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PC 2020/08/03 City of Anaheim Planning Commission Agenda Monday, August 3, 2020 Council Chamber, City Hall, 200 S. Anaheim Boulevard Anaheim, California • Chairperson: Kimberly Keys • Chairperson Pro-Tempore: John Armstrong • Commissioners: Michelle Lieberman, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members will participate in this meeting remotely. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public can access the meeting live on-line, with audio and limited video, at www.anaheim.net/planning. In addition, members of the public can submit comments electronically for Planning Commission consideration by sending them to planningcommission@anaheim.net or directly to the project planner as indicated on each item below. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 3:00 p.m. the day of the meeting. Those comments, as well as any comments received after 3:00 p.m., will be distributed to the Planning Commission members and will be made part of the official public record of the meeting. Contact the Planning and Building Department at 714-765- 5139, the project planner listed below, or planningcommission@anaheim.net with any questions. A copy of the staff report may be obtained on the City of Anaheim website www.anaheim.net/planning on Thursday, July 30, 2020, 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 by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net during regular business hours. ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting. APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar 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. 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. Anaheim Planning Commission Agenda - 5:00 P.M. 08-03-2020 Page 2 of 5 Consent Calendar There will be no separate discussion on the item 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. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2012-05597B (DEV2020-00146) Location: 255 North Anaheim Boulevard Request: To modify exhibits for a previously-approved mixed-use development consisting of 220 apartment units and 18,000 square feet of commercial space. The revisions include the conversion of 11,136 square feet of commercial area to 11 live/work units. Environmental Determination: The Planning Commission will consider whether a Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemptions are the appropriate environmental documentations for this request under the California Environmental Quality Act. Motion Project Planner: Scott Koehm skoehm@anaheim.net 08-03-2020 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2018-05955 ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 (DEV2018-00009) Location: 2720 West Lincoln Avenue Request: The applicant requests approval of a conditional use permit to establish an outdoor recreational vehicle (RV) storage facility on a vacant site and an administrative adjustment to permit building and landscaped setbacks less than required by the Anaheim Municipal Code. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net 08-03-2020 Page 4 of 5 ITEM NO. 3 ZONING CODE AMENDMENT NO. 2020-00170 ADJUSTMENT NO. 11 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SPN92-2AA) ADJUSTMENT NO. 10 TO THE ANAHEIM CANYON SPECIFIC PLAN NO. 2015-00001 (SPN2015-00001J) ADJUSTMENT NO. 3 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SPN2017-00001C) (DEV2020-00002) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zone); 18.14 (Public and Special-Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone; 18.32 (Mixed Used (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.92 (Definitions); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards); 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) to provide standards and regulations for unlicensed community care facilities (commonly known as group homes) and sober living homes. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) and 15061(b)(3), in that the activity will not result in a direct or reasonably foreseeable indirect change in the environment and Section 15301 (Class 1 Existing Facilities). This item was continued from the July 6, 2020 Planning Commission meeting. Motion Project Planner: Joanne Hwang jhwang@anaheim.net 08-03-2020 Page 5 of 5 Adjourn to Monday, August 17, 2020 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 12:30 p.m. July 29, 2020 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 3, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 2012-05597B LOCATION: 255 North Anaheim Boulevard (Alexan Center City) APPLICANT/PROPERTY OWNER: The applicant and property owner is Uptown Anaheim Apartments, LLC, represented by Tony Ditteaux. REQUEST: The applicant requests Planning Commission approval to modify exhibits for a previously-approved mixed-use development. The revisions include the conversion of 11,136 square feet of commercial area to 11 live/work units. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1 (Existing Facilities) and approve the revised site plan, finding that it is substantially in conformance with the exhibits originally approved in conjunction with Conditional Use Permit No. 2012-05597. BACKGROUND: The 4.29-acre property is developed with a mixed-use development consisting of 220 apartments and 18,000 square feet of commercial space. The property is located in the C- G” General Commercial zone and the “MU” Mixed-Use Overlay Zone. The General Plan designat es this property for Mixed-Use High land uses. The surrounding land uses include single and multiple-family residences, a church and commercial uses to the north, a retail center to the south, and office buildings to the east and west. CONDITIONAL USE PERMIT NO. 2012-05597B August 3, 2020 Page 2 of 4 On April 21, 2014, the Planning Commission unanimously approved Conditional Use Permit No. 2012-05597 and a rezoning request to construct a 4-story, 220-unit apartment building with 18,000 square feet of commercial space on this site. On July 15, 2014, the City Council adopted an ordinance rezoning the site to the “C-G” General Commercial and “MU” Mixed Use Overlay zones. On November 17, 2014, the Planning Commission approved Tentative Parcel Map No. 2012- 148 that consolidated the five parcels that comprised the project site. The map straightened out the curved property lines created by the meandering sidewalks and parkway planters in the right -of-way along Lincoln Avenue and Anaheim Boulevard. On October 19, 2015, the Planning Commission approved an amendment to the Conditional Use Permit, an amendment to the Tentative Parcel Map, and an Administrative Adjustment to reduce the recreational-leisure space of the project by approximately nine percent from 42,300 square feet to 38,720 square feet. The project was constructed and opened in May 2019 with 14,588 square feet of commercial space. Some of the approved commercial space was constructed with a leasing office and a fitness room. The final development included 40,104 square feet of recreation-leisure space, in excess of the previously-approved reduction. PROPOSAL AND ANALYSIS: The applicant is proposing to convert 11,136 square feet of ground floor commercial space to 11 live/work units. The applicant has indicated that they have been actively marketing the commercial space for two years and are having difficulty securing commercial tenants. Securing tenants has become even more difficult with the advent of the COVID-19 pandemic and the closure of many businesses. The proposed live/work units would provide the ability to lease 11 more residential units that would provide needed housing and work from home opportunities. The live/work units would range in size from 762 square feet to 1,188 square feet and would be a mix of studios and 1 bedroom units. The applicant is actively working with prospective tenants to secure the remaining 3,452 square foot commercial space. The Adminstrative Adjustment approved in 2015 allowed 38,720 square feet of recreation- leisure space. The property was developed with a total of 40,104 square feet of recreation- leisure space, which is 1,384 square feet more than what was approved. The addition of the 11 live/work units requires 1,800 square feet of recreational-leisure space for a total requirement of 40,520 square feet. The applicant is proposing to add a 550 square foot “bike kitchen” as an amenity for residents to repair and maintain bicycles. With the addition of this bike kitchen, the property would have 40,654 square feet of recreation/leisure space exceeding the minimum required recreation/leisure space. The proposed bike kitchen would displace three parking spaces on the first floor. The parking requirements for mixed-use developments are determined by a parking demand study. A parking demand study was approved for this project and determined that 577 spaces were required. The study identified 420 spaces for the residential units and 157 spaces for the commercial uses based upon a rate of 1.9 spaces per residential unit and 8.3 spaces per 1,000 CONDITIONAL USE PERMIT NO. 2012-05597B August 3, 2020 Page 3 of 4 square feet of commercial uses. The project was constructed with 583 parking spaces. Based upon the rates approved in the project parking study, 439 parking spaces would be required for the proposed residential units and 27 parking spaces for the commercial uses, for a tota l of 466 spaces. Because a total of 580 spaces are proposed for this project, a surplus of 114 spaces would exist on the site. No changes to the exterior of the building are proposed. The existing storefront elevations on Anaheim Boulevard would remain and serve as the public entrance for the live/work units. Only tenant improvements are proposed to the interior of the current commercial space. Anaheim Boulevard Elevation Per Anaheim Municipal Code Section 18.60.190.020, minor amendments require a determination whether the amendment is in substantial conformance with the use and/or the plans that were originally approved. The findings that need to be made are as follows: 1. The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved; 2. No new waivers of code requirements are needed; 3. The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective; 4. No substantive changes to the approved site plan are proposed; 5. The nature of the approved use is not significantly changed; 6. The approved use is not intensified; and 7. No new or substantially greater environmental impacts would result. CONDITIONAL USE PERMIT NO. 2012-05597B August 3, 2020 Page 4 of 4 Since the site plan is being revised from the original conditional use permit , staff is presenting the changes as a “Reports and Recommendations” item to the Planning Commission to determine if the revisions are in substantial conformance with the originally approved exhibits, and to ensure that the changes have no impact to surrounding propertie s. Staff believes that the addition of the live/work units is appropriate due to the current and future uncertainty of traditional commercial uses, especially those that are located in mixed-use developments. The live/work units would provide opportunities for an emerging work-from-home culture as well as other traditional live/work businesses. The project would exceed the Code requirement for parking spaces and the recreation-leisure space would increase with the addition of the bike kitchen. For these reasons, staff believes that the findings can be made for the minor amendment to the conditional use permit and therefore; staff supports this request. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1 (Existing Facilities) Categorical Exemption. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed project is a request to convert 11,136 square feet of commercial area to 11 live/work units within a recently constructed mixed-use development . No expansion of the existing building is proposed. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the proposed changes would be consistent with the original mixed-use project approval and that these changes would provide a needed amenity to the residential and commercial community. Staff recommends that the Planning Commission determine that the changes are in substantial conformance with the originally-approved exhibits. Prepared by, Submitted by, Scott Koehm, AICP Niki Wetzel, AICP Senior Planner Deputy Planning and Building Dir ector Attachments: 1. Planning Commission Resolution No. 2014-034 (April 21, 2014) 2. Planning Commission Resolution No. 2014-101 (November 17, 2014) 3. Planning Commission Resolution No. 2015-081 (October 19, 2015) 4. Letter of Request 5. Original Plans 6. Revised Plans 7. Photos C-G (MU) DEV 2020 -00146 APARTMENTS RM-4 VILLAGE CENTER APTS 100 DU C-G (DMU) CITY HALL C-G OFFICES C-G (DMU) RETAIL C-G (DMU) RETAIL C-G (DMU) RETAIL C-G RETAIL O-L OFFICES C-G (DMU) RETAIL C-G (DMU) RETAILC-G (DMU) RETAIL C-G (DMU) RETAIL C-G OFFICES C-G OFFICES C-G OFFICES C-G MEDICAL OFFICE RM-3 RETAIL C-G RELIGIOUS USE C-G AUTO BODY SHOP C-G RETAILC-G RETAIL C-G RETAIL RS-3SINGLE FAMILY RESIDENCERS-3 SINGLE FAMILY RESIDENCE RS-3 TRIPLEXRS-3 VACANTC-G RETAIL C-G AUTO BODY SHOP C-G AUTO SALES C-G RETAIL C-G AUTO REPAIR/ SERVICE C-G APTS 5 DU T CYPRESS SENIOR APTS 20 DU T RELIGIOUS USERS-2SI NGLE FAMI LY RESI DENCERM-4 APTS 10 DU RM-4 APTS 12 DU RM-4 APTS 24 DU RS-2 SF R RM-4 PARKING LOT C-G Banquet Hall PR PEARSON PARK RM-4 SF R W LIN CO LN A V ES ANAHEI M BL VDN ANAHEI M BLVDE LIN C O LN A V EN LEMON STN CLAUDI NA STW C Y P R E S S S T W A D E L E S T E C Y P R E S S S T E A D E L E S T E C E N T E R S TN CL EMENTI NE STW O A K S T S. EAST STE. LA PALMA AVE E . L I N C O L N A V EN. EAST STW. LA PALMA AVE N. HARBOR BLVDW . B R O A D W A Y N .ANAHEI MBLVDE .B R O A D W A Y W.LINCOLN AVE S. ANAHEI M BLVDE . B R O A D W A Y W . B R O A D W A Y 1 2 7 W e st L i n co l n A ve n u e D E V N o . 2 0 2 0 -0 0 1 4 6 Subject Property APN: 255-081-17 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 01 9 W LIN CO LN A V ES ANAHEI M BL VDN ANAHEI M BLVDE LIN C O LN A V EN LEMON STN CLAUDI NA STW C Y P R E S S S T W A D E L E S T E C Y P R E S S S T E A D E L E S T E C E N T E R S TN CL EMENTI NE STW O A K S T S. EAST STE. LA PALMA AVE E . L I N C O L N A V EN. EAST STW. LA PALMA AVE N. HARBOR BLVDW . B R O A D W A Y N .ANAHEI MBLVDE .B R O A D W A Y W.LINCOLN AVE S. ANAHEI M BLVDE . B R O A D W A Y W . B R O A D W A Y 1 2 7 W e st L i n co l n A ve n u e D E V N o . 2 0 2 0 -0 0 1 4 6 Subject Property APN: 255-081-17 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 01 9 ATTACHMENT NO. 1 ATTACHMENT NO. 2 ATTACHMENT NO. 3 Alexan CTR City Apartments Live / Work Addition Project Description Alexan CTR City is a 220 unit Mixed Use Apartment community in CTR City Anaheim. The project is located on the corner of North Anaheim Blvd and Lincoln Ave. This proposal requests the addition of 11 unique Live / Work units in the existing vacant retail space. These units range in size from 762 SF to 1,188 SF and are a mix of Studios and 1 Bedroom units. This Live / Work concept will activate Anaheim Blvd and create an interesting new component to this vibrant multifamily community. The existing elevations will remain essentially unchanged as we are proposing a “Tenant Improvement” within the existing shell space. Given the new realities of the COVID-19 Pandemic, this Live / Work concept will provide needed housing and work from home opportunities to Anaheim residents. The Retail 1 shall space shall remain and we are actively working with a few prospective tenants. Recreational – Leisure Open space requirements will be satisfied by a 550 SF “Bike Kitchen”. A community amenity that will be built inside the retail parking structure that will allow residents to clean, repair and maintain bicycles. ATTACHMENT NO. 4 085946\11760465v1 Alexan CTR City Apartments Amendment to Zoning Actions and Determination of Substantial Conformance Justification Minor Amendment to Conditional Use Permit No. CUP2012-05597 This is an application for a Minor Amendment to CUP 2012-05597 (the “CUP”) to convert a portion of the existing permitted retail floor area to live/work dwelling units. The property, located at 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street (the “Property”), has struggled to find retail tenants to occupy its retail commercial space. The applicant therefore requests that the existing CUP be amended to allow for some of the retail space to be converted to live-work units. The Property is located in the City’s Mixed Use Overlay Zone (“MUOZ”), which allows for live-work uses. What is the Minor Amendment application requesting? The CUP allows for up to 220 apartment units and 18,000 square feet of commercial retail uses at the Property. The requested Minor Amendment to the CUP would permit some of the Property’s retail space to be used as live/work units, as defined by Code section 18.32.020.080.1 Specifically, we are requesting that the CUP be amended to allow 11,136 square feet of the Property’s existing 14,588 square feet of retail space to be converted to live/work units, as follows:  Eleven live/work units in existing retail space that will front Anaheim Boulevard and Lincoln Avenue or the interior parking-adjacent courtyard. Only the commercial component of each unit will front the public street. The location of the proposed live/work units is shown on the plans that accompany this Minor Amendment application. The remaining 3,452 square feet of retail space at the Property would continue to be available for retail uses. A Minor Amendment to a Conditional Use Permit must be in “substantial conformance” with the use and/or plans that were originally approved. (Code § 18.60.190.020). Such is the case here. The proposed Minor Amendment would not alter the Property’s footprint or site plan – the Property’s exterior physical structure would remain essentially the same as it exists today. Further, no new waivers of code requirements are being requested in connection with the Minor Amendment. The only CUP conditions that require revision are those that would inhibit the proposed conversion of retail floor area to live/work units. Why is a Minor Amendment needed? Currently, 14,588 square feet of retail space exists at the Property. This space is located on the ground floor and oriented to Anaheim Boulevard and Lincoln Avenue. All of this retail space sits empty and without tenants. In fact, the Property has not been able to place a single retail tenant since it was completed in May 2019. This challenging reality has been accelerated by the COVID-19 pandemic crisis, which has further reduced demand for brick-and-mortar retail space as shoppers stay home and 1 Anaheim Municipal Code section 18.32.020.080 specifies the following regarding live/work units: A commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area such as an office. Live/work units shall not resemble a residence. The number of permitted live/work units shall be specified and determined through the conditional use permit process. 085946\11760465v1 shop online. Such is the case not only at the Property but in the surrounding area, and experts anticipate that this trend will persist once the COVID-19 crisis abates.2 The COVID-19 crisis has also accelerated another trend: working from home. Working from home has become a mainstay of modern American life, and again, experts expect this to continue once the COVID-19 crisis is over.3 For underutilized retail space that is located in the City’s MUOZ, conversion to live/work units is an appropriate adjustment to respond to changing times. Plus, even with the proposed live/work units, the Property will maintain 3,452 square feet of traditional retail space to offer potential tenants. The proposed Minor Amendment complies with the provisions of the MUOZ as detailed in Code section 18.32.010 et seq. With respect to ground-floor uses, the MUOZ notes that “[i]n order to encourage an active street life while accommodating market demand, the ground floor facing the street shall be used for commercial uses, which may include the non-residential portion of live/work units.” (Code § 18.32.030.070). This would be the case at the Property if the Minor Amendment is granted. The live/work units at the Property will advance several of the stated intentions of the MOUZ, including:  Providing additional housing options for people who want to live near their workplace and/or near retail and other non-residential uses;  Reducing the need for automobile travel;  Enhancing the vitality of businesses at the Property; Finally, the proposed Minor Amendment is consistent with the General Plan, which encourages the development of a blend of residential, commercial, and office uses in the Downtown Core. The Minor Amendment to permit live/work units in the Property’s retail space is exactly the type of innovative development feature that the MUOZ envisions, and it will ensure that the Property operates to its full potential and best serves the community and the City for many years to come. 2 Kenan Insights – How Will COVID-19 Affect Commercial Real Estate? April 2020. Accessed from https://kenaninstitute.unc.edu/kenan-insight/how-will-covid-19-affect-commercial-real-estate/ on June 24, 2020 (“COVID-19 is also likely to accelerate the move away from brick-and-mortar retail toward online retail.”) 3 “Working from home is here to stay, even when the economy reopens.” CNBC: The Next Normal. May 11, 2020. Accessed from https://www.cnbc.com/2020/05/11/work-from-home-is-here-to-stay-after-coronavirus.html on June 24, 2020. ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 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. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 3, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05955 ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 LOCATION: 2720 West Lincoln Avenue (Lincoln RV Storage) APPLICANT/PROPERTY OWNER: The applicant is Fred Cartozian. The property owner is Roy E. Hearrean. REQUEST: The applicant requests approval of a conditional use permit to establish an outdoor recreational vehicle (RV) storage facility and an administrative adjustment to permit reduced front setbacks on a vacant 1.87 acre site. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction or Conversion of Small Structures) and approving Conditio nal Use Permit No. 2018-05955 and Administrative Adjustment No. 2018-00425. BACKGROUND: This 1.87-acre vacant property is located in the "OS" Open Space zone and has a General Plan land use designat ion of Open Space. The property is adjacent to Transition (T) zoned properties to the north and west, which are owned by Southern California Edison. Immediately south of the project site is an Orange County Flood Control District channel. The properties north and west of the project site are occupied by the Anaheim RV Storage facility. There is multiple family-zoned property to the east which is currently occupied by the 2-story, 42-unit Beachside Apartment complex. CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 August 3, 2020 Page 2 of 5 NORTH SITE PLAN PROPOSAL: The applicant proposes to establish an outdoor RV storage facility for up to 80 recreational vehicles ranging from 24 to 40 feet in length. The project is designed with the majority of 90 degree RV spaces along the east and west property line with a single drive aisle to a cul-de-sac at the south end which would allow the required turnaround for RV’s, fire engines, and trash trucks. The request also includes the installation of a 320 square foot modular office trailer and a 10-foot high masonry block wall within 20 feet of the front property line adjacent to Lincoln Avenue. Access to the facility would be provided from Lincoln Avenue through an automated entry gate that is setback 42 feet from the Lincoln Avenue-right -of-way. The RV facility would be equipped with air/water, a dumping station, trash bins and ADA accessibility. Hours of operation for the RV storage facility would be from 7:00 a.m. to 7:00 p.m. Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on Sunday. There would be four parking spaces for the office trailer, including one van-accessible parking space. A new 10-foot high masonry block wall would be installed along the east property line adjacent to the existing apartment complex with landscaping in specified locations. A new 10- foot high block wall would also be installed on the south property line adjacent to the flood control channel. The request for an administrative adjustment is to allow for a 20-foot setback for the walls and office trailer, whereas a 25-foot front setback is required in the Open Space zone. The proposed walls would be compatible with the setbacks for walls on the existing RV storage facility to the west which maintains a 20-foot front setback adjacent to Lincoln Avenue. NORTH CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 August 3, 2020 Page 3 of 5 FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Outdoor storage yards are permitted in the Open Space zone, subject to the approval of a conditional use permit to ensure compatibility with the surrounding area. Outdoor storage is required to be screened from view of a public street . The project is designed to be entirely screened by a 10-foot high masonry wall and landscaping, similar to the screening provided for the RV storage facility to the west . The wall would also provide a buffer for the existing apartment project to the east. Small planter areas would be strategically located to provide for trees to further screen the outdoor RV storage from the residential site. Parking requirements for this type of use is a minimum of four spaces or 4 spaces per 1,000 square feet of gross floor area for any accessory building, whichever is greater. In this case, the project consists of only open RV parking and a 320 square foot modular office building. The parking for the proposed RV storage use would only need to provide for prospective customers and occasional deliveries. No parking is required for the RV storage spaces. The four spaces proposed near the office trailer would comply with parking Code requirements. Staff has determined that there is sufficient on-site parking to accommodate the demand of prospective tenants and deliveries and that the use would be compatible with the surrounding outdoor storage and multiple family residential uses. To determine the traffic generated by the proposed use, t he applicant provided a self-conducted traffic study/parking justification which included survey data on two days at the adjacent RV storage facility (Attachment 6). The study which occurred on two weekdays concluded that during the AM peak hours (7 a.m. to 9 a.m.) a total of 3 vehicles entered the site and 2 vehicles exited. During the PM peak hours (4 p.m. to 6 p.m.) a total of 4 vehicles entered and 5 vehicles exited. Staff acknowledged that these figures were typical peak hour trips generated by RV storage facilities of this size and that these figures may be slightly higher on weekends. The small number of trips generated by the project , however, did not require submittal of a full Traffic Impact Analysis. CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 August 3, 2020 Page 4 of 5 Conditions of approval to ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a requirement for landscape screening in specified areas along the eastern property line (as proposed), adjacent to the apartment complex, specifying hours of operation, and restricting inoperable vehicles, maintenance or repair of vehicles and overnight camping from occurring on-site. Staff believes that, although the project would involve installation of new 10-foot high screen walls, additional landscaping would provide an additional buffer between the storage and residential uses. Based on these factors and compliance with the recommended conditions of approval, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Administrative Adjustment: The applicant requests an administrative adjustment to permit a 20- foot front setback for the proposed screen wall and modular office trailer. A minimum 25-foot front setback is required for all structures in the Open Space zone. The Planning Director has a review authority over Administrative Adjustments, but may refer any application to the Planning Commission for review. Since the conditional use permit must be approved by the Planning Commission, the Planning Director has referred the Administrative Adjustment to the Commission to provide a comprehensive evaluation of the project and to make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; and 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The exception to the 25-foot structural setback is requested specifically to permit the 10-foot high screen wall and modular o ffice trailer which would be located behind the wall. The adjustment for a 20% reduction in the required front setback is consistent with the purposes and intent of the Zoning Code because a 20-foot landscaped setback would be sufficient to screen the out door storage use from public view. The 20-foot setback would be entirely landscaped and would be consistent with the landscape setback for the abutting RV storage lot to the west. The setback reduction would not produce a project that is out of character or detrimental to the neighborhood. Staff supports the request for the minor adjustment to the structural setback by allow ing for these encroachments. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed outdoor RV storage facility are typical of those generated within the Class 3, New Construction or Conversion of Small Structures, Categorical Exemption. Class 3 consists of the of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed project is a request to establish an outdoor RV storage facility for up to 80 recreational vehicles ranging from 24 feet to 40 feet in length. The request includes installation of a 320 square foot modular office trailer and 10-foot high CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 August 3, 2020 Page 5 of 5 masonry block walls within 20 feet of the front property line. As such, the proposed project meets the criteria for a Class 3 categorical exemption. Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: The proposed outdoor recreational vehicle storage use with a modular office trailer and screen walls would be compatible with surrounding storage and residential land uses. The recommended conditions of approval would ensure that the facility will not have an adverse impact on the surrounding land uses. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho Niki Wetzel, AICP Contract Planner Deputy Planning and Building Director Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation 3. Site Plan 4. Landscape Plans 5. Grading Plan and Utility Plan 6. Traffic Study and Parking Justification 7. Site Photographs OS DEV 2018 -00009 VACANTT (MHP) WESTERN SKIES TRAILER PARK RM-4 FRANCISCAN APARTMENTS 70 DU T RV STORAGE (SOUTHERN CAL IFORNIA EDISON CO. EASEMENT)C-G CAR WASH C-G RETAIL C-G RETAIL RM-4 NORMANDY APTS 70 DU RM-4 SAN CARLOS APARTMENTS 56 DU C-G RETAIL RM-4 SAN MARCUS 56 DU C-G RETAIL RM-3 CONDOMINIUMS/ TOWNHOUSES 41 DU O.C.F.C.D. O.C.F.C.D. O.C.F.C.D. T NURSERY (SOUTHERN CAL IFORNIA EDISON CO. EASEMENT) T RV STORAGE RM-4 BEACHSIDE APARTMENTS 42 DU RM-4 COURTYARD APARTMENTS 48 DU RM-4 CONDO 34 DU RM-4 APARTMENTS 111 DU RM-4 APTS 45 DU T (MHP) LIBERTY TRAVEL PARK RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCET CREST MOTEL RM-4 APTS 18 DU RM-4 APTS 63 DU C-G RETAIL C-GDUPLEX 6 DURM-4 SF R W LINCOLN AVE W LINCOLN AVE S STINSON STW TOL A AV E W T ROJAN PL W S ER EN O PLN SYRACUSE STS TROJAN STN LA REINA CIRS ROYCE PLS RENOAK STW. LINCOLN AVE W. BROADWAY W. ORANGE AVE W. CRESCENT AVE N. DALE AVE. CRESCENT AVE S. WESTERN AVES. MAGNOLIA AVEN. MAGNOLIA AVEN. BROOKHURST STW. LINCOLN AVE 2 7 2 0 W e s t L i n co l n A ve n u e D E V N o . 2 0 1 8 -0 0 0 0 9 Subject Property APN: 126-022-22 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 01 9 W LINCOLN AVE W LINCOLN AVE S STINSON STW TOL A AV E W T ROJAN PL W S ER EN O PLN SYRACUSE STS TROJAN STN LA REINA CIRS ROYCE PLS RENOAK STW. LINCOLN AVE W. BROADWAY W. ORANGE AVE W. CRESCENT AVE N. DALE AVE. CRESCENT AVE S. WESTERN AVES. MAGNOLIA AVEN. MAGNOLIA AVEN. BROOKHURST STW. LINCOLN AVE 2 7 2 0 W e s t L i n co l n A ve n u e D E V N o . 2 0 1 8 -0 0 0 0 9 Subject Property APN: 126-022-22 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 01 9 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00009) (2720 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05955 to permit an outdoor Recreational Vehicle (RV) storage facility with a modular office trailer and Administrative Adjustment No. 2018-00425 to permit reduced front yard setbacks (the "Proposed Project") on that certain real property located at 2720 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is approximately 1.89 acres in size and is currently undeveloped. The Anaheim General Plan designates the Property for Open Space land uses. The underlying zone of the Property is the "OS" Open Space, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special-Purpose Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing in the City of Anaheim on August 3, 2020 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed the Proposed Project, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2020-*** WHEREAS, the Planning Commission also finds and determines that the effects of the proposed outdoor RV Storage facility are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the const ruction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 Proposed project and, specifically, with respect to the request for Conditional Use Permit No. 2018-05955, does find and determine the following: 1. The Proposed Project is an allowable primary use within the Open Space Zone, subject to approval of a conditional use permit, as authorized under Table 14-A of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special-Purpose Zones) of the Code. 2. The proposed conditional use permit to permit the Proposed Project as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the facility will be adequately screened from public view, buffered from residential uses by a 10 -foot high wall, and is adjacent to an existing RV storage facility which is currently in operation. 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the facility will provide a sufficient number of on-site parking spaces, adequate vehicle circulation, and sufficient buffers from adjacent land uses, while maintaining utility easements that currently exist on the property. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the Proposed Project will be integrated with the surrounding outdoor RV storage uses which operat e under utility lines throughout the City and would not pose a health or safety risk to the citizens of the City of Anaheim. - 3 - PC2020-*** WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2018-00425 may be approved for the following reasons: SECTION NO. 18.14.100 Minimum Landscaping and Structural Setbacks. (25 feet required; 20 feet proposed) 1. The adjustment for a 20% reduction in the required front setback for the front screen wall and temporary modular office trailer is consistent with the purposes and intent of the Zoning Code because the new RV storage facility will provide a 10-foot high masonry wall to screen the outdoor storage use from public view. The resulting 20-foot setback will be entirely landscaped and will be consistent with the landscape setback provided for the abutting RV Storage lot to the west; and 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment. The Zoning Code requires all structures, including fencing, maintain a minimum 25 foot front setback on Open Space zoned properties. The application of the 20% adjustment to the 25-foot setback would result in only a 5-foot reduction in the required setback, which is sufficient to provide adequate landscaping and would be consistent with the abutting RV Storage facility to the west; and 3. The adjustment will allow for the screening of outdoor RV storage in a manner compatible with the design and setback of the adjacent RV Storage facility, and will not produce a result that is out of character or detrimental to the neighborhood; therefore, the Proposed Project would not negatively impact the surrounding neighborhood; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05955, and Administrative Adjustment No. 2018-00425 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2018-05955 and Administrative Adjustment No. 2018-00425 are applicable 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 Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2020-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 3, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 3, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of August, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2020-*** - 7 - PC2020-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 (DEV2018-00009) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an additional 7- ft. easement from the existing right - of-way along Lincoln Avenue for road, public utilities and other public purposes. Public Works Department Development Services 2 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works Department Development Services 3 Prepare and submit a final drainage/hydrology study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works Department Development Services 4 The owner shall obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. Public Works Department Development Services 5 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Public Works Department Development Services 6 Submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of Public Works Department Development Services - 8 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 7 Submit a Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall include any proposed infiltration features of the WQMP. Public Works Department Development Services 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Water Engineering 9 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering PRIOR TO ISSUANCE OF BUILDING PERMITS 10 Civil Engineer shall survey and certify the design pad elevation and submit a line and grade certification. Public Works Department Development Services 11 A Certification shall be provided by, and bear the original stamp and signature of the Geotechnical Engineer of Record shown on the project plans approved by the City of Anaheim, Public Works Department. The certification shall state that construction/installation of the soil improvement has been analyzed and found to be conformance to the approved plans and specifications. All technical data and test logs shall be part of the document submitted to the City for review and approval. Public Works Department Development Services 12 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Department Development Services 13 The developer shall submit street improvement plans and a cost estimate for review and approval. The developer shall obtain a right of way construction permit, and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Public Works Department Development Services - 9 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way of Lincoln Avenue. Improvements shall conform to the applicable City Standards and as approved by the City Eng ineer. 14 A cash-in-lieu payment based on the project engineer’s cost estimate, in an amount determined by the City Engineer to be sufficient to pay for future street widening along Lincoln Avenue, shall be paid to the City of Anaheim. Public Works Department Development Services 15 A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right -of-way. Public Works Department Development Services 16 The developer shall construct a five (5) foot wide sidewalk at ultimate right of way and a fourteen (14) foot wide landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. Public Works Department Development Services 17 The developer shall construct all improvements along the project’s frontage on Lincoln Avenue. The improvements shall include but not limited to curb and gutter, pavement, driveway, ADA ramps, water meters removals, sewer improvements, etc. As determined and approved by the City Engineer. The developer’s engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. Public Works Department Development Services 18 The applicant shall submit to the Public Works Development Services Division for review and approval a Certificate of Compliance document. The document shall be approved by the City Surveyor and recorded, along with conforming deed, in the office of the Orange County Recorder. Public Works Department Development Services 19 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Water Engineering 20 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be Public Utilities, Water Engineering - 10 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 21 The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 22 The vehicle gate at the project driveway shall be installed at a minimum 42 feet back from the ultimate Right-of-Way along Lincoln Avenue and shall be clearly identified on the building plans. Public Works Department Traffic Engineering 23 Submit a Solid Waste Management Plan (SWMP) to the Public Works Department for review and approval. Public Works Department, Operations Division 24 The final location of the trash enclosure/bin shall be reviewed and approved by the Public Works Department, Operations Division prior to installation. Public Works Department, Operations Division 25 A Landscape and Irrigation Plan shall be submitted and approved by the Planning and Building Department. The Landscape Plan shall clearly identify the trees, shrubs and groundcover within the front setback area, and along the residential property. Planning and Building Department, Planning Services PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 26 All public improvements shall be constructed by the developer, inspected and approved by Construction Services prior to the final building and zoning inspection. Public Works Department Development Services 27 All remaining fees/deposits required by Public Works department must be paid in full. Public Works Department Development Services 28 All required on-site Water Quality Management Plan, sewer, storm drain, and public right of way improvements shall be completed, operational, and are subject to review and approval by the Public Works inspector. Public Works Department Development Services 29 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department - 11 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Traffic Engineering 30 The applicant shall contract with the City’s trash hauler for scout services for the bin to be taken to an alternate area for service. Public Works Department, Operations Division 31 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering 32 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities Electrical Engineering 33 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities Electrical Engineering GENERAL CONDITIONS 34 The trash bin(s) shall be stored out of public view. Public Works Department, Operations Division 35 Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on Sundays. Planning and Building Department, Planning Services 36 On-site management shall be present during the hours of operation (when the facility is open to the public). Planning and Building Department, Planning Services 37 The following operational restrictions shall be adhered to: 1. Propane tanks are allowed, provided that the proper Building and Fire Permits are obtained. 2. No audible vehicle alarms shall be permitted. 3. No on-site maintenance or repair of vehicles shall be permitted. 4. No storage of inoperable vehicles shall be permitted. 5. No canopies or overhead coverings of any kind shall be permitted. 6. No overnight camping or occupancy of RV’s shall be permitted. Planning and Building Department, Planning Services Building Division Fire Department - 12 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 That lighting fixtures in any proposed parking area and any other security lighting located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. The lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and said information shall be specified on the plans submitted for building permits. Planning and Building Department, Planning Services 39 SECURITY MEASURES 1. The site shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter building and access route protection. • High valued storage areas. • Interior building door to shipping and receiving area. • Perimeter fence and security gating. i. Including fenced parking area for RV’s 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. 3. Closed cir cuit television (CCTV) security camera are recommended throughout the site. 4. If security cameras are not monitored, signs indicating so should be placed at each camera. 5. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. 6. CCTV recordings should be kept for a minimum of 30 days before recorded over. 7. CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. LIGHTING: 1. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on- site. Police Department - 13 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 40 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering 41 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 42 Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning and Building Department, Code Enforcement Division 43 The facility shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 44 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division 45 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 46 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all c laims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded Planning and Building Department, Planning Services Division - 14 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 47 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division CITY OF ANAHEIM PLANNING COMMISSION 200 S. Anaheim Blvd Anaheim, CA. 92805 Regarding: 2720 W. Lincoln Avenue Anaheim, CA. Subject: Request for Conditional Use Permit Pending CUP2018-05955/DEV2018-00009 To Whom It May Concern: I am the owner of property located at 2720 W. Lincoln Avenue, in the City of Anaheim. The property encompasses 1.83 acres and was recently rezoned to an Open Space designation to allow the use as an RV Storage facility. The site is encumbered by a blanket easement by Southern California Edison Company for maintenance and repair of their power lines. This easement seriously limits the development possibilities of this parcel, other than use as a recreational vehicle (RV) and boat storage facility. Consequently, we are requesting a Conditional Use Permit (CUP) to allow development of an 80 space Recreational Vehicle Storage facility. The site was recently rezoned to allow such use which is in conformance with two of the neighboring uses, including the R.V. Storage facility, of the same size, to the west and contiguous to our parcel, and a larger R.V. Storage facility located immediately across the street. Our recent meeting with SC Edison to discuss the project resulted in a positive response to our development request. The subject site could accommodate a substantially larger number of spaces, but is limited to some lesser number by the narrowness of the lot and certain restrictions imposed by S.C. Edison. Request Please note, we are requesting an "administrative adjustment" to allow a 20' front setback, a relief from the required 25' This adjustment will place our wall more in line with the adjacent RV Storage facility to our west. Our parcel is exactly the same size as the R.V. Storage facility located next to our site which, on February 9, 2004, by action of the Planning Commission, "approved Conditional Use Permit No. 2003- 04816 to permit a 133 space recreational vehicle storage facility and accessory modular office with waivers of maximum fence height and minimum front yard setback" NOTE: Due to easement and Edison restrictions, only 77 spaces were developed. The site will be fully secured with electronic gate access for ingress and egress, site lighting and security cameras. A fully integrated computer and security system will monitor and record every vehicle entering and leaving the facility. Although tenants will have access 7 days a week, the times will be restricted to 7am-7pm Monday through Saturday, 8am to 6pm Sunday, with on-site management during those hours. 1 ATTACHMENT NO. 2 Lincoln Avenue is a relatively busy traffic arterial traversing the entire City of Anaheim from east to west. The street is characterized by a mix of business developments including small retail strip centers, stand alone fast food restaurants, auto repair, apartments and the aforementioned R.V. Storage (2) facilities to name a few. With the exception of the subject property, there are few vacant sites. The facility will generate very little traffic entering and exiting the site, which is the very nature of an RV "Storage" facility. In fact, as requested, we have undertaken a study of the traffic generated at the adjacent 77 space R.V Storage facility (same size as subject) during the weekday peak traffic hours of early morning and late afternoon which disclosed the following: (7 AM to 9 AM) 4 vehicles entered and 5 exited; (4PM to 6 PM) 3 vehicles entered and 2 exited. Tenants seldom visit the facility, and generally only when they intend to use their vehicle for an occasional weekend or extended travel vacation. Discussions with other R.V. Storage managers revealed similar limited traffic patterns. Projects Positive Elements: 1) Improve and Enhance the aesthetics of the Lincoln Avenue Corridor 2) Eliminate the use of the property as a dump site 3) Produces a substantial increase in tax revenue 4) Less use of Public Utilities than other uses 5) Produces much less traffic than other uses 6) Eliminates Police and Sheriff's ongoing surveillance and activity 7) Eliminates use of property as a staging area for vandalizing of neighbors 8) Eliminates homeless encampments 9) Eliminates the sight of graffiti from Lincoln Avenue and adjacent apartments 10)Eliminate view of our site from apartments by building 12' high block wall and planting trees 11)Local need for RV Storage since parking in neighborhoods recently banned in Anaheim Approval of this request, and the subsequent development of the site, will result in a marked improvement to the neighborhood. It is important to note that the subject property has been an ongoing problem for us, the neighbors, the City and the Police and Sheriffs' Departments. The events are well documented that on several occasions over the years, the "homeless" have regularly broken through our fences, erected tent encampments, painted graffiti on the block walls, dumped trash, mattresses and blankets, personal belongings and human waste and used the property as a staging area to vandalize the R.V. facility and apartment complex located on either sides of, and adjacent to our property. To this day these problems persist. East Property Line While there are very few windows in the apartments that have any views of our site, our project will serve to provide a significant improvement to the unpleasant sights they have endured over the years. There is only one (1) window (2'x3' which appears to be translucent), that directly faces our site, and six (6) windows that have a partial view, since those apartments directly face each other onto a courtyard. 2 Working with the Planning Department, we have designed the project to mitigate any noise or visual nuisance to the apartments: 1) Construct a 10' block wall (12' on the apartment side) to replace an existing 6' high wooden fence in disrepair. 2) Strategically plant six mature trees to further block any view of our site. 3) Only 21 spaces which might affect those units, will be aligned along that wall. 4) Based on our study and the information garnered from other RV Storage facilities, on average, less than one vehicle per day would move in or out of one of those spaces. When viewing our site plan, please note that we have designed the spaces to be perpendicular to that wall. While parking at a 45 degree angle may provide a slightly easier access to the spaces, it seriously limits the number. This limitation is in addition to the limited use of the lot due to its narrowness and the Edison easements. Consequently, the requirement for any set-back for parking along the east wall seriously diminishes the viability of the project. Based on our recent correspondence with the Planning Department,we believe we have mitigated any objections to our site plan, as it exists. We are confident that the subject project will not only be a marked improvement to the area, but also solve the problems described above, and be a positive addition to the neighborhood. If you require more information, please respond to Fred Cartozian, who is representing me on this project. He may be reached at: (562) 714-5622 Very truly yours, Roy E. Hearrean ANAHEIM-CUP Letter to Planning Commission10-2-18 3 MANDATORY REQUIREMENTS CHECKLISTVICINITY MAPPROJECT DIRECTORYANAHEIM, CALIFORNIANEAR DALE STREET2720 WEST LINCOLN AVENUERV STORAGELINCOLN AVENUESHEET INDEXPROJECT DATAPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/21No. C-23871Kenneth K. CarrellSTATEOF CALIFORNIALICENSED ARCHITECTAssociatesv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.com92630-2796Suite 105-AA r c h i t e c t u r e P l a n n i n g D e s i g nLINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIASTRUCTURAL ENGINEERMECHANICAL ENGINEERELECTRICAL ENGINEERARCHITECTSOILS ENGINEERCLIENTCIVIL ENGINEERNOT REQUIREDFred CartozianTELEPHONE: (562) 714-5622Associatesv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.com92630-2796Suite 105-AA r c h i t e c t u r e P l a n n i n g D e s i g nABBREVIATIONSA0.1COVER SHEETNOT REQUIREDNOT REQUIREDNOT REQUIREDNOT REQUIREDATTACHMENT NO. 3 KKCA0.2HANDICAPNOTESSCALEANONEHANDICAP NOTESPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIAA0.2HANDICAPNOTES SCALEBNONESPECIFICATIONSPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIAA0.3SPECS SCALECNONESPECIFICATIONSPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIAA0.4SPECS SCALEDNONESPECIFICATIONSPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIAA0.5SPECS PROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIASCALEENONESPECIFICATIONSA0.6SPECS SCALEFNONEFIRE DEPARTMENT NOTESPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/19No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesA r c h i t e c t u r e R e a l E s t a t ewww.areassociates.comv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.comf. 949.305.416592630-2796Suite 105-ALINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIASCALEGNONEPOLICE DEPARTMENT NOTESA0.7POLICEAND FIREDEPARTMENTNOTES PROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/21No. C-23871Kenneth K. CarrellST A T E OF CALIFORNIALICENSED ARCHI T E CT Associates v. 949.305.4752 Lake Forest, California 25422 Trabuco Road ken@AREAssociates.com 92630-2796 Suite 105-A A r c h i t e c t u r e P l a n n i n g D e s i g n LINCOLN AVENUERV STORAGE 2720 WEST LINCOLN AVENUE NEAR DALE STREET ANAHEIM, CALIFORNIASCALEA1"=30'-0"OVERALL SITE PLANA1.1OVERALLSITE PLAN PROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/21No. C-23871Kenneth K. CarrellST A TE OF CALIFORNIALICENSED ARCHI T E CT Associates v. 949.305.4752 Lake Forest, California 25422 Trabuco Road ken@AREAssociates.com 92630-2796 Suite 105-A A r c h i t e c t u r e P l a n n i n g D e s i g n LINCOLN AVENUERV STORAGE 2720 WEST LINCOLN AVENUE NEAR DALE STREET ANAHEIM, CALIFORNIASCALEB1"=10'-0"ENLARGED SITE PLANA1.2ENLARGEDSITE PLAN TOW AWAY SIGNNONETOW AWAY SIGNKKCA9.1DETAILSPROJECT MANAGERDRAWN BYJOB NUMBERDATEExp. 10/31/21No. C-23871Kenneth K. CarrellSTATE OF CALIFORNIALICENSED ARCHITECTAssociatesv. 949.305.4752Lake Forest, California25422 Trabuco Roadken@AREAssociates.com92630-2796Suite 105-AA r c h i t e c t u r e P l a n n i n g D e s i g nLINCOLN AVENUERV STORAGE2720 WEST LINCOLN AVENUENEAR DALE STREETANAHEIM, CALIFORNIASCALE20SCALE19SCALE18N.T.S.SANITARY WASTE DETAILSSCALE17N.T.S.SANITARY WASTE DETAILSSCALE16SCALE15N.T.S.SANITARY WASTE ELEVATIONSCALE14N.T.S.VACUUM BREAKER DETAILSCALE12SCALE11SCALE10SCALE9SCALE8SCALE7SCALE6SCALE5SCALE4SCALE3SCALE2SCALE1STANDARD PARKING SPACE1/8"=1'-0"02 PARKING 01HANDICAP PARKING SPACE1/8"=1'-0"02 PARKING 02AUTOMATIC GATE OPERATOR1/2"=1'-0"02 FENCE 01VEHICLE GATE-ROLLING1/2"=1'-0"02 FENCE 03PEDESTRIAN GATE1/2"=1'-0"02 GATES 05AWOOD STAIR-BOTTOM LANDING1"=1'-0"06 STAIRS 02WOOD STAIR-TOP LANDING1"=1'-0"06 STAIR 04WOOD HANDRAIL-WALL3"=1'-0"06 STAIR 01RAMP/STAIR DETAIL1/8"=1'-0"RAMPHANDICAP PARKING SIGN1"=1'-0"02 SIGN 01PARKING ENTRANCE SIGNNONEPARKING ENTRANCESCALE13N.T.S.SANITARY WASTE PLANCONCRETE CURB - BASIN3"=1'-0"02 HARDSCAPE 01TRASH ENCLOSURE1/4"=1'-0"02 TRASH 40 ATTACHMENT NO. 4 1AVENUELINCOLN 20'22'+/- 14'53'53'9'11'21'12'9'11'21'12'PROPOSED5' WIDESIDEWALK42'65.00' 26.00'P.A.P.A.P.A.P.A.P.A.P.A.32'18'32'EXIST. STRIPING EXIST. RAISED MEDIAN EXIST. STRIPING EXIST. R/W ULT R/W OFFICE12"19'91.58 TC/FS 91.58 TC/FS 5.6%1.9%NO PARKING91.65 TC/FS91.65 TC/FSP/LJOIN EXIST.P/L23EXIST. SIDEWALKRAMPRAMPAPPROXIMATE LOCATIONFOR EXIST. WATER WELLPER LEGAL DESCRIPTION181112591211133192.00FG(91.55)BW88.40FS(87.00)FG98.40TW88.40FS(86.90)FG101.33TW91.33FS(91.50)FG91.30FS90.83 FS2x4'x4' CB87.61 TG83.61 INV90.40EG90.32FL89.00FS(88.93)FG101.33TW91.00FS(90.05)FG(91.65)BW92.00FG90.00FS(88.81)FG99.33TW89.00FS(87.99)FG100.00TW90.00FS(88.58)FG88.20FS1112"Ø SD PIPE81.00 INV ELSTA 0+6610"Ø HDPESD PIPE83.00 OUTLETINV ELS=2.75%88.54EG88.46FLST. LTST. LT EXIST. WALLEXIST. 12" PVC PIPEPB EXIST. PPEXIST. PPEXIST. PPEB EXIST. ELEC. MH RWEXISTINGAPARTMENTSEXISTINGEXISTING EXISTING EXISTINGEXISTING ANAHEIM RV STORAGEA.P.N. 126-022-13EXISTING EXISTING EXIST. 10" C.I.P. WATER ST. LT 91.20 FS90.97FS91.00FS(88.81)FG9191 8988888991 P.A.91.65 TC/FSEXISTING OVERHEAD HIGH POWER TRANSMISSIONLINES ALONG WESTERLY SIDE OF PROPERTYSCULTECCHAMBERSWS R CREEK CHANNELP.A.P.A.PR-2WMEXIST. 12" V.C.P. SEWER LINE, 37'± S/O C/LEXIST. TELEPHONE LINE, 25'± N/O C/LEXIST. 8" HP GAS LINE, 35'± S/O C/LEXIST. 12KV ELECTRICAL LINE, 25'± S/O C/LEXIST. 8" SEWER LINE, 37'± N/O C/LEXIST. CABLE TV LINE, 37.5'± N/O C/LEXIST. FIBER OPTIC LINE, 19.5'± S/O C/LEXIST. CABLE TV LINE, 36.5'± S/O C/L564.00'AVENUEEX. SMH66'12'53'53'BBAAS00°30'34"W 594.98'N00°30'34"E 601.42'S89°37'41"E 132.50' N89°40'36"W 104.10'N77° 46' 39"E29.12'EXISTING BLOCK WALLTO REMAIN0.6%0.6%0.6%0.6%1.4%1.0%1.0% 1.4%1.1% 1.6%1.4% 1.0%1.0%0.5%0.5%0.5%0.5%0.5%0.4%0.5%EXISTING BLOCK WALLTO REMAINSEE DETAIL ON SHT 3 SEE DETAIL ON SHT 31014'LIMIT FLOOD ZONE AH (EL = 91.30)LIMIT FLOOD ZONE AH (EL = 91.30)WMWWWWEXIST. 16" D.I.P. WATER LINE, 15'± N/O C/L106'41'41'11.5'11.5'17'LINCOLN 15151520'21'20'BUILDING SETBACK LINE(91.30)TC(90.63)FL(90.77)EGCCSEE DETAIL ON SHT 3 APARTMENTSAPARTMENTS APARTMENTS APARTMENTS APARTMENTS APARTMENTSOFFICETRAILER5'x7' PRETREATMENT SYSTEM87.70 TG81.10 OUTLET INV83.50 INLET INV1.0%45'36'EDGE OF CONC.CARBON 61.83'70.67'(91.39)TC(90.74)FL(90.85)EGEX. SMH90.75 LIP(90.69)FLTYP.TYP.TYP.TYP.3.18%9090GBPROPOSED7' STREETDEDICATIONSEE SHT C8FOR DETAILR=25'TYP.R=25'TYP.20'39'40ft RV Design Vehicle APPROXIMATE LOCATIONFOR EXIST. WELL PERLEGAL DESCRIPTION9610'TRASHP/LP/LP/LP/L147P/LP/LP/L4EX. DWY20'22'82.00INVS (91.36)TC(90.69)FL(90.78)EGCONSTRUCT CONCRETEOUTLET STRUCTURE AT CONCRETE CHANNEL18"Ø RCP SD PIPESTA 0+0081.00 OUTLET INV ELT. M.811PRECISE GRADING PLANDISPOSITION NOTES:1 EXISTING SCE POWER POLE TO BE PROTECTED IN PLACE.2 SAWCUT & REMOVE EXISTING CURB & GUTTER.3 SAWCUT & REMOVE EXISTING P.C.C. SIDEWALK.4 SAWCUT & REMOVE EXISTING AC PAVEMENT.5 REMOVE EXISTING CHAIN LINK FENCE.6 REMOVE EXISTING CURB7 EXISTING STREET LIGHTING PULL BOX TO BE PROTECTED IN PLACE.8 EXISTING ELECTRIC BOX TO BE RELOCATED.GRADING:1 CONSTRUCT COMMERCIAL DRIVEWAY APPROACH PER CITY OF ANAHEIM STD. NO. 115-B,CASE 1, R=12'.2 CONSTRUCT 5" THICK ASPHALT CONCRETE OVER 6" AGGREGATE BASE OVER 90%COMPACTED SUBGRADE.3 CONSTRUCT 48" WIDE CONCRETE GUTTER PER DETAIL ON SHEET 4.4 CONSTRUCT AUTOMATIC GATE AT ENTRANCE (GATE TO BE GROUNDED).5 PROPOSED MASONRY BLOCK WALL PER SEPARATE BLOCKWALL PLAN AND PERMIT.6 CONSTRUCT 6" HIGH P.C.C. CURB ONLY PER DETAIL ON SHEET 4.7 CONSTRUCT 8" HIGH P.C.C. CURB AND 24" GUTTER PER CITY OF ANAHEIM STD. NO. 120,TYPE "A", DETAIL ON SHEET 4.8 CONSTRUCT 4" THICK P.C.C ADA SIDEWALK PER CITY OF ANAHEIM STANDARD DETAIL NO.110-B & SOILS REPORT RECOMMENDATIONS; MAX CROSS SLOPES 2% & MAX SLOPE OF5% IN THE DIRECTION OF TRAVEL.9 INSTALL HANDICAP PARKING SIGNS AND STRIPING PER CALTRANS STANDARD PLANSA90A & A90B, DETAILS SHOWN ON SHEET 3.10 SIGHT DISTANCE AREA PER CITY OF ANAHEIM STANDARD PLAN NO. 115-B, NOTE #311 SAWCUT AND REMOVE 12" STRIP OF EXISTING ASPHALT PAVEMENT AND BASEREPLACE A.C. AND A.B. PER SPPWC STD. PLAN 133-3 CASE 2 . A.C. SHALL BE 1"THICKER THAN EXISTING PAVEMENT.EASEMENTS:THE FOLLOWING ARE EASEMENTS FROM TICOR TITLE COMPANY, TITLEREPORT ORDER NUMBER 448845-996-BU1, DATED SEPTEMBER 25, 2018.NOTE: NUMBERS IN HEXAGONS ARE ITEM NUMBERS PER SAID REPORT.USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER,IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID TRACTAND RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION ORDRAINAGE DITCHES THROUGH SAID LAND TO IRRIGATES OR DRAIN THEADJACENT LAND, AS REFERENCED IN A DEED RECORDED IN BOOK 87,PAGE 286 OF DEEDS. (NO EXACT LOCATION PER SAID DOCUMENT).AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANYLTD, FOR POLE LINES AND INCIDENTAL PURPOSES, RECORDEDJANUARY 8, 1931 IN BOOK 452, PAGE 24 OF OFFICIAL RECORDS.WAIVER OF ANY CLAIMS FOR DAMAGES TO SAID LAND BY REASON OFTHE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OFTHE STREET OR HIGHWAY ADJOINING SAID LAND, AS CONTAINED INTHE DEED TO STATE OF CALIFORNIA RECORDED DECEMBER 7, 1955 INBOOK 3306, PAGE 365 OF OFFICIAL RECORDS.(SAID WAIVER WITHIN LINCOLN AVENUE RIGHT-OF-WAY).THE EFFECT OF AN AGREEMENT REGARDING A WOOD UTILITY POLESLOCATED ON SAID LAND. EXECUTED BY JAMES W. JAMES AND JOANHELEN JAMES, HUSBAND AND WIFE AND SOUTHERN CALIFORNIAEDISON, A CALIFORNIA CORPORATION, DATED MARCH 25, 1957 INBOOK 3887, PAGE 508 OF OFFICIAL RECORDS.AN EASEMENT FOR SIDE YARD GRANTED TO STATES WIDE INVESTORSINC., A CALIFORNIA CORPORATION RECORDED IN BOOK 9728, PAGE 566OF OFFICIAL RECORDS. BOOK 3887, PAGE 508 OF OFFICIAL RECORDS.EASEMENT GRANTED TO CITY OF ANAHEIM FOR POLE LINES ANDCONDUITS, RECORDED IN BOOK 9761, PAGE 408 OF OFFICIAL RECORDS.(SAID EASEMENT OUTSIDE SUBJECT PARCEL).5679DRAINAGE:21 CONSTRUCT 2 x 48"x48"x48" PRECAST CATCH BASINS WITH FILTERINSERT - FLOGARD+PLUS MODEL FGP-48F PER DETAIL ON SHEET 5.22 CONSTRUCT 10" ADS N-12 WT IB HDPE STORM DRAIN PIPE PER ADSINC. OR APPROVED EQUAL.23 CONSTRUCT 12" ADS N-12 WT IB HDPE STORM DRAIN PIPE PER ADSINC. OR APPROVED EQUAL.24CONSTRUCT 18"Ø RCP STORM DRAIN PIPE, D LOAD = 2200.25 CONSTRUCT TRANSITION STRUCTURE PIPE TO PIPE PER SPPWC STD340-2 (D1 = 18" AND D2=10").26 CONSTRUCT OUTLET STRUCTURE ON CONCRETE CHANNEL PER DETAILON SHEET 4.27CONSTRUCT 6 ROWS WATER QUALITY CULTEC CHAMBERS PER DETAILON SHEET 4, MODEL 902HD, PER TRAFFIC RATED CULTECINSTALLATION STANDARDS AND SPECIFICATIONS (800) 4-CULTEC PERDETAIL ON SHEET 5, OR APPROVED EQUALBED WIDTH = 44.75', BED LENGTH = 36.04' NUMBER OF CHAMBERS PROVIDED = 54 VOLUME PROVIDED= 5,827 CF. , VOLUME REQUIRED = 5,563 CF.28 CONSTRUCT MEMBRANE FILTRATION SYSTEM WITH PRETREATMENTMODEL K-4-6 PER STANDARDS AND SPECIFICATIONS BIO-CLEAN, AFORTERRA COMPANY PER DETAIL ON SHEET 5, OR APPROVED EQUAL.INIT.DATEDESCRIPTIONAPP'D DATESAMIR M. KHOURY R.C.E. 30567, EXPIRES 3-31-2022SHEET OFSCALE: 1" = 30'DRAWN BY: DCTCHECKED BY: SMKENGINEER:PREPARED BY:REVISIONS NO.CITY OF ANAHEIM USE ONLY FOR CITY DESCRIBED BY OCS 2002 - FOUND 3 34" OCS ALUMINUMBENCHMARK DISK STAMPED "1M-5-82", SET IN THE SOUTHERLYCORNER OF A 4 FT. BY 11 FT. CONCRETE CATCH BASIN.MONUMENT IS LOCATED IN THE NORTHEASTERLY CORNER OF THEINTERSECTION OF LINCOLN AVENUE AND DALE STREET, 34.7 FT.EASTERLY OF THE CENTERLINE OF DALE AND 76.7 FT. NORTHERLYOF THE CENTERLINE OF LINCOLN. MONUMENT IS SET LEVEL WITHTHE SIDEWALK.1718 N. NEVILLE STREET, ORANGE, CA 92865COORY ENGINEERINGTEL: (714) 202-8700 FAX: (714) 202-8701CIVIL ENGINEERING & LAND SURVEYINGRI MAS LIVICM.KHOURYBENCH MARK:I HEREBY CERTIFY THAT:1.THESE PLANS HAVE BEEN PREPARED UNDER MY SUPERVISION.2.THE GRADING SHOWN HEREON WILL NOT DIVERT DRAINAGEFROM ITS NATURAL DOWNSTREAM COURSE OR OBSTRUCTTHE DRAINAGE OF ADJACENT PROPERTIES.NO. 1M-5-82ELEVATION: 87.041'(NAVD 1988, ADJUSTED 2005)2 930'20'60'0'10'DETAIL "A"GRA2018-03381R99R7-8BR99BR100BSEE STORM DRAINPROFILE DETAILON SHEET 4CONSTRUCTION NOTES:1112AT STA 102+00 PER CITY STREET PLAN NO. 24627NOT TO SCALETYPICAL SECTION OF LINCOLN AVENUE53'60'7'STREETDEDICATION12'41'9'32'19'41'9'EX. 2.5'STAMPEDCONCRETE32'53'ULTIMATESOUTHR/WEXISTSOUTHR/WEX. 2.5'STAMPEDCONCRETEEX. 18' WIDERAISED MEDIANPROPOSED5' WIDE CONCSIDEWALKPROPOSED 4" THICK P.C.C. PAVEMENT3 SAWCUT & REMOVE EXISTING P.C.C. SIDEWALK.+/- 14'PLANTINGAREA2" 37 CONSTRUCT 4" THICK P.C.C ADA SIDEWALK PER CITYOF ANAHEIM STANDARD DETAIL NO. 110-B & SOILSREPORT RECOMMENDATIONS; MAX CROSS SLOPES 2%& MAX SLOPE OF 5% IN THE DIRECTION OF TRAVEL.EX. ACPAVEMENTEX. ACPAVEMENTEX. PLANTINGAREA5' - 2"EX. CONCSIDEWALK12'EXISTNORTHR/W9 EXISTING WOOD FENCE TO BE REMOVED.10 EXISTING RISER PIPE TO BE REMOVED.11 EXISTING CATCH BASIN TO BE PROTECTED IN PLACE.12 EXISTING WELL TO BE CAPPED OFF BY SEPARATE PERMIT.13 EXISTING ACCESS GATE TO BE PROTECTED IN PLACE.14 EXISTING STREET LIGHT TO BE PROTECTED IN PLACE.15 EXISTING STREET STRIPING TO REMAINALL BLOCK/ RETAINING WALLS SHALL BE REVIEWED AND PERMITTEDSEPARATELY BY THE CITY OF ANAHEIM BUILDING DEPARTMENT.ALL WORK WITHIN THE RIGHT-OF-WAY TO BE PER SEPARATE RIGHT-OF-WAYCONSTRUCTION PERMIT (RCP).CASH-IN-LIEU PAYMENT SHALL BE REQUIRED FOR FUTURE CURB WIDENINGALONG LINCOLN AVENUE AS DIRECTED BY THE CITY ENGINEER.FOR ENTITLEMENT PURPOSES ONLY. NOT FOR CONSTRUCTION.EX. CURB& GUTTERATTACHMENT NO. 5 APPROXIMATE LOCATIONFOR EXIST. WATER WELLPER LEGAL DESCRIPTION11S=2.75%ST. LTEXIST. 2'X2' CBST. LT SDEXIST. WALLEXIST. 12" PVC PIPEPB EXIST. PPEXIST. PPEXIST. PPEB EXIST. ELEC. MH RWEXISTINGAPARTMENTSEXISTINGEXISTING EXISTING EXISTINGEXISTING ANAHEIM RV STORAGEA.P.N. 126-022-13EXISTING EXISTING EXIST. 10" C.I.P. WATER ST. LT9191 89888889 P.A.EXISTING OVERHEAD HIGH POWER TRANSMISSIONLINES ALONG WESTERLY SIDE OF PROPERTYSCULTECCHAMBERSWS SDWATER & AIRWASTE DUMPPORTABLESTORAGE BIN434144 CREEK CHANNELSEE LANDSCAPING PLANFOR CONTINUATIONP.A.P.A.PR-2WMEXIST. 12" V.C.P. SEWER LINE, 37'± S/O C/LEXIST. TELEPHONE LINE, 25'± N/O C/LEXIST. 8" HP GAS LINE, 35'± S/O C/LEXIST. 12KV ELECTRICAL LINE, 25'± S/O C/LEXIST. 8" SEWER LINE, 37'± N/O C/LEXIST. CABLE TV LINE, 37.5'± N/O C/LEXIST. FIBER OPTIC LINE, 19.5'± S/O C/LEXIST. CABLE TV LINE, 36.5'± S/O C/L64.00'AVENUEEX. SMH66'12'53'53'S00°30'34"W 594.98'N00°30'34"E 601.42'S89°37'41"E 132.50' N89°40'36"W 104.10'N77° 46' 39"E29.12'EXISTING BLOCK WALLTO REMAIN0.6%0.6%0.6%0.6%1.4%1.0%1.0% 1.4%1.1% 1.6%1.4% 1.0%1.0%0.5%0.5%0.5%0.5%0.5%0.4%0.5%EXISTING BLOCK WALLTO REMAIN5414'LIMIT FLOOD ZONE AH (EL = 91.30)LIMIT FLOOD ZONE AH (EL = 91.30)WMWWWW52515342EXIST. 16" D.I.P. WATER LINE, 15'± N/O C/L106'41'41'525111.5'11.5'17'LINCOLN 20'21'20'BUILDING SETBACK LINEAPARTMENTSAPARTMENTS APARTMENTS APARTMENTS APARTMENTS APARTMENTS1.0%45'36'EDGE OF CONC.CARBON 61.83'70.67'EX. SMH3.18%9090PROPOSED7' STREETDEDICATION20'39'565540ft RV Design Vehicle 55NO PARKING APPROXIMATE LOCATIONFOR EXIST. WELL PERLEGAL DESCRIPTION9610'P/LP/LP/LP/LP/LP/LP/LULTIMATE R/WEXIST R/W EX. DWY20'22'S EXISTING SCE POLETO REMAIN (TYP.)T. M.811COMPOSITE UTILITY PLANUTILITY CONSTRUCTION NOTES:WATER:INIT.DATEDESCRIPTIONAPP'DDATESHEET OFSCALE: 1" = 30'DRAWN BY: DCTCHECKED BY: SMKENGINEER:NO.INIT.DATEDESCRIPTIONAPP'DDATESAMIR M. KHOURY R.C.E. 30567, EXPIRES 3-31-2022SHEET OFSCALE: 1" = 30'CHECKED BY: SMKENGINEER:PREPARED BY:REVISIONS NO.CITY OF ANAHEIM USE ONLY FOR CITY DESCRIBED BY OCS 2002 - FOUND 3 34" OCS ALUMINUMBENCHMARK DISK STAMPED "1M-5-82", SET IN THE SOUTHERLYCORNER OF A 4 FT. BY 11 FT. CONCRETE CATCH BASIN.MONUMENT IS LOCATED IN THE NORTHEASTERLY CORNER OF THEINTERSECTION OF LINCOLN AVENUE AND DALE STREET, 34.7 FT.EASTERLY OF THE CENTERLINE OF DALE AND 76.7 FT. NORTHERLYOF THE CENTERLINE OF LINCOLN. MONUMENT IS SET LEVEL WITHTHE SIDEWALK.1718 N. NEVILLE STREET, ORANGE, CA 92865COORY ENGINEERINGTEL: (714) 202-8700 FAX: (714) 202-8701CIVIL ENGINEERING & LAND SURVEYINGRI MAS LIVICM.KHOURYBENCH MARK:I HEREBY CERTIFY THAT:1.THESE PLANS HAVE BEEN PREPARED UNDER MY SUPERVISION.2.THE GRADING SHOWN HEREON WILL NOT DIVERT DRAINAGE FROM ITSNATURAL DOWNSTREAM COURSE OR OBSTRUCT THE DRAINAGE OFADJACENT PROPERTIES.NO. 1M-5-82ELEVATION: 87.041'(NAVD 1988, ADJUSTED 2005)ABBREVIATION:C.I.P. D.I.P EXIST.CORRUGATED IRON PIPEDUCTILE IRON PIPEEXISTINGELECT.P/ASELECTRICPLANTING AREASANITARY SEWERSMHST. LT.SEWER MANHOLESTREET LIGHTV.C.P.WW.M .VITRIFIED CLAY PIPEWATERWATER METERE.BELECTRIC BOX8930'20'60'0'10'SEWER:41 CONSTRUCT 6" VCP SEWER PIPE PER CITY OF ANAHEIM STANDARD PLAN NO. 222-1.42 CONSTRUCT 6" SDR 35 SEWER PIPE PER CITY OF ANAHEIM STANDARD PLAN NO. 222-1.43 CONNECTION TO EXISTING SEWER PER SPPWC PLAN NO. 222.2.44 INSTALL 4" CLEANOUT PER SPPWC PLAN NO. 204-2 DETAIL SHOWN HEREON.54 INSTALL 1" ON-SITE DOMESTIC COPPER PIPE WATER SUPPLY LINE, TYPE "K"(PRIVATE LINE)ABBREVIATIONSNTS444" SEWER/DRAIN CLEANOUT IN ASPHALT PAVEMENT45°MIN.4" DIA. P.V.C. PIPECLEANOUT FEMALEADAPTOR (NO. 4P11)℄ CLEANOUTBROOKS PRODUCTS NO. 3-RT 10"ØTRAFFIC VALVE BOX WITH "STORM DRAIN"OR SEWER MARK ON COVERASPHALT PAVEMENT(SEE PLAN FOR TYPE)4" DIA. P.V.C. MALE PIPE THREAD CLEANOUT PLUG(NO. 61P8) WITH "SD" (STORM DRAIN) OR "S.S."(SANITARY SEWER) MARK ON TOP OF PLUGMIN.4" DIA. P.V.C. PIPE AS REQUIRED1/8 (45°) "STREET ELBOW"BEND (NO. 4P03ST)MAIN LINE WYE FITTING WITH4" BRANCHPLUG AT ENDOF LINESLOPE AS SHOWN ON PLANPROPOSED SANITARY SEWER OR STORMDRAIN PIPE. (FOR SIZE AND TYPE SEE PLAN)2,500 PSI CONCRETEGRA2018-03381T. M.81151 FURNISH AND INSTALL 1-INCH DOMESTIC WATER SERVICE COPPER TYPE "K"LATERAL, METER AND BOX PER CITY STD. NO. W-101 (PER UWM 2018-00041)53 INSTALL 1-INCH REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTERASSEMBLY LEAD FREE WITH ENCLOSURE PER CITY STD. NO. W-104 AND DETAILN0. 512 (PER UWM 2018-00041)IRRIGATION RPPA MAY NOT HAVE TO BE LEAD FREE52 FURNISH AND INSTALL 1-INCH IRRIGATION WATER SERVICE COPPER TYPE "K"LATERAL, METER AND BOX PER CITY STD. NO. W-101 (PER UWM 2018-00041)55 SAWCUT AND OPEN TRENCH FOR UTILITY INSTALLATION, PIPE BEDDING,BACKFILL, TRENCH REPLACEMENT PER CITY STD. NO. 132 AND W-180.TRENCH REPLACEMENT:56 SAWCUT, REMOVE AND RECONSTRUCT EXISTING RAISED MEDIAN FOR WATERSERVICES PER UWM .EASEMENTS:THE FOLLOWING ARE EASEMENTS FROM TICOR TITLE COMPANY, TITLEREPORT ORDER NUMBER 448845-996-BU1, DATED SEPTEMBER 25, 2018.NOTE: NUMBERS IN HEXAGONS ARE ITEM NUMBERS PER SAID REPORT.USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER,IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID TRACTAND RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION ORDRAINAGE DITCHES THROUGH SAID LAND TO IRRIGATES OR DRAIN THEADJACENT LAND, AS REFERENCED IN A DEED RECORDED IN BOOK 87,PAGE 286 OF DEEDS. (NO EXACT LOCATION PER SAID DOCUMENT).AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANYLTD, FOR POLE LINES AND INCIDENTAL PURPOSES, RECORDEDJANUARY 8, 1931 IN BOOK 452, PAGE 24 OF OFFICIAL RECORDS.WAIVER OF ANY CLAIMS FOR DAMAGES TO SAID LAND BY REASON OFTHE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OFTHE STREET OR HIGHWAY ADJOINING SAID LAND, AS CONTAINED INTHE DEED TO STATE OF CALIFORNIA RECORDED DECEMBER 7, 1955 INBOOK 3306, PAGE 365 OF OFFICIAL RECORDS.(SAID WAIVER WITHIN LINCOLN AVENUE RIGHT-OF-WAY).THE EFFECT OF AN AGREEMENT REGARDING A WOOD UTILITY POLESLOCATED ON SAID LAND. EXECUTED BY JAMES W. JAMES AND JOANHELEN JAMES, HUSBAND AND WIFE AND SOUTHERN CALIFORNIAEDISON, A CALIFORNIA CORPORATION, DATED MARCH 25, 1957 INBOOK 3887, PAGE 508 OF OFFICIAL RECORDS.AN EASEMENT FOR SIDE YARD GRANTED TO STATES WIDE INVESTORSINC., A CALIFORNIA CORPORATION RECORDED IN BOOK 9728, PAGE 566OF OFFICIAL RECORDS. BOOK 3887, PAGE 508 OF OFFICIAL RECORDS.EASEMENT GRANTED TO CITY OF ANAHEIM FOR POLE LINES ANDCONDUITS, RECORDED IN BOOK 9761, PAGE 408 OF OFFICIAL RECORDS.(SAID EASEMENT OUTSIDE SUBJECT PARCEL).56791112ALL WORK WITHIN THE RIGHT-OF-WAY TO BE PER SEPARATE RIGHT-OF-WAYCONSTRUCTION PERMIT (RCP).FOR ENTITLEMENT PURPOSES ONLY. NOT FOR CONSTRUCTION. ATTACHMENT NO. 6 Project Site: Looking Southwest from Front Project Site: Looking Southeast from Front ATTACHMENT NO. 7 Project Site: Looking North from South end of Lot Looking Southeast from Lincoln Ave. median Looking North at Anaheim RV’s (North lot) from front of Project Site Looking West at Anaheim RV’s (South lot) from Front of Project Site 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. PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 3, 2020 SUBJECT: ZONING CODE AMENDMENT NO. 2020-00170 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide standards and regulations for unlicensed community care facilities and sober living homes. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the proposed draft ordinance (Attachment 1) is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(2), 15060(c)(3), and 15301; and, that the City Council adopt the proposed ordinance. BACKGROUND: This item was agendized for the July 6, 2020 Planning Commission meeting. At that meeting, the Planning Commission continued the public hearing to this meeting in consideration of continuance requests (Attachment 4)received from representatives of Lighthouse Treatment Center and the California Consortium of Addiction Programs and Professionals (“CCAPP”). In preparation for this hearing, staff communicated with, and received comments on, the original staff report and draft ordinance from Lighthouse Treatment Center and from CCAPP. This correspondence is included as Attachment 5. Staff held a meeting with representatives from Lighthouse Treatment Center, CCAPP, and the Orange County Recovery Collaboration (“OCRC”) on July 20, 2020 to further discuss their comments. Based on an evaluation of the comments received and the aforementioned stakeholder discussions, staff identified several changes to the draft ordinance that address a number of the concerns raised by the stakeholder groups, while balancing the City’s goal of establishing appropriate regulations for these unlicensed facilities. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 ZONING CODE AMENDMENT NO. 2020-00170 August 3, 2020 Page 2 of 3 PROPOSAL: The revised Draft Ordinance is provided for Planning Commission consideration as Attachment 1 herein, with redlined corrections provided as Attachment 2. Proposes revisions to the draft ordinance are summarized below: 1. The amount of time that unlicensed Community Care Facilities and Sober Living Homes have to apply to the City for initial registration/permit was extended from 90 days to 180 days. 2. The draft ordinance was revised to indicate that: 1) Sober Living Homes are exempt from the 800 foot separation requirement if an application for an Operator’s Registration or Operator’s Permit is received within 180 days of the effective date of this ordinance; and 2) Unlicensed Community Care Facilities are exempt from the 300 foot separation requirement if an application for registration is received within 180 days of the effective date of the ordinance. 3. References to the transient nature of unlicensed community care facility populations, especially sober living home residents, and their lack of established ties to the community have been removed. 4. The period of time where a conviction or plea of no lo contendere would serve as grounds for denial or revocation of an Operator’s Registration or Operator’s Permit was reduced from 10 years to 5 years for an Owner/Operator and from 10 years to 3 years for a staff person. 5. References to Alcoholics Anonymous and Narcotics Anonymous have been removed as examples of legitimate recovery programs located off-site such that no particular program is specified in the draft ordinance. 6. The requirement for a house manager to be on-site on a 24 hour basis was revised to provide that a house manager must be on-site on a 24 hour basis or be available 24 hours, 7 days a week to physically respond within 45 minutes of notice. 7. The provision for the Planning Director to add written policies and procedures to operational standards and policies has been removed such that any changes to the list of required policies and procedures would require amendment of the ordinance. 8. The requirement that Sober Living Homes have and implement rules regarding possession, use, and storage of prescription medications has been removed. The definitions, ministerial nature of the regulatory registration or permit, and tables indicating where uses subject to the ordinance would be permitted, conditionally permitted, and/or prohibited remain the same in the revised draft ordinance. Environmental Impact Analysis Staff recommends that the Planning Commission recommend that the City Council determine that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. In addition, staff recommends the Planning Commission find that the effects of the proposed ordinance and the issuance of the Operator’s Registration and Regulatory Permit and are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed ordinance would regulate and permit unlicensed Community Care Facilities and Sober Living Homes to operate in existing single-family residential ZONING CODE AMENDMENT NO. 2020-00170 August 3, 2020 Page 3 of 3 homes. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: The proposed ordinance has been revised based on stakeholder correspondence received prior to this public hearing. The proposed ordinance would provide reasonable standards and regulations for unlicensed Community Care Facilities and Sober Living Homes. The proposed regulations and standards would provide for a quality living environment for the residents of such facilities while preserving the residential characteristics of surrounding neighborhood in which such facilities are located. In addition, the proposed amendment furthers the purpose of the Federal Fair Housing Act Amendments (“FHAA”), the California Fair Employment Housing Act (“FEHA”) and California’s Lanterman Act by allowing these facilities to be located in residential neighborhoods, providing the disabled with the opportunity to enjoy a dwelling in a manner similar to that enjoyed by the non-disabled. When operated responsibly, unlicensed community care facilities and sober living homes provide a societal benefit by providing the disabled the opportunity to live in residential neighborhood, as well as providing support for individuals attempting to overcome their drug and alcohol addictions. As such, staff recommends that the Planning Commission, by motion, recommend approval of the proposed Zoning Code Amendment to the City Council. Prepared by, Submitted by, Niki Wetzel, AICP Ted White Deputy Planning and Building Director Planning and Building Director Attachments: 1. Draft City Council Ordinance 2. Draft City Council Ordinance – Redline 3. July 6, 2020 Planning Commission Staff Report 4. Lighthouse Treatment Center and the California Consortium of Addiction Programs and Professionals (“CCAPP”) Continuance Requests 5. Correspondence Received from Lighthouse Treatment Center (dated July 8 and 9, 2020) and the California Consortium of Addiction Programs and Professionals (“CCAPP”) (dated July 17, 2020) 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMI LY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL- PURPOSE ZONES); 18.16 (REGULATORY PERMITS); 18.22 (BROOKHURST COMMERCIAL CORRIDOR (BCC) OVERLAY ZONE); 18.24 (SOUTH ANAHEIM BOULEVARD CORRIDOR (SABC) OVERLAY ZONE; 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.42 (PARKING AND LOADING); 18.92 (DEFINITIONS); 18.112 (MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SP 90-4) ZONING AND DEVELOPMENT STANDARDS); 18.116 (ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2) ZONING AND DEVELOPMENT STANDARDS); 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS); AND 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017- 1) ZONING AND DEVELOPMENT STANDARDS) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15060(C)(2) AND 15060(C)(3) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IT IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2020-00170) (DEV2020-00002) WHEREAS, under the California Constitution, Article XI, Section 7, the City of Anaheim (“City”) is granted broad police powers to preserve public health and safety and general welfare of their residents; and WHEREAS, in exercising its police power, the City may act to restrict residential zones to specified types of uses deemed compatible with such areas to promote public health, safety and general welfare; and WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibits pubic agencies from making land use decisions or policies that exclude or otherwise discriminate against persons with disabilities or other protected classes; and ATTACHMENT NO. 1 2 WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to the disabled, to free the disabled from institutional style living to the extent possible, and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide reasonable accommodation to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and WHEREAS, cities are required to treat state licensed community care facilities and alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents as a residential use; and WHEREAS, any facility which provides non-medical alcoholism or drug abuse recovery, treatment or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs (“ADP”). Health and Safety Code Section 11834.30 provides that no person “shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to provide recovery, treatment or detoxification services” without first obtaining an ADP license; and WHEREAS, in enacting this Ordinance the City Council desires to strike a balance between the City’s and residents’ interest in preserving the residential characterist ics of residential neighborhoods and providing opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled; and WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as state licensed and non-state licensed community care facilities, and state-licensed alcoholism or drug recovery or treatment facilities and non-state licensed alcoholism or drug recovery or treatment facilities hereinafter “Sober Living Homes”). This increase in such facilities has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and WHEREAS, according to the California Consortium of Addiction Programs and Professionals (CCAPP), Sober Living Homes are intended to provide alcohol and drug-free support in a comfortable living environment for the maintenance of a clean and sober lifestyle ; and WHEREAS , the City receives continuous resident complaints regarding these facilities located within residential neighborhoods, expressing concerns such as overcrowding , parking, noise, and loitering; and WHEREAS, records from the State of Californ ia Department of Social Services (“DSS”) from May 28, 2020 show that the City is home to more than 100 state licensed community care facilities in the category of adult residential facility, which are typically located within single- family residential neighborhoods; and WHEREAS, records from the State of California Department of Health Care Services (“DHCS”) from May 28, 2020 show that the City is home to 15 licensed and/or certified 3 alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of 10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four cities in Orange County that provides more than 200 beds within its jurisdiction; and WHEREAS, the Orange County Sheriff Department (“OCSD”) administers Orange County Adult Alcohol & Drug Sober Living Facilities Certification Program, which is a voluntary certification program for sober living homes without a state license. The purpose of this program is to provide access to quality residential facilities for the persons in need of drug and alcohol free recovery environments and to promote public safety. As of May 27 , 2020, there are 16 sober living homes in Orange County that is certified by the OCSD, providing 215 beds. Among these, six facilities are located in the City, providing 62 beds. Because this is a voluntary program, it is unlikely to represent all sober living homes operating County-wide; and WHEREAS, there is no required licensing, certification, or registration for non-state licensed community care facilities or Sober Living Homes, thus, the exact number of these facilities within the City is unknown; and WHEREAS, overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods; and WHEREAS, th is Ordinance proposes to classify non-state licensed community care facilities and Sober Living Homes with six or fewer persons as residential use, provide a process whereby such facilities may locate in the residential neighborhoods, and establish certain standards to ensure quality living environment for the residents of such facilities while preserving the residential characteristics of surrounding neighborhood in which such facilities are located; and WHEREAS, this Ordinance will also provide a mechanism for such facilities to seek additional accommodation upon making a showing, as required by state and federal law, that such additional accommodat ion is reasonably necessary to afford the disabled the right to use and enjoy a dwelling in a manner similar to that enjoyed by the non-disabled; and WHEREAS, permitting six or fewer residents in these facilities home and establishing distance requirements is reasonable and non-discriminatory because: (1) the State legislature in establishing state licensed community care and alcoholism or drug abuse recovery or treatment facilities as a residential use, including group homes serving recovering addicts, found that six residents was a sufficient number to provide the supportive living environment that experts agree is beneficial to recovery; (2) a 1997 study by the American Planning Association recommended that residential care facilities should not be concentrated in a single neighborhood or block and that if they were to locate next to another or be placed on the same block, the ability of the residents of such facilities to be normalized into the community would be compromised; and (3) limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery; and WHEREAS, housing inordinately large numbers of unrelated adults in a single-family home or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to “live in normal residential surroundings,” but rather places them into living environments bearing more in common with the types of institutional, campus, and/or dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, 4 and which no reasonable person could contend provides a life in a normal residential surrounding; and WHEREAS, non-state licensed community care facilities, especially Sober Living Homes, often do not function as a single housekeeping unit nor do they fit the City’s zoning definition of a single housekeeping unit, as proposed, for the following reasons: (1) the residents generally do not have established ties to each other when they move in; (2) the residents have little to no say about who lives or doesn’t live in the home; (3) the residents do not generally share expenses; (4) the residents are often responsible for their own food, laundry and phone; (5) when residents disobey house rules they are often simply removed from the house; (6) there is a third party property manager (i.e. house manager) that oversees the operation of the facility; and WHEREAS, because of the residents’ independence from each other, non-state licensed community care facilities, especially sober living homes, may present problems not typically associated with more traditional single-family uses, including disproportionate numbers of cars associated with the facility, which may cause parking problems in the neighborhood; and WHEREAS, many residential neighborhoods in the City currently experiences parking issues, and the City has seen increased concerns from the residents, business owners and others in the community regarding overflow parking into single-family neighborhoods throughout the City. This is evident in increase in the number of petitions filed for Residential Permit Parking Program and the recent ly proposed Zoning Code amendment related to residential parking standards. As such, a requirement for all resident vehicles associated with non-state licensed community care facilities and sober living homes to be parked on-site is appropriate; and WHEREAS, a 300-foot distance requirement for non-state licensed community care facilities is appropriate as it is consistent with the State Law that regulates state licensed community care facilities, which states that there is an overconcentration of stat e licensed facilities if such facilities are separated by a distance of 300 feet or less; and WHEREAS, a 800-foot distance requirement for sober living homes is appropriate, as it is consistent with an average block length of a typical residential neighborhood in the City and therefore provides a reasonable market for the purchase and operation of a Sober Living Home in the City while preventing overconcentration of Sober Living Homes; and WHEREAS, even with the distance requirements, non-state licensed community care facilities and sober living homes are receiving preferential treatment in that non-disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and WHEREAS, notwithstanding the above, the City Council recognizes that when operated responsibly, non-state licensed community care facilities and Sober Living Homes provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing support for individuals attempting to overcome their drug and alcohol addictions; and WHEREAS, without some regulation, it is not feasible to ensure that the individuals entering into non-state licensed community care facilities and Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; that such facilities 5 are operated professionally to minimize impacts to the surrounding neighborhood; that the secondary impacts from over concentration of such facilities in a neighborhood are lessened; and , that residents, who are especially vulnerable to becoming homeless upon eviction, are provided information regarding available local housing resources prior to eviction; 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 Planning Commission of the City of Anaheim, at its August 3, 2020 public hearing, recommended, by motion, that the City Council determine that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. The Planning Commission further found that the impact to the existing facilities would be limited to issuance and/or denial of a ministerial permit and potential improvements to the existing single-family home, which would make the o rdinance categorically exempt under Section 15301 of the CEQA guidelines; and WHEREAS, the