August 30
September 13
September 27
October 11
October 25
November 8
November 22
December 6
December 20
C-G (SC)
DEV2009-00067
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C-G (SC)
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AUTO DEALERSHIP
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ANAHEIM HILLS
RS-2 (SC)
SFR
RS-2 (SC)
SFR
C-G (SC)
RETAIL
C-G (SC)
RETAIL
C-G (SC)
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108835753 East Santa Ana Canyon Road A
DEV2009-00067
Subject Property
APN: 358-191-12
ATTACHMENT NO. 1
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108835753 East Santa Ana Canyon Road A
DEV2009-00067
Subject Property
APN: 358-191-12
ATTACHMENT NO. 1
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[DRAFT] ATTACHMENT NO. 2
- 1 - PC2010-001
RESOLUTION NO. PC2010-001
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 3600 AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION NO. ZA93 -32
(TRACKING NOS. CUP3600A AND DEV2009-00067)
(5753-A EAST SANTA ANA CANYON ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
an amendment to Conditional Use Permit No. 3600, to amend a previously-approved conditional use
permit by deleting a condition of approval pertaining to live entertainment and upgrading a beer and
wine license to alcoholic beverages for an existing full service restaurant, pursuant to Code Section
No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the City of
Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and
incorporated herein by this reference;
WHEREAS, on April 29, 1993, the Zoning Administrator adopted Resolution No.
ZA93 -32 approving Conditional Use Permit No. 3600 to permit a semi-enclosed restaurant with the
sale of beer and wine for on-premises consumption within an existing commercial center with fewer
parking spaces than required by Code, to include the following condition of approval:
“11 That there shall be no live entertainment, amplified music or dancing permitted on subject
premises at any time.”
WHEREAS, on July 31, 1997, the Zoning Administrator adopted Resolution No. ZA97-
16 approving an amendment to this permit to expand the semi-enclosed dining area; and
WHEREAS, this property is currently developed with a commercial shopping center in
the General Commercial, Scenic Corridor Overlay (C-G; SC) zone. The General Plan designates
this property for Neighborhood Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 4, 2010, at 3:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed
amendment and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. The existing and proposed uses are properly one for which a conditional use permit is
authorized by the Zoning Code.
- 2 - PC2010-001
2. The proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located as the existing full service restaurant has been
operating in conformance with all conditions of approval and there are no outstanding Code
Enforcement violations associated with the subject restaurant.
3. The size and shape of the site for the restaurant use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the property is large enough to accommodate all commercial uses on the site.
4. The traffic generated by the restaurant use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the property is large
enough to accommodate the restaurant and all adjacent commercial uses on the site.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment of
Conditional Use Permit No. 3600 to delete a condition of approval pertaining to live entertainment
and upgrade a beer and wine license to alcoholic beverages for an existing full service restaurant for
the property located at 5753-A East Santa Ana Canyon Road, as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Zoning Administrator
Resolution No. ZA93-32, adopted in connection with Conditional Use Permit No. 3600, to delete a
condition of approval pertaining to live entertainment and upgrade a beer and wine license to
alcoholic beverages for an existing full service restaurant and to read as shown in Exhibit “B”
attached hereto and incorporated herein by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health and
safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
duration of the use.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. ZA93-32, approving Conditional Use Permit No. 3600, shall remain in
full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
- 3 - PC2010-001
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of January 4, 2010.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on January 4, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2010-001
- 5 - PC2010-001
EXHIBIT “B”
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3600
(TRACKING NOS. CUP3600A AND DEV2009-00067)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1 Trash storage areas shall be provided and maintained in a location
acceptable to the Public Works Department and in accordance with
approved plans on file with said Department. Said storage areas shall be
designed, located and screened so as not to be readily identifiable from
adjacent streets or highways.
Code Enforcement
2 The parking lot of the premises shall be equipped with lighting of a
minimum one foot candle power to illuminate and make easily
discernible the appearance and conduct of all persons on or about the
parking lot. Additionally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
Police
3 The applicant shall be responsible for maintaining the area adjacent to
the premises over which they have control, in an orderly fashion through
the provision of regular maintenance and removal of trash or debris.
Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
Code Enforcement
4 The alcoholic beverage sales authorized by this resolution shall occur
only in conjunction with a bona fide eating place (restaurant). The
premises shall maintain suitable kitchen facilities and shall provide
actual and substantial sales of meals for consumption on the premises.
Police
5 Food service consisting of meals shall be available until closing time on
each day of operation.
Police
6 The subject alcoholic beverage license shall not be exchanged for a
‘public premises’ type ABC license nor shall the business be operated as
a public premises.
Police
7 The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food or other food-related commodities during the same
time period.
Police
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8 There shall be no exterior advertising of any kind or type on the
building, including advertising directed to the exterior of the building
from within, promoting or indicating the availability of alcoholic
beverages.
Police
9 There shall be no pool tables or coin-operated games maintained on
subject premises at any time.
Police
10 There shall be no service or consumption of alcoholic beverages outside
the building except in the fenced-in outdoor dining area.
Police
11 The outside dining area shall be accessible only from the building
except for emergency exiting required and approved by the City Fire
Department. Any emergency exits from the outside dining area shall
not normally be open.
Police
12 Within a period of three (3) years from the date of this resolution, the
appropriate ABC license shall be obtained for the sales of full alcohol
authorized by this resolution and the use allowed by this permit shall be
established.
Planning
13 The property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department marked
Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein.
Planning
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
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108865557 East Santa Ana Canyon Road
DEV2009-00072
Subject Property
APN: 358-051-07
ATTACHMENT NO. 1
ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.°0 50 100
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N I M P E R I A L H W Y
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APN: 358-051-07
ATTACHMENT NO. 1
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[DRAFT] ATTACHMENT NO. 2
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RESOLUTION NO. PC2009-002
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05469
(DEV2009-00072)
(5557 EAST SANTA ANA CANYON ROAD SUITE 103)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05469, to permit veterinary services within an
existing commercial center for certain real property situated in the City of Anaheim, County of
Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by
this reference.
WHEREAS, this property is developed with a commercial center located in
the General Commercial (C-G) zone and the Anaheim General Plan designates the property
for neighborhood center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 4, 2010, at 3:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit veterinary services in the General Commercial (C-G) zone
is properly one for which a conditional use permit is authorized under Code Section
18.08.030.040.0402 (Veterinary Services) of the Anaheim Municipal Code.
2. The operation of the veterinary clinic will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located because the
use is entirely within an existing building with no outside activities and it is compatible with
existing commercial uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety because this use will be located within an existing tenant space of an
established commercial center.
4. The traffic generated by the veterinary services will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because a
- 2 - PC2010-002
total of 271 parking spaces are provided for the commercial center including the veterinary clinic
and the demand for parking for this use is the same as uses permitted in the commercial zone.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in
the area and activities would occur entirely within the existing tenant space.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009-05469 subject to the
conditions of approval described in Exhibit “B” attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
- 3 - PC2010-002
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 4, 2010.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on January 4, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2010-002
- 6 - PC2010-002
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2009-05469
(DEV2009-00072)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
PRIOR TO COMMENCEMENT OF THE BUSINESS
1 The business shall be equipped with an alarm system (silent or
audible).
Police Department
2 Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: http://www.anaheim.net/article.asp?id=678
Police Department
3 Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be illuminated during
hours of darkness.
Police Department
4 Rear entrance doors shall be numbered in the same address
numbers or suite number of the business. Minimum height of
4” recommended.
Police Department
5 All exterior doors to have adequate security hardware, e.g.
deadbolt locks. The locks shall be so constructed that both the
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob/lever/turn piece
Police Department
6 All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
Police Department
7 File Emergency Listing Card, Form APD-281, with the Police
Department, available at the Police Department front counter,
or it can be downloaded from the following web site:
http://www.anaheim,net/article.asp?id=678.
Police Department
8 Mechanical equipment designed to reduce odor emissions from
the interior space shall be installed for this tenant space and
screened from view. Such information shall be shown on plans
submitted for building permits.
Planning
- 7 - PC2010-002
GENERAL
9 The following operating conditions shall be adhered to in order
to maintain cleanliness of Family Pet Clinic and surrounding
parking areas.
• A sign shall be posted in the lobby asking clients to advise
a staff member of any animal waste outdoors so that it can
be properly removed and cleaned. Doggie poop bags will
be available at all times for clients use.
• All cats shall be transported to and from the clinic in a pet
carrier and dogs shall be on a leash.
• All patients shall wait indoors.
• All animal holding rooms shall be sound insulated in all
walls and ceiling. The demising wall shall be sound
insulated and the ceiling throughout the tenant space shall
be sound insulated.
Code Enforcement
10 Within a period of three (3) years from the date of this
resolution, the appropriate permit(s) shall be obtained from the
City of Anaheim and the use allowed by this permit shall be
established.
Planning
11 The property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No.1 (Site Plan) and Exhibit No. 2
(Floor Plan) and as conditioned herein.