City Council hereby finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. The City Council further finds that the impact to the existing facilities would be limited to issuance and/or denial of a ministerial permit and potential improvements to the existing single- family home, which would make the ordinance categorically exempt under Section 15301 of the CEQA guidelines ; and WHE REAS, the City Council determines that this ordinance is a matter of City-wide 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: Single-Family Residential Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions Residential Classes of Uses 6 Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) P P P P P P P Community Care Facilities – Licensed (Small) P P P P P P P Community Care Facilities – Unlicensed (Small) P P P P P P P Subject to §§18.16.058 and 18.38.123 Dwellings–Single-Family Detached P P P P P P C Mobile Home Parks N N N N N C N Senior Living Facilities (Small) P P P P P P P Sober Living Homes (Small) P P P P P P P Subject to §§18.16.058 and 18.38.123 Supportive Housing (6 or fewer persons) P P P P P P P Supportive Housing (7 or more persons) C C C C C C C Transitional Housing (6 or fewer persons) P P P P P P P Transitional Housing (7 or more persons) C C C C C C C Note on Table 4-A - Residential Classes of Uses: Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Agricultural Crops P P N N N N N Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) C C C C C C C Antennas–Private Transmitting P P P P P P P Subject to 18.38.040 Antennas– Telecommunications– Stealth Building–Mounted C C C C C C C Subject to § 18.38.060.040 Antennas– Telecommunications– Stealth Ground–Mounted N N N N N N N Antennas– Telecommunications– Ground–Mounted N N N N N N N Automotive–Sales Agency Office (Wholesale) P P P P P P P Subject to § 18.16.055 for office use only; no 7 Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions on -site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N N N C C N N Must be located on an arterial highway; subject to § 18.38.080 Beekeeping C N N N N N N Boarding House N N N N N N N Community Care Facilities – Licensed (Large) C C C C C C C Community Care Facilities – Unlicensed (Large) C C C C C C C Subject to §18.38.123 Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educational Institutions– General C C C C C C C Golf Courses & Country Clubs C C C C C C N Oil Production N N N N N C N Subject to § 18.38.180 Public Services C C C C C C C Recreation–Low-Impact C C C C C C C Senior Living Facilities (Large) C C C C C C C Sober Living Homes (Large) C C C C C C C Subject to §18.38.123 Transit Facilities C C C C C C C Utilities–Minor C C C C C C C SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or P P P P P 8 Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Treatment Facilities (Small) Community Care Facilities – Licensed (Small) P P P P P Community Care Facilities – Unlicensed (Small) P P P P P Subject to §§18.16.058 and 18.38.123 Dwellings–Multiple Family C P P P P Subject to § 18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings–Single- Family Attached C P C C C Dwellings requiring a conditional use permit are subject to § 18.06.160 Dwellings–Single- Family Detached C P P P P (a) Allowed only when combined with single- family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major or primary arterial or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N C C C C Senior Citizen Housing C C C C C Subject to Chapter 18.50 Senior Living Facilities (Small) P P P P P Sober Living Homes (Small) P P P P P Subject to §§18.16.058 and 18.38.123 Supportive Housing C P P P P Transitional Housing C P P P P Note on Table 6-A-Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) C C C C C Antennas– Broadcasting C C C C C Antennas–Private Transmitting C C C C C Subject to § 18.38.040 9 Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Antennas– Telecommunications - Stealth Building- Mounted T T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas– Telecommunications - Stealth Ground- Mounted C C C C C Subject to § 18.38.060 Antennas– Telecommunications - Ground-Mounted N N N N N Automotive–Sales Agency Office (Wholesale) P P P P P Subject to § 18.16.055 for office use only; no on -site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N C C C C Subject to § 18.38.080 Boarding House C C C C C Community Care Facilities – Licensed (Large) C C C C C Community Care Facilities – Unlicensed (Large) C C C C C Subject to §18.38.123 Community & Religious Assembly C C C C C Convalescent & Rest Homes N N N N C Day Care Centers C C C C C Educational Institutions–General N N C C C Golf Courses & Country Clubs N N C C C Oil Production N C C C C Subject 18.38.180 Public Services C C C C C Recreation–Low- Impact C C C C C Recreation–Swimming & Tennis C C C C C Senior Living Facilities (Large) C C C C C Sober Living Homes (Large) C C C C C Subject to §18.38.123 Transit Facilities C C C C C Utilities–Minor C C C C C SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 10 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) N N N N N Community Care Facilities – Licensed (Small) N N N N N Community Care Facilities – Unlicensed (Small) N N N N N Dwellings–Multiple Family N N C N N Dwellings–Multiple Family subject to 18.38.215 Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) N N N N N Sober Living Homes (Small) N N N N N Supportive Housing N N C N N Supporting Housing subject to 18.38.215 Transitional Housing N N C N N Transitional Housing subject to 18.38.215 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to § 18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit. Alcoholic Beverage Sales–Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets– Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales–On-Sale M/C M/C M/C M/C M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recovery or C C C C C 11 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Treatment Facilities (Large) Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas– Telecommunications- Stealth Building- Mounted T T T T T Subject to § 18.38.060 and § 18.62.020 Antennas– Telecommunications- Stealth Ground- Mounted T T T T T Subject to § 18.38.060 Antennas– Telecommunications Ground -Mounted (Non- Stealth) N N N N N Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 Automotive–Vehicle Sales, Lease & Rental N N C N N Automotive–Sales Agency Office (Retail) N N C C C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C P/M/C P/M/C P/M/C P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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 12 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Automotive–Public Parking M M M M M Automotive–Parts Sales P P P N N Automotive–Repair & Modification: Major C C C N N Automotive–Repair & Modification: Minor M M M N N Automotive–Vehicle Storage M/C M/C M/C M/C M/C Permitted for up to one year by minor conditional use permit, 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–Service Stations C C C C C Subject to § 18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Banquet Halls C C C C C Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boarding House N N C N N Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Community Care Facilities – Licensed (Large) C C C C C Community Care Facilities – Unlicensed (Large) C C C C C Subject to § 18.38.123 Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N N N N N 13 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Convalescent & Rest Homes C C C N N Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios–Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios–Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without Conditional Use Permit if integrated within a multi- tenant office building as an accessory use to serve office tenants Drive-Through Facilities C C C C C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business P/M P/M P/M P/M P/M Institutions with ten students or less do not require a conditional use permit Educational Institutions–General N C C C C Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental– Large P/C P/C P/C N N Permitted if equipment is completely screened from view. Conditional Use Permit required if equipment cannot be screened. 14 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Equipment Rental– Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. Conditional Use Permit required if conducted outdoors. Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels N C C N C Hotels, Full Kitchen Facilities N N C N C Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N C N N Motels N C C N N Offices P P P P P Personal Services– General P/C P/C P/C P/C P/C Laundromats are subject to § 18.38.150; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. Personal Services– Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190, 18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a 15 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Conditional Use Permit is required. Recreation– Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation– Commercial Outdoor C C C C C Recreation–Low- Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & Tennis P/C P/C P/C P/C P/C Permitted without Conditional Use Permit when conducted completely indoors Repair Services– General P N P N N Repair Services– Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N P P P P Restaurants–Full Service P P P C C Restaurants–General P P P C C Restaurants–Outdoor Dining P P P P P Subject to § 18.38.220 Retail Sales–General P P P P P Retail Sales–Kiosks M M M M M Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail Sales–Used Merchandise P P P N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Senior Living Facilities (Large) C C C C C Sober Living Homes (Large) C C C C C Subject to § 18.38.123 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. 16 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a Conditional Use Permit if there is no live audience. Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 4. That Table 10-A (Primary Uses: Industrial Zones) 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: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) N Community Care Facilities – Licensed (Small) N Community Care Facilities – Unlicensed (Small) N Mobile Home Parks C Senior Living Facilities (Small) N Sober Living Homes (Small) N Non-Residential Classes of Uses Agricultural Crops P 17 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory to a 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 Antennas–Broadcasting P/ C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Telecommunications-Stealth Building-Mounted T Subject to § 18.38.060 and § 18.62.020 Antennas–Telecommunications-Stealth Ground-Mounted T Subject to § 18.38.060 Antennas–Telecommunications-Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Vehicle Sales, Lease & Rental C Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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 & Modification: Major C Automotive–Repair & Modification: Minor M Automotive–Service Stations C Subject to § 18.38.070 Automotive–Vehicle Storage M/C Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit 18 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions required to permit the use for over five years. Automotive–Washing C Banquet Halls C Bars & Nightclubs C Billboards N Boarding House N Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small M Day Care Centers C Drive-Through Facilities C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business M Educational Institutions–General C Educational Institutions–Tutoring C Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to § 18.38.125 Emergency Shelters (more than 50 occupants) C Subject to § 18.38.125 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 C Industry– P Industry–Heavy C Junkyards C Subject to § 18.38.200 Medical & Dental Offices M Motels C Mortuaries C Offices–Development P Offices–General P/M 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 19 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Outdoor Storage Yards P/C Subject to § 18.38.200. Permitted without a conditional use permit if all storage is screened from view, otherwise a 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 Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recuperative Care/Medical Respite P/C Subject to § 18.38.125 Recycling Facilities P/ C Subject to Chapter 18.48. Small processing facilities under 4,000 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 C 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 Senior Living Facilities (Large) N Sober Living Homes (Large) N 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 P Wholesaling P 20 SECTION 5. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) N N N P Only a llowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Community Care Facilities – Licensed (Small) N N N P Only a llowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Community Care Facilities – Unlicensed (Small) N N N P Subject to §§18.16.058 and 18.38.123. Only allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Dwellings–Single-Family Detached N N N P One single-family detached dwelling unit allowed on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Mobile Home Parks N N N C Senior Citizens Housing N N N C Senior Citizens Apartment projects subject to Chapter 18.50 21 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Senior Living Facilities (Small) N N N P Allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Sober Living Homes (Small) N N N P Subject to §§18.16.058 and 18.38.123. Only allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Supportive Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Supportive Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Non-Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales–On -Sale N M/C M/C C In the “PR” and “SP” zones, permitted with minor conditional use permit if accessory to a primary restaurant use. In the “T” Zone, only in conjunction with a Community and Religious Assembly use. Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N C C N 22 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Ambulance Services N N N C Animal Boarding C N N C Antennas–Broadcasting N N N C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Private Transmitting N N N C Subject to § 18.38.040 Antennas–Telecommunications- Stealth Building-Mounted T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas–Telecommunications- Stealth Ground-Mounted C C C C Subject to § 18.38.060 Antennas–Telecommunications- Ground-Mounted N N N N Subject to § 18.38.060 Automotive–Public Parking N P M N Automotive–Sales Agency Office (Retail) N N N N Automotive–Sales Agency Office (Wholesale) N N N N Automotive–Repair & Modification: Major N N N N Automotive–Repair & Modification: Minor N N N N Automotive–Service Stations N N N C Subject to § 18.38.070 Automotive–Vehicle Storage N N N M/C Only allowed in “T” Zone on properties designated by the General Plan for Commercial or Industrial Land Uses for up to one year by minor conditional use permit, 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 N N N C Bed & Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Boarding House N N N C Cemeteries C N C C Commercial Equestrian Establishments C N N C No permanent maintenance of stabling of equine animals, riding arenas or storage of food, refuse or equipment shall be permitted within (250) two hundred fifty feet of any residential zone boundary. Community Care Facilities – Licensed (Large) N C C N Community Care Facilities – Unlicensed (Large) N C C N Subject to §18.38.123 23 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Commercial Retail Centers N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness Studios–Small N M M N Dance & Fitness Studios–Large N C C N Day Care Centers N C C C Educational Institutions–Business N C P C Educational Institutions–General N C P C Entertainment Venue N C C C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Helipads N N C N Hospitals N N C C Hotels N C N C Medical & Dental Offices N C C C Mortuaries N N N C Motels N C N C Offices N C C C Oil Production N N N C Subject to § 18.38.180 Outdoor Storage Yards C N N C Subject to § 18.38.200 Plant Nurseries P C C C Subject to §§ 18.38.190 and 18.38.200 Public Services N P P P Recreation–Billiards N C C C Recreation–Commercial Indoor N C C C Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to § 18.14.030.130 Recreation–Low-Impact C P C C Recreation–Swimming & Tennis N P C C Recycling Services–General N N N C Subject to Chapter 18.48 Research and Development N N N N Restaurants–Drive-Through N N C N Subject to § 18.38.220 Restaurants–General N C C C Subject to § 18.38.220 Restaurants–Outdoor Dining N C C C Subject to § 18.38.220 Restaurants–Walk-Up N C C N Retail Sales–General N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Retail Sales–Kiosk N M M N Retail Sales–Used Merchandise N N N C Self-Storage N N C N Senior Living Facilities (Large) N C C N Sober Living Homes (Large) N C C N Subject to § 18.38.123 Transit Facilities N C C C Utilities–Major C C C C 24 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Utilities–Minor P P P P Veterinary Services N N N C SECTION 6. That new Section 18.16.058 (Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small)) be added to Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be to read in full as follows: 18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL). .010 Permits Required. .0101 Operator’s Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department shall first obtain an Operator’s Registration in compliance with the provisions of this section. .0102 Operator’s Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department shall first obtain an Operator’s Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. .020 Application Requirements. All applications for Operator’s Registration and Operator’s Permit shall be submitted on forms approved by the Planning Director. The application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolution of the City Council. .030 Permit Issuance. .0301 Operator’s Registration. Upon receipt of a written application for an Operator’s Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator’s Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code. .0302 Operator’s Permit. Upon receipt of a written application for an Operator’s Permit, the Planning Director (or his or her designee) and Chief of Police (or his or her designee) shall conduct an investigation to ascertain whether such permit should be issued as requested. An Operator’s Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applica nt provided all required information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Code. .040 Permit Denial and Revocation. 25 .0401 In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator’s Registration and an Operator’s Permit application shall be denied or revoked if any of the following circumstances exist: .01 Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information. .02 The owner/operator or staff person of the facility accepts residents, other than a house manager or staff, who are not handicapped as defined by the FHAA and FEHA. .03 Community Care Facility – Unlicensed (Small). The facility, as measured by the closest property lines, is located within three hundred (300) feet of any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, except that a Community Care Facility – Unlicensed (Small) shall not be subject to an three hundred (300) foot separation from any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, if such Community Care Facility (Small) applies for a first -time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. If a Community Care Facility - Licensed moves within three (300) feet of an existing Community Care Facility - Unlicensed (Small) with a valid Operator’s Permit, this shall not cause the revocation of existing facility’s Operator’s Permit. .04 Sober Living Home (Small). The facility, as measured by the closest property lines, is located within eight hundred (800) feet of any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility, except that a Sober Living Home (Small) shall not be subject to an eight hundred (800) foot separation from any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility if such Sober Living Home (Small) applies for a first-time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. If an Alcoholism or Drug Abuse Recovery or Treatment Facility moves within eight hundred (800) feet of an existing Sober Living Home with a valid Operator’s Registration or Operator’s Permit, this shall not cause the revocation of the existing facility’s Operator’s Registration or Operator’s Permit. .05 The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. .06 For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. .0402 Additional grounds for denial or revocation of an Operator’s Registration. .01 The Sober Living Home does not or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department. .0403 Additional grounds for denial or revocation of an Operator’s Permit. .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an 26 owner/operator or within the previous three (3) years for a staff person, to any of the following offenses: (a) Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended. (b) Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended. (c) Arson offenses in violations of Penal Code Sections 451-455, as may be amended. (d) Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person. (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended. .03 Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. .0404 If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviation shall not be a cause for a denial or revocation of the facility’s permit . .050 Changes to Operator’s Registration and Operator’s Permit. .501 If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee. .502 The owner/operator of a Sober Living Home with an Operator’s Registration shall notify the Planning Director if there is any changes to the status of the facility’s Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change. .060 Sale or Transfer of Operator’s Registration and Operator’s Permit. No Operator’s Registration or Operator’s Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. .070 Operator’s Registration and Operator’s Permit Expiration. .0701 The Operator’s Registration and the Operator’s Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months. .0702 The Operator’s Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department for the facility is expired or revoked. .080 Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code. 27 .090 Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section must comply with the following: .0901 Existing facilities shall apply for the Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section. .0902 Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions. .0903 Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator’s Permit. .0904 If an Operator’s Registration or Operator’s Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator’s Registration or Operator’s Permit is issued. SECTION 7. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay 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: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) P Community Care Facilities – Licensed (Small) P Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple-Family P Dwellings – Multiple-Family in the Gateway District, Sub- Area B C Subject to the approval of Conditional Use Permit No. 2003- 04763, as may be amended from time to time, and subject to the conditions set forth in Section 18.66.060 (Findings), and further subject to paragraphs .0201 and .0202 of subsection .020 of Section 18.20.200. Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Senior Living Facilities (Small) P Sober Living Homes (Small) N Supportive Housing P Transitional Housing P Non-Residential Classes of Uses 28 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On - Sale M/C GF Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Automotive–Public Parking M Automotive–Repair & Modification: Major N Automotive–Repair & Modification: Minor N Automotive–Sales Agency Office (Retail) N Automotive–Sales Agency Office (Wholesale) N Automotive–Vehicle Sales, Lease & Rental N Except as permitted as an accessory use Automotive–Service Stations C Bars & Nightclubs C GF Billboards N Boarding House N Business & Financial Services P GF Commercial Retail Centers C Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community & Religious Assembly C GF Computer Internet & Amusement Facilities N N Convenience Stores C GF Conversions of hotels or motels to semi- permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF Day Care Centers C GF Drive-through Facilities N Educational Institutions–Business M GF Educational Institutions–General C GF Educational Institutions–Tutoring P GF Entertainment Venue C GF Hotels P/C/ Hotels are permitted, extended-stay hotels are permitted by conditional use permit Markets–Large P GF Outdoor farmer’s markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Motels N N Offices–General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; 29 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions laundromats are subject to § 18.38.150. Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C GF Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development P Restaurants–Drive-Through N Restaurants–General P GF Restaurants–Outdoor Dining P GF Subject to § 18.38.220 (Restaurants– Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Kiosk M GF Retail Sales–Used Merchandise N Senior Living Facilities (Large) N Sober Living Homes (Large) N Sex-oriented businesses, as defined in Chapter 18.54 (Sex-Oriented Businesses) N Studios–Broadcasting P GF Broadcasting antennas require a conditional use permit Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 8. That Section 18.22.070 (O-L Zone Uses) of Chapter 18.22 (Brookhurst Commercial Corridor (BCC) Overlay 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: 18.22.070 O-L ZONE USES. The requirements contained in Chapter 18.08 (Commercial Zones) for the Low Intensity Office Zone ("O-L") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited: .010 Boarding Houses. .020 Bingo establishments. .030 Non-residential use of residential structures. 30 .040 Hotels, motels, and motor inns. .050 Mobile home and/or trailer parks. .060 Mobile home park subdivisions. .070 Off-premises sale of alcoholic beverages. .080 Reconstruction of a single-family residence, damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application fo r a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction. .090 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .100 Storage of Class C explosives in any amount. SECTION 9. That Subsection .010 of Section 18.22.080 (C-G Zone Uses) of Chapter 18.22 (Brookhurst Commercial Corridor (BCC) Overlay 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: .010 Uses Prohibited. The requirements contained in Chapter 18.08 (Commercial Zones) for the General Commercial ("C-G") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited: .0101 Amusement device arcades. .0102 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved pursuant to subsection .020 below. .0103 Billboards. .0104 Boarding Houses. .0105 Computer Internet & Amusement Facilities. .0106 Hotels, motels, and motor inns. .0107 Labor camps. .0108 Large collection facilities for recycling purposes. .0109 Liquor stores. .0110 Deleted. .0111 Mobile home and/or trailer parks. .0112 Mobile home park subdivisions. .0113 Nightclubs. .0114 Non-residential use of res idential structure. .0115 Off-premises sale of alcoholic beverages in premises with fifteen thousand (15,000) square feet or less in interior building floor area. .0116 Pawnshops. .0117 Pool and/or billiard centers .0118 Dance Venue, as defined in Section 18.92.070 (“D” words, terms and phrases.) of Chapter 18.92. .0119 Reconstruction of a single-family residence damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the 31 ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction. .0120 Saunas and spas. .0121 Self-storage or mini-warehouse facilities. .0122 Sex-oriented businesses. SECTION 10. That Section 18.24.100 (Prohibited Uses and Structures in Commercial Zones) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay 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: 18.24.080 PROHIBITED USES AND STRUCTURES IN COMMERCIAL ZONES. The following uses and structures shall be prohibited in commercial zones as described in Chapter 18.08 (Commercial Zones): .010 Pool or billiard centers; .020 Reconditioned used merchandise sales, except for I (SABC-Neighborhood Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay- Neighborhood Commercial District) zoned properties located on the east side of Anaheim Boulevard between Broadway and Santa Ana Street; .030 Sex-oriented businesses; .040 Saunas and/or spas, except when integrated into a hotel use; .050 Amusement device arcades, except when integrated into a hotel use or a full-service restaurant; .060 Automobile sales and rental agencies and lots; .070 Automotive vehicle repairs, overhaul, installation of parts and accessories; .080 Billboards; .090 Boarding Houses; .110 Commercial use of residential structures; .120 Computer Internet & Amusement Facilities; .130 Jail farms or honor farms for prisoner rehabilitation; .140 Labor camps; .150 Mobile home park subdivisions; .160 Pawnshops; .170 Self-storage or mini warehouse facilities; and .180 Balloons, fixed or tethered, including inflatable advertising devices. SECTION 11. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay 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: 32 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) P Community Care Facilities – Licensed (Small) P Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens’ Housing– Apartment Projects) Senior Living Facilities (Small) P Sober Living Homes (Small) N Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale P Conditional use permit required if sales are not accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Animal Boarding N Animal Grooming P Antennas–Broadcasting P Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of- way or not disguised as an integral architectural feature Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public right-of- way or not disguised as an integral architectural feature Antennas–Telecommunications P Conditional use permit required if facilities are not completely screened from view from a public right-of- way or not disguised as an integral architectural feature; subject to Section 18.38.060 (Antennas– Telecommunications) Automotive–Impound Yards N Automotive–Public Parking P Automotive–Repair & Modification: Major N Automotive–Repair & Modification: Minor N Automotive–Sales Agency Office (Retail) N Automotive–Sales Agency Office (Wholesale) N Automotive–Washing N Bars & Nightclubs C Billboards N 33 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Boarding House N Business & Financial Services P Commercial Place-making Uses P Subject to review and approval by the Planning and Community and Economic Development Departments Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community & Religious Assembly C Conditional Use Permit not required for museums Computer Internet & Amusement Facilities N Convalescent and Rest Homes N Convenience Stores N Dance and Fitness Studios–Large P Dance and Fitness Studios–Small P Day Care Centers C Drive Through Facilities N Educational Institutions–Business P Educational Institutions–General C Educational Institutions–Tutoring P Subject to Subsection .050 of Section 18.36.040 (Educational Institutions–Tutoring) Entertainment Venue C Subject to Subsection .050 of Section 18.36.040 (Entertainment Venue) Hotels C Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small P Medical & Dental Offices P Medical Marijuana Dispensaries N Motels N Offices–General P Pawn shops N Personal Services–General P/N On-site dry cleaning and laundromats are not allowed. Massage subject to § 18.16.070 except massage not permitted in live/work units. Personal Services–Restricted N Public Services P Public Art and Murals P Subject to review and approval by the Planning and Community and Economic Development Departments Recreation–Billiards P Subject to Section 18.38.085 Recreation–Commercial Indoor C Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming and Tennis P Repair Services–General N Repair Services–Limited P Research and Development N Restaurants–General P Subject to Subsection .180 of Section 18.36.040 Restaurants–Outdoor Seating and Dining P Subject to Section 18.38.220 Restaurants–Walk-Up P Retail Sales–General P 34 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Retail Sales–Kiosks M If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Used Merchandise P Self-Storage Facilities N Smoking Lounges N Senior Living Facilities (Large) N Sober Living Homes (Large) N Studios–Broadcasting P Studios–Recording P Utilities–Major N Utilities–Minor P SECTION 12. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay 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: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) C Community Care Facilities – Licensed (Small) C Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple- Family C 24-hour on -site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Senior Living Facilities (Small) C Sober Living Homes (Small) N Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Animal Grooming P Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive–Public Parking M 35 Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Automotive–Sales Agency Office (Retail) M Automotive–Sales Agency Office (Wholesale) P Subject to § 18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory Automotive–Repair & Major Modification N Automotive–Repair & Minor Modification N Bars & Nightclubs C Boarding House N Business & Financial Services P Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Drive-Through Facilities C Educational Institutions–Business M Entertainment Venue C Hotels C Markets–Large P Subject to § 18.38.155 Markets–Small P Subject to § 18.38.155 Medical & Dental Offices P Motels C Offices P Personal Services–General P Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Research and Development N Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks M Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Senior Living Facilities (Large) N Sober Living Homes (Large) N Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use Wine Bars C SECTION 13. That Section 18.36.030 (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: 36 18.36.030 RESIDENTIAL PRIMARY USE CLASSES. .010 Alcoholism or Drug Abuse Recovery or Treatment Facility (Small). A State licensed and/or certified facility, as defined in Section 11834.02 of the California Health & Safety Code, which includes any premises, place, or building that provides residential nonmedical services to six (6) or fewer adults who are recovering from problems related to alcohol, drug, or alcoho l and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. .020 Community Care Facility – Licensed (Small). A building or portion thereof, designed or used for a residential facility licensed and/or certified by the State that provides non-medical care, services, counseling or supervision to six (6) or fewer children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in California Health and Safety Code Section 1502, and other similar State licensed care facilities. This use class shall not include Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter. .030 Community Care Facility – Unlicensed (Small). A building or portion thereof, designed or used for a residential care facility, not licensed by the State, that provides supportive living environment for six (6) or fewer adults who are considered handicapped under State or Federal Law (commonly referred to as a “group home”). This use class shall not include any Community Care Facility – Unlicensed that operates as a Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise defined in this Chapter. .040 Dwellings–Multiple-Family. This use class consists of two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitche n and bathroom facilities. .050 Dwellings–Single-Family Attached. A dwelling unit attached to another dwelling unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining dwelling units to form a property. Each dwelling unit has individual heating and plumbing systems. .060 Dwellings–Single-Family Detached. A dwelling unit with open space on all four sides. The dwelling unit often possesses an attached garage. .070 Mobile Home Parks. This use class consists of a site that is planned and improved to accommodate two (2) or more Mobile Homes or Manufactured Homes used for residential purposes, or on which two (2) or more Mobile Home or Manufactured Home spaces or lots each accommodate a Mobile Home or Manufactured Home for residential purposes. .080 Senior Citizen Housing. This use class consists of Senior Citizen Apartment Projects and Senior Citizen Housing Developments as defined in Chapter 18.92 (Definitio ns). .090 Senior Living Facility (Small). A State licensed facility that meet s the definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of California Health and Safety Code, subject to regulations of Chapter 3.2 of California Health and Safety Code. Such facility provides care and services on a monthly basis or longer to six (6) or fewer persons 60 years of age or older, where varying levels and 37 intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include the following: .0901 Independent living: Facilities intended for individuals who are presently able to manage an independent lifestyle, but foresee a future where more support will be necessary. Residents of an independent living facility are provided with assistance in the instrumental activities of daily living, such as dining, housekeeping, security, transportation and recreation. Independent living dwelling units may have separate kitchens and garages. .0902 Assisted living: Facilities intended for residents that require some assistance with the activities of daily living, but do not need the 24-hour care of a nursing home. Assisted living services are regulated by Title 22, Division 6, Chapter 8 of California Code o f Regulations. These services include assistance with dressing, bathing, walking, eating and toileting, in addition to dining, housekeeping, security, transportation and recreation. .0903 Memory living care: facilities intended for residents who require specialized care for dementia, Alzheimer's or other memory related illnesses. Memory living care services may be provided by a stand-alone facility, or by a facility offering a broader range of services, and includes dining, housekeeping, security, transportation and recreation. .0904 Skilled nursing: facilities intended for residents who require nursing care or supervision, either on a short-term or long-term basis, as regulated by Title 22, Division 5, Chapter 3 of California Code of Regulations. .0905 Continuing care retirement community: Facilities intended to serve the long-term residential, social, and health care needs of elderly residents by providing a continuum of care, minimizing transfer trauma and allowing the following services to be provided in an appropriately licensed setting: dining, housekeeping, security, transportation and recreation. Such facilities are regulated by Title 22, Division 6, Chapter 8 of California Code of Regulations and Division 2, Chapter 10 of Health and Safety Code. Continuing care retirement community may include more than one, or all four, of the types of senior living facilities listed above. .100 Sober Living Home (Small). A residential care facility not licensed by the State, providing supportive living environment that is an alcohol and drug-free for six (6) or fewer adults recovering from alcoholism and/or drug abuse, who are considered handicapped under State or Federal law. Such facility shall not provide the services that are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or Treatment Facilities. This use class shall not include any Sober Living Home operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise defined in this Chapter. .110 Supportive Housing. This use class consists of housing that has the same meaning as defined in subdivision (f) of Section 65582 of the Government Code. .120 Transitional Housing. This use class consists of housing that has the same meaning as defined in subdivision (h) of Section 65582 of the Government Code." SECTION 14. That Subsection .010 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: 38 .010 "A" Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on-site is also included. Alcoholic Beverage Manufacturing. This use class consists of establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for On-Sale or Off-Sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing. Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic bever ages of all types for consumption outside the building in which they are sold. Typical uses include liquor or grocery stores, and convenience markets, selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars, wine bars, brew pubs, and restaurants that serve alcoholic beverages. Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large). A State licensed and/or certified facility, as defined in Section 11834.02 of the California Health & Safety Code, which includes any premises, place, or building that provides residential nonmedical services to seven (7) or more adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding, day care or accommodation of large animals, such as horses, sheep or hogs. Animal Grooming. This use class consists of facilities for the grooming of household pets, but does not include day care, overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas-Private Transmitting. This use class consists of ground-mounted, amateur-operated radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used only for receiving signals are considered an allowed accessory use. Antennas-Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand-alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. 39 Automotive-Vehicle Sales, Lease & Rental. This use class consists of the established place of business operated by a "dealer" for the sale, long-term lease, or rental of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. Automotive-Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles for sale at retail (including internet sales) who does not offer used motor vehicles for sale at wholesale. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site). This use class includes "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code. Automotive-Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail. Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles. Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered ‘Warehousing & Storage-Outdoors’. Automotive-Parts Sales. This use class consists of the sale of new or reconditioned parts used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site installation of such parts or lubricants. 40 Automotive-Repair and Modification: Major. This use class consists of facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services as determined by the Planning Director. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. Automotive-Repair and Modification: Minor. This use class consists of facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, window tinting, and other similar services as determined by the Planning Director, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. Automotive-Service Stations. This use class consists of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered ‘Automotive-Repair and Modification’. Automotive-Vehicle Storage. This use class consists of properties used for the temporary off-site storage of inventory for the type of use "Automotive-Vehicle Sales, Lease & Rental," as described above and operated within the City of Anaheim. Automotive-Washing. This use class consists of establishments providing hand- operated, self-service, or mechanical automobile washing services, and may include detailing. SECTION 15. That Subsection .020 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: .020 “B” Use Classes. Banquet Hall. This use class consists of a facility rented out for private events, which involve the service of a meal and at which seating is provided at tables. As used herein, “private event” means a gathering of persons who have been individually invited to the event and from which persons not so invited are excluded. Live entertainment and dancing is permitted in a banquet hall; however, such live entertainment or dancing shall not be the primary use of a banquet hall. Alcoholic beverages may be sold or consumed within a banquet hall during a private event subject to state law requirements and if allowed by a conditional use permit. Bars & Nightclubs. This use class consists of establishments other than accessory bar that primarily serve beer, wine, or other alcoholic beverages to be consumed on- premises, with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide accessory music and/or live entertainment as defined in 18.92.040, for patrons to be entertained, that is regularly open to the public with or without the payment of a cover 41 charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined in this chapter. Typical land uses include night clubs, bars with entertainment, and bars. Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast and snacks to the guests. Beekeeping. This use class consists of raising bees, other than in a closed container, for any purpose. Billboards. This use class consists of billboards, as defined and regulated by Chapter 18.44 (Signs). Boarding House. A building, or portion thereof, where lodging is provided for persons, with or without meals for monetary or non-monetary compensation, 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 at the property, including permanent residents, live-in operators, and guests, shall not exceed fifteen (15) people. This use class shall not include a Hotel, Motel, Bed and Breakfast Inn, Convalescent & Rest Homes, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities – Licensed, Community Care Facilities - Unlicensed, Sober Living Homes, or any other uses defined in this Section. Building Material Sales. This use class consists of the sale of materials used for the construction of buildings, the incidental sale of landscaping materials, and the incidental sale or rental of tools. This use typically includes the storage of considerable quantities of such materials outdoors and/or in structures other than the main building. Typical uses include lumberyards, tile and roofing-materials stores. Business & Financial Services. This use class consists of establishments providing services oriented to business matters and involving significant walk-in contact with the public. Typical uses include consumer-oriented financial services, such as banks and tax preparation services, duplicating and faxing services, printing services, and real estate sales offices. Business services that do not involve significant public contact are classified under the Offices use class. SECTION 16. That Subsection .030 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: .030 “C” Use Classes. Cemeteries. This use class consists of burial grounds for the interment of the dead or their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located within cemeteries. Commercial Equestrian Establishments. This use class consists of the commercial stabling of equine animals and activities related to the use of horses. Commercial Placemaking Uses. Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines). Commercial Retail Centers-Large. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain 10,000 square feet or more of gross floor area, are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise 42 resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Commercial Retail Centers-Small. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain less than 10,000 square feet of gross floor area, are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Community Care Facility – Licensed (Large). A building or portion thereof, designed or used for a residential facility licensed and/or certified by the State that provides non-medical care, services, counseling or supervision to seven (7) or more children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in California Health and Safety Code Section 1502, and other similar State licensed care facilities. This use class shall not include Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter. Community Care Facility – Unlicensed (Large). A building or portion thereof, designed or used for a residential care facility, not licensed by the State, that provides supportive living environment for seven (7) or more adults who are considered handicapped under State or Federal Law (commonly referred to as a “group home”). This use class shall not include any Community Care Facility – Unlicensed that operates as a Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise defined in this Chapter. Community & Religious Assembly. This use class consists of community meeting and cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or benevolent organization; and facilities for religious worship, with incidental educational or residential use. Uses include fraternal lodges, meeting halls, community centers, libraries, museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers. Computer Internet & Amusement Facilities. This use class consists of establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Typical uses include or are commonly known as PC (personal computer) cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses. Such uses, when part of, and accessory to, educational institutions and day care centers, are not included. Convalescent & Rest Homes. This use class consists of facilities providing nursing, dietary and/or other personal services on a twenty-four (24) hour basis for convalescents, invalids and/or aged persons who are unable to care for themselves, requiring regular medical attention (commonly referred to as a “nursing home” or “hospice”). This use excludes cases of alcohol and/or drug addictions, contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. 43 Convenience Stores. This use class consists of the retail sales of food and beverages, primarily for off-site preparation and consumption, and found in establishments characterized by long or late hours of operation, on-site parking, and a building less than ten thousand (10,000) square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of prepared food for on-site or take-out consumption are classified as a restaurant use. This use class may be combined with Automotive-Service Stations. SECTION 17. That Subsection .070 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: .070 “G” Use Classes. Golf Courses & Country Clubs. This use class consists of golf courses and related uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users and guests. SECTION 18. 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 44 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. 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. T his 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 45 conducted completely within the structure, and all sales are made from within the structure to the patron on the outside. 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. SECTION 19. That Subsection .190 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: .190 “S” Use Classes. Self Storage. This use class consists of establishments providing storage services, primarily for personal effects and household goods, within enclosed storage areas having individual access. The incidental sale of boxes and packing materials is included. Senior Living Facilities (Large). A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of California Health and Safety Code, subject to regulations of Chapter 3.2 of California Health and Safety Code. Such facility provides care and services on a mo nthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. This use class may include Independent Living, Assisted Living, Memory Living Care, Skilled Nursing, and Continuing Care Retirement Community, which are further defined under Senior Living Facilities (Small) in this chapter. Sex-Oriented Businesses. This use class consists of establishments defined as sex- oriented businesses in Chapter 18.54 (Sex-Oriented Businesses). Sober Living Home (Large). A residential care facility not licensed by the State, providing supportive living environment that is an alcohol and drug-free for seven (7) or more adults recovering from alcoholism and/or drug abuse and considered handicapped under State or Federal law. Such facility shall not provide the services that are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or Treatment Facilities. This use class shall not include any Sober Living Home operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise defined in this Chapter. Studios–Broadcasting. This use class consists of facilities used for the broadcasting of radio, television or Internet programs. Facilities with live audiences shall be considered “Entertainment Venue.” Studios–Recording. This use class consists of facilities used for the recording of music and other voice communications, for the purpose of dissemination by broadcast, the 46 Internet, compact disks or similar media. Recording studios with live audiences shall be considered “Entertainment Venue.” SECTION 20. That new Section 18.38.123 (Community Care Facilities - Unlicensed and Sober Living Homes) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be to read in full as follows: 18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER LIVING HOMES Uses classified as Community Care Facilities – Unlicensed (Small), Community Care Facilities – Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section. .010 Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility – Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit. .020 Operational Standards. .0201 Number of Residents. .01 Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded. .02 Community Care Facilities – Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine the total number of residents. .0202 The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose. .0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. .0204 Parking. .01 All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times. .02 All vehicles shall be operable and be parked on-site. .0205 Separation requirements. .01 Community Care Facility, Unlicensed. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed, regardless of size, except that a Community Care Facility – Unlicensed (Small) shall not be subject to an three hundred (300) foot separation from any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, if such Community Care Facility (Small) applies for a first- time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. 47 .02 Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any other Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size, except that a Sober Living Home (Small) shall not be subject to an eight hundred (800) foot separation from any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility if such Sober Living Home (Small) applies for a first-time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. .0206 All facilit ies shall not provide “Care and supervision” to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended. .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning. .0208 The property shall be fully in compliance with all building codes, codified ordinances, and this Code. .0209 Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 Intake procedures .02 Facility rules and regulations .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. .04 Eviction and involuntary termination procedures, which, at minimum, ensure the following: a. Notification to the resident’s emergency contact or contact of record. b. Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment. c. Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release. d. Provision of transportation to the address listed on the resident’s driver license, state-issued identification card, or the permanent address identified in the resident’s application or referral to the other community care facilities, sober living homes, or similar facilities. .0210 In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility ha s and will implement the following written procedures and policies: .01 An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery 48 programs located off-site. The sober living home operator shall maintain current records of program attendance. .02 A visitation policy that preclude any visitors who are under the influence of any drug or alcohol. .03 Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit . .0211 Refusal to comply with the facility’s rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction. .0212 The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing here in shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information. .0213 Exception. Community Care Facilities, Unlicensed and So ber Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). SECTION 21. That Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops 5 spaces per 10 acres. Alcoholic Beverage Manufacturing 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Tasting or Tap Room and outside patios: 17 spaces per 1,000 square feet of GFA. Alcoholic Beverage Sales– Off-Sale 0 spaces (spaces are required for underlying uses only). Alcoholic Beverage Sales– On-Sale 0 spaces (spaces are required for underlying uses only). Alcoholism or Drug Abuse Recovery or Treatment Facility (Large) 0.8 space per bed Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles. Animal Boarding 1 space per employee, plus 1 space per 10 pets. Animal Grooming 4 spaces per 1,000 square feet of GFA. Antennas–Broadcasting 2 spaces. Antennas–Private Transmitting None. 49 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Antennas– Telecommunications 1 space. Automatic Teller Machines (ATM’s) (Exterior, walk-up facilities not located on properties developed with other retail or office uses.) 2 spaces per machine. Note: No parking spaces are required when located on the exterior building wall of an existing business use, when located within the interior of any other type of business establishment, or when free- standing machines are located on properties developed with other retail or office uses. In addition, no parking spaces are required for drive-up facilities. Automotive–Vehicle Sales, Lease & Rental General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 4 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space used for parking vehicles to be sold. Auctions: Requires parking demand study per paragraph 18.42.040.010.0108. Automotive–Sales Agency Office 4 spaces per 1,000 square feet of GFA. Automotive–Public Parking None. Automotive–Parts Sales 4 spaces per 1,000 square feet of GFA. Automotive–Repair & Modification 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Automotive–Service Stations Stand-Alone: 2 spaces. In Conjunction with Accessory Retail/Convenience Store: 4 spaces per 1,000 square feet of GFA of the convenience store. Up to 50 percent of the pump islands may be counted as parking stalls. In Conjunction with Other Uses: None. Automotive–Washing Requires parking demand study per paragraph 18.42.040.010.0108. Banquet Halls One space for each 3 patrons plus one space per employee. Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per 1,000 square feet of GFA. Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. Boarding House 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Business & Financial Services 4 spaces per 1,000 square feet of GFA. Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108. Community Care Facilities – Licensed (Large) 0.8 space per bed Community Care Facilities – Unlicensed (Large) 0.8 space per bed Commercial Retail Centers- Large All uses other than restaurants within retail centers unless specified elsewhere in this code: 4 spaces per 1,000 square feet of GFA. Restaurants within retail centers with 40 percent or less of GFA devoted to restaurant uses: 4 spaces per 1,000 square feet of GFA. 50 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Restaurants within retail centers with more than 40 percent of GFA devoted to restaurant uses: Those restaurant uses in excess of 40 percent shall comply with the following: Restaurants-General with 20 seats or less: 5.5 spaces per 1,000 square feet of GFA. Restaurants-General with more than 20 seats: 10 spaces per 1,000 square feet of GFA. Restaurants-Full Service: 8 spaces per 1,000 square feet of GFA. Commercial Retail Centers- Small Each use within the retail center shall comply with the parking requirements for said use. Community & Religious Assembly Requires parking demand study paragraph 18.42.040.010.0108. Convalescent & Rest Homes 0.8 space per bed. Convenience Stores 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios– Large 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios– Small 4 spaces per 1,000 square feet of GFA. Day Care Centers 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for loading and unloading children or adult clients onsite. Drive-Through Facilities None as an accessory use, but requires adequate space for queuing. Educational Institutions– Business 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Educational Institutions– General Elementary and Junior High Schools: 1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). High Schools: 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational Institutions– Tutoring 4 spaces per 1,000 square feet of GFA. Emergency Shelter 1 space per employee and volunteer staff member, plus 1 space for every 4 beds or 0.5 spaces per bedroom designated for family units with children. Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 square feet of dance floor area. Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters-Live Performances: 0.4 spaces per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. Theaters-Single-Screen Motion Picture: 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters-Multi-Screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. 51 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Equipment Rental–Large 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. Golf Courses & Country Clubs Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 4 spaces per 1,000 square feet of GFA used for other commercial purposes. Golf Driving Ranges: 1 space per driving tee. Helipads Requires parking demand study per paragraph 18.42.040.010.0108. Hospitals Requires parking demand study per paragraph 18.42.040.010.0108. Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full-service, outdoor dining, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take- out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas. Hotels, Full Kitchen Facilities Same requirements as “Hotels & Motels”. Industry Industrial: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–Heavy Industrial–Heavy: 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. Junkyards 5 spaces or 4 spaces per 1,000 square feet of building GFA, whichever is greater. Markets–Large 4 spaces per 1,000 square feet of GFA. Markets–Small 4 spaces per 1,000 square feet of GFA. Medical & Dental Offices 6 spaces per 1,000 square feet of GFA. 52 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108. Office-Development 4 spaces per 1,000 square feet of GFA Office-General 3 stories or lower: 4 spaces per 1,000 square feet of GFA. More than 3 stories: 3 spaces per 1,000 square feet of GFA. Oil Production 2 spaces per well. Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, whichever is greater, plus spaces required for service vehicles. Personal Services–General 4 spaces per 1,000 square feet of GFA. Personal Services– Restricted 4 spaces per 1,000 square feet of GFA. Plant Nurseries 4 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways. Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Recreation–Commercial Indoor Amusement Arcades: requires parking demand study per paragraph 18.42.040.010.0108. Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility. Bowling Alleys: 6 spaces per bowling lane. Racquetball Facilities: 5 spaces per court. Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA. Other Uses: Requires parking demand study per subsection 18.42.040.010.0108. Recreation–Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee. Other Uses: requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Swimming & Tennis Swimming Facilities: requires parking demand study per paragraph 18.42.040.010.0108. Tennis Courts: 5 spaces per court. Recycling Services– Consumer None (spaces are required for host use(s) only). Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA. Recycling Services– Processing 1.55 spaces per employee. Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Restaurants–General 20 seats or less: 5.5 spaces per 1,000 square feet of GFA. More than 20 seats: 10 spaces per 1,000 square feet of GFA. Restaurants within a Commercial Retail Center-Large: See parking requirements for Commercial Retail Center-Large Restaurants–Full Service Stand alone: 15 spaces per 1,000 square feet of GFA 53 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Restaurants within a Commercial Retail Center-Small: 8 spaces per 1,000 square feet of GFA Restaurants within a Commercial Retail Center-Large: See parking requirements for Commercial Retail Center-Large Restaurants–Outdoor Dining Same requirements as above for Restaurants-General and Restaurants-Full Service Retail Sales–General General: 4 spaces per 1,000 square feet of GFA. Art Galleries: 3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. Retail Sales–Kiosks 1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater number of parking spaces. Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. Retail Sales–Used Merchandise 4 spaces per 1,000 square feet of GFA for first 100,000 square feet. Self-Storage Facilities Requires parking demand study per paragraph 18.42.040.010.0108. Senior Living Facilities (Large) 0.8 space per bed Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of GFA. Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of GFA. Smoking Lounges 17 spaces per 1,000 square feet of GFA. Sober Living Homes (Large) 0.8 space per bed Studios–Broadcasting 2.5 spaces per 1,000 square feet of GFA. Studios–Recording 2.5 spaces per 1,000 square feet of GFA. Towing Services Office: 4 spaces per 1,000 square feet of GFA. Indoor Storage Area: 1.55 spaces per 1,000 square feet of GFA. Outdoor Storage Area: 0.4 spaces per 1,000 square feet of outdoor storage areas (excluding vehicle access-wa ys) Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108. Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. Utilities–Major Requires parking demand study per paragraph 18.42.040.010.0108. Utilities–Minor None required. Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Warehousing & Storage– Enclosed Buildings with 100,000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of up to 10% office space Buildings with more than 100,000 square feet of GFA: 1 space per 1,000 square feet of GFA, which may include a maximum of up to 10% office space If the percentage of office space exceeds 10% of the GFA: 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. 54 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Warehousing & Storage– Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle access-ways), plus 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of up to 10% office space; if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. Wholesaling Buildings with 100,000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of GFA. Buildings with more than 100,000 square feet of GFA: 1 space per 1,000 square feet of GFA. SECTION 22. That Section 18.92.050 (“B” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.050 "B" WORDS, TERMS AND PHRASES. "Bar.” An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control, and where no cover charge or admittance fee is charged to patrons. "Basement.” An area of building designed for occupancy or use with the ceiling located entirely at or below the finished grade of the land. "Bed and Breakfast Inn.” See Chapter 18.36 (Types of Uses). "Bedroom.” A private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition, except as provided herein. All rooms (other than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a bedroom. “Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage. “Beer manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. “Block.” All property fronting upon one side of a street between intersecting streets, or between a street and right -of-way, waterway, terminus of a dead-end street or city boundary. “Brandy manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that is engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. “Building.” A permanently located structure having a roof (all forms of vehicles, even if immobilized, are excluded). 55 “Building, Main.” A building within which is conducted the principal use permitted on the lot as provided by this title. “Building, Height.” See “Height, Structural.” “Building Site.” The ground area of one (1) or more lots, as defined herein, when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. “Business.” The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services. SECTION 23. That Section 18.92.060 (“C” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.060 "C" WORDS, TERMS AND PHRASES. “California Massage Therapy Council” or “CAMTC”. The non-profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g). “CAMTC Certificate”. A Massage Practitioner or Massage Therapist certificate issued by the California Massage Therapy Council. “Canopy”. A freestanding, roof-like structure without enclosing walls, supported by columns, poles or braces extending from the ground. “Carnival”. A temporary organized program for entertainment or exhibition. The event is typically operated by an organization whose primary business is to operate the entertainment such as rides or amusement games. Festivals are also included. “Carport”. A permanently roofed structure with not more than two (2) enclosed sides, used, or intended to be used, for automobile shelter and storage. “Chair Massage”. A massage as defined in Section 18.92.160, where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. “Chief of Police”. The Chief of Police of the City of Anaheim, or his/her designated representative. “Child Day Care Center, Preschool and Nursery”. An establishment or home (other than a large family day care home or a small family day care home, as defined in this title) which provides care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. “City”. The City of Anaheim. “City Council”. The City Council of the City of Anaheim. “City Manager”. The City Manager of the City of Anaheim, or his/her designated representative. “Club”. An association of per sons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business. “Commercial Retail Center”. Any combination of two (2) or more commercial uses or commercial busine sses, otherwise permitted or conditionally permitted in the zone in which they are located, and which the uses or businesses are either: (i) located on a single parcel of property; 56 (ii) constructed as a single development project; or (iii) result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. “Commission”. The Planning Commission of the City of Anaheim, unless some other commission is specifically mentioned. “Computer”. Any electronic device designed or intended to access the Internet, or for interconnection with other devices for playing electronic games. “Computer Rental/Internet Amusement Business”. A business establishment which, for compensation, provides for public use of computers or electronic communication devices, to which computers are connected, for the purpose of providing its patrons with access to the Internet, e- mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments commonly known variously as PC (personal computer) cafes or zones, Internet cafes or zones, cyber cafes or cyber centers or similar descriptions or uses are expressly included within the foregoing definition. Educational institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Code, are not included. “Condominium”. An estate in real property, consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, as defined in California Civil Code Section 1351. “Condominium Hotel”. A building or group of buildings containing residential condominium units which are owned by individual investors and may be made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. “Convenience Stores”. A market or grocery store having an enclosed gross floor area of less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of prepackaged food items, and secondarily in a limited range of household items, magazines, off- sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumed, on the premises. “Conviction” or “Convicted”. A plea or verdict of guilty or a conviction following a plea of nolo contendere. “Coop”. A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. “Corral”. A yard that is enclosed to adequately confine animals. “Cover Charge”. An admission fee imposed upon patrons, including advanced prepayment for meals and similar fees. “Crib Walls”. A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often including space for the planting of creeping and/or cascading foliage. “Customer Area”. Any area open to customers of the establishment. SECTION 24. That Section 18.92.070 (“D” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.070 "D" WORDS, TERMS AND PHRASES. “Dance–One-Day.” A dance open to the public for an admittance fee or charge which is held on one day only. The dance is typically held in locations that have space for rent such as a banquet hall or hotel. 57 “Dance Venue.” A place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week. "Delicatessen.” A store where ready-to-eat food products or delicacies, such as cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for consumption either on or off the premises. "Density.” The number of dwelling units per acre of land, including the area used for open space, recreational uses, and accessory uses associated with the residential use, but excluding public and private streets, public and private easements for ingress and egress, and any area used for non-residential purposes. “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California who produces distilled spirits from naturally fermented materials or in any other manner. “Dormitory.” A facility used principally for sleeping accommodations where such facility is related to an educational or public institution, including religious institutions. "Driveway.” A private roadway used exclusively for providing ingress and egress to a parking space, garage, dwelling or other structure; a “Driveway” does not include space for the parking of vehicles or the storage of materials. "Dwelling.” A building, or portion thereof, designed exclusively for resident ial purposes, including single-family and multiple-family dwellings, but not including hotels, motels, boarding houses. "Dwelling Unit.” One (1) or more rooms in a dwelling, designed for occupancy by one family for living and sleeping purposes, and having only one (1) kitchen. "Dwelling, Multiple-Family.” See Chapter 18.36 (Types of Uses). "Dwelling, Single-Family Attached.” See Chapter 18.36 (Types of Uses). “Dwelling, Single-Family Detached.” See Chapter 18.36 (Types of Uses). SECTION 25. That Section 18.92.090 (“F” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.090 "F" WORDS, TERMS AND PHRASES. “Family.” An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a Boarding House, club, fraternity, sorority, Hotel, Motel, or any. Community Care Facilities – Licensed, Community Care Facilities – Unlicensed, Sober Living Homes, Alcoholism or Drug Recovery or Treatment Facilities or Senior Living Homes that require a regulatory permit or a conditional use permit. “Family Day Care.” Regularly provided care, protection and supervision of fourteen (14) or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians of such children are away. The term “Provider,” as used herein, means a person who operates a “Family Day Care” home and is licensed or registered pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of the California Health and Safety Code. 58 “Family Day Care Home, Large.” A home, located in a single-family dwelling in a residential zone, which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home, as defined in regulations of the California Department of Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations). “Family Day Care Home, Small.” A home, located in a single-family dwelling in a residential zone, which provides family day care to eight (8) or fewer children, including children who reside at the home, as defined in regulations of the California Department of Social Services. “Fences, Walls, Hedges and Berms.” A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term “Continuous Barrier,” as used herein, includes: any masonry or rock wall; any wood, iron, st eel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and/or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a property. “Figure Model.” Any person, male or female, either nude or semi-nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct. “Figure Model Studio.” Any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi-nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services. “Fireworks”. Those fireworks that are defined and classified as Safe and Sane Fireworks (also known as “state-approved fireworks”") in Sections 12529 and 12562 of the Health and Safety Code of the State of California and the relevant sections of Chapter 6, Title 19, California Code of Regulations), or any successor provision thereto, subject to regulation by the City Council. “Floodplain.” Area susceptible to flooding, defined as the “regulatory floodway” and designated as a “special flood hazard area” (subject to a one percent (1%) or greater chance of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area. “Floor Area, Gross.” The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. “Floor Area, Livable.” The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking. “Floor Area Ratio.” The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area. “Fortunetelling.” A business involving fortunetelling. The term “fortunetelling” shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, 59 mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. SECTION 26. That Section 18.92.150 (“L” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.150 "L" WORDS, TERMS AND PHRASES. “Landing.” A platform without a roof, situated between flights of stairs, or at the head or foot of a flight of stairs. “License Collector.” The License Collector of the City of Anaheim, or his/her designated representative. “Liquor Store.” A retail establishment in which the primary use is the sale of alcoholic beverages for off-premises consumption. “Living Area.” The area within a single-family house, excluding the attic, basement and garage. “Loading Space.” An off-street space on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. “Lot.” (1) A parcel of real property shown as a delineated parcel of land, with a number or other designation, on a plat recorded in the Office of the County Recorder of Orange County, on or before November 25, 1975; or (2) a parcel of real property, lawfully created, not delineated as in (1) above, and except as provided for in Sect ion 18.10.120 (Street Frontage/Land Subdivision) abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, and held under separate ownership from adjacent property prior to November 25, 1975; or (3) a parcel of real property, lawfully created, not delineated as in (1) above, and containing an area not less than the prescribed minimum square footage and lot width required for the zone in which it is located, and abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to November 25, 1975. “Lot Area.” The total horizontal area within the boundary lines of a lot. “Lot, Corner.” A lot situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five (135) degrees. “Lot Coverage.” The percentage of the lot covered by buildings or structures, including all covered parking spaces, but not including walkways and driveways; swimming pools and semi-enclosed patio structures are not included in single-family residential zones; and recreational-leisure buildings and facilities are not included in multiple-family residential zones. “Lot, Depth.” The depth of a lot shall be the horizontal length of a straight line, connecting the bisecting points of the front and the rear lot lines. “Lot, Flag.” A lot with vehicular access provided from the street to the bulk of the lot by means of a narrow corridor. “Lot Frontage.” The property line or lines of a lot that abut a public or private street or other recorded vehicular accessway. 60 “Lot, Interior.” A lot other than a corner lot. “Lot, Key.” The first lot to the rear of a reversed corner lot, whether or not separated by an alley. “Lot Line, Front.” In the case of an interior lot, a line separating the lot from the public right -of-way (excluding alley); in the case of a corner lot, the line separating the narrowest street frontage from a public right-of-way. “Lot Line, Rear.” A lot line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line in the case of an irregular, triangular or gore- shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the “Rear Lot Line.” “Lot Line, Side.” Any lot boundary line not a front lot line or a rear lot line. “Lot, Reversed Building Frontage.” A corner lot in a single-family residential zone, on which the dwelling is constructed so as to front onto the street lot line with the longest street frontage. “Lot, Reversed Corner."” A corner lot, the side street line of which is substantially a continuation of the front lot line of the corner upon which it rears. “Lot, Through.” A lot having frontage on two (2) parallel or approximately parallel streets. “Lot Width.” The horizontal distance between the side lot lines, measured at the front setback line. SECTION 27. That Section 18.92.210 (“R” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.210 "R" WORDS, TERMS AND PHRASES. "Recreational Facilities." A facility used for the refreshment of body and mind through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools, saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a computer rental/Internet amusement business as defined in this chapter. "Recreational Vehicle." Any vehicle defined by the California Health and Safety Code Section 18010. Recreational Vehicles include boats, personal water craft, off-road vehicles, and trailers. "Recreational Vehicle Park." Any area or tract of land where space is rented to accommodate one or more automobile trailers, including any van, camper, recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations. "Regional Shopping Center." A retail shopping area consisting of a group of retail and other commercial businesses designed, developed and managed as an integrated entity, that provides a wide range and variety of general merchandise and services, and is intended to attract shoppers from more than one city. "Residential Zone." Any Zone, Overlay Zone or Specific Plan Development Area that permits Dwellings, Multiple -Family; Dwellings, Single-Family Attached; and/or, Dwellings Single-Family Detached by right or by conditional use permit; and, the Mobile Home Park Overlay (MHP) Zone. "Resolution of Intent." A resolution to reclassify property from one zone to another that has been approved by the Planning Commission or City Council, but in connection with 61 which an ordinance has not been adopted on by the City Council; a "Resolution of Intent" does not establish any vested rights in the reclassification. "Responsible Employee." The person(s) designated by the Operator of the Massage Establishment to act as the representative or agent of the Operator in conducting day-to-day operations. A Responsible Employee may also be an owner. "Restaurant." An establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption, either on or off the premises. The term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation or kitchen area for a restaurant shall be permanently designed for food preparation and food storage purposes, and shall constitute not less than twenty percent (20%) of the gross floor area of the restaurant, including outdoor dining areas. No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. "Restaurant, Drive-In." A restaurant where provision is made for vehicles to park on the premises, and food is ordered from and served directly to patrons in the vehicle for consumption by patrons in vehicles while they are parked on the premises. "Restaurant, Drive-Through." A restaurant where provision is made for one (1) or more drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at a separate location, either on or off the premises. "Restaurant, Enclosed." A restaurant in which the preparation, service and consumption of meals is conducted entirely within a building. "Restaurant, Fast Food." A restaurant where food is customarily ordered by patrons at a counter located inside the building with tables and seating for more than twenty (20) patrons. "Restaurant, Full Service." A restaurant 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 this chapter. "Restaurant, Outdoor Dining." A restaurant in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an outdoor dining area as defined in this chapter. "Restaurant, Take-Out." A restaurant where food is prepared on the premises and customarily ordered by patrons, while standing at a window or counter located inside the building, regardless of the manner in which said food is thereafter served or whether said food is consumed on or off the premises, and which may provide an indoor and/or outdoor seating area having a cumulative maximum total of not more than twenty (20) seats in an area proportional to the number of tables and seats. "Restaurant, Walk-Up." A restaurant where food is prepared on the premises, and service to the customer is by means of a window or opening to the outside of the building, at which the customer places and receives an order, which may be consumed on the premises. "Restaurant, With Accessory Entertainment." A restaurant, with or without on- premises sale and consumption of alcoholic beverages, wherein music and/or live entertainment is provided for patrons to dance or otherwise be entertained, which is regularly open to the public without the payment of a cover charge or admittance fee, and is not a sex- oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses). Entertainment is, and shall at all times be, accessory to the primary restaurant use. No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. 62 "Restaurant, With On-Premises Sale and Consumption of Alcoholic Beverages." A restaurant, either enclosed or with outdoor dining, where alcoholic beverages are sold to and consumed by patrons upon the premises, either within an accessory cocktail lounge or in a designated dining area, in conjunction with the serving and consumption of a meal. Said establishment shall have, and maintain all requisite permits and approvals from and as required by the California Department of Alcoholic Beverage Control, and shall meet the requirements of a bona fide eating place as defined by Section 23038 of the California Business and Professions Code, and any successor provision thereto, and the definition of a restaurant as set forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use. "Right -of-Way." A strip of land used or intended to be used for transportation purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for water, wastewater, telecommunications, electricity or natural gas. "Room, Habitable." A space in a structure and designed or used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable rooms. SECTION 28. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.220 "S" WORDS, TERMS AND PHRASES. "Schools, Elementary, Junior High and High." An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. "Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project." An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's dwelling unit" in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development." A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit that does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station." A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. 63 "Setback, Required." The minimum dimension between a structure and the adjacent public right -of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit." A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. If the dwelling is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises. The membership of the household is determined by the residents, not by a landlord, property manager or other third party. Other typical factors that indicate a household operating as a Single Housekeeping Unit may include, but not limited to, the following: the residents do not have separate and private entrances from other residents; the residents do not have a separate secured food facilities such as separate refrigerators or food-prep areas; the household is strictly resident -run; there is no care or supervision provided by a third-party or a paid resident/house manager at the dwelling unit or on the property. "Smoking Lounges." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event." A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private." A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public." A stable other than a private stable. "Story." That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2 -1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street." A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line." The boundary line between a street and abutting property. "Street Side." That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure." Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations." Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit." A dwelling unit without a bedroom. 64 SECTION 29. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1)) of Chapter 18.112 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) 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: Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural crops P Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverages – Off-Sale N Except as permitted subject to Section 18.116.070.090 or as an accessory use incidental to and integrated within a hotel or motel. Alcoholic Beverages – On-Sale P Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) N Ambulance Services N Amusement parks, theme-type complexes, aviaries, zoos C Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical con finement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be con fined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Boarding C No animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and bird s shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas – Broadcasting C Antennas – Telecommunications T Stealth facilities integrated within a building are permitted subject to Section 18.38.060 and Section 18.62.020. Freestanding ground-mounted facilities including stealth facilities are not permitted. Automated Teller Machines (ATM’s) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Automotive – Vehicle Sales, Lease & Rental N/C Car sales are prohibited. Automotive – Rental not otherwise permitted by Table 116-D requires a conditional use permit. Automotive –Parts Sales N 65 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Repair and Modification N Automotive – Service Station C Subject to requirements of Section 18.38.070 (Automotive Service Stations) and subsection 18.116.070.090. Automotive – Washing C In conjunction with an Automotive – Service Station only. Bars & Nightclubs C Bed and Breakfast Inns N Beekeeping N Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Boat and RV Sales N Boarding House N Building and Material Sales N Cemeteries N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini- malls and other shopping centers not in conformance with the requirements of a Specialty Center, as defined in Section 18.116.030 (Definitions) and detailed within this table (Table 116- C). Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community and Religious Assembly C Computer Internet & Amusement Facilities N Convalescent & Rest Homes N Convenience Stores N Except as allowed by Section 18.116.070.090. Conversion of hotels or motels to semi-permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. Dance & Fitness Studios – Large N Dance & Fitness Studios – Small N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Day Care Centers P/C Permitted by right as an accessory use incidental to and integrated within a hotel or motel; permitted by CUP as a primary use Drive-Through Facilities N Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Entertainment Venue C 66 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Equipment Rental – Large N Equipment Rental - Small N Golf Courses & Country Clubs C Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Markets – Large N Markets – Small N Medical & Dental Offices N Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C Nonconforming Structure – Office uses in a legal nonconforming building C Non -publicly operated convention centers C Including exhibition halls and auditoriums Offices – Development C Office buildings when accessory to, and integrated as part of, an on- site permitted primary or when located in a legal nonconforming building. 67 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Offices – General C Office buildings when accessory to, and integrated as part of, an on- site permitted primary or when located in a legal nonconforming building Oil Production N Outdoor storage yards N Except as otherwise permitted in this Zone Personal Services – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Personal Services – Restricted N Plant Nurseries N Public Services C Recreation – Billiards C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Indoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Outdoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Low Impact C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Swimming & Tennis C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. Recycling Services – General N Recycling Services – Processing N Repair Services – General N Repair Services – Limited N Research & Development N Restaurants – General P Enclosed and with outdoor dining Restaurants – Drive-through N Restaurants with accessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Retail Sales – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or subject to the requirements for a specialty retail center Retail Sales – Kiosk N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or as part of a conditional use permit for a specialty retail center Retail Sales – Outdoor N Retail Sales – Used Merchandise N Senior Living Facilities (Large) N Sober Living Homes (Large) N 68 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Self Storage N Sex-oriented businesses N As defined in Chapter 18.92 (Definitions) Specialty retail centers C Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on -premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. Structures – Height exceeding 1/2 the distance from the building or structure to a single- family, multi-family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures – Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial Recreation Area). N Structures – Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay). 69 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Studios – Br oadcasting C Including accommodations for filming/taping in front of live audiences. Studios – Recording C Including accommodations for filming/taping in front of live audiences. Towing Services C Permitted only in conjunction with Automotive – Service Station. Transitional and Supportive Housing N Transportation facility C As defined in subsection 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter. Truck Repair & Sales N Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Warehousing & Storage – Enclosed N Wholesaling N SECTION 30. That Table 120-A (Primary Uses by Development Area: 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: Table 120-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA- 1 DA- 2 DA- 3 DA- 4 DA-5 DA- 6 Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) N N C N N N Community Care Facilities – Licensed (Small) N N C N N N Community Care Facilities – Unlicensed (Small) N N C N N N Subject to §18.38.123 Dwellings–Multiple Family N N C N N N Dwellings–Single-Family Attached N N C N N N Dwellings–Single-Family Detached N N N N N N Mobile Home Parks N N N N N N 70 Table 120-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA- 1 DA- 2 DA- 3 DA- 4 DA-5 DA- 6 Special Provisions Senior Citizen Housing N N C N N N Senior Citizens’ Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) N N C N N N Sober Living Homes (Small) N N C N N N Subject to §18.38.123 Supportive Housing N N C N N N Transitional Housing N N C N N N SECTION 31. That Table 120-B (Primary Uses by Development Area: 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: Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required 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 Manufacturing P/C P/C P/C P/C P/C C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale N N P/C P/C P/C N Permitted without a conditional use permit in DA 3, DA 4 and DA 5 if use is in conjunction with Markets– Large Alcoholic Beverage Sales–On-Sale P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when in conjunction with Restaurants–Full-Service, Restaurants–General and Restaurants–Outdoor Dining Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) N N C C C N Ambulance Services P P N N C C Animal Boarding P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270 Animal Grooming P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270 Antennas–Broadcasting P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit if 71 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions designed similar to stealth telecommunications facility, as defined in Section 18.38.060.030.0312 Antennas–Private Transmitting T T T T T T Antennas– Telecommunications– Stealth Building-Mounted T T T T T T Subject to Sections 18.38.060 & 18.62.020 Antennas– Telecommunications– Stealth Ground-Mounted T T T T T T Subject to Section 18.36.060 Antennas– Telecommunications– Ground -Mounted (Non- Stealth) N N N N N N Automated Teller Machines (ATM’s) P P P P P P Subject to Section 18.36.040 Automotive–Vehicle Sales, Lease & Rental C C C N C N Automotive–Sales Agency Office (Retail) C C C C C N Subject to Section 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C Subject to Section 18.16.055 and Section 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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 C N N N N Subject to Section 18.38.200 Automotive–Public Parking P P P P P P Automotive–Parts Sales P/C P/C N P/C P/C N Permitted without a conditional use permit when conducted entirely indoors Automotive–Repair and Modification: Major C C N C C N Automotive–Repair and Modification: Minor M M N M M N Automotive–Service Stations P P C P P N Subject to Section 18.38.070; In DA-3, must be adjacent on to both La Palma and Tustin Avenues Automotive–Washing C C C C C C Banquet Halls C C C C C C 72 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Bars & Nightclubs N N C C C N Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080 Beekeeping C C N N N C Billboards N N N N N N Building Material Sales C C N N C N No more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to Sections 18.38.190 and 18.38.200 Business & Financial Services P P P P P N Boarding House N N C N N N Cemeteries N N N N N N Commercial Retail Centers N N P/C P/C P/C N Subject to Section 18.38.115; otherwise, a conditional use permit is required. Community Care Facilities – Licensed (Large) N N C C C N Community Care Facilities – Unlicensed (Large) N N C C C N Subject to §18.38.123 Community & Religious Assembly N N C C C N Permitted in DA-1 pursuant to Conditional Use Permit No. 2016-05874. Computer Internet & Amusement Facilities N N N N N N Convalescent & Rest Homes N N C C C N Convenience Stores N N P P P N Subject to Section 18.38.110; otherwise, a conditional use permit is required. Dance & Fitness Studios– Large N N P P P N Dance & Fitness Studios– Small N N P P P N Day Care Centers P/C P/C P/C P P N Permitted without a conditional use permit in DA-1, DA-2 and DA-3 if integrated within a multi- tenant office building as an accessory use to serve office tenants. Drive-Through Facilities N N P/C P/C P/C N Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use 73 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Educational Institutions– Business P P P P P N Educational Institutions– General N N C C C N Educational Institutions– Tutoring N N P P P N Subject to Section 18.36.040.050 Emergency Shelters (50 of fewer occupants) P P N N N N Subject to Section 18.38.125 Emergency Shelters (more than 50 occupants) C C N N N N Subject to Section 18.38.125 Entertainment Venue N N C C C N Equipment Rental–Large P/C P/C N P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment Equipment Rental–Small P/C P/C P/C P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment Golf Courses & Country Clubs N N N N N C Helipads & Heliports P/C P N N C N Requires a conditional use permit in DA-1 if the use is located within 1,000 feet from a residentially-zoned parcel Hospitals C C N N C N Hotels N N C N C N Industry P P N N M C Industry–Heavy P P N N N C Junkyards C C N N N N Subject to Section 18.38.200 Markets–Large N N P P P N Markets–Small N N P/C P/C P/C N Subject to Section 18.38.155; otherwise, a conditional use permit is required Medical & Dental Offices M M P P P N Mortuaries C C N N N N Motels N N C N C N Offices–Development P P P P P N Offices–General P P P P P N Oil Production C C N N N N Subject to Section 18.38.180 Outdoor Storage Yards P/C P/C N N N N Permitted without a conditional use permit if all storage is screened from view; subject to Section 18.38.200, otherwise a 74 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Conditional Use Permit is required. Personal Services– General N N P/C P/C P/C N Laundromats are subject to Section 18.38.150; otherwise, a conditional use permit is required. Massage subject to Section 18.16.070 Personal Services– Restricted N N C C C N Plant Nurseries P/C P/C N P/C P/C P/C Subject to Sections 18.38.190, 18.38.200 and 18.38.205; otherwise, a conditional use permit is required. Public Services P P C C C N Recreation–Billiards N N P/C P/C P/C N Subject to Section 18.38.085; otherwise, a conditional use permit is required. Recreation–Commercial Indoor N N C P P N Amusement arcades are allowed only in conjunction with a hotel, motel, or a bowling alley Recreation–Commercial Outdoor N N C C C C Recreation–Low-Impact P P P P P P Recreation–Swimming & Tennis N N P/C P/C P/C P/C Permitted without a conditional use permit if use is conducted wholly indoors Recuperative Care/Medical Respite P/C P/C N N N N Subject to Section 18.38.125 Recycling Services– General C P N N N C Subject to Chapter 18.48 Recycling Services– Processing P/C P N N N P/C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed in DA-1 and DA-6 without a conditional use permit Repair Services–General P P P P P N Repair Services–Limited P P P P P N Research & Development P P P P P P Restaurants–Full Service N N P P P N Restaurants–General C C P P P C Permitted without a conditional use permit when a part of an industrial or office complex of 5 or more units Restaurants–Outdoor Dining C C P P P C Subject to Section 18.38.220 75 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Retail Sales–General C/N C/N P P P N Permitted by conditional use permit in DA-1 & DA-2 only if the retail is industrially- related or household furniture occupying a minimum of 50,000 square feet of building floor area. Retail Sales–Kiosks N N M M M C Retail Sales–Outdoor N N C C C C Subject to Sections 18.38.190 and 18.38.200 Retail Sales–Used Merchandise N N P P P N Self-Storage C C N N N N Subject to Council Policy No. 7.2 Senior Living Facilities (Large) N N C C C N Sober Living Homes (Large) N N C C C N Subject to §18.38.123 Sex-Oriented Businesses P P N N N N Subject to Chapter 18.54 Smoking Lounge N N P/C P/C P/C N Subject to Section 18.16.080; otherwise, conditional use permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C N Permitted without a conditional use 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 & Sales P P N N C N Subject to Section 18.38.200 Utilities–Major C C C C C C Utilities–Minor P P P P P P Payphones must be located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270; otherwise, a conditional use permit is required. Warehousing & Storage- Enclosed P P N N P C Wholesaling P P N N P C Wine Bars N N C C C N SECTION 32. That Table 122-A (Primary Uses by Development Area: Residential Use Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) 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: 76 Table 122-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R-M MU- M MU- H N-C R-C O S-P P-R Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) P P P P N N N N N Community Care Facilities – Licensed (Small) P P P P N N N N N Community Care Facilities – Unlicensed (Small) P P P P N N N N N Subject to §§18.16.058 and 18.38.123 Dwellings– Multiple Family P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non - residential uses require approval of a CUP Dwellings– Single-Family Attached P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non- residential uses require approval of a CUP Dwellings– Single-Family Detached C N N N N N N N N Mobile Home Parks C N N N N N N N N Senior Citizen Housing C C C C N N N N N Senior Citizens' Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) P P P P N N N N N Sober Living Homes (Small) P P P P N N N N N Subject to §§18.16.058 and 18.38.123 Supportive Housing P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use 77 Table 122-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R-M MU- M MU- H N-C R-C O S-P P-R Special Provisions project with non- residential uses require approval of a CUP Transitional Housing P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non- residential uses require approval of a CUP SECTION 33. That Table 122-B (Primary Uses by Development Area: Residential Use Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) 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: Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Agricultural Crops N N N N N N N N N Alcoholic Beverage Manufacturing N N P/C P/C P/C P/C N N N Subject to 18.38.025; Permitted without a CUP if building is less than 6,000 square feet and in the MU-M, MU-H, N-C or R-C Alcoholic Beverage Sales-Off-Sale N N P/C P/C P/C P/C N N N Permitted without a CUP if use is in conjunction with Markets–Large and in the MU-M, MU-H, N - C or R-C Alcoholic Beverage Sales-On-Sale N N P/C P/C P/C P/C N N N Permitted without a CUP when in conjunction with Restaurants-Full- Service, Restaurants- Gen eral and Restaurants-Out door Dining and in the MU- M, MU-H, N-C or R-C Alcoholism or Drug Abuse Recovery or C C C C C C N C N 78 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Treatment Facilities (Large) Ambulance Services N N N N C C N C N Animal- Boarding N N N N P/C P/C N N N Permitted without a CUP when conducted entirely indoors subject to 18.38.270 and in the N-C or R-C Animal- Grooming N N P/C P/C P/C P/C N N N Permitted without a CUP when conducted entirely indoors, subject to 18.38.270 and in the MU-M, MU-H, N-C or R-C Antennas– Broadcasting C C P/C P/C P/C P/C P/C C C Permitted without a CUP if designed similar to stealth telecommunications facility as defined in 18.38.060.030.0312 and in the MU-M, MU-H, N-C, R-C or O Antennas–Private Transmitting P C C C N N N N N Subject to 18.38.040 Antennas– Telecommunications Ground -Mounted (Non -Stealth) N N N N N N N N N Antennas– Telecommunications- Stealth Building- Mounted T T T T T T T T T Subject to 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground- Mounted N C C C T T T T T Subject to 18.38.060 Automatic Teller Machines (ATM's) N N N N P P P P P Subject to 18.36.040 Automotive-Impound Yards N N N N N N N N N Automotive-Parts Sales N N N N N N N N N Automotive-Public Parking N N C C C C C C C Automotive-Repair & Modification: Major N N N N C C N N N Allowed with a CUP only if use is in conjunction with Markets-Large and in the N-C or R-C 79 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Automotive-Repair & Modification: Minor N N N N M M N N N Allowed with a MCUP only if use is in conjunction with Markets-Large and in the N-C or R-C Automotive-Sales Agency Office (Retail) N N N N N N N N N Automotive-Sales Agency Office (Wholesale) P P P P P P P N N Subject to 18.16.055 for office use only; no on -site storage, display or parking of any vehicle being held as inventory Automotive-Service Stations N N N N N N N N N Automotive-Vehicle Sales, Lease & Rental N N N N N N N N N Automotive-Washing N N N N N N N N N Bail Bonds N N N N N N N N N Banquet Halls N N C C C C C C C Bars and Night Clubs N N C C C C N N N Bed & Breakfast Inns N N N N N N N N N Beekeeping N N N N N N N N N Billboards N N N N N N N N N Boarding House N N N N N N N N N Building Material Sales N N N N N N N N N Business and Financial Services N N P P P P P N N Check cashing and bail bond establishments are prohibited Cemeteries N N N N N N N N N Commercial Retail Centers N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Community Care Facilities – Licensed (Large) C C C C C C N C N Community Care Facilities – Unlicensed (Large) C C C C C C N C N Subject to §18.38.123 Community & Religious Assembly N N C C C C C C C Computer Internet & Amusement Facilities N N N N N N N N N 80 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Convalescent & Rest Homes N C C C C C C C C Convenience Store N N C C C C N N N Subject to § 18.38.110; Only allowed in conjunction with Automotive-Service Stations or if integrated with a mixed-use development; Hours of operation are limited to between the hours of 5:00 a.m. and 12:00 a.m. Dance and Fitness Studios- Large N N P P P P P C C Dance and Fitness Studios- Small N N P P P P P P P Day Care Centers C C C C C C C C C Drive-Through Facilities N N N N P/C P/C P/C N N Hours of operation are limited to between the hours of 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; Permitted without a CUP as an accessory use if in conjunction with Business and Financial Services as the primary use and in the N-C, R- C or O Educational Institutions-Business N N P/M P/M P/M P/M P/M P/M P/M Permitted without a MCUP if the institution has ten students or less and in the MU-M, MU-H, N - C, R-C, O, S-P, or P-R Educational Institutions-General C C C C C C C C C Educational Institutions-Tutoring N N P P P P P P P Emergency Shelters N N N N N N N N N Entertainment Venue N N C C C C N N C Equipment Rental- Large N N N N N N N N N Equipment Rental- Small N N N N N N N N N 81 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Golf Courses & Country Clubs N N N N N N N N N Helipads & Heliports N N N N N N N C N Hospital N N N N N N N C N Hotels N N N N/C N N/C N N N Hotels are permitted by CUP in the MU-H and R-C. Industry N N N N N N N N N Industry-Heavy N N N N N N N N N Junkyards N N N N N N N N N Markets-Large N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Markets-Small N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Medical & Dental Offices N N P P P P P P P Medical Marijuana Dispensaries N N N N N N N N N Mortuaries N N N N P P N N N Motels N N N N N N N N N Motels, including adaptive reuse of motels, are prohibited. Office-Development N N P P P P P N N Office-General N N P P P P P P P Oil Production N N N N N N N N N Outdoor Storage Yards N N N N N N N N N Personal Services- General N N P/C P/C P/C P/C N P/C N In the MU-M, MU-H, N-C, R-C and S-P the following Personal Services – General uses have the following additional requirements: • Laundromats are subject to 18.38.150, otherwise a CUP is required; • Tattoo and massage establishments require a CUP 82 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Personal Services- Restricted N N N N C C N N N Plant Nurseries N N N N N N N N N Public Services N N P P P P P P P Recreation–Billiards N N N N C C N N N Recreation– Commercial Indoor N N C C C C N C P Recreation– Commercial Outdoor N N C C C C N C P Recreation–Low- Impact P P P P P P P P P Recreation– Swimming & Tennis N N C C C C N C P Recycling Services- General N N N N N N N N N Recycling Services- Processing N N N N N N N N N Repair Service- General N N N N P P N N N Repair Service- Limited N N P P P P N N N Research & Development N N C C C C P N N Restaurants–Full Service N N P/C P/C P/C P/C C C C In the MU-M, MU-H, N-C or R-C, hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R hours may be further limited by the CUP Restaurants–General N N P/C P/C P/C P/C C C C In the in the MU-M, MU-H, N-C or R-C hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R hours may be further limited by the CUP Restaurants–Outdoor Dining N N P/C P/C P/C P/C C C C Subject to 18.38.220; In the in the MU-M, MU-H, N-C or R-C 83 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R hours may be further limited by the CUP Retail Sales–General N N P P P P N N N In the in the MU-M, MU-H, N-C or R-C hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Pawn shops, tobacco and vape sales are prohibited Retail Sales-Kiosks N N M M M M N N M Retail Sales–Outdoor N N C C C C N N N Subject to 18.38.190 and 18.38.200 Retail Sales–Used Merchandise N N N N N N N N N Self Storage N N N N N C N N N Subject to City Council Policy No. 7.2; Limited to areas east of Beach Boulevard and North of Lincoln Avenue Senior Living Facilities (Large) C C C C C C N C N Sober Living Homes (Large) C C C C C C N C N Subject to §18.38.123 Sex-Oriented Businesses N N N N N N N N N Short-Term Rentals N N N N N N N N N Smoking Lounge N N N N N N N N N Studios-Broadcasting N N N N P/C P/C N N N Permitted without a CUP if there is no live audience and located in the N-C or R-C. Studios-Recording N N C C P P P N N Swap Meets, Indoor and Outdoor N N N N N N N N N Towing Services N N N N N N N N N Transit Facilities N N N N C C C C C Truck Repair & Sales N N N N N N N N N Utilities- Major N N N N N N N N N Utilities- Minor C C P P P P P P P 84 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Veterinary Services N N P/C P/C P/C P/C P/C P/C N Permitted without a CUP if use complies with 18.38.270 and located in the MU-M, MU-H, N-C, R-C, O or S-P. Warehousing & Storage-Enclosed N N N N N N N N N Wholesaling N N N N N N N N N Wine Bars N N C C C C N N N SECTION 34. 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 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. SECTION 35. 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 36. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. /// /// /// /// /// 85 /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020, 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 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMI LY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL- PURPOSE ZONES); 18.16 (REGULATORY PERMITS); 18.22 (BROOKHURST COMMERCIAL CORRIDOR (BCC) OVERLAY ZONE); 18.24 (SOUTH ANAHEIM BOULEVARD CORRIDOR (SABC) OVERLAY ZONE; 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.42 (PARKING AND LOADING); 18.92 (DEFINITIONS); 18.112 (MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SP 90-4) ZONING AND DEVELOPMENT STANDARDS); 18.116 (ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2) ZONING AND DEVELOPMENT STANDARDS); 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS); AND 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017- 1) ZONING AND DEVELOPMENT STANDARDS) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15060(C)(2) AND 15060(C)(3) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IT IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2020-00170) (DEV2020-00002) WHEREAS, under the California Constitution, Article XI, Section 7, the City of Anaheim (“City”) is granted broad police powers to preserve public health and safety and general welfare of their residents; and WHEREAS, in exercising its police power, the City may act to restrict residential zones to specified types of uses deemed compatible with such areas to promote public health, safety and general welfare; and WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibits pubic agencies from making land use decisions or policies that exclude or otherwise discriminate against persons with disabilities or other protected classes; and ATTACHMENT NO. 2 2 WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to the disabled, to free the disabled from institutional style living to the extent possible, and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide reasonable accommodation to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and WHEREAS, cities are required to treat state licensed community care facilities and alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents as a residential use; and WHEREAS, any facility which provides non-medical alcoholism or drug abuse recovery, treatment or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs (“ADP”). Health and Safety Code Section 11834.30 provides that no person “shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to provide recovery, treatment or detoxification services” without first obtaining an ADP license; and WHEREAS, in ena cting this Ordinance the City Council desires to strike a balance between the City’s and residents’ interest in preserving the residential characteristics of residential neighborhoods and providing opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled; and WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as state licensed and non-state licensed community care facilities, and state-licensed alcoholism or drug recovery or treatment facilities and non-state licensed alcoholism or drug recovery or treatment facilities hereinafter “Sober Living Homes”). This increase in such facilities has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and WHEREAS, according to the California Consortium of Addiction Programs and Professionals (CCAPP), Sober Living Homes are intended to provide alcohol and drug-free support in a comfortable living environment for the maintenance of a clean and sober lifestyle; and WHEREAS , the City receives continuous resident complaints rega rding these facilities located within residential neighborhoods, expressing concerns such as overcrowding , parking, noise, and loitering; and WHEREAS, records from the State of California Department of Social Services (“DSS”) from May 28, 2020 show that the City is home to more than 100 state licensed community care facilities in the category of adult residential facility, which are typically located within single- family residential neighborhoods; and 3 WHEREAS, records from the State of California Department of Health Care Services (“DHCS”) from May 28, 2020 show that the City is home to 15 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of 10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four cities in Orange County that provides more than 200 beds within its jurisdiction; and WHEREAS, the Orange County Sheriff Department (“OCSD”) administers Orange County Adult Alcohol & Drug Sober Living Facilities Certification Program, which is a voluntary certification program for sober living homes without a state license. The purpose of this program is to provide access to quality residential facilities for the persons in need of drug and alcohol free recovery environments and to promote public safety. As of May 27 , 2020, there are 16 sober living homes in Orange County that is certified by the OCSD, providing 215 beds. Among these, six facilities are located in the City, providing 62 beds. Because this is a voluntary program, it is unlikely to represent all sober living homes operating County-wide; and WHEREAS, there is no required licensing, certification, or registration for non-state licensed community care facilities or Sober Living Homes, thus, the exact number of these facilities within the City is unknown; and WHEREAS, overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods; and WHEREAS, this Ordinance proposes to classify non-state licensed community care facilities and Sober Living Homes with six or fewer persons as residential use, provide a process whereby such facilities may locate in the residential neighborhoods, and establish certain standards to ensure quality living environment for the residents of such facilities while preserving the residential characteristics of surrounding neighborhood in which such facilities are located; and WHEREAS, this Ordinance will also provide a mechanism for such facilities to seek additional accommodation upon making a showing, as required by state and federal law, that such additional accommodation is reasonably necessary to afford the disabled the right to use and enjoy a dwelling in a manner similar to that enjoyed by the non-disabled; and WHEREAS, permitting six or fewer residents in these facilities home and establishing distance requirements is reasonable and non-discriminatory because: (1) the State legislature in establishing state licensed community care and alcoholism or drug abuse recovery or treatment facilities as a residential use, including group homes serving recovering addicts, found that six residents was a sufficient number to provide the supportive living environment that experts agree is beneficial to recovery; (2) a 1997 study by the American Planning Association recommended that residential care facilities should not be concentrated in a single neighborhood or block and that if they were to locate next to another or be placed on the same block, the ability of the residents of such facilities to be normalized into the community would be compromised; and (3) limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery; and WHEREAS, housing inordinately large numbers of unrelated adults in a single-family home or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to “live in normal residential su rroundings,” but rather places them into living environments bearing more in common with the types of institutional, campus, and/or 4 dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding; and WHEREAS, non-state licensed community care facilities, especially Sober Living Homes, often do not function as a single housekeeping unit nor do they fit the City’s zoning defin ition of a single housekeeping unit, as proposed, for the following reasons: (1) the residents generally do not have established ties to each other when they move in; (2) the residents have little to no say about who lives or doesn’t live in the home; (3) the residents do not generally share expenses; (4) the residents are often responsible for their own food, laundry and phone; (5) when residents disobey house rules they are often simply removed from the house; (6) there is a third party property manager (i.e. house manager) that oversees the operation of the facility; and WHEREAS, because of the residents’ independence from each other, non-state licensed community care facilities, especially sober living homes, may present problems not typically associated with more traditional single -family uses, including disproportionate numbers of cars associated with the facility, which may cause parking problems in the neighborhood; and WHEREAS, many residential neighborhoods in the City currently experiences parking issues, and the City has seen increased concerns from the residents, business owners and others in the community regarding overflow parking into single-family neighborhoods throughout the City. This is evident in increase in the number of petitions filed for Residential Permit Parking Program and the recent ly proposed Zoning Code amendment related to residential parking standards. As such, a requirement for all resident vehicles associated with non-state licensed community care facilities and sober living homes to be parked on-site is appropriate; and WHEREAS, a 300-foot distance requirement for non-state licensed community care facilities is appropriate as it is consistent with the State Law that regulates state licensed community care facilities, which states that there is an overconcentration of state licensed facilities if such facilities are separated by a distance of 300 feet or less; and WHEREAS, a 800-foot distance requirement for sober living homes is appropriate, as it is consistent with an average block length of a typical residential neighborhood in the City and therefore provides a reasonable market for the purchase and operatio n of a Sober Living Home in the City while preventing overconcentration of Sober Living Homes; and WHEREAS, even with the distance requirements, non-state licensed community care facilities and sober living homes are receiving preferential treatment in that non-disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and WHEREAS, notwithstanding the above, the City Council recognizes that when operated responsibly, non-state licensed community care facilities and Sober Living Homes provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing support for individuals attempting to overcome their drug and alcohol addictions; and WHEREAS, without some regulation, it is not feasible to ensure that the individuals entering into non-state licensed community care facilities and Sober Living Homes are disabled 5 individuals and entitled to reasonable accommodation under local and state law; that such facilities are operated professionally to minimize impacts to the surrounding neighborhood; that the secondary impacts from over concentration of such facilities in a neighborhood are lessened; and, that residents, who are especially vulnerable to becoming homeless upon eviction, are provided information regarding available local housing resources prior to eviction; 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 Planning Commission of the City of Anaheim, at its August 3, 2020 public hearing, recommended, by motion, that the City Council determine that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. The Planning Commission further found that the impact to the existing facilities would be limited to issuance and/or denial of a ministerial permit and potential improvements to the existing single-family home, which would make the ordinance categorically exempt under Section 15301 of the CEQA guidelines; and WHEREAS, the City Council hereby finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. The City Council further finds that the impact to the existing facilities would be limited to issuance and/or denial of a ministerial permit and potential improvements to the existing single- family home, which would make the ordinance categorically exempt under Section 15301 of the CEQA guidelines; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: Single-Family Residential Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6 Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) P P P P P P P Community Care Facilities – Licensed (Small) P P P P P P P Community Care Facilities – Unlicensed (Small) P P P P P P P Subject to §§18.16.058 and 18.38.123 Dwellings–Single-Family Detached P P P P P P C Mobile Home Parks N N N N N C N Residential Care Facilities P P P P P P P Subject to § 18.36.030.050 Senior Living Facilities (Small) P P P P P P P Sober Living Homes (Small) P P P P P P P Subject to §§18.16.058 and 18.38.123 Supportive Housing (6 or fewer persons) P P P P P P P Supportive Housing (7 or more persons) C C C C C C C Transitional Housing (6 or fewer persons) P P P P P P P Transitional Housing (7 or more persons) C C C C C C C Note on Table 4-A - Residential Classes of Uses: Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Agricultural Crops P P N N N N N Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) C C C C C C C Antennas–Private Transmitting P P P P P P P Subject to 18.38.040 Antennas– Telecommunications– Stealth Building–Mounted C C C C C C C Subject to § 18.38.060.040 Antennas– Telecommunications– Stealth Ground–Mounted N N N N N N N Antennas– Telecommunications– Ground–Mounted N N N N N N N 7 Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions Automotive–Sales Agency Office (Wholesale) P P P P P P P Subject to § 18.16.055 for office use only; no on -site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N N N C C N N Must be located on an arterial highway; subject to § 18.38.080 Beekeeping C N N N N N N Boarding House N N N N N N N Community Care Facilities – Licensed (Large) C C C C C C C Community Care Facilities – Unlicensed (Large) C C C C C C C Subject to §18.38.123 Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educational Institutions– General C C C C C C C Golf Courses & Country Clubs C C C C C C N Group Care Facilities C C C C C C C Subject to § 18.36.040.070 Oil Production N N N N N C N Subject to § 18.38.180 Public Services C C C C C C C Recreation–Low-Impact C C C C C C C Senior Living Facilities (Large) C C C C C C C Sober Living Homes (Large) C C C C C C C Subject to §18.38.123 Transit Facilities C C C C C C C Utilities–Minor C C C C C C C SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 8 Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) P P P P P Community Care Facilities – Licensed (Small) P P P P P Community Care Facilities – Unlicensed (Small) P P P P P Subject to §§18.16.058 and 18.38.123 Dwellings–Multiple Family C P P P P Subject to § 18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings–Single- Family Attached C P C C C Dwellings requiring a conditional use permit are subject to § 18.06.160 Dwellings–Single- Family Detached C P P P P (a) Allowed only when combined with single- family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major or primary arterial or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N C C C C Residential Care Facilities P P P P P Subject to § 18.36.030.050 Senior Citizen Housing C C C C C Subject to Chapter 18.50 Senior Living Facilities (Small) P P P P P Sober Living Homes (Small) P P P P P Subject to §§18.16.058 and 18.38.123 Supportive Housing C P P P P Transitional Housing C P P P P Note on Table 6-A-Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Alcoholism or Drug Abuse Recovery or C C C C C 9 Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Treatment Facilities (Large) Antennas– Broadcasting C C C C C Antennas–Private Transmitting C C C C C Subject to § 18.38.040 Antennas– Telecommunications - Stealth Building- Mounted T T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas– Telecommunications - Stealth Ground- Mounted C C C C C Subject to § 18.38.060 Antennas– Telecommunications - Ground-Mounted N N N N N Automotive–Sales Agency Office (Wholesale) P P P P P Subject to § 18.16.055 for office use only; no on -site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N C C C C Subject to § 18.38.080 Boarding House C C C C C Community Care Facilities – Licensed (Large) C C C C C Community Care Facilities – Unlicensed (Large) C C C C C Subject to §18.38.123 Community & Religious Assembly C C C C C Convalescent & Rest Homes N N N N C Day Care Centers C C C C C Educational Institutions–General N N C C C Golf Courses & Country Clubs N N C C C Group Care Facilities C C C C C Subject to § 18.36.040.070 Oil Production N C C C C Subject 18.38.180 Public Services C C C C C Recreation–Low- Impact C C C C C Recreation–Swimming & Tennis C C C C C Room & Board C C C C C Senior Living Facilities (Large) C C C C C 10 Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1 RM-2 RM-3 RM-3.5 RM-4 Special Provisions Sober Living Homes (Large) C C C C C Subject to §18.38.123 Transit Facilities C C C C C Utilities–Minor C C C C C SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) N N N N N Community Care Facilities – Licensed (Small) N N N N N Community Care Facilities – Unlicensed (Small) N N N N N Dwellings–Multiple Family N N C N N Dwellings–Multiple Family subject to 18.38.215 Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) N N N N N Sober Living Homes (Small) N N N N N Supportive Housing N N C N N Supporting Housing subject to 18.38.215 Transitional Housing N N C N N Transitional Housing subject to 18.38.215 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to § 18.38.025. Buildings larger than 6,000 11 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions square feet are subject to a Conditional Use Permit. Alcoholic Beverage Sales–Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets– Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales–On-Sa le M/C M/C M/C M/C M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) C C C C C Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas– Telecommunications- Stealth Building- Mounted T T T T T Subject to § 18.38.060 and § 18.62.020 Antennas– Telecommunications- Stealth Ground- Mounted T T T T T Subject to § 18.38.060 Antennas– Telecommunications Ground -Mounted (Non- Stealth) N N N N N Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 12 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Automotive–Vehicle Sales, Lease & Rental N N C N N Automotive–Sales Agency Office (Retail) N N C C C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C P/M/C P/M/C P/M/C P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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–Public Parking M M M M M Automotive–Parts Sales P P P N N Automotive–Repair & Modification: Major C C C N N Automotive–Repair & Modification: Minor M M M N N Automotive–Vehicle Storage M/C M/C M/C M/C M/C Permitted for up to one year by minor conditional use permit, 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–Service Stations C C C C C Subject to § 18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Banquet Halls C C C C C Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boarding House N N C N N Business & Financial Services P P P P P Cemeteries N N C N N 13 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Commercial Retail Centers P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Community Care Facilities – Licensed (Large) C C C C C Community Care Facilities – Unlicensed (Large) C C C C C Subject to § 18.38.123 Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N N N N N Convalescent & Rest Homes C C C N N Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios–Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios–Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without Conditional Use Permit if integrated within a multi- tenant office building as an accessory use to serve office tenants Drive-Through Facilities C C C C C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business P/M P/M P/M P/M P/M Institutions with ten students or less do not 14 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions require a conditional use permit Educational Institutions–General N C C C C Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental– Large P/C P/C P/C N N Permitted if equipment is completely screened from view. Conditional Use Permit required if equipment cannot be screened. Equipment Rental– Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. Conditional Use Permit required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels N C C N C Hotels, Full Kitchen Facilities N N C N C Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N C N N Motels N C C N N Offices P P P P P Personal Services– General P/C P/C P/C P/C P/C Laundromats are subject to § 18.38.150; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. 