Planning
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
[DRAFT] ATTACHMENT NO. 1
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SECTION 18.38.135 TO CHAPTER 18.38 OF TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO FESTIVAL PERMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1
.
That new Section 18.38.135 be, and the same is hereby, added to Chapter 18.38 of
Title 18 of the Anaheim Municipal Code to read as follows:
“18.38.135 FESTIVAL PERMIT.
.010 Intent and Purpose. The Festival Permit is intended to regulate temporary uses,
activities, events and signs related to large-scale events or functions held or conducted within the
Festival Districts, and to coordinate permits typically associated with this type of event or
function including, but not limited to, Parades, Carnivals, Fireworks, Commercial Filming and
Special Events. The purpose of the Festival Permit is to engage in a comprehensive review of
such large-scale events or functions to ensure that they enhance the aesthetic appeal of the City
and do not create an adverse impact upon the City’s public health, safety and welfare, or the
physical environment in areas in which the City has expended significant resources to enhance
tourism and the visitor experience and which are characterized by high traffic and periodic
influxes of large numbers of persons.
.020 Definitions.
Notwithstanding definitions set forth elsewhere in the Anaheim Municipal Code, the
words, terms and phrases set forth in this section shall have the following meanings:
.0201 Applicant. Any person or legal entity requesting a Festival Permit.
.0202 City Venue. The Anaheim Convention Center, the Honda Center and Angel
Stadium of Anaheim.
.0203 Departmental Service Charges. The actual costs which the City incurs in
connection with events or activities for which a Festival Permit is required under this section,
including, but not limited to, costs associated with police, fire, public safety, code enforcement,
traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting
of traffic, the salaries of City personnel involved in administration or coordination of City
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services for the Festival and the cost to the City to provide support personnel, equipment,
materials and supplies for Festival events and activities.
.0204 Designated Solicitation Areas. The areas designated for commercial solicitation
and distribution of Promotional Materials set forth in the Festival Permit.
.0205 Festival. An event or other function that is expected to draw a total of thirty-five
thousand (35,000) or more persons to two or more City Venues within the Festival Districts, for
two or more public event days and will generate a peak hotel room block, within the City of
Anaheim, of at least five hundred (500) rooms.
.0206 Festival Period. (xx) day or days before the first Festival event or activity to and
including (xx) day or days after the last Festival event or activity.
.0207 Festival Districts. Those areas indicated in Exhibit A of City Council Resolution
No. ________, adopted on______________, and as may be amended from time to time
thereafter.
.0208 Promotional Material. Any promotional good or service, gift, merchandise,
sample, product giveaway, device or written material, including any Handbill, as defined in
section 7.24.010 of the Anaheim Municipal Code. The definition of “Promotional Materials”
shall not include any noncommercial communication for a noncommercial purpose.
.0209 Parade. Any march, demonstration, procession, run, motorcade or promenade
consisting of twenty or more persons, animals or vehicles, or a combination thereof, having a
common purpose, design, destination or goal, and taking place upon any Public Property and
which does not comply with normal and usual traffic regulations or controls.
.0210 Public Property. Any real property or interest therein, dedicated to or owned,
leased, operated, or otherwise controlled by the City of Anaheim including, but not limited to,
streets, alleys, parkways, sidewalks, City Venues and the parking lots for City Venues.
.0211 Solicitor. Every person, whether or not a resident of the City of Anaheim,
traveling by foot, vehicle or other type of conveyance, from place to place or from door to door
or at any temporary, stationary location on Public Property, and carrying, displaying, conveying,
transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products,
fruit, farm produce or any services, or making sales and delivering articles thus sold to a
purchaser thereof. The definition of “Solicitor” shall not include any person that is engaging in
any noncommercial solicitation for a noncommercial purpose.
.0212 Sponsor. Any person or entity that funds, manages, promotes, organizes or
provides backing for the Festival.
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.030 Permit Required.
.0301 It shall be unlawful for any person or entity to hold, conduct or operate, within
the Festival Districts, a Festival without having a valid permit issued pursuant to the provisions
of this section 18.38.135.
.0302 The holding or conducting of any event or activity subject to the provisions of
this section without a valid permit issued therefore, pursuant to the provisions of this section, is
declared a public nuisance.
.0303 A Festival Permit may be issued for any Festival within the Festival Districts
indicated in Exhibit A of City Council Resolution No. ________, adopted on______________,
and as may be amended from time to time thereafter.