15 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Personal Services– Restri cted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190, 18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. Recreation– Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation– Commercial Outdoor C C C C C Recreation–Low- Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & Tennis P/C P/C P/C P/C P/C Permitted without Conditional Use Permit when conducted completely indoors Repair Services– General P N P N N Repair Services– Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N P P P P Restaurants–Full Service P P P C C Restaurants–General P P P C C Restaurants–Outdoor Dining P P P P P Subject to § 18.38.220 Retail Sales–General P P P P P 16 Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Retail Sales–Kiosks M M M M M Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Senior Living Facilities (Large) C C C C C Sober Living Homes (Large) C C C C C Subject to § 18.38.123 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a Conditional Use Permit if there is no live audience. Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 4. That Table 10-A (Primary Uses: Industrial Zones) 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: 17 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) N Community Care Facilities – Licensed (Small) N Community Care Facilities – Unlicensed (Small) N Mobile Home Parks C Senior Living Facilities (Small) N Sober Living Homes (Small) N Non-Residential Classes of Uses Agricultural Crops P Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory to a 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 Antennas–Broadcasting P/ C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Telecommunications-Stealth Building-Mounted T Subject to § 18.38.060 and § 18.62.020 Antennas–Telecommunications-Stealth Ground-Mounted T Subject to § 18.38.060 Antennas–Telecommunications-Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Vehicle Sales, Lease & Rental C Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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 18 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Automotive–Parts Sales P/C Permitted without a conditional use permit if conducted entirely indoors Automotive–Repair & Modification: Major C Automotive–Repair & Modification: Minor M Automotive–Service Stations C Subject to § 18.38.070 Automotive–Vehicle Storage M/C Permitted for up to one year by minor conditional use permit, 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 Boarding House N Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small M Day Care Centers C Drive-Through Facilities C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business M Educational Institutions–General C Educational Institutions–Tutoring C Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to § 18.38.125 Emergency Shelters (more than 50 occupants) C Subject to § 18.38.125 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 C 19 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Industry– P Industry–Heavy C Junkyards C Subject to § 18.38.200 Medical & Dental Offices M Motels C Mortuaries C Offices–Development P Offices–General P/M 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 Outdoor Storage Yards P/C Subject to § 18.38.200. Permitted without a conditional use permit if all storage is screened from view, otherwise a 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 Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recuperative Care/Medical Respite P/C Subject to § 18.38.125 Recycling Facilities P/ C Subject to Chapter 18.48. Small processing facilities under 4,000 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 C 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 Senior Living Facilities (Large) N Sober Living Homes (Large) N 20 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions 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 P Wholesaling P SECTION 5. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) N N N P Only a llowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Community Care Facilities – Licensed (Small) N N N P Only a llowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Community Care Facilities – Unlicensed (Small) N N N P Subject to §§18.16.058 and 18.38.123. Only allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the 21 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Dwellings–Single-Family Detached N N N P One single-family detached dwelling unit allowed on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Mobile Home Parks N N N C Senior Citizens Housing N N N C Senior Citizens Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) N N N P Allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Sober Living Homes (Small) N N N P Subject to §§18.16.058 and 18.38.123. Only allowed in a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Supportive Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Supportive Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size 22 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Transitional Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Non-Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales–On -Sale N M/C M/C C In the “PR” and “SP” zones, permitted with minor conditional use permit if accessory to a primary restaurant use. In the “T” Zone, only in conjunction with a Community and Religious Assembly use. Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N C C N Ambulance Services N N N C Animal Boarding C N N C Antennas–Broadcasting N N N C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Private Transmitting N N N C Subject to § 18.38.040 Antennas–Telecommunications- Stealth Building-Mounted T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas–Telecommunications- Stealth Ground-Mounted C C C C Subject to § 18.38.060 Antennas–Telecommunications- Ground-Mounted N N N N Subject to § 18.38.060 Automotive–Public Parking N P M N Automotive–Sales Agency Office (Retail) N N N N Automotive–Sales Agency Office (Wholesale) N N N N Automotive–Repair & Modification: Major N N N N Automotive–Repair & Modification: Minor N N N N Automotive–Service Stations N N N C Subject to § 18.38.070 Automotive–Vehicle Storage N N N M/C Only allowed in “T” Zone on properties designated by the General Plan for Commercial or Industrial Land Uses for up to one year by minor conditional use permit, with optional one year extensions to permit the use 23 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions for up to five years; conditional use permit required to permit the use for over five years. Automotive–Washing N N N C Bed & Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Boarding House N N N C Cemeteries C N C C Commercial Equestrian Establishments C N N C No permanent maintenance of stabling of equine animals, riding arenas or storage of food, refuse or equipment shall be permitted within (250) two hundred fifty feet of any residential zone boundary. Community Care Facilities – Licensed (Large) N C C N Community Care Facilities – Unlicensed (Large) N C C N Subject to §18.38.123 Commercial Retail Centers N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness Studios–Small N M M N Dance & Fitness Studios–Large N C C N Day Care Centers N C C C Educational Institutions–Business N C P C Educational Institutions–General N C P C Entertainment Venue N C C C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Hotels N C N C Medical & Dental Offices N C C C Mortuaries N N N C Motels N C N C Offices N C C C Oil Production N N N C Subject to § 18.38.180 Outdoor Storage Yards C N N C Subject to § 18.38.200 Plant Nurseries P C C C Subject to §§ 18.38.190 and 18.38.200 Public Services N P P P Recreation–Billiards N C C C Recreation–Commercial Indoor N C C C 24 Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to § 18.14.030.130 Recreation–Low-Impact C P C C Recreation–Swimming & Tennis N P C C Recycling Services–General N N N C Subject to Chapter 18.48 Research and Development N N N N Restaurants–Drive-Through N N C N Subject to § 18.38.220 Restaurants–General N C C C Subject to § 18.38.220 Restaurants–Outdoor Dining N C C C Subject to § 18.38.220 Restaurants–Walk-Up N C C N Retail Sales–General N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Retail Sales–Kiosk N M M N Retail Sales–Used Merchandise N N N C Room & Board N N N C Self-Storage N N C N Senior Living Facilities (Large) N C C N Sober Living Homes (Large) N C C N Subject to § 18.38.123 Transit Facilities N C C C Utilities–Major C C C C Utilities–Minor P P P P Veterinary Services N N N C SECTION 6. That new Section 18.16.058 (Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small)) be added to Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be to read in full as follows: 18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL). .010 Permits Required. .0101 Operator’s Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Departme nt shall first obtain an Operator’s Registration in compliance with the provisions of this section. .0102 Operator’s Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department shall first obtain an Operator’s Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. .020 Application Requirements. All applications for Operator’s Registration and Operator’s Permit shall be submitted on forms approved by the Planning Director. The 25 application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolution of the City Council. .030 Permit Issuance. .0301 Operator’s Registration. Upon receipt of a written application for an Operator’s Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator’s Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code. .0302 Operator’s Permit. Upon receipt of a written application for an Operator’s Permit, the Planning Director (or his or her designee) and Chief of Police (or his or her designee) shall conduct an investigation to ascertain whether such permit should be issued as requested. An Operator’s Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applicant provided all required information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Co de. .040 Permit Denial and Revocation. .0401 In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator’s Registration and an Operator’s Permit application shall be denied or revoked if any of the following circumstances exist: .01 Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information. .02 The owner/operator or staff person of the facility accepts residents, other than a house manager or staff, who are not handicapped as defined by the FHAA and FEHA. .03 Community Care Facility – Unlicensed (Small). The facility, as measured by the closest property lines, is located within three hundred (300) feet of any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, except that a Community Care Facility – Unlicensed (Small) shall not be subject to an three hundred (300) foot separation from any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, if such Community Care Facility (Small) applies for a first-time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. If a Community Care Facility - Licensed moves within three (300) feet of an existing Community Care Facility - Unlicensed (Small) with a valid Operator’s Permit, this shall not cause the revocation of existing facility’s Operator’s Permit. .04 Sober Living Home (Small). The facility, as measured by the closest property lines, is located within eight hundred (800) feet of any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility, except that a Sober Living Home (Small) shall not be subject to an eight hundred (800) foot separation from any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility if such Sober Living Home (Small) applies for a first-time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. If an Alcoholism or Drug Abuse Recovery or Treatment Facility moves within eight hundred (800) feet of an existing Sober Living Home with a valid Operator’s Registration or Operator’s Permit, this shall not cause the revocation of the existing facility’s Operator’s Registration or Operator’s Permit. 26 .05 The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. .06 For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. .0402 Additional grounds for denial or revocation of an Operator’s Registration. .01 The Sober Living Home does not or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department. .0403 Additional grounds for denial or revocation of an Operator’s Permit. .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses: (a) Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended. (b) Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended. (c) Arson offenses in violations of Penal Code Sections 451-455, as may be amended. (d) Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person. (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended. .03 Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. .0404 If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviation shall not be a cause for a denial or revocation of the facility’s permit . .050 Changes to Operator’s Registration and Operator’s Permit. .501 If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee. .502 The owner/operator of a Sober Living Home with an Operator’s Registration shall notify the Planning Director if there is any changes to the status of the facility’s Orange County Adult Alcohol and Drug Sober Living Facilities Certification 27 issued by the Orange County Sheriff’s Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change. .060 Sale or Transfer of Operator’s Registration and Operator’s Permit. No Operator’s Registration or Operator’s Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. .070 Operator’s Registration and Operator’s Permit Expiration. .0701 The Operator’s Registration and the Operator’s Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months. .0702 The Operator’s Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff’s Department for the facility is expired or revoked. .080 Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code. .090 Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section must comply with the following: .0901 Existing facilities shall apply for the Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section. .0902 Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions. .0903 Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator’s Permit. .0904 If an Operator’s Registration or Operator’s Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator’s Registration or Operator’s Permit is issued. SECTION 7. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay 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: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) P 28 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Community Care Facilities – Licensed (Small) P Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple-Family P Dwellings – Multiple-Family in the Gateway District, Sub- Area B C Subject to the approval of Conditional Use Permit No. 2003- 04763, as may be amended from time to time, and subject to the conditions set forth in Section 18.66.060 (Findings), and further subject to paragraphs .0201 and .0202 of subsection .020 of Section 18.20.200. Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Senior Living Facilities (Small) P Sober Living Homes (Small) N Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On - Sale M/C GF Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Automotive–Public Parking M Automotive–Repair & Modification: Major N Automotive–Repair & Modification: Minor N Automotive–Sales Agency Office (Retail) N Automotive–Sales Agency Office (Wholesale) N Automotive–Vehicle Sales, Lease & Rental N Except as permitted as an accessory use Automotive–Service Stations C Bars & Nightclubs C GF Billboards N Boarding House N Business & Financial Services P GF Commercial Retail Centers C Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community & Religious Assembly C GF Computer Internet & Amusement Facilities N N 29 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Convenience Stores C GF Conversions of hotels or motels to semi- permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF Day Care Centers C GF Drive-through Facilities N Educational Institutions–Business M GF Educational Institutions–General C GF Educational Institutions–Tutoring P GF Entertainment Venue C GF Hotels P/C/ Hotels are permitted, extended-stay hotels are permitted by conditional use permit Markets–Large P GF Outdoor farmer’s markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Motels N N Offices–General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150. Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C GF Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development P Restaurants–Drive-Through N Restaurants–General P GF Restaurants–Outdoor Dining P GF Subject to § 18.38.220 (Restaurants– Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Kiosk M GF Retail Sales–Used Merchandise N Senior Living Facilities (Large) N Sober Living Homes (Large) N Sex-oriented businesses, as defined in Chapter 18.54 (Sex-Oriented Businesses) N Studios–Broadcasting P GF Broadcasting antennas require a conditional use permit Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF 30 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M= Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 8. That Section 18.22.070 (O-L Zone Uses) of Chapter 18.22 (Brookhurst Commercial Corridor (BCC) Overlay 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: 18.22.070 O-L ZONE USES. The requirements contained in Chapter 18.08 (Commercial Zones) for the Low Intensity Office Zone ("O-L") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited: .010 Boarding Houses. and lodging houses. .020 Bingo establishments. .030 Non-residential use of residential structures. .040 Hotels, motels, and motor inns. .050 Mobile home and/or trailer parks. .060 Mobile home park subdivisions. .070 Off-premises sale of alcoholic beverages. .080 Reconstruction of a single-family residence, damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction. .090 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a conditional u se permit pursuant to Chapter 18.66 (Conditional Use Permits). .100 Storage of Class C explosives in any amount. SECTION 9. That Subsection .010 of Section 18.22.080 (C-G Zone Uses) of Chapter 18.22 (Brookhurst Commercial Corridor (BCC) Overlay 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: .010 Uses Prohibited. The requirements contained in Chapter 18.08 (Commercial Zones) for the General Commercial ("C-G") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited: 31 .0101 Amusement device arcades. .0102 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved pursuant to subsection .020 below. .0103 Billboards. .0104 Boarding Houses. and lodging houses. .0105 Computer Internet & Amusement Facilities. .0106 Hotels, motels, and motor inns. .0107 Labor camps. .0108 Large collection facilities for recycling purposes. .0109 Liquor stores. .0110 Deleted. .0111 Mobile home and/or trailer parks. .0112 Mobile home park subdivisions. .0113 Nightclubs. .0114 Non-residential use of residential structure. .0115 Off-premises sale of alcoholic beverages in premises with fifteen thousand (15,000) square feet or less in interior building floor area. .0116 Pawnshops. .0117 Pool and/or billiard centers .0118 Dance Venue, as defined in Section 18.92.070 (“D” words, terms and phrases.) of Chapter 18.92. .0119 Reconstruction of a single-family residence damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction. .0120 Saunas and spas. .0121 Self-storage or mini-warehouse facilities. .0122 Sex-oriented businesses. SECTION 10. That Section 18.24.100 (Prohibited Uses and Structures in Commercial Zones) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay 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: 18.24.080 PROHIBITED USES AND STRUCTURES IN COMMERCIAL ZONES. The following uses and structures shall be prohibited in commercial zones as described in Chapter 18.08 (Commercial Zones): .010 Pool or billiard centers; .020 Reconditioned used merchandise sales, except for I (SABC-Neighborhood Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay- Neighborhood Commercial District) zoned properties located on the east side of Anaheim Boulevard between Broadway and Santa Ana Street; .030 Sex-oriented businesses; .040 Saunas and/or spas, except when integrated into a hotel use; 32 .050 Amusement device arcades, except when integrated into a hotel use or a full-service restaurant; .060 Automobile sales and rental agencies and lots; .070 Automotive vehicle repairs, overhaul, installation of parts and accessories; .080 Billboards; .090 Boarding Houses; and lodging houses; .110 Commercial use of residential structures; .120 Computer Internet & Amusement Facilities; .130 Jail farms or honor farms for prisoner rehabilitation; .140 Labor camps; .150 Mobile home park subdivisions; .160 Pawnshops; .170 Self-storage or mini warehouse facilities; and .180 Balloons, fixed or tethered, including inflatable advertising devices. SECTION 11. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay 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: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) P Community Care Facilities – Licensed (Small) P Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens’ Housing– Apartment Projects) Senior Living Facilities (Small) P Sober Living Homes (Small) N Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale P Conditional use permit required if sales are not accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Animal Boarding N 33 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Animal Grooming P Antennas–Broadcasting P Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of- way or not disguised as an integral architectural feature Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public right-of- way or not disguised as an integral architectural feature Antennas–Telecommunications P Conditional use permit required if facilities are not completely screened from view from a public right-of- way or not disguised as an integral architectural feature; subject to Section 18.38.060 (Antennas– Telecommunications) Automotive–Impound Yards N Automotive–Public Parking P Automotive–Repair & Modification: Major N Automotive–Repair & Modification: Minor N Automotive–Sales Agency Office (Retail) N Automotive–Sales Agency Office (Wholesale) N Automotive–Washing N Bars & Nightclubs C Billboards N Boarding House N Business & Financial Services P Commercial Place-making Uses P Subject to review and approval by the Planning and Community and Economic Development Departments Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community & Religious Assembly C Conditional Use Permit not required for museums Computer Internet & Amusement Facilities N Convalescent and Rest Homes N Convenience Stores N Dance and Fitness Studios–Large P Dance and Fitness Studios–Small P Day Care Centers C Drive Through Facilities N Educational Institutions–Business P Educational Institutions–General C 34 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Educational Institutions–Tutoring P Subject to Subsection .050 of Section 18.36.040 (Educational Institutions–Tutoring) Entertainment Venue C Subject to Subsection .050 of Section 18.36.040 (Entertainment Venue) Hotels C Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small P Medical & Dental Offices P Medical Marijuana Dispensaries N Motels N Offices–General P Pawn shops N Personal Services–General P/N On-site dry cleaning and laundromats are not allowed. Massage subject to § 18.16.070 except massage not permitted in live/work units. Personal Services–Restricted N Public Services P Public Art and Murals P Subject to review and approval by the Planning and Community and Economic Development Departments Recreation–Billiards P Subject to Section 18.38.085 Recreation–Commercial Indoor C Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming and Tennis P Repair Services–General N Repair Services–Limited P Research and Development N Restaurants–General P Subject to Subsection .180 of Section 18.36.040 Restaurants–Outdoor Seating and Dining P Subject to Section 18.38.220 Restaurants–Walk-Up P Retail Sales–General P Retail Sales–Kiosks M If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Used Merchandise P Self-Storage Facilities N Smoking Lounges N Senior Living Facilities (Large) N Sober Living Homes (Large) N Studios–Broadcasting P Studios–Recording P Utilities–Major N Utilities–Minor P 35 SECTION 12. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay 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: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recover y or Treatment Facilities (Small) C Community Care Facilities – Licensed (Small) C Community Care Facilities – Unlicensed (Small) N Dwellings–Multiple- Family C 24-hour on -site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Senior Living Facilities (Small) C Sober Living Homes (Small) N Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On -Sale M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recover y or Treatment Facilities (Large) N Animal Grooming P Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive–Public Parking M Automotive–Sales Agency Office (Retail) M Automotive–Sales Agency Office (Wholesale) P Subject to § 18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory Automotive–Repair & Major Modification N Automotive–Repair & Minor Modification N Bars & Nightclubs C Boarding House N Business & Financial Services P Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110 36 Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Drive-Through Facilities C Educational Institutions–Business M Entertainment Venue C Hotels C Markets–Large P Subject to § 18.38.155 Markets–Small P Subject to § 18.38.155 Medical & Dental Offices P Motels C Offices P Personal Services–General P Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Research and Development N Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks M Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Senior Living Facilities (Large) N Sober Living Homes (Large) N Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use Wine Bars C SECTION 13. That Section 18.36.030 (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: 18.36.030 RESIDENTIAL PRIMARY USE CLASSES. .010 Alcoholism or Drug Abuse Recovery or Treatment Facility (Small). A State licensed and/or certified facility, as defined in Section 11834.02 of the California Health & Safety Code, which includes any premises, place, or building that provides residential nonmedical services to six (6) or fewer adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. .020 Community Care Facility – Licensed (Small). A building or portion thereof, designed or used for a residential facility licensed and/or certified by the State that provides non-medical care, services, counseling or supervision to six (6) or fewer children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community 37 care facilities as defined in California Health and Safety Code Section 1502, and other similar State licensed care facilities. This use class shall not include Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter. .030 Community Care Facility – Unlicensed (Small). A building or portion thereof, designed or used for a residential care facility, not licensed by the State, that provides supportive living environment for six (6) or fewer adults who are considered handicapped under State or Federal Law (commonly referred to as a “group home”). This use class shall not include any Community Care Facility – Unlicensed that operates as a Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise defined in this Chapter. .010.040 Dwellings–Multiple-Family. This use class consists of two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities. .020.050 Dwellings–Single-Family Attached. A dwelling unit attached to another dwelling unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining dwelling units to form a property. Each dwelling unit has individual heating and plumbing systems. .030.060 Dwellings–Single-Family Detached. A dwelling unit with open space on all four sides. The dwelling unit often possesses an attached garage. .040.070 Mobile Home Parks. This use class consists of a site that is planned and improved to accommodate two (2) or more Mobile Homes or Manufactured Homes used for residential purposes, or on which two (2) or more Mobile Home or Manufactured Home spaces or lots each accommodate a Mobile Home or Manufactured Home for resident ial purposes. .050 Residential Care Facilities. This use class consists of providing twenty-four (24)-hour residential living accommodations for six (6) or fewer persons. Residential care facilities are further described in Section 18.92.210 of Chapter 18.92 (Definitions) under “Residential or Group Care Facilities.” .060.080 Senior Citizen Housing. This use class consists of Senior Citizen Apartment Projects and Senior Citizen Housing Developments as defined in Chapter 18.92 (Definitions). .090 Senior Living Facility (Small). A State licensed facility that meet s the definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of California Health and Safety Code, subject to regulations of Chapter 3.2 of California Health and Safety Code. Such facility provides care and services on a monthly basis or longer to six (6) or fewer persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include the following: .0901 Independent living: Facilities intended for individuals who are presently able to manage an independent lifestyle, but foresee a future where more support will be necessary. Residents of an independent living facility are provided with assistance in the instrumental activities of daily living, such as dining, housekeeping, security, transportation and recreation. Independent living dwelling units may have separate kitchens and garages. 38 .0902 Assisted living: Facilities intended for residents that require some assistance with the activities of daily living, but do not need the 24-hour care of a nursing home. Assisted living services are regulated by Title 22, Division 6, Chapter 8 of California Code of Regulations. These services include assistance with dressing, bathing, walking, eating and toileting, in addition to dining, housekeeping, security, transportation and recreation. .0903 Memory living care: facilities intended for residents who require specialized care for dementia, Alzheimer's or other memory related illnesses. Memory living care services may be provided by a stand-alone facility, or by a facility offering a broader range of services, and includes dining, housekeeping, security, transportation and recreation. .0904 Skilled nursing: facilities intended for residents who require nursing care or supervision, either on a short-term or long-term basis, as regulated by Title 22, Division 5, Chapter 3 of California Code of Regulations. .0905 Continuing care retirement community: Facilities intended to serve the long-term residential, social, and health care needs of elderly residents by providing a continuum of care, minimizing transfer trauma and allowing the following services to be provided in an appropriately licensed setting: dining, housekeeping, security, transportation and recreation. Such facilities are regulated by Title 22, Division 6, Chapter 8 of California Code of Regulations and Division 2, Chapter 10 of Health and Safety Code. Continuing care retirement community may include more than one, or all four, of the types of senior living facilities listed above. .100 Sober Living Home (Small). A residential care facility not licensed by the State, providing supportive living environment that is an alcohol and drug-free for six (6) or fewer adults recovering from alcoholism and/or drug abuse, who are considered handicapped under State or Federal law. Such facility shall not provide the services that are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or Treatment Facilities. This use class shall not include any Sober Living Home operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise defined in this Chapter. .070.110 Supportive Housing. This use class consists of housing that has the same meaning as defined in subdivision (f) of Section 65582 of the Government Code. .080.120 Transitional Housing. This use class consists of housing that has the same meaning as defined in subdivision (h) of Section 65582 of the Government Code." SECTION 14. That Subsection .010 of Section 18.36.040 (Non-Residential P rimary 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: .010 "A" Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on-site is also included. Alcoholic Beverage Manufacturing. This use class consists of establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for On-Sale or Off-Sale consumption. Typical uses include breweries, 39 distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing. Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption outside the building in which they are sold. Typical uses include liquor or grocery stores, and convenience markets, selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars, wine bars, brew pubs, and restaurants that serve alco holic beverages. Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large). A State licensed and/or certified facility, as defined in Section 11834.02 of the California Health & Safety Code, which includes any premises, place, or building that provides residential nonmedical services to seven (7) or more adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding, day care or accommodation of large animals, such as horses, sheep or hogs. Animal Grooming. This use class consists of facilities for the grooming of household pets, but does not include day care, overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas-Private Transmitting. This use class consists of ground-mounted, amateur-operated radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used only fo r receiving signals are considered an allowed accessory use. Antennas-Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand-alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. Automotive-Vehicle Sales, Lease & Rental. This use class consists of the established place of business operated by a "dealer" for the sale, long-term lease, or rental of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. Automotive-Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to 40 purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles for sale at retail (including internet sales) who does not offer used motor vehicles for sale at wholesale. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site). This use class includes "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code. Automotive-Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail. Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles. Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered ‘Warehousing & Storage-Outdoors’. Automotive-Parts Sales. This use class consists of the sale of new or reconditioned parts used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site installation of such parts or lubricants. Automotive-Repair and Modification: Major. This use class consists of facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services as determined by the Planning Director. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. 41 Automotive-Repair and Modification: Minor. This use class consists of facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front -end alignment, stereo installation, window tinting, and other similar services as determined by the Planning Director, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. Automotive-Service Stations. This use class consists of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered ‘Automotive-Repair and Modification’. Automotive-Vehicle Storage. This use class consists of properties used for the temporary off-site storage of inventory for the type of use "Automotive-Vehicle Sales, Lease & Rental," as described above and operated within the City of Anaheim. Automotive-Washing. This use class consists of establishments providing hand- operated, self-service, or mechanical automobile washing services, and may include detailing. SECTION 15. That Subsection .020 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: .020 “B” Use Classes. Banquet Hall. This use class consists of a facility rented out for private events, which involve the service of a meal and at which seating is provided at tables. As used herein, “private event” means a gathering of persons who have been individually invited to the event and from which persons not so invited are excluded. Live entertainment and dancing is permitted in a banquet hall; however, such live entertainment or dancing shall not be the primary use of a banquet hall. Alcoholic beverages may be sold or consumed within a banquet hall during a private event subject to state law requirements and if allowed by a conditional use permit. Bars & Nightclubs. This use class consists of establishments other than accessory bar that primarily serve beer, wine, or other alcoholic beverages to be consumed on- premises, with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide accessory music and/or live entertainment as defined in 18.92.040, for patrons to be entertained, that is regularly open to the public with or without the payment of a cover charge or admittance fee, and is not a sex-oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses), or a computer rental/Internet amusement business as defined in this chapter. Typical land uses include night clubs, bars with entertainment, and bars. Bed & Breakfasts Inns. This use class consists of an owner-occupied dwelling providing six (6) or fewer guest rooms on a commercial basis, and providing only breakfast and snacks to the guests. Beekeeping. This use class consists of raising bees, other than in a closed container, for any purpose. 42 Billboards. This use class consists of billboards, as defined and regulated by Chapter 18.44 (Signs). Boarding House. A building, or portion thereof, where lodging is provided for persons, with or without meals for monetary or non-monetary compensation, 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 at the property, including permanent residents, live-in operators, and guests, shall not exceed fifteen (15) people. This use class shall not include a Hotel, Motel, Bed and Breakfast Inn, Convalescent & Rest Homes, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities – Licensed, Community Care Facilities - Unlicensed, Sober Living Homes, or any other uses defined in this Section. Building Material Sales. This use class consists of the sale of materials used for the construction of buildings, the incidental sale of landscaping materials, and the incidental sale or rental of tools. This use typically includes the storage of considerable quantities of such materials outdoors and/or in structures other than the main building. Typical uses include lumberyards, tile and roofing-materials stores. Business & Financial Services. This use class consists of establishments providing services oriented to business matters and involving significant walk-in contact with the public. Typical uses include consumer-oriented financial services, such as banks and tax preparation services, duplicating and faxing services, printing services, and real estate sales offices. Business services that do not involve significant public contact are classified under the Offices use class. SECTION 16. That Subsection .030 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: .030 “C” Use Classes. Cemeteries. This use class consists of burial grounds for the interment of the dead or their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located within cemeteries. Commercial Equestrian Establishments. This use class consists of the commercial stabling of equine animals and activities related to the use of horses. Commercial Placemaking Uses. Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines). Commercial Retail Centers-Large. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain 10,000 square feet or more of gross floor area, are otherwise permitt ed or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Commercial Retail Centers-Small. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that contain less than 10,000 square feet of gross floor area, are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise 43 resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Community Care Facility – Licensed (Large). A building or portion thereof, designed or used for a residential facility licensed and/or certified by the State that provides non-medical care, services, counseling or supervision to seven (7) or more children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in California Health and Safety Code Section 1502, and other similar State licensed care facilities. This use class shall not include Alcoholism or Drug Abuse Recovery or Treatment Facilities, Community Care Facilities - Unlicensed, Sober Living Homes, Day Care Centers, or any other uses otherwise defined in this Chapter. Community Care Facility – Unlicensed (Large). A building or portion thereof, designed or used for a residential care facility, not licensed by the State, that provides supportive living environment for seven (7) or mo re adults who are considered handicapped under State or Federal Law (commonly referred to as a “group home”). This use class shall not include any Community Care Facility – Unlicensed that operates as a Single Housekeeping Unit, Alcoholism or Drug Abuse Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities - Licensed, or any other uses otherwise defined in this Chapter. Community & Religious Assembly. This use class consists of community meeting and cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or benevolent organization; and facilities for religious worship, with incidental educational or residential use. Uses include fraternal lodges, meeting halls, community centers, libraries, museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers. Computer Internet & Amusement Facilities. This use class consists of establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Typical uses include or are commonly known as PC (personal computer) cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses. Such uses, when part of, and accessory to, educational institutions and day care centers, are not included. Convalescent & Rest Homes. This use class consists of facilities providing nursing, dietary and/or other personal services on a twenty-four (24) hour basis for seven (7) or more convalescents, invalids and/or aged persons who are unable to care for themselves, requiring regular medical attention (commonly referred to as a “nursing home” or “hospice”),. but This use excludes excluding cases of alcohol and/or drug addictions, contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. Convenience Stores. This use class consists of the retail sales of food and beverages, primarily for off-site preparation and consumption, and found in establishments characterized by long or late hours of operation, on-site parking, and a building less than ten thousand (10,000) square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of prepared food for on-site or take-out consumption are classified as a restaurant use. This use class may be combined with Automotive-Service Stations. 44 SECTION 17. That Subsection .070 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: .070 “G” Use Classes. Golf Courses & Country Clubs. This use class consists of golf courses and related uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users and guests. Group Care Facilities. This use class consists of facilities that provide twenty-four (24)-hour residentia l living accommodations for seven (7) or more persons, including dormitories. SECTION 18. 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 45 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. 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. 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 46 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. SECTION 19. That Subsection .190 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: .190 “S” Use Classes. Self Storage. This use class consists of establishments providing storage services, primarily for personal effects and household goods, within enclosed storage areas having individual access. The incidental sale of boxes and packing materials is included. Senior Living Facilities (Large). A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of California Health and Safety Code, subject to regulations of Chapter 3.2 of California Health and Safety Code. Such facility provides care and services on a monthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. This use class may include Independent Living, Assisted Living, Memory Living Care, Skilled Nursing, and Continuing Care Retirement Community, which are further defined under Senior Living Facilities (Small) in this chapter. Sex-Oriented Businesses. This use class consists of establishments defined as sex- oriented businesses in Chapter 18.54 (Sex-Oriented Businesses). Sober Living Home (Large). A residential care facility not licensed by the State, providing supportive living environment that is an alcohol and drug-free for seven (7) or more adults recovering from alcoholism and/or drug abuse and considered handicapped under State or Federal law. Such facility shall not provide the services that are provided by the Community Care Facilities – Licensed or Alcoholism or Drug Abuse Recovery or Treatment Facilities. This use class shall not include any Sober Living Home operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities – Licensed, or any other uses otherwise defined in this Chapter. 