.040 Permitted Uses, Events and Activities. The temporary uses, events, and activities
permitted in the Festival Districts designated in an approved Festival Permit are in addition to
those uses, events, and activities authorized by the Anaheim Municipal Code or otherwise
permitted by a land use approval, and may supersede the uses conditionally permitted or
prohibited on a particular parcel as set forth in this section and the Festival Permit. The
Applicant shall be authorized to hold or conduct the following uses, events and activities in the
designated Festival Districts subject to an approved or conditionally approved Festival Permit in
accordance with the requirements of this section 18.38.135. For uses, events, and activities that
otherwise require a separate permitting process (i.e., parades, carnivals, fireworks, commercial
filming and special events), the approval of these uses, events and activities will be reviewed,
considered and approved as part of the comprehensive Festival Permit.
.0401 Parades. Parades shall be permitted subject to the requirements of Chapter 14.24
(Pedestrians and Parades) of the Anaheim Municipal Code.
.0402 Concerts.
.0403 Re-sale of Tickets. The re-sale of tickets shall only be permitted for public
events to be held or conducted at the Honda Center and Angel Stadium of Anaheim. The
proposed location and hours of operation for the re-sale of tickets shall be subject to approval by
the City as part of the Festival Permit. This area shall be shown on the site plan and the security
plan.
.0404 Off-site Advertising. Off-site advertising, including, but not limited to, the
distribution of Promotional Materials for the Festival shall be permitted subject to the
requirements of subsection 18.38.135.050 (Permitted Temporary Signs and Advertising).
.0405 Fireworks and Open Flame Devices. Fireworks and open flame devices shall be
permitted subject to the requirements of Chapters 6.40 (Fireworks) and 6.41 (Public Displays of
Fireworks and Open Flame Devices) of the Anaheim Municipal Code.
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.0406 Live Animals. Live animals shall be permitted subject to the requirements of
Title 8 (Animals) of the Anaheim Municipal Code.
.0407 Commercial Filming. Commercial filming shall be permitted subject to the
requirements of Chapter 4.03 (Commercial Filming) of the Anaheim Municipal Code.
.0408 Use of Vacant Lots. All areas or parcels of land used for any Festival use, event
or activity, including off-street parking areas, shall be either paved with a permanent paving
material, such as cement concrete or asphaltic concrete, or be treated with some type of
temporary ground cover such as wood chips or gravel to inhibit dust. No property shall be used
without the written consent of the property owner.
.0409 Tents.
.0410 Solicitation. Commercial solicitation shall only be permitted as expressly
authorized within the Designated Solicitation Areas set forth in an approved Festival Permit.
Solicitors shall be subject to the requirements of Chapter 4.52 (Solicitors and Peddlers), Chapter
14.30 (Solicitation of Vehicle Occupants), and Section 14.32.310 (Sales of Goods or
Merchandise by Vehicle) of the Anaheim Municipal Code.
.0411 Amplified Sound. Any sound-amplifying equipment within the Festival
Districts, in a fixed or movable position, or mounted upon any vehicle, shall be operated in
compliance with the requirements of Chapters 6.70 (Sound Pressure Levels) and 6.72 (Amplified
Sound) of the Anaheim Municipal Code.
.0412 Alcohol Sales and Consumption. All alcohol sales and consumption shall
comply with all State requirements, including all required permits, and be in compliance with the
requirements of Chapters 7.16 (Disorderly Conduct) and 11.08 (Conduct on Public Property) of
the Anaheim Municipal Code.
.0413 Off-Site Parking. Parking for uses that are not on the same parcel as the parking
lot or structure shall be permitted subject to the requirements of Chapter 18.42 (Parking and
Loading) of the Anaheim Municipal Code.
.0414 Street Closures. All street closures shall be approved by the Chief of Police as
part of the Festival Permit.
.050 Permitted Temporary Signs and Advertising. All advertising shall be subject to the
taxes set forth in Chapter 3.20 (Advertising) of the Anaheim Municipal Code. The temporary
signs and advertising permitted in the Festival Districts designated in an approved Festival
Permit are in addition to those signs and advertising authorized by the Anaheim Municipal Code
or otherwise permitted by a land use approval, and may supersede the uses conditionally
permitted or prohibited on a particular parcel as set forth in this section and the Festival Permit.
The following temporary signs and advertising shall be permitted, as part of a coordinated sign
program, subject to an approved or conditionally approved Festival Permit in accordance with
5
the requirements of this section 18.38.135. All permitted temporary signs and advertising shall
be removed within seventy-two (72) hours of the last Festival event or activity, unless a different
time period is specified in the Festival Permit for the removal of temporary signs and advertising.
.0501 Banners. Temporary banners, including wall banners, banners on light poles,
banners across streets, that are a part of a coordinated sign program for the Festival shall be
permitted.
.01 Banners within the public right-of-way shall comply with Public Utilities
Department Order 406 (Advertising Banners) and shall only include the names and logos of the
Festival and its Sponsors. The Festival name/logo shall comprise a minimum of seventy-five
(75%) of the total area of the banner; the Sponsor’s name/logo shall comprise no more than
twenty-five percent (25%) of the total area of the banner.
.02 If the banner is located on a private property, the banner shall only include the
names and logos of the Festival, its Sponsors and the tenants and/or property owner of the
subject property. The Festival name/logo shall comprise a minimum of seventy-five (75%) of
the total area of the banner; the Sponsors and/or tenant/property owner’s name/logo shall
comprise no more than a total of twenty-five percent (25%) of the total area of the banner.
.03 Wall banners, including super graphics and building wraps, shall cover no
greater than twenty five percent (25%) of the building face of each elevation, shall be securely
fastened to the building, and shall not constitute a safety hazard.
.0502 Window Signs. Temporary window signs that are a part of a coordinated sign
program for the Festival shall be permitted. Window signs shall only include the names and
logos of the Festival, its Sponsors and the tenants and/or property owner of the subject property.
The Festival name/logo shall comprise a minimum of seventy-five (75%) of the total area of the
window sign; the Sponsors and/or tenant/property owner’s name/logo shall comprise no more
than a total of twenty-five percent (25%) of the total area of the window sign.
.0503 Iconic Structures. Temporary iconic structures that are a part of a coordinated
sign program for the Festival shall be permitted. Said structures shall not impede or disrupt the
flow of pedestrian or vehicular traffic or violate any City ordinance or any statute of the State of
California regarding public nuisances, or the display of obscene or harmful matter.
.0504 Sidewalk Decals. Temporary sidewalk decals that are part of a coordinated sign
program for the Festival shall be permitted as long as such signs are not a safety hazard. The
Festival name/logo shall comprise a minimum of seventy-five (75%) of the total area of the
decal; the Sponsor’s name/logo shall comprise no more than twenty-five percent (25%) of the
total area of the decal.
.0505 Promotional Materials. Distribution of Promotional Materials, as defined by
subsection 18.38.135.020 (Definitions), shall only be permitted as expressly authorized within
the Designated Solicitation Areas set forth in an approved Festival Permit.
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.0506 Substitution of Messages. Signs and Promotional Materials authorized by this
subsection are allowed to carry noncommercial messages in lieu of any other commercial
messages.
.060 Application for Permit. Any person or legal entity desiring a Festival Permit shall
make an application to the Planning Director. Such application must be made at least sixty (60)
days prior to the commencement of the Festival. The application shall be accompanied by a
deposit in an amount to be set by the Planning Director based on the reasonable cost of
processing the application. Costs associated with the processing of the application will be billed
on a time and materials basis. The application shall include:
.0601 Applicant. The name and contact information for the Applicant.
.0602 Legal Entity. If the Applicant is a corporation or legal entity, the name and
contact information of the members/officers shall be listed.
.0603 Main Contact. The name and contact information for the person to be in
immediate charge of the Festival.
.0604 Media Contact. The name and contact information for the main Media Contact
for the Festival.
.0605 Sponsor. The name, main contact and contact information of all Sponsors shall
be listed.
.0606 Staff and Committee Members. The names and contact information for all staff
and committee members associated with the Festival.
.0607 Festival Duration. The inclusive dates, during which the Festival is to take place,
including set-up and disassembly.
.0608 Attendance. The anticipated total number of participants/attendance for the
Festival and for each activity associated with the Festival, as well as information and any
documentation setting forth the number of peak hotel room bookings, within the City of
Anaheim, during the Festival.
.0609 Festival Description. The uses, events and activities proposed in the Festival
Districts, including the proposed location and duration of each use, event and/or activity. If the
event will include a Parade, as defined by subsection 18.38.135.020 (Definitions), the route shall
be clearly indicated on the site plan.
.0610 Site Plan. A site plan or plans indicating the exact location and parcels on which
the Festival and all related uses, events or activities are proposed, including, site dimensions; the
names of adjacent streets and highways; the addresses of the underlying parcel or parcels; any
7
existing buildings or other large structures; all vehicle access; parking areas, including the
number of parking spaces; and, the areas proposed for the installation of any structures or
equipment or the storage thereof.
.0611 Accessibility Plan. An accessibility plan describing how the Festival will meet
all City, County, State and Federal access requirements.
.0612 Coordinated Sign Plan. A coordinated sign plan setting forth all banners,
including wall banners, banners on light poles and banners across streets, super graphics and
building wraps, window signs, sidewalk decals, iconic structures, and other signs proposed as
part of the Festival. The plan shall include the materials, dimensions, graphics and method of
affixing each sign. No sign shall be proposed on any private property without the written
consent of the property owner. The sign plan shall indicate all Sponsors, tenants and property
owners to be advertised.
.0613 Security/Safety Plan. A comprehensive security/safety plan that sets forth any
security required, pursuant to contract(s) with the City Venue or private venue managers. The
plan shall include all private security and any necessary City police officers, fire fighters, code
enforcement officers, emergency medical staff and/or special response teams. The plan shall
include a contact person and associated contact information for any private security to be used at
the Festival. The private security company shall be licensed by the State of California. The
Chief of Police has the final authority to determine security requirements for the Festival. If the
prescribed number of licensed private security guards are not provided, or prove inadequate, the
Anaheim Police Department maintains the right to shut down any or all components of the
Festival and/or to provide additional police services as deemed necessary by the Chief of Police.
.0614 Medical Plan. A medical plan that includes the name and contact information of
any Licensed Professional Medical Service Providers for the Festival and describing the number,
certification levels (Medical Doctor, Registered Nurse, Paramedic and Emergency Medical
Technician) and types of resources that will be utilized and the manner in which they will be
managed and deployed.
.0615 Sanitation Facilities. The total number and location of any portable toilets,
including the number of ADA accessible portable toilets, and the equipment set-up and pick-up
times.
.0616 Traffic Management Plan. A traffic management plan that sets forth proposed
street closures, traffic management strategies to alleviate congestion, shuttle services and off-site
parking locations. The plan shall also indicate the proposed location of parking for both
attendees and staff.
.0617 Solicitors. The name, main contact and contact information of all Solicitors shall
be listed.
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.0618 Designated Solicitation Areas. Any location or locations proposed to be
permitted for commercial solicitation and/or distribution of Promotional Materials.
.0619 Re-sale of Tickets. Any location proposed to be permitted for the Re-sale of
Tickets.
.0620 Waste Management Plan. A waste management plan that indicates the proposed
location and timing for the containment and collection of waste associated with the Festival.
.0621 Additional Information. Such other information as may be required by the
Planning Director.
.070 Action by Planning Director upon Application.
.0701 Upon the filing of a completed application, the Planning Director, or designee,
shall conduct an appropriate investigation, including consultation with the Chief of Police, the
Fire Chief, the Executive Director Convention/Sports & Entertainment, the Director of Public
Works and the Public Utilities General Manager. Within thirty (30) days after receipt of a
completed application, the Planning Director, or designee, shall approve, conditionally approve
or deny the application.
.0702 An application for a Festival Permit, pursuant to this section, shall be granted,
with or without conditions, unless it is found and determined that any of the following conditions
exist:
.01 The application contains incomplete, false or misleading information.
.02 The Festival will violate provisions of the Anaheim Municipal Code or any
federal, state, county or local law or regulation.
.03 The Festival will unreasonably disrupt traffic within the City.
.04 The Festival will unreasonably interfere with access to police stations, fire
stations or other public safety facilities.
.05 The Festival will cause undue hardship to or unreasonably interfere with
adjacent commercial or residential uses.
.06 The Festival is proposed to be held or conducted in a building or structure
which is hazardous to the health or safety of the volunteers, employees or patrons of the event or
activity, City employees, or members of the general public, under the standards established by
the Uniform Building or Fire Codes.
.07 The Festival is proposed to be held or conducted in a manner in which planned
security measures are inadequate to deter unlawful conduct on the part of employees or patrons,
9
or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent
disturbance of the neighborhood by excessive noise created by the Festival or by patrons entering
or leaving the premises where the Festival takes place.
.0703 The Planning Director shall give written notice to the applicant of the action
taken upon the completed application. In the event the application is denied, written notice of
such denial shall be given to the applicant specifying the grounds for such denial.
.080 Appeal of Planning Director’s Decision.
.0801 Any person or entity aggrieved by a decision of the Planning Director approving
or disapproving the issuance of a Festival Permit or revoking such permit may, within five (5)
days after such action, appeal to the City Manager of the City of Anaheim by filing a written
notice thereof with the City Clerk.
.0802 Upon the filing of a timely appeal, the City Manager, or designee, shall set a
hearing to be held within ten (10) business days from the date of receipt of such appeal. The
Applicant, by written request, may waive the time limits set forth in this subsection except the
time within which an appeal may be filed.
.0803 After an administrative hearing and consideration of testimony, the report and
recommendation of the Planning Director, and any written materials submitted by the appellant
or other persons, the City Manager, or designee, shall either approve the permit, with or without
conditions, or shall deny the permit. If the permit is denied, notice of said denial shall include
the reasons for such denial. The decision of the City Manager, or designee, shall be made within
five (5) business days from the date of the hearing and shall be final and conclusive in the matter.
.090 Amendment of Permit Approval. A Festival Permit may be amended by the Planning
Director if a request is made in writing to the Planning Director by the Applicant. The
application for amendment shall be accompanied by a deposit in an amount to be set by the
Planning Director based on the reasonable cost of processing the application for amendment.
Costs associated with the processing of the application for amendment will be billed on a time
and materials basis. Any additional information deemed necessary to review such request, as
determined by the Planning Director, shall be provided by the Applicant. The Planning Director
shall approve, conditionally approve, or deny any application for amendment unless the
conditions set forth in subsection 18.38.135.0702 are found to exist. The decision of the
Planning Director as to any amendment may be appealed in accordance with subsection
18.38.135.080 (Appeal of Planning Director’s Decision).
.100 Restrictions on other Permits.
.1001 No Parade, Carnival, Firework, Commercial Filming or Special Event Permits
shall be granted for any temporary use, event, activity or sign in the Festival Districts designated
in an approved Festival Permit during the Festival Period.
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.1002 It shall be unlawful for any person or entity to hold, maintain, conduct or operate
any temporary use, event, activity or sign for which a Parade, Carnival, Firework, Commercial
Filming or Special Event Permit is required within the Festival Districts designated in an
approved Festival Permit during the Festival Period, unless the person or entity is authorized to
do so pursuant to a Festival Permit approved by the City pursuant to this section 18.38.135.
.110 Use of Property for Commercial Purposes.
.1101 Except for commercial solicitation in Designated Solicitation Areas expressly
permitted in an approved Festival Permit, it shall be unlawful for any person or entity to use any
Public Property or the outdoor area of any private property open to public view from Public
Property including, but not limited to, parking lots, in the Festival Districts designated in an
approved Festival Permit during the Festival Period, for the purpose of selling, storing or
displaying any equipment, materials or merchandise, or any other commercial purpose, except
for the following:
.01 Public or private parking; or
.02 The transmission of water, sewer, gas, electricity, television, radio signals or
similar substances or activity for a City use or pursuant to any agreement with the City; or
.03 Newsracks subject to compliance with the provisions of Chapter 4.82
(Newsracks on Public Rights-of-Way) of the Anaheim Municipal Code.
.1102 Uses, events, activities and signs authorized by this subsection shall not prohibit
members of the general public from accessing any business or residence.
.120 Prohibited Temporary Signs and Advertising.
.1201 Except for the distribution of Promotional Materials in Designated Solicitation
Areas expressly permitted in an approved Festival Permit, it shall be unlawful for any person or
entity to deposit, place, throw, scatter, cast, or otherwise distribute any Promotional Material
from Public Property or the outdoor area of any private property open to public view from Public
Property including, but not limited to, parking lots, in the Festival Districts designated in an
approved Festival Permit during the Festival Period.
.1202 Unless otherwise expressly permitted in an approved Festival Permit, it shall be
unlawful for any person or entity to erect, place, set, deposit, maintain or place any temporary
commercial sign, banner, wall banner, window sign, iconic structure, sidewalk decal, sticker or
other structure on Public Property or the outside area of private property open to public view
from Public Property including, but not limited to, parking lots, in the Festival Districts
designated in an approved Festival Permit during the Festival Period including, but not limited
to, all temporary commercial signs generally permitted pursuant to Chapter 18.44 (Signs) of the
Anaheim Municipal Code. Temporary noncommercial signs shall be permitted in accordance
with Chapter 18.44 (Signs) of the Anaheim Municipal Code.
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.130 Compliance with other Codes
.1301 Health and Sanitation. The Festival shall conform to the health and sanitation
requirements established by the County Health Officer and by applicable State, County and City
laws.
.1302 Building and Fire Codes. Upon request, the Applicant shall furnish proof to the
City that all equipment, tents and structures utilized in connection with any Festival activity have
been inspected and are in compliance with applicable State and City laws and regulations, and
shall cooperate with the inspection thereof by local police, fire, building, health or other public
officials and personnel.
.1303 Except as expressly provided in section 18.38.135, all provisions of the Anaheim
Municipal Code shall be in full force and effect and shall be strictly complied with by the
Applicant and all persons in the Festival Districts.
.140 Liability and Bond Provisions. The requirements of this subsection are applicable
whenever the Applicant’s operations will utilize or impact City facilities or property as
determined by the City.
.1401 Liability Insurance; Indemnity and Faithful Performance Bond. Before a Festival
Permit is issued, a certificate of insurance will be required to be submitted evidencing insurance
in an amount not less than one million dollars ($1,000,000) per occurrence, written on an
occurrence form, for commercial general liability and one million dollars ($1,000,000) per
occurrence for automobile liability (including coverage for owned, non-owned, and hired
vehicles). In the event the use of pyrotechnics or any other unusual activity or higher-risk activity
(such as carnival rides) is contemplated, the Applicant will be required to submit evidence of
insurance which will cover said use or activity in an amount and form acceptable to the Risk
Manager. Specifically, as to pyrotechnics, the amount of liability coverage shall, at a minimum,
meet the limits required by State law and evidence of this insurance will additionally be
reviewed by the Fire Department. An endorsement to said liability policies shall be submitted
naming the City of Anaheim, its officers, employees, agents, representatives and volunteers as
additional insureds. The Risk Manager is authorized to reduce the insurance requirements above
if it is deemed to be in the best interests of the City of Anaheim.
.1402 Indemnity, Defense and Hold Harmless Agreement. The Applicant shall execute
an indemnity, defense and hold harmless agreement as provided by the City of Anaheim prior to
the issuance of a permit under this section.
.1403 Faithful Performance Bond. To ensure cleanup and restoration of the Festival
Districts, the Applicant may be required to post a refundable cash deposit or faithful performance
bond (or other bond form as may be required in the sole discretion of the City of Anaheim), in an
amount to be determined by the Planning Director, upon submittal of the application. Upon
completion of the Festival, cleanup and restoration of the Festival Districts by the Applicant, and
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inspection of the site by the City of Anaheim, the bond or cash deposit shall be returned to the
Applicant.
.150 Payment of Departmental Service Charges. The Applicant shall pay the City of
Anaheim for all Departmental Service Charges relating to a Festival held or conducted pursuant
to an approved Festival Permit. The City Manager, or designee, may waive Departmental
Service Charges relating to a Festival where it is found and determined that the public interest
would be served by the waiver of all or any part of said charges.
.160 Revocation of Permit.
.1601 Any Festival Permit, issued pursuant to the provisions of this section, may be
revoked by the Planning Director, or designee, for good cause. Good cause shall include, but not
be limited to, the following:
.01 The application contains incomplete, false or misleading information.
.02 The Applicant has failed to comply with any provision of this section
18.35.135.
.03 The Applicant has failed to comply with one or more of the required terms or
conditions of the permit.
.1602 The decision of the Planning Director revoking a permit may be appealed to the
City Manager, pursuant to subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
.170 Violation.
.1701 A violation of any of the provisions of section 18.38.135 or any of the terms and
conditions of the Festival Permit shall be a misdemeanor punishable as set forth in Section
1.01.370 (Violations of Code – Penalty) of the Anaheim Municipal Code.
.1702 Notwithstanding any other provisions of this Code, which may require
prosecution of any such violation as a misdemeanor, any such violation constituting a
misdemeanor under this section may be charged and prosecuted as an infraction.”
SECTION 2
. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, 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.
13
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 violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2010, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2010, by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
75273.v3
Festival Districts
The attached exhibits A-1 through A-3 indicate the proposed boundaries of the Festival Districts.
These exhibits, collectively described as Exhibit A, are proposed to be adopted by a resolution of
the Anaheim City Council in conjunction with the adoption of the proposed draft Ordinance to
add a new Section 18.38.135 to Title 18 (Zoning Code) establishing requirements pertaining to a
Festival Permit.
C I T Y O F O R A N G E
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3056
A r e n a Key to Features
Festival District
Anaheim City Boundary
Map Location
°0 450 900
Feet
City of AnaheimPlanning GISDecember 16, 2009
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3056
C o n v e n t i o nCenter
Key to Features
Festival District
Anaheim City Boundary
Map Location
°0 375 750
Feet
City of AnaheimPlanning GISDecember 16, 2009
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C I T Y O F O R A N G E
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3056
S t a d i u m Key to Features
Festival District
Anaheim City Boundary
Map Location
°0 500 1,000
Feet
City of AnaheimPlanning GISDecember 16, 2009
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3
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.