47 Studios–Broadcasting. This use class consists of facilities used for the broadcasting of radio, television or Internet programs. Facilities with live audiences shall be considered “Ent ertainment Venue.” Studios–Recording. This use class consists of facilities used for the recording of music and other voice communications, for the purpose of dissemination by broadcast, the Internet, compact disks or similar media. Recording studios with live audiences shall be considered “Entertainment Venue.” SECTION 20. That new Section 18.38.123 (Community Care Facilities - Unlicensed and Sober Living Homes) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be to read in full as follows: 18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER LIVING HOMES Uses classified as Community Care Facilities – Unlicensed (Small), Community Care Facilities – Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section. .010 Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility – Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit. .020 Operational Standards. .0201 Number of Residents. .01 Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded. .02 Community Care Facilities – Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine the total number of residents. .0202 The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose. .0203 The facility shall have a house manag er who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available (twenty-four) 24 hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. .0204 Parking. .01 All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times. .02 All vehicles shall be operable and be parked on-site. .0205 Separation requirements. .01 Community Care Facility, Unlicensed. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed, regardless of size, except that a Community Care 48 Facility – Unlicensed (Small) shall not be subject to an three hundred (300) foot separation from any other Community Care Facility – Unlicensed and Community Care Facility – Licensed, regardless of size, if such Community Care Facility (Small) applies for a first- time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. .02 Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any other Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size, except that a Sober Living Home (Small) shall not be subject to an eight hundred (800) foot separation from any other Sober Living Home or an Alcoholism or Drug Abuse Recovery or Treatment Facility if such Sober Living Home (Small) applies for a first-time Operator’s Registration or Operator’s Permit within one hundred and eighty (180) days of the effective date of this ordinance. .0206 All facilit ies shall not provide “Care and supervision” to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended. .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning. .0208 The property shall be fully in compliance with all building codes, codified ordinances, and this Code. .0209 Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 Intake procedures .02 Facility rules and regulations .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. .04 Eviction and involuntary termination procedures, which, at minimum, ensure the following: a. Notification to the resident’s emergency contact or contact of record. b. Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment. c. Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release. d. Provision of transportation to the address listed on the resident’s driver license, state-issued identification card, or the permanent address identified in the resident’s application or referral to the other community care facilities, sober living homes, or similar facilities. . 49 .0210 In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance. .02 A visitation policy that preclude any visitors who are under the influence of any drug or alcohol. .03 Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit. .0211 Refusal to comply with the facility’s rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction. .0212 The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information. .0213 Exception. Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). SECTION 21. That Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops 5 spaces per 10 acres. Alcoholic Beverage Manufacturing 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Tasting or Tap Room and outside patios: 17 spaces per 1,000 square feet of GFA. Alcoholic Beverage Sales– Off-Sale 0 spaces (spaces are required for underlying uses only). Alcoholic Beverage Sales– On-Sale 0 spaces (spaces are required for underlying uses only). Alcoholism or Drug Abuse Recovery or Treatment Facility (Large) 0.8 space per bed Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles. 50 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Animal Boarding 1 space per employee, plus 1 space per 10 pets. Animal Grooming 4 spaces per 1,000 square feet of GFA. Antennas–Broadcasting 2 spaces. Antennas–Private Transmitting None. Antennas– Telecommunications 1 space. Automatic Teller Machines (ATM’s) (Exterior, walk-up facilities not located on properties developed with other retail or office uses.) 2 spaces per machine. Note: No parking spaces are required when located on the exterior building wall of an existing business use, when located within the interior of any other type of business establishment, or when free- standing machines are located on properties developed with other retail or office uses. In addition, no parkin g spaces are required for drive-up facilities. Automotive–Vehicle Sales, Lease & Rental General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 4 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space used for parking vehicles to be sold. Auctions: Requires parking demand study per paragraph 18.42.040.010.0108. Automotive–Sales Agency Office 4 spaces per 1,000 square feet of GFA. Automotive–Public Parking None. Automotive–Parts Sales 4 spaces per 1,000 square feet of GFA. Automotive–Repair & Modification 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Automotive–Service Stations Stand-Alone: 2 spaces. In Conjunction with Accessory Retail/Convenience Store: 4 spaces per 1,000 square feet of GFA of the convenience store. Up to 50 percent of the pump islands may be counted as parking stalls. In Conjunction with Other Uses: None. Automotive–Washing Requires parking demand study per paragraph 18.42.040.010.0108. Banquet Halls One space for each 3 patrons plus one space per employee. Bars & Nightclubs 29 spaces per 1,000 square feet of dance floor area and 17 spaces per 1,000 square feet of GFA. Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. Boarding House 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Business & Financial Services 4 spaces per 1,000 square feet of GFA. Cemeteries Requires parking demand study per paragraph 18.42.040.010.0108. Community Care Facilities – Licensed (Large) 0.8 space per bed 51 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Community Care Facilities – Unlicensed (Large) 0.8 space per bed Commercial Retail Centers- Large All uses other than restaurants within retail centers unless specified elsewhere in this code: 4 spaces per 1,000 square feet of GFA. Restaurants within retail centers with 40 percent or less of GFA devoted to restaurant uses: 4 spaces per 1,000 square feet of GFA. Restaurants within retail centers with more than 40 percent of GFA devoted to restaurant uses: Those restaurant uses in excess of 40 percent shall comply with the following: Restaurants-General with 20 seats or less: 5.5 spaces per 1,000 square feet of GFA. Restaurants-General with more than 20 seats: 10 spaces per 1,000 square feet of GFA. Restaurants-Full Service: 8 spaces per 1,000 square feet of GFA. Commercial Retail Centers- Small Each use within the retail center shall comply with the parking requirements for said use. Community & Religious Assembly Requires parking demand study paragraph 18.42.040.010.0108. Convalescent & Rest Homes 0.8 space per bed. Convenience Stores 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios– Large 4 spaces per 1,000 square feet of GFA. Dance & Fitness Studios– Small 4 spaces per 1,000 square feet of GFA. Day Care Centers 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for loading and unloading children or adult clients onsite. Drive-Through Facilities None as an accessory use, but requires adequate space for queuing. Educational Institutions– Business 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Educational Institutions– General Elementary and Junior High Schools: 1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). High Schools: 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational Institutions– Tutoring 4 spaces per 1,000 square feet of GFA. Emergency Shelter 1 space per employee and volunteer staff member, plus 1 space for every 4 beds or 0.5 spaces per bedroom designated for family units with children. Entertainment Venue Entertainment Venue: 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 square feet of dance floor area. Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters-Live Performances: 0.4 spaces per seat or patron, 52 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. Theaters-Single-Screen Motion Picture: 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters-Multi-Screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. Equipment Rental–Large 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. Equipment Rental–Small 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. Golf Courses & Country Clubs Golf Courses: 10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 4 spaces per 1,000 square feet of GFA used for other commercial purposes. Golf Driving Ranges: 1 space per driving tee. Group Care Facilities 0.8 space per bed. Helipads Requires parking demand study per paragraph 18.42.040.010.0108. Hospitals Requires parking demand study per paragraph 18.42.040.010.0108. Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full-service, outdoor dining, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take- out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas. Hotels, Full Kitchen Facilities Same requirements as “Hotels & Motels”. Industry Industrial: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–Heavy Industrial–Heavy: 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities: 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results 53 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. Junkyards 5 spaces or 4 spaces per 1,000 square feet of building GFA, whichever is greater. Markets–Large 4 spaces per 1,000 square feet of GFA. Markets–Small 4 spaces per 1,000 square feet of GFA. Medical & Dental Offices 6 spaces per 1,000 square feet of GFA. Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108. Office-Development 4 spaces per 1,000 square feet of GFA Office-General 3 stories or lower: 4 spaces per 1,000 square feet of GFA. More than 3 stories: 3 spaces per 1,000 square feet of GFA. Oil Production 2 spaces per well. Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, whichever is greater, plus spaces required for service vehicles. Personal Services–General 4 spaces per 1,000 square feet of GFA. Personal Services– Restricted 4 spaces per 1,000 square feet of GFA. Plant Nurseries 4 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways. Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Recreation–Commercial Indoor Amusement Arcades: requires parking demand study per paragraph 18.42.040.010.0108. Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility. Bowling Alleys: 6 spaces per bowling lane. Racquetball Facilities: 5 spaces per court. Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA. Other Uses: Requires parking demand study per subsection 18.42.040.010.0108. Recreation–Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee. Other Uses: requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Low-Impact Requires parking demand study per paragraph 18.42.040.010.0108. Recreation–Swimming & Tennis Swimming Facilities: requires parking demand study per paragraph 18.42.040.010.0108. Tennis Courts: 5 spaces per court. Recycling Services– Consumer None (spaces are required for host use(s) only). Recycling Services–General 1.55 spaces per 1,000 square feet of building GFA. Recycling Services– Processing 1.55 spaces per employee. Repair Services–General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. 54 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Repair Services–Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Restaurants–General 20 seats or less: 5.5 spaces per 1,000 square feet of GFA. More than 20 seats: 10 spaces per 1,000 square feet of GFA. Restaurants within a Commercial Retail Center-Large: See parking requirements for Commercial Retail Center-Large Restaurants–Full Service Stand alone: 15 spaces per 1,000 square feet of GFA Restaurants within a Commercial Retail Center-Small: 8 spaces per 1,000 square feet of GFA Restaurants within a Commercial Retail Center-Large: See parking requirements for Commercial Retail Center-Large Restaurants–Outdoor Dining Same requirements as above for Restaurants-General and Restaurants-Full Service Retail Sales–General General: 4 spaces per 1,000 square feet of GFA. Art Galleries: 3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA. Retail Sales–Kiosks 1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater number of parking spaces. Retail Sales–Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular access-ways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. Retail Sales–Used Merchandise 4 spaces per 1,000 square feet of GFA for first 100,000 square feet. Room & Board 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Self-Storage Facilities Requires parking demand study per paragraph 18.42.040.010.0108. Senior Living Facilities (Large) 0.8 space per bed Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of GFA. Primarily Book or Video Store: 5.5 spaces per 1,000 square feet of GFA. Smoking Lounges 17 spaces per 1,000 square feet of GFA. Sober Living Homes (Large) 0.8 space per bed Studios–Broadcasting 2.5 spaces per 1,000 square feet of GFA. Studios–Recording 2.5 spaces per 1,000 square feet of GFA. Towing Services Office: 4 spaces per 1,000 square feet of GFA. Indoor Storage Area: 1.55 spaces per 1,000 square feet of GFA. Outdoor Storage Area: 0.4 spaces per 1,000 square feet of outdoor stor age areas (excluding vehicle access-ways) Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108. Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. 55 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Utilities–Major Requires parking demand study per paragraph 18.42.040.010.0108. Utilities–Minor None required. Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Warehousing & Storage– Enclosed Buildings with 100,000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of up to 10% office space Buildings with more than 100,000 square feet of GFA: 1 space per 1,000 square feet of GFA, which may include a maximum of up to 10% office space If the percentage of office space exceeds 10% of the GFA: 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. Warehousing & Storage– Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle access-ways), plus 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of up to 10% office space; if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area of office space in excess of 10%. Wholesaling Buildings with 100,000 square feet or less of GFA: 1.55 spaces per 1,000 square feet of GFA. Buildings with more than 100,000 square feet of GFA: 1 space per 1,000 square feet of GFA. SECTION 22. That Section 18.92.050 (“B” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.050 "B" WORDS, TERMS AND PHRASES. "Bar.” An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control, and where no cover charge or admittance fee is charged to patrons. "Basement.” An area of building designed for occupancy or use with the ceiling located entirely at or below the finished grade of the land. "Bed and Breakfast Inn.” See Chapter 18.36 (Types of Uses). "Bedroom.” A private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition, except as provided herein. All rooms (other than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a bedroom. “Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel 56 previously used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage. “Beer manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. “Block.” All property fronting upon one side of a street between intersecting streets, or between a street and right-of-way, waterway, terminus of a dead-end street or city boundary. “Boardinghouse.” A building, or portion thereof, where lodging and meals are provided for compensation for seven (7) or more persons, excluding rest homes and residential or group care facilities. “Brandy manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that is engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. “Building.” A permanently located structure having a roof (all forms of vehicles, even if immobilized, are excluded). “Building, Main.” A building within which is conducted the principal use permitted on the lot as provided by this title. “Building, Height.” See “Height, Structural.” “Building Site.” The ground area of one (1) or more lots, as defined herein, when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. “Business.” The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services. SECTION 23. That Section 18.92.060 (“C” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.060 "C" WORDS, TERMS AND PHRASES. “California Massage Therapy Council” or “CAMTC”. The non-profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g). “CAMTC Certificate”. A Massage Practitioner or Massage Therapist certificate issued by the California Massage Therapy Council. “Canopy”. A freestanding, roof-like structure without enclosing walls, supported by columns, poles or braces extending from the ground. “Carnival”. A temporary organized program for entertainment or exhibition. The event is typically operated by an organization whose primary business is to operate the entertainment such as rides or amusement games. Festivals are also included. “Carport”. A permanently roofed structure with not more than two (2) enclosed sides, used, or intended to be used, for automobile shelter and storage. 57 “Chair Massage”. A massage as defined in Section 18.92.160, where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. “Chief of Police”. The Chief of Police of the City of Anaheim, or his/her designated representative. “Child Day Care Center, Preschool and Nursery”. An establishment or home (other than a large family day care home or a small family day care home, as defined in this title) which provides care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. “City”. The City of Anaheim. “City Council”. The City Council of the City of Anaheim. “City Manager”. The City Manager of the City of Anaheim, or his/her designated representative. “Club”. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business. “Commercial Retail Center”. Any combination of two (2) or more commercial uses or commercial businesses, otherwise permitted or conditionally permitted in the zone in which they are located, and which the uses or businesses are either: (i) located on a single parcel of property; (ii) constructed as a single development project; or (iii) result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. “Commission”. The Planning Commission of the City of Anaheim, unless some other commission is specifically mentioned. “Computer”. Any electronic device designed or intended to access the Internet, or for interconnection with other devices for playing electronic games. “Computer Rental/Internet Amusement Business”. A business establishment which, for compensation, provides for public use of computers or electronic communication devices, to which computers are connected, for the purpose of providing its patrons with access to the Internet, e- mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments commonly known variously as PC (personal computer) cafes or zones, Internet cafes or zones, cyber cafes or cyber centers or similar descriptions or uses are expressly included within the foregoing definition. Educational institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Co de, are not included. “Condominium”. An estate in real property, consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, as defined in California Civil Code Section 1351. “Condominium Hotel”. A building or group of buildings containing residential condominium units which are owned by individual investors and may be made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. “Convalescent Homes”. See “Rest Homes”. “Convenience Stores”. A market or grocery store having an enclosed gross floor area of less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of prepackaged food items, and secondarily in a limited range of household items, magazines, off- sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumed, on the premises. “Conviction” or “Convicted”. A plea or verdict of guilty or a conviction following a plea of nolo contendere. 58 “Coop”. A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. “Corral”. A yard that is enclosed to adequately confine animals. “Cover Charge”. An admission fee imposed upon patrons, including advanced prepayment for meals and similar fees. “Crib Walls”. A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often including space for the planting of creeping and/or cascading foliage. “Customer Area”. Any area open to customers of the establishment. SECTION 24. That Section 18.92.070 (“D” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.070 "D" WORDS, TERMS AND PHRASES. “Dance–One-Day.” A dance open to the public for an admittance fee or charge which is held on one day only. The dance is typically held in locations that have space for rent such as a banquet hall or hotel. “Dance Venue.” A place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week. "Delicatessen.” A store where ready-to-eat food products or delicacies, such as cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for consumption either on or off the premises. "Density.” The number of dwelling units per acre of land, including the area used for open space, recreational uses, and accessory uses associated with the residential use, but excluding public and private streets, public and private easements for ingress and egress, and any area used for non-reside ntial purposes. “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. “Distilled spirits manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California who produces distilled spirits from naturally fermented materials or in any other manner. “Dormitory.” A facility used principally for sleeping accommodations where such facility is related to an educational or public institution, including religious institutions. "Driveway.” A private roadway used exclusively for providing ingress and egress to a parking space, garage, dwelling or other structure; a “Driveway” does not include space for the parking of vehicles or the storage of materials. "Dwelling.” A building, or portion thereof, designed exclusively for residential purposes, including single-family and multiple-family dwellings, but not including hotels, motels, boarding houses and lodging houses. "Dwelling Unit.” One (1) or more rooms in a dwelling, designed for occupancy by one family for living and sleeping purposes, and having only one (1) kitchen. "Dwelling, Multiple-Family.” See Chapter 18.36 (Types of Uses). "Dwelling, Single-Family Attached.” See Chapter 18.36 (Types of Uses). “Dwelling, Single-Family Detached.” See Chapter 18.36 (Types of Uses). 59 SECTION 25. That Section 18.92.090 (“F” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.090 "F" WORDS, TERMS AND PHRASES. “Family.” An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished fro m a group occupying a boarding house Boarding House, lodging house, club, fraternity, sorority, hotel, motel Hotel, Motel, or any residential or group care facility requiring a conditional use permit. Community Care Facilities – Licensed, Community Care Facilities – Unlicensed, Sober Living Ho mes, Alcoholism or Drug Recovery or Treatment Facilities or Senior Living Homes that require a regulatory permit or a conditional use permit. “Family Day Care.” Regularly provided care, protection and supervision of fourteen (14) or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians of such children are away. The term “Provider,” as used herein, means a person who operates a “Family Day Care” home and is licensed or registered pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of the California Health and Safety Code. “Family Day Care Home, Large.” A home, located in a single-family dwelling in a residential zone, which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home, as defined in regulations of the California Department of Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations). “Family Day Care Home, Small.” A home, located in a single-family dwelling in a residential zone, which provides family day care to eight (8) or fewer children, including children who reside at the home, as defined in regulations of the California Department of Social Services. “Fences, Walls, Hedges and Berms.” A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term “Continuous Barrier,” as used herein, includes: any masonry or rock wall; any wood, iron, steel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and/or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a propert y. “Figure Model.” Any person, male or female, either nude or semi-nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct. “Figure Model Studio.” Any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi-nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services. “Fireworks”. Those fireworks that are defined and classified as Safe and Sane Fireworks (also known as “state-approved fireworks”") in Sections 12529 and 12562 of the Health and Safety Code of the State of California and the relevant sections of Chapter 6, Title 60 19, California Code of Regulations), or any successor provision thereto, subject to regulation by the City Council. “Floodplain.” Area susceptible to flooding, defined as the “regulatory floodway” and designated as a “special flood hazard area” (subject to a one percent (1%) or greater chance of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area. “Floor Area, Gross.” The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. “Floor Area, Livable.” The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking. “Floor Area Ratio.” The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area. “Fortunetelling.” A business involving fortunetelling. The term “fortunetelling” shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrolog y, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. SECTION 26. That Section 18.92.150 (“L” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.150 "L" WORDS, TERMS AND PHRASES. “Landing.” A platform without a roof, situated between flights of stairs, or at the head or foot of a flight of stairs. “License Collector.” The License Collector of the City of Anaheim, or his/her designated representative. “Liquor Store.” A retail establishment in which the primary use is the sale of alcoholic beverages for off-premises consumption. “Living Area.” The area within a single-family house, excluding the attic, basement and garage. “Loading Space.” An off-street space on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. “Lodging House.” A building, or portion thereof, where lodging is provided for six (6) or fewer persons who are not living together as a single housekeeping unit, where rent is paid in money, goods, labor or otherwise, excluding rest homes and residential or group care facilities. 61 “Lot.” (1) A parcel of real property shown as a delineated parcel of land, with a number or other designation, on a plat recorded in the Office of the County Recorder of Orange County, on or before November 25, 1975; or (2) a parcel of real property, lawfully created, not delineated as in (1) above, and except as provided for in Section 18.10.120 (Street Frontage/Land Subdivision) abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, and held under separate ownership from adjacent property prior to November 25, 1975; or (3) a parcel of real property, lawfully created, not delineated as in (1) above, and containing an area not less than the prescribed minimum square footage and lot width required for the zone in which it is located, and abutting at least one public street, private street with direct legal vehicular access to a public right-of-way, or alley, if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to November 25, 1975. “Lot Area.” The total horizontal area within the boundary lines of a lot. “Lot, Corner.” A lot situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five (135) degrees. “Lot Coverage.” The percentage of the lot covered by buildings or structures, including all covered parking spaces, but not including walkways and driveways; swimming pools and semi-enclosed patio structures are not included in single-family residential zones; and recreational-leisure buildings and facilities are not included in multiple-family residential zones. “Lot, Depth.” The depth of a lot shall be the horizo ntal length of a straight line, connecting the bisecting points of the front and the rear lot lines. “Lot, Flag.” A lot with vehicular access provided from the street to the bulk of the lot by means of a narrow corridor. “Lot Frontage.” The property line or lines of a lot that abut a public or private street or other recorded vehicular accessway. “Lot, Interior.” A lot other than a corner lot. “Lot, Key.” The first lot to the rear of a reversed corner lot, whether or not separated by an alley. “Lot Line, Front.” In the case of an interior lot, a line separating the lot from the public right -of-way (excluding alley); in the case of a corner lot, the line separating the narrowest street frontage from a public right -of-way. “Lot Line, Rear.” A lot line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line in the case of an irregular, triangular or gore- shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line, and at right angles to the line comprising the depth of such lot, shall be used as the “Rear Lot Line.” “Lot Line, Side.” Any lot boundary line not a front lot line or a rear lot line. “Lot, Reversed Building Frontage.” A corner lot in a single-family residential zone, on which the dwelling is constructed so as to front onto the street lot line with the longest street frontage. “Lot, Reversed Corner."” A corner lot, the side street line of which is substantially a continuation of the front lot line of the corner upon which it rears. “Lot, Through.” A lot having frontage on two (2) parallel or approximately parallel streets. “Lot Width.” The horizontal distance between the side lot lines, measured at the front setback line. 62 SECTION 27. That Section 18.92.210 (“R” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.210 "R" WORDS, TERMS AND PHRASES. "Recreational Facilities." A facility used for the refreshment of body and mind through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools, saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a computer rental/Internet amusement business as defined in this chapter. "Recreational Vehicle." Any vehicle defined by the California Health and Safet y Code Section 18010. Recreational Vehicles include boats, personal water craft, off-road vehicles, and trailers. "Recreational Vehicle Park." Any area or tract of land where space is rented to accommodate one or more automobile trailers, including any van, camper, recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations. "Regional Shopping Center." A retail shopping area consisting of a group of retail and other commercial businesses designed, developed and managed as an integrated entity, that provides a wide range and variety of general merchandise and services, and is intended to attract shoppers from more than one city. "Residential or Group Care Facility." A building or portion thereof, designed or used for the purpose of providing twenty-four (24)-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities, such as counseling, recovery planning, or medical or therapeutic assistance. "Residential or Group Care Facility" includes, but is not limited to, community care facilities (California Health and Safety Code Sections 1500 et seq.), residential care facilities for persons with chronic, life-threatening illnesses (Health and Safety Code Sections 1568.01 et seq.), residential care facilities (Health and Safety Code Sections 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (Health and Safety Code Section 11834.02), and other similar care facilities. "Residential Zone." Any Zone, Overlay Zone or Specific Plan Development Area that permits Dwellings, Multiple-Family; Dwellings, Single-Family Attached; and/or, Dwellings Single-Family Detached by right or by conditional use permit; and, the Mobile Home Park Overlay (MHP) Zone. "Resolution of Intent." A resolution to reclassify property from one zone to another that has been approved by the Planning Commission or City Council, but in connection with which an ordinance has not been adopted on by the City Council; a "Resolution of Intent" does not establish any vested rights in the reclassification. "Responsible Employee." The person(s) designated by the Operator of the Massage Establishment to act as the representative or agent of the Operator in conducting day-to-day operations. A Responsible Employee may also be an owner. "Rest Home." Facility that provides nursing, dietary and other personal services to convalescents, invalids and aged persons, excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. "Restaurant." An establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption, either on or off the premises. The 63 term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation or kitchen area for a restaurant shall be permanently designed for food preparation and food storage purposes, and shall constitute not less than twenty percent (20%) of the gross floor area of the restaurant, including outdoor dining areas. No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. "Restaurant, Drive-In." A restaurant where provision is made for vehicles to park on the premises, and food is ordered from and served directly to patrons in the vehicle for consumption by patrons in vehicles while they are parked on the premises. "Restaurant, Drive-Through." A restaurant where provision is made for one (1) or mor e drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at a separate location, either on or off the premises. "Restaurant, Enclosed." A restaurant in which the preparation, service and consumption of meals is conducted entirely within a building. "Restaurant, Fast Food." A restaurant where food is customarily ordered by patrons at a counter located inside the building with tables and seating for more than twenty (20) patrons. "Restaurant, Full Service." A restaurant 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 this chapter. "Restaurant, Outdoor Dining." A restaurant in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an outdoor dining area as defined in this chapter. "Restaurant, Take-Out." A restaurant where food is prepared on the premises and customarily ordered by patrons, while standing at a window or counter located inside the building, regardless of the manner in which said food is thereafter served or whether said food is consumed on or off the premises, and which may provide an indoor and/or outdoor seating area having a cumulative maximum total of not more than twenty (20) seats in an area proportional to the number of tables and seats. "Restaurant, Walk-Up." A restaurant where food is prepared on the premises, and service to the customer is by means of a window or opening to the outside of the building, at which the customer places and receives an order, which may be consumed on the premises. "Restaurant, With Accessory Entertainment." A restaurant, with or without on- premises sale and consumption of alcoholic beverages, wherein music and/or live entertainment is provided for patrons to dance or otherwise be entertained, which is regularly open to the public without the payment of a cover charge or admittance fee, and is not a sex- oriented business as defined in Chapter 18.54 (Sex-Oriented Businesses). Entertainment is, and shall at all times be, accessory to the primary restaurant use. No admission fee, cover charge, advance pre-payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. "Restaurant, With On-Premises Sale and Consumption of Alcoholic Beverages." A restaurant, either enclosed or with outdoor dining, where alcoholic beverages are sold to and consumed by patrons upon the premises, either within an accessory cocktail lounge or in a designated dining area, in conjunction with the serving and consumption of a meal. Said establishment shall have, and maintain all requisite permits and approvals from and as required by the California Department of Alcoholic Beverage Control, and shall meet the requirements of a bona fide eating place as defined by Section 23038 of the California Business and 64 Professions Code, and any successor provision thereto, and the definition of a restaurant as set forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use. "Right -of-Way." A strip of land used or intended to be used for transportation purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for water, wastewater, telecommunications, electricity or natural gas. "Room, Habitable." A space in a structure and designed or used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable rooms. SECTION 28. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.220 "S" WORDS, TERMS AND PHRASES. "Schools, Elementary, Junior High and High." An institution of learning which offers inst ruction in the several branches of learning and study required to be taught in public schools by the California Education Code. "Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project." An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the "resident manager's dwelling unit" in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project – Congregate Care." A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development." A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit that does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station." A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. "Setback, Required." The minimum dimension between a structure and the adjacent public right -of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side." The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. 65 "Single Housekeeping Unit." A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. If the dwelling is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises. The membership of the household is determined by the residents, not by a landlord, property manager or other third party. Other typical factors that indicate a household operating as a Single Housekeeping Unit may include, but not limited to, the following: the residents do not have separate and private entrances from other residents; the residents do not have a separate secured food facilities such as separate refrigerators or food-prep areas; the household is strictly resident -run; there is no care or supervision provided by a third-party or a paid resident/house manager at the dwelling unit or on the property. "Smoking Lounges." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event." A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private." A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public." A stable other than a private stable. "Story." That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2 -1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street." A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line." The boundary line between a street and abutting property. "Street Side." That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure." Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations." Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit." A dwelling unit without a bedroom. SECTION 29. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1)) of Chapter 18.112 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Tit le 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 66 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural crops P Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverages – Off-Sale N Except as permitted subject to Section 18.116.070.090 or as an accessory use incidental to and integrated within a hotel or motel. Alcoholic Beverages – On-Sale P Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) N Ambulance Services N Amusement parks, theme-type complexes, aviaries, zoos C Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Boarding C No animals or birds shall be confined closer than forty (40) feet fr om any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas – Broadcasting C Antennas – Telecommunications T Stealth facilities integrated within a building are permitted subject to Section 18.38.060 and Section 18.62.020. Freestanding ground-mounted facilities including stealth facilities are not permitted. Automated Teller Machines (ATM’s) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Automotive – Vehicle Sales, Lease & Rental N/C Car sales are prohibited. Automotive – Rental not otherwise permitted by Table 116-D requires a conditional use permit. Automotive –Parts Sales N Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Repair and Modification N Automotive – Service Station C Subject to requirements of Section 18.38.070 (Automotive Service Stations) and subsection 18.116.070.090. 67 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Washing C In conjunction with an Automotive – Service Station only. Bars & Nightclubs C Bed and Breakfast Inns N Beekeeping N Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Boat and RV Sales N Boarding House N Building and Material Sales N Cemeteries N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini- malls and other shopping centers not in conformance with the requirements of a Specialty Center, as defined in Section 18.116.030 (Definitions) and detailed within this table (Table 116- C). Community Care Facilities – Licensed (Large) N Community Care Facilities – Unlicensed (Large) N Community and Religious Assembly C Computer Internet & Amusement Facilities N Convalescent & Rest Homes N Convenience Stores N Except as allowed by Section 18.116.070.090. Conversion of hotels or motels to semi-permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. Dance & Fitness Studios – Large N Dance & Fitness Studios – Small N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Day Care Centers P/C Permitted by right as an accessory use incidental to and integrated within a hotel or motel; permitted by CUP as a primary use Drive-Through Facilities N Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Entertainment Venue C Equipment Rental – Large N Equipment Rental - Small N Golf Courses & Country Clubs C 68 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Group Care Facilities N Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Markets – Large N Markets – Small N Medical & Dental Offices N Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C Nonconforming Structure – Office uses in a legal nonconforming building C Non -publicly operated convention centers C Including exhibition halls and auditoriums Offices – Development C Office buildings when accessory to, and integrated as part of, an on- site permitted primary or when located in a legal nonconforming building. Offices – General C Office buildings when accessory to, and integrated as part of, an on- site permitted primary or when located in a legal nonconforming building Oil Production N Outdoor storage yards N Except as otherwise permitted in this Zone 69 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Personal Services – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Personal Services – Restricted N Plant Nurseries N Public Services C Recreation – Billiards C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Indoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Commercial Outdoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Low Impact C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation – Swimming & Tennis C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. Recycling Services – General N Recycling Services – Processing N Repair Services – General N Repair Services – Limited N Research & Development N Restaurants – General P Enclosed and with outdoor dining Restaurants – Drive-through N Restaurants with accessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Retail Sales – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or subject to the requirements for a specialty retail center Retail Sales – Kiosk N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or as part of a conditional use permit for a specialty retail center Retail Sales – Outdoor N Retail Sales – Used Merchandise N Room & Board N Senior Living Facilities (Large) N Sober Living Homes (Large) N Self Storage N Sex-oriented businesses N As defined in Chapter 18.92 (Definitions) 70 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Specialty retail centers C Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on -premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. Structures – Height exceeding 1/2 the distance from the building or structure to a single- family, multi-family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures – Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial Recreation Area). N Structures – Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay). Studios – Broadcasting C Including accommodations for filming/taping in front of live audiences. 71 Table 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Studios – Recording C Including accommodations for filming/taping in front of live audiences. Towing Services C Permitted only in conjunction with Automotive – Service Station. Transitional and Supportive Housing N Transportation facility C As defined in subsection 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter. Truck Repair & Sales N Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Warehousing & Storage – Enclosed N Wholesaling N SECTION 30. That Table 120-A (Primary Uses by Development Area: 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: Table 120-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA- 1 DA- 2 DA- 3 DA- 4 DA-5 DA- 6 Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) N N C N N N Community Care Facilities – Licensed (Small) N N C N N N Community Care Facilities – Unlicensed (Small) N N C N N N Subject to §18.38.123 Dwellings–Multiple Family N N C N N N Dwellings–Single-Family Attached N N C N N N Dwellings–Single-Family Detached N N N N N N Mobile Home Parks N N N N N N 72 Table 120-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA- 1 DA- 2 DA- 3 DA- 4 DA-5 DA- 6 Special Provisions Residential Care Facilities N N C N N N May be permitted in compliance with State law Senior Citizen Housing N N C N N N Senior Citizens’ Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) N N C N N N Sober Living Homes (Small) N N C N N N Subject to §18.38.123 Supportive Housing N N C N N N Transitional Housing N N C N N N SECTION 31. That Table 120-B (Primary Uses by Development Area: 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: Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required 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 Manufacturing P/C P/C P/C P/C P/C C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale N N P/C P/C P/C N Permitted without a conditional use permit in DA 3, DA 4 and DA 5 if use is in conjunction with Markets– Large Alcoholic Beverage Sales–On-Sale P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when in conjunction with Restaurants–Full-Service, Restaurants–General and Restaurants–Outdoor Dining Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) N N C C C N Ambulance Services P P N N C C Animal Boarding P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when 73 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions conducted entirely indoors subject to Section 18.38.270 Animal Grooming P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270 Antennas–Broadcasting P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility, as defined in Section 18.38.060.030.0312 Antennas–Private Transmitting T T T T T T Antennas– Telecommunications– Stealth Building-Mounted T T T T T T Subject to Sections 18.38.060 & 18.62.020 Antennas– Telecommunications– Stealth Ground-Mounted T T T T T T Subject to Section 18.36.060 Antennas– Telecommunications– Ground -Mounted (Non- Stealth) N N N N N N Automated Teller Machines (ATM’s) P P P P P P Subject to Section 18.36.040 Automotive–Vehicle Sales, Lease & Rental C C C N C N Automotive–Sales Agency Office (Retail) C C C C C N Subject to Section 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C Subject to Section 18.16.055 and Section 18.38.065. Minor conditional use permit required for on -site storage, display or parking of one or 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 C N N N N Subject to Section 18.38.200 74 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Automotive–Public Parking P P P P P P Automotive–Parts Sales P/C P/C N P/C P/C N Permitted without a conditional use permit when conducted entirely indoors Automotive–Repair and Modification: Major C C N C C N Automotive–Repair and Modification: Minor M M N M M N Automotive–Service Stations P P C P P N Subject to Section 18.38.070; In DA-3, must be adjacent on to both La Palma and Tustin Avenues Automotive–Washing C C C C C C Banquet Halls C C C C C C Bars & Nightclubs N N C C C N Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080 Beekeeping C C N N N C Billboards N N N N N N Building Material Sales C C N N C N No more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to Sections 18.38.190 and 18.38.200 Business & Financial Services P P P P P N Boarding House N N C N N N Cemeteries N N N N N N Commercial Retail Centers N N P/C P/C P/C N Subject to Section 18.38.115; otherwise, a conditional use permit is required. Community Care Facilities – Licensed (Large) N N C C C N Community Care Facilities – Unlicensed (Large) N N C C C N Subject to §18.38.123 Community & Religious Assembly N N C C C N Permitted in DA-1 pursuant to Conditional Use Permit No. 2016-05874. Computer Internet & Amusement Facilities N N N N N N 75 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Convalescent & Rest Homes N N C C C N Convenience Stores N N P P P N Subject to Section 18.38.110; otherwise, a conditional use permit is required. Dance & Fitness Studios– Large N N P P P N Dance & Fitness Studios– Small N N P P P N Day Care Centers P/C P/C P/C P P N Permitted without a conditional use permit in DA-1, DA-2 and DA-3 if integrated within a multi- tenant office building as an accessory use to serve office tenants. Drive-Through Facilities N N P/C P/C P/C N Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions– Business P P P P P N Educational Institutions– General N N C C C N Educational Institutions– Tutoring N N P P P N Subject to Section 18.36.040.050 Emergency Shelters (50 of fewer occupants) P P N N N N Subject to Section 18.38.125 Emergency Shelters (more than 50 occupants) C C N N N N Subject to Section 18.38.125 Entertainment Venue N N C C C N Equipment Rental–Large P/C P/C N P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment Equipment Rental–Small P/C P/C P/C P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment 76 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Golf Courses & Country Clubs N N N N N C Group Care Facilities N N C C C N Subject to Section 18.36.040.070 Helipads & Heliports P/C P N N C N Requires a conditional use permit in DA-1 if the use is located within 1,000 feet from a residentially-zoned parcel Hospitals C C N N C N Hotels N N C N C N Industry P P N N M C Industry–Heavy P P N N N C Junkyards C C N N N N Subject to Section 18.38.200 Markets–Large N N P P P N Markets–Small N N P/C P/C P/C N Subject to Section 18.38.155; otherwise, a conditional use permit is required Medical & Dental Offices M M P P P N Mortuaries C C N N N N Motels N N C N C N Offices–Development P P P P P N Offices–General P P P P P N Oil Production C C N N N N Subject to Section 18.38.180 Outdoor Storage Yards P/C P/C N N N N Permitted without a conditional use permit if all storage is screened from view; subject to Section 18.38.200, otherwise a Conditional Use Permit is required. Personal Services– General N N P/C P/C P/C N Laundromats are subject to Section 18.38.150; otherwise, a conditional use permit is required. Massage subject to Section 18.16.070 Personal Services– Restricted N N C C C N Plant Nurseries P/C P/C N P/C P/C P/C Subject to Sections 18.38.190, 18.38.200 and 18.38.205; otherwise, a conditional use permit is required. 77 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Public Services P P C C C N Recreation–Billiards N N P/C P/C P/C N Subject to Section 18.38.085; otherwise, a conditional use permit is required. Recreation–Commercial Indoor N N C P P N Amusement arcades are allowed only in conjunction with a hotel, motel, or a bowling alley Recreation–Commercial Outdoor N N C C C C Recreation–Low-Impact P P P P P P Recreation–Swimming & Tennis N N P/C P/C P/C P/C Permitted without a conditional use permit if use is conducted wholly indoors Recuperative Care/Medical Respite P/C P/C N N N N Subject to Section 18.38.125 Recycling Services– General C P N N N C Subject to Chapter 18.48 Recycling Services– Processing P/C P N N N P/C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed in DA-1 and DA-6 without a conditional use permit Repair Services–General P P P P P N Repair Services–Limited P P P P P N Research & Development P P P P P P Restaurants–Full Service N N P P P N Restaurants–General C C P P P C Permitted without a conditional use permit when a part of an industrial or office complex of 5 or more units Restaurants–Outdoor Dining C C P P P C Subject to Section 18.38.220 Retail Sales–General C/N C/N P P P N Permitted by conditional use permit in DA-1 & DA-2 only if the retail is industrially- related or household furniture occupying a minimum of 50,000 square feet of building floor area. Retail Sales–Kiosks N N M M M C 78 Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Retail Sales–Outdoor N N C C C C Subject to Sections 18.38.190 and 18.38.200 Retail Sales–Used Merchandise N N P P P N Room & Board N N C N N N Self-Storage C C N N N N Subject to Council Policy No. 7.2 Senior Living Facilities (Large) N N C C C N Sober Living Homes (Large) N N C C C N Subject to §18.38.123 Sex-Oriented Businesses P P N N N N Subject to Chapter 18.54 Smoking Lounge N N P/C P/C P/C N Subject to Section 18.16.080; otherwise, conditional use permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C N Permitted without a conditional use 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 & Sales P P N N C N Subject to Section 18.38.200 Utilities–Major C C C C C C Utilities–Minor P P P P P P Payphones must be located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270; otherwise, a conditional use permit is required. Warehousing & Storage- Enclosed P P N N P C Wholesaling P P N N P C Wine Bars N N C C C N SECTION 32. That Table 122-A (Primary Uses by Development Area: Residential Use Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) 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: 79 Table 122-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R-M MU- M MU- H N-C R-C O S-P P-R Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Small) P P P P N N N N N Community Care Facilities – Licensed (Small) P P P P N N N N N Community Care Facilities – Unlicensed (Small) P P P P N N N N N Subject to §§18.16.058 and 18.38.123 Dwellings– Multiple Family P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non- residential uses require approval of a CUP Dwellings– Single-Family Attached P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non- residential uses require approval of a CUP Dwellings– Single-Family Detached C N N N N N N N N Mobile Home Parks C N N N N N N N N Residential Care Facilities P P P P N N N N N Senior Citizen Housing C C C C N N N N N Senior Citizens' Apartment projects subject to Chapter 18.50 Senior Living Facilities (Small) P P P P N N N N N Sober Living Homes (Small) P P P P N N N N N Subject to §§18.16.058 and 18.38.123 Supportive Housing P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a 80 Table 122-A PRIMARY USES BY DEVELOPMENT AREA: RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R-M MU- M MU- H N-C R-C O S-P P-R Special Provisions part of a mixed-use project with non- residential uses require approval of a CUP Transitional Housing P P P/C P/C N N N N N In the MU-M and MU-H residential uses that are not a part of a mixed-use project with non- residential uses require approval of a CUP SECTION 33. That Table 122-B (Primary Uses by Development Area: Residential Use Classes) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) 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: Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Agricultural Crops N N N N N N N N N Alcoholic Beverage Manufacturing N N P/C P/C P/C P/C N N N Subject to 18.38.025; Permitted without a CUP if building is less than 6,000 square feet and in the MU-M, MU-H, N-C or R-C Alcoholic Beverage Sales-Off-Sale N N P/C P/C P/C P/C N N N Permitted without a CUP if use is in conjunction with Markets–Large and in the MU-M, MU-H, N - C or R-C Alcoholic Beverage Sales-On-Sale N N P/C P/C P/C P/C N N N Permitted without a CUP when in conjunction with Restaurants-Full- Service, Restaurants- Gen eral and Restaurants-Out door Dining and in the MU- M, MU-H, N-C or R-C 81 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Alcoholism or Drug Abuse Recovery or Treatment Facilities (Large) C C C C C C N C N Ambulance Services N N N N C C N C N Animal- Boarding N N N N P/C P/C N N N Permitted without a CUP when conducted entirely indoors subject to 18.38.270 and in the N-C or R-C Animal- Grooming N N P/C P/C P/C P/C N N N Permitted without a CUP when conducted entirely indoors, subject to 18.38.270 and in the MU-M, MU-H, N-C or R-C Antennas– Broadcasting C C P/C P/C P/C P/C P/C C C Permitted without a CUP if designed similar to stealth telecommunications facility as defined in 18.38.060.030.0312 and in the MU-M, MU-H, N-C, R-C or O Antennas–Private Transmitting P C C C N N N N N Subject to 18.38.040 Antennas– Telecommunications Ground -Mounted (Non -Stealth) N N N N N N N N N Antennas– Telecommunications- Stealth Building- Mounted T T T T T T T T T Subject to 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground- Mounted N C C C T T T T T Subject to 18.38.060 Automatic Teller Machines (ATM's) N N N N P P P P P Subject to 18.36.040 Automotive-Impound Yards N N N N N N N N N Automotive-Parts Sales N N N N N N N N N Automotive-Public Parking N N C C C C C C C Automotive-Repair & Modification: Major N N N N C C N N N Allowed with a CUP only if use is in conjunction with 82 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Markets-Large and in the N-C or R-C Automotive-Repair & Modification: Minor N N N N M M N N N Allowed with a MCUP only if use is in conjunction with Markets-Large and in the N-C or R-C Automotive-Sales Agency Office (Retail) N N N N N N N N N Automotive-Sales Agency Office (Wholesale) P P P P P P P N N Subject to 18.16.055 for office use only; no on -site storage, display or parking of any vehicle being held as inventory Automotive-Service Stations N N N N N N N N N Automotive-Vehicle Sales, Lease & Rental N N N N N N N N N Automotive-Washing N N N N N N N N N Bail Bonds N N N N N N N N N Banquet Halls N N C C C C C C C Bars and Night Clubs N N C C C C N N N Bed & Breakfast Inns N N N N N N N N N Beekeeping N N N N N N N N N Billboards N N N N N N N N N Boarding House N N N N N N N N N Building Material Sales N N N N N N N N N Business and Financial Services N N P P P P P N N Check cashing and bail bond establishments are prohibited Cemeteries N N N N N N N N N Commercial Retail Centers N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Community Care Facilities – Licensed (Large) C C C C C C N C N Community Care Facilities – Unlicensed (Large) C C C C C C N C N Subject to §18.38.123 Community & Religious Assembly N N C C C C C C C 83 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Computer Internet & Amusement Facilities N N N N N N N N N Convalescent & Rest Homes N C C C C C C C C Convenience Store N N C C C C N N N Subject to § 18.38.110; Only allowed in conjunction with Automotive-Service Stations or if integrated with a mixed-use development; Hours of operation are limited to between the hours of 5:00 a.m. and 12:00 a.m. Dance and Fitness Studios- Large N N P P P P P C C Dance and Fitness Studios- Small N N P P P P P P P Day Care Centers C C C C C C C C C Drive-Through Facilities N N N N P/C P/C P/C N N Hours of operation are limited to between the hours of 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; Permitted without a CUP as an accessory use if in conjunction with Business and Financial Services as the primary use and in the N-C, R- C or O Educational Institutions-Business N N P/M P/M P/M P/M P/M P/M P/M Permitted without a MCUP if the institution has ten students or less and in the MU-M, MU-H, N - C, R-C, O, S-P, or P-R Educational Institutions-General C C C C C C C C C Educational Institutions-Tutoring N N P P P P P P P Emergency Shelters N N N N N N N N N Entertainment Venue N N C C C C N N C Equipment Rental- Large N N N N N N N N N 84 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Equipment Rental- Small N N N N N N N N N Golf Courses & Country Clubs N N N N N N N N N Group Care Facilities C C C C C C N C N Helipads & Heliports N N N N N N N C N Hospital N N N N N N N C N Hotels N N N N/C N N/C N N N Hotels are permitted by CUP in the MU-H and R-C. Industry N N N N N N N N N Industry-Heavy N N N N N N N N N Junkyards N N N N N N N N N Markets-Large N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Markets-Small N N P/C P/C P/C P/C N N N Permitted without a CUP if developed in compliance with 18.38.115 and in the MU-M, MU-H, N -C or R-C Medical & Dental Offices N N P P P P P P P Medical Marijuana Dispensaries N N N N N N N N N Mortuaries N N N N P P N N N Motels N N N N N N N N N Motels, including adaptive reuse of motels, are prohibited. Office-Development N N P P P P P N N Office-General N N P P P P P P P Oil Production N N N N N N N N N Outdoor Storage Yards N N N N N N N N N Personal Services- General N N P/C P/C P/C P/C N P/C N In the MU-M, MU-H, N-C, R-C and S-P the following Personal Services – General uses have the following additional requirements: • Laundromats are subject to 18.38.150, otherwise a CUP is required; 85 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions • Tattoo and massage establishments require a CUP Personal Services- Restricted N N N N C C N N N Plant Nurseries N N N N N N N N N Public Services N N P P P P P P P Recreation–Billiards N N N N C C N N N Recreation– Commercial Indoor N N C C C C N C P Recreation– Commercial Outdoor N N C C C C N C P Recreation–Low- Impact P P P P P P P P P Recreation– Swimming & Tennis N N C C C C N C P Recycling Services- General N N N N N N N N N Recycling Services- Processing N N N N N N N N N Repair Service- General N N N N P P N N N Repair Service- Limited N N P P P P N N N Research & Development N N C C C C P N N Restaurants–Full Service N N P/C P/C P/C P/C C C C In the MU-M, MU-H, N-C or R-C, hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R hours may be further limited by the CUP Restaurants–General N N P/C P/C P/C P/C C C C In the in the MU-M, MU-H, N-C or R-C hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R 86 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions hours may be further limited by the CUP Restaurants–Outdoor Dining N N P/C P/C P/C P/C C C C Subject to 18.38.220; In the in the MU-M, MU-H, N-C or R-C hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Hours of operation may be modified with approval of a CUP in the MU-H and R-C; In the O, S-P and P-R hours may be further limited by the CUP Retail Sales–General N N P P P P N N N In the in the MU-M, MU-H, N-C or R-C hours of operation are limited between 5:00 a.m. and 12:00 a.m.; Pawn shops, tobacco and vape sales are prohibited Retail Sales-Kiosks N N M M M M N N M Retail Sales–Outdoor N N C C C C N N N Subject to 18.38.190 and 18.38.200 Retail Sales–Used Merchandise N N N N N N N N N Room & Board N N N N N N N N N Self Storage N N N N N C N N N Subject to City Council Policy No. 7.2; Limited to areas east of Beach Boulevard and North of Lincoln Avenue Senior Living Facilities (Large) C C C C C C N C N Sober Living Homes (Large) C C C C C C N C N Subject to §18.38.123 Sex-Oriented Businesses N N N N N N N N N Short-Term Rentals N N N N N N N N N Smoking Lounge N N N N N N N N N Studios-Broadcasting N N N N P/C P/C N N N Permitted without a CUP if there is no live audience and located in the N-C or R-C. Studios-Recording N N C C P P P N N Swap Meets, Indoor and Outdoor N N N N N N N N N 87 Table 122-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit (CUP) Required M=Minor Conditional Use Permit (MCUP) Required N=Prohibited T=Telecommunications Antenna Review Permit Required R- LM R- M MU- M MU- H N-C R-C O S-P P-R Special Provisions Towing Services N N N N N N N N N Transit Facilities N N N N C C C C C Truck Repair & Sales N N N N N N N N N Utilities- Major N N N N N N N N N Utilities- Minor C C P P P P P P P Veterinary Services N N P/C P/C P/C P/C P/C P/C N Permitted without a CUP if use complies with 18.38.270 and located in the MU-M, MU-H, N-C, R-C, O or S-P. Warehousing & Storage-Enclosed N N N N N N N N N Wholesaling N N N N N N N N N Wine Bars N N C C C C N N N SECTION 34. 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 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. SECTION 35. 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 36. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. /// /// /// 88 /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020, 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 ATTACHMENT NO. 3 City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JULY 6, 2020 SUBJECT: ZONING CODE AMENDMENT NO. 2020-00170 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide standards and regulations for unlicensed community care facilities and sober living homes. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the proposed draft ordinance (Attachment 1) is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(2), 15060(c)(3), and 15301; and, that the City Council adopt the proposed ordinance. BACKGROUND: In recent years, many California (State) cities and counties have seen an increase in the number of residential care facilities in single-family residential neig hborhoods. State law requires that homes providing care and supervision and/or detoxification services obtain and maintain licenses with appropriate State agencies. •The State Department of Social Services (DSS) licenses and regulates community care facilities, which includes residential care facilities providing nonmedical care and supervision for children or adults in need of personal services. •The State Department of Health Care Services (DHCS) licenses and regulates alcoholism or drug abuse recovery or treatment facilities that provide nonmedical services such as detoxification and counseling sessions to adults who are recovering from problems related to alcohol or other drug misuse or abuse. In contrast, t he State does not regulate or license other supportive living facilities that do not provide any services or treatments. Generally, there are two main types of unlicensed community care facilities. •Group homes are residential homes that provide a supportive living environment for persons considered as handicapped under State or federal law. •Sober living homes are unlicensed facilities, which house persons who are recovering from an alcohol or drug addiction. Such unlicensed facilities only provide residential accommodation, and cannot provide any services or treatments (i.e. counseling, detoxification). 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 2 of 7 In Orange County, there are two voluntary non-State certification programs available for sober living homes: • Adult Alcohol & Drug Sober Living Facilities Certification program by Orange County Sheriff’s Department (OCSD). • Recovery Residence Certification program by California Consortium of Addiction Programs and Professionals (CCAPP). The State law requires cities and counties to treat State licensed community care facilities and alcoholism or drug abuse recovery or treatment facilities serving six or fewer disabled residents as a single-family residential use, and allow them by right in residential districts. State law allows cities and counties to require a conditional use permit for licensed facilities with over six residents. In contrast, there is no specific State law that requir es cities and counties to treat unlicensed facilities that do not provide services or treatments, regardless of the number of residents, as a single-family residential use. However, cities and counties are required to make reasonable accommodations in zoning laws when such accommodation is reasonably necessary to provide the disabled persons the opportunity to enjoy a residential dwelling. These requirements are based on the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair Employment Housing Act (“FEHA”), which prohibits pubic agencies from making land use decisions or policies that exclude or otherwise discriminate against persons with disabilities or other protected classes. In addition, the Lanterman Developmental Disabilities Services Act (“Lanterman Act”) outlines rights of individuals with developmental disabilities and their families to get services and supports they need to live like people without such disabilities. The core purpose of the FHAA, FEHA and Lanterman Act is to provide a broader range of housing opportunities to the disabled, to free the disabled from institutional style living to the extent possible and to ensure that disabled persons have the opportunity to live in normal residential surroundings, and to use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled. In 2014, the Costa Mesa City Council adopted a zoning ordinance to regulate “unlicensed” group homes serving six or fewer persons, including sober living homes. Per the adopted ordinance, Costa Mesa requires a ministerial permit for all unlicensed facilities, and requires such facilities to comply with a number of operational standards. Some of key standards include requiring a 24- hour house manager, parking controls, and a separation requirement of 650 feet for sober living homes. In addition, all applicants are required to complete a thorough background check. After its adoption, a number of sober living home operators and industry trade groups filed several lawsuits against the City of Costa Mesa, arguing that such ordinance was discriminatory and in violation of the FHAA and FEHA. In recent months, the City of Costa Mesa received a number of favorable rulings in these lawsuits, which includes the most recent ruling by the United States Ninth Circuit Court of Appeals who reaffirmed the validity of City of Costa Mesa’s ordinance. In light of these recent rulings, in September 2019, the County of Orange Board of Supervisors adopted an ordinance to regulate group homes within single-family residential zones in a similar manner as Costa Mesa. The County subsequently updated the ordinance in December 2019 to provide certain clarifications and increased the separation requirement for sober living homes from 650 feet to 1,000 feet based on the rural nature of properties under the County’s jurisdiction. ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 3 of 7 The Anaheim Municipal Code (Code) currently classifies all residential facilities with six or fewer disabled persons as a “Residential Care Facility,” regardless of such facility’s licensing status. The Code identifies these facilities as a residential use that does not require a discretionary permit within the City’s single-family residential zones. The Code requires a conditional use permit for these uses when they accommodate seven or more disabled persons and are located within the City’s single-family residential zones. The Code currently classifies these larger facilities as a “Group Care Facility.” The City is currently home to more than 100 State licensed community care facilities that house six or fewer persons, under the State’s categories of adult residential care facility and residential care facility for elderly. In addition, there are 15 State licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, and 6 sober living homes certified by OCSD’s voluntary program. Additionally, staff estimates that there are approximately 154 possible unlicensed group homes and sober living homes within the City, based on the City’s Business License and Code Enforcement databases. However, the exact number of these facilities is unknown, as the City does not currently have a mechanism to track unlicensed facilities. Attachment 3 provides a map showing the locations of existing State licensed community care facilities, including alcoholism and drug abuse recovery or treatment facilities; OCSD certified sober living homes; and, the potential locations of unlicensed or non-certified community care facilities and sober living homes. Unlicensed facilities such as sober living homes typically do not function as a single housekeeping unit because they tend to house transient population that does not have established ties to the community and/or with each other. Residents of such facilities typically do not share household expenses and have high independence. A t hird-party property manager typically manages these facilities. As such, these facilities may create unique problems that are typically not associated with traditional single-family uses, and the City has been receiving continuous resident complaints regarding such facilities, expressing concerns such as overcrowding, parking, noise, and loitering. Based on concerns raised by the community, Mayor Pro Tem Faessel and Council Member Moreno, along with recent court decisions that found in favor of City of Costa Mesa’s ordinance, the Planning Director has initiated a similar ordinance that would provide standards and regulations for unlicensed community care facilities and sober living homes in the City. PROPOSAL: The City proposes to amend Title 18 (Zoning) of the Anaheim Municipal Code to provide standards and regulations for unlicensed community care facilities and sober living homes. Also included are revisions and additio ns to the Type of Uses and Definitions, along with updates to the existing land use tables for various Zoning districts. The following summarizes the proposed changes: Types of Uses, Definitions, and Land Use Tables The Code amendment would revise Chapters 18.36 (Types of Uses) and 18.92 (Definitions) to provide new and revised types of uses and definitions to distinguish between State licensed and unlicensed facilities. In summary, the existing Type of Uses for residential care facilities, which include “Residential Care Facility” and “Group Care Facility,” would be deleted and replaced with new terms. ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 4 of 7 • State licensed residential facilities would be either “Alcoholism or Drug Abuse Recovery or Treatment Facility,” “Community Care Facility – Licensed,” or “Senior Living Facility.” • Unlicensed facilities would be either “Community Care Facility – Unlicensed” or “Sober Living Homes.” These uses would be broken down into two categories of “Small” or “Large.” Small facilities are limited to six or fewer residents and large facilities would have seven or more residents. Other changes include revised definitions for “Convalescent & Rest Homes,” “Boarding House” and “Single Housekeeping Unit,” along with other minor clarifications. In addition, the amendment would modify various chapters of the Zoning Code, including certain specific plans, to update the existing land use tables to reflect the changes to the Type of Uses described above. Attachment 4 provides a more detailed summary of the proposed changes to the Type of Uses and Definitions Chapters. Proposed Permitting Process The proposed regulations would continue to permit unlicensed Community Care Facilities and Sober Living Homes with six or fewer residents to locate in residential zones. However, all unlicensed Community Care Facilities and Sober Living Homes, not operated as a Single Housekeeping Unit, would be required to obtain a Regulatory Permit prior to commencing operations. Such permit would be ministerial in nature and issued by the Planning & Building Department Director, if the facility can demonstrate compliance with the City’s regulations. The City would continue to require a conditional use permit for facilities with seven or more residents, where allowed. There are two types of Regulatory Permit s proposed: • An Operator’s Registration would be required for Sober Living Homes with OCSD certification. • An Operator’s Permit would be required for all other unlicensed Community Care Facilities and Sober Living Homes. Staff is proposing a separate permit type for Sober Living Homes with OCSD certification because OCSD’s certification process already includes many of similar review standards as the ones proposed for the City’s Operator’s Permit. As such, requiring Sober Living Homes with OCSD’s certification to go through another permit process that is similar to the OCSD’s certification program would be unwarranted. For instance, an Operator’s Permit would require a background check for the owner/operator and all employees of the facility from the City’s Police Department; an Operator’s Registration would not require a background permit because the applicant would have already completed one through OCSD certification. Staff would use certain criteria to deny, and if already issued, revoke Operator’s Registrations and Permits . These include provision of false information, acceptance of residents who are not handicapped, repeated violations of applicable regulations and standards, incompliance with the applicable separation requirement (further described under Proposed Operational Standards section below), and failure to remove residents who violates house rules and policies (i.e. alcohol and illegal drug use). In addition to these criteria, the City would also deny or revoke an Operator’s Permit if City staff were to determine that the owner/operator or staff members of the facility were ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 5 of 7 in violation of the established conditions related to past criminal convictions, violations, employment termination for specific cause, and parole or formal probation status. This criterion does not apply to the Operator’s Registration, as OCSD is the entity that conducts the background check with its own conditions related to past criminal and employment history. Both permits would expire automatically after six months of inactivity and are not transferrable to any other person, entity or facility. Additionally, all existing unlicensed facilities would be required to apply for the applicable permit within 90 days of the effective date of the Ordinance, and must comply with all provisions of the Code within one year from the effective date of the proposed o rdinance. The City may grant a one-year extension based on an existing lease term and/or financial hardship. With the proposed permit process, the City would be able to track the number of unlicensed facilities. Attachment 5 provides a table summarizing the proposed Regulatory Permit processes for unlicensed Community Care Facilities and Sober Living Homes. Attachment 6 shows the proposed draft application forms with submittal requirement s. Proposed Operational Standards All unlicensed Community Care Facilities and Sober Living Homes, regardless of number of residents, would be required to comply with various operational standards. Facilities may seek relief from the strict application of these operational standards by submitting a request setting forth specific reasons as to why accommodation over and above is necessary under State and Federal laws, pursuant to Section 18.62.090 of the Zoning Code (Request for Reasonable Accommodation). A table with a more detailed summary of the proposed operational standards for unlicensed Community Care Facilities and Sober Living Homes is Attachment 7. To ensure orderly operation, a house manager must be on site on a 24-hour basis, and owners/operators of these facilities must certify under penalty of perjury that they will implement written procedures and/or policies regarding intake procedures, facility rules and regulations, good neighbor policy and eviction/involuntary termination procedure. In addition, all owners/operators of Sober Living Homes must also certify under penalty of perjury that they will implement an active off-site program participation policy, visitation policy, and controlled substance policy. The proposed operational standards also include provisions related to parking and separation requirements. Over the years, the City has seen increased concerns from the residents regarding overflow parking into residential neighborhoods, which is evident in an increase in the number of petitions filed for Residential Permit Parking Program and the recently proposed Zoning Code amendment related to residential parking standards. In order to reduce potential impact of the unlicensed Community Care Facilities and Sober Living Homes on parking, all vehicles associated with these facilities must be operable and parked on-site, and all driveways, garages and on-site parking areas must be available for vehicle parking. S ince overconcentration of these facilities may lead to institutionalization and commercialization of residential neighborhoods, all unlicensed facilities would be subject to certain separation requirements. For unlice nsed Community Care Facilities, staff is proposing a 300-foot separation requirement. This requirement would be consistent with State Law regulations for State-licensed community care facilities, which consider State licensed facilities to be over -concentr ated if there ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 6 of 7 is less than 300-foot separation between facilities. For Sober Living Homes, a separation of 800 feet is proposed. Staff is proposing a larger separation because Sober Living Homes may present additional problems beyond those typically associated with unlicensed Community Care Facilities due to their unique nature of providing housing to a highly independent and transient population. Staff believes an 800-foot distance requirement for Sober Living Homes is appropriate as it is consistent with an average block length of a typical residential neighborhood in the City and therefore provides a reasonable market for the purchase/lease and operation of a Sober Living Home in the City while preventing overconcentration of sober living homes. Orange County Recovery Collaboration The Orange County Recovery Collaboration (OCRC) is a recently formed coalition comprised of a number of public and private agencies and industry experts in Orange County region, with a goal of providing education, prevention, resources and services on substance addiction. Sandra Sagert, the City Code Enforcement Manager and the City’s Homeless Liaison, serves as the City’s liaison to this group. Sandra has been in regular communications with OCRC and helped coordinate a meeting between City staff working on this Code amendment, OCRC and CCAPP, on March 3, 2020. At this meeting, OCRC and CCAPP emphasized the uniqueness of Sober Living Homes, the important role they play in assisting individuals in their recovery process, and explained the CCAPP’s voluntary certification program. In addition, they expressed concerns regarding City of Costa Mesa’s ordinance and its legal validity, and urged the City to utilize CCAPP’s certification program. Following the meeting, OCRC submitted a letter (Attachment 8), which recommends that the City require CCAPP certification of Sober Living Homes and not impose any separation requirement between facilities. Staff recognizes that CCAPP’s certification program provides guidelines for Sober Living Homes that promotes quality and ethical standards. However, these guidelines are not mandates and as CCAPP is the issuing entity, the City can not take an effective enforce ment action to ensure compliance. As such, requiring a CCAPP certification instead of a City issued permit would not allow the City to regulate Sober Living Homes. In addition, staff determined that a separation requirement would be necessary to prevent overconcentration, and the proposed 800-foot separation is reasonable, as previously discussed. Environmental Impact Analysis Staff recommends that the Planning Commission recommend that the City Council determine that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. In add ition, staff recommends the Planning Commission find that the effects of the proposed ordinance and the issuance of the Operator’s Registration and Regulatory Permit and are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed ordinance would regulate and permit unlicensed Community Care Facilities and Sober Living Homes to operate in existing single-family residential homes . As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a ZONING CODE AMENDMENT NO. 2020-00170 July 6 , 2020 Page 7 of 7 significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: The proposed ordinance would provide reasonable standards and regulations for unlicensed Community Care Facilities and Sober Living Homes. The proposed regulations and standards would ensure a quality living environment for the residents of such facilities while preserving the residential characteristics of surrounding neighborhood in which such facilities are located. In addition, the proposed amendment furthers the purpose of the FEHA, FHAA and the Lanterman Act by allowing these facilities to be located in residential neighborhood, providing the disabled with the opportunity to enjoy a dwelling in a manner similar to that enjoyed by the non- disabled . When operated responsibly, unlicensed commu nity care facilities and sober living homes provide a societal benefit by providing the disabled the opportunity to live in residential neighborhood, as well as providing support for individuals attempting to overcome their drug and alcohol addictions. As such, staff recommends that the Planning Commission, by motion, recommend approval of the proposed Zoning Code Amendment to the City Council. Prepared by, Submitted by, Joanne Hwang, AICP Susan Kim, AICP, LEED ND Senior Planner Principal Planner Attachments: 1. Draft City Council Ordinance 2. Draft City Council Ordinance - Redline 3. Map of Existing Community Care Facilities 4. Summary of Proposed Changes to Types of Uses and Definitions 5. Summary of Proposed Regulatory Permit Processes 6. Draft Regulatory Permit Applications 7. Summary of Proposed Operational Standards 8. OCRC Letter 2400 Marconi Ave. T (916) 338-9460 ccapp.us Sacramento, CA 95821 F (916) 338-9468 July 6, 2020 The Honorable Michelle Lieberman Chairperson Anaheim Planning Commission 319 North Harbor Blvd. Anaheim 92805 Re: Urgent request to delay hearing for ZONING CODE AMENDMENT NO. 2020-00170 Dear Chairperson Lieberman: On behalf of the California Consortium of Addiction Programs and Professionals (CCAPP) - the largest statewide consortium of community-based for profit and nonprofit recovery residences - we respectfully request the Commission postpone its hearing concerning Zoning Code Amendment 2020- 00170, scheduled for tonight. CCAPP met with city representatives concerning this ordinance and provided written suggestions for its construction. However, our organization was not afforded the professional courtesy of viewing the draft ordinance until it was made public Thursday, July 2 (on the eve of a three-day national holiday). In order for CCAPP to contribute meaningful public comment and to respond to the significant, erroneous comments made in the staff report, a delay in the hearing on this item until the commission’s next regularly scheduled meeting is necessary. As far as we are aware, there is no urgency to this issue that warrants a hearing where stakeholders are not allowed sufficient opportunity to respond. Our preliminary review of the proposed ordinance leads us to the conclusion that it’s in direct conflict with state and federal law. As far back as 2008, the Ninth Circuit Court of Appeals, in Pacific Shores et. al. v. City of Newport Beach, affirmed this fact in finding that the City of Newport Beach had intentionally and unlawfully targeted recovery residences in an ordinance it passed in 2008. The proposed ordinance on this evening’s agenda includes many of the same elements included in the Newport Beach ordinance held to be unconstitutional. Should a hearing be conducted on the draft ordinance, CCAPP respectfully requests that the hearing be “informational only” and remain with the Planning Commission to provide additional time for stakeholder input and participations. We appreciate your consideration of our request. Sincerely, Pete Nielsen Chief Executive Officer ATTACHMENT NO. 4 From:Tamara Jimenez To:Planning Commission Subject:Item 4 Date:Monday, July 6, 2020 10:43:03 AM Importance:High Please postpone item 4 until the end of August. From: Tamara Jimenez Sent: Sunday, July 5, 2020 8:06 PM To: Sandra Sagert <ssagert@anaheim.net> Cc: Ted White <TedWhite@anaheim.net>; Leonie Mulvihill <lmulvihill@anaheim.net> Subject: RE: Proposed zoning Sober Living Importance: High Good evening, We really need additional time to go through this through staff report. We appreciate all the time and effort staff has put into this. Due to the report coming out over the holiday weekend there was just no way to get input from our members. We have a meeting this week where we will be able to review and discuss it further. We would really hope you could pull this from tomorrow’s agenda to give us time to do so. That way we have a chance to get valuable and helpful feedback from all stakeholders. We would rather work together now than have it pushed over to council immediately. We believe we can work together with you to create the best version possible that will easily pass council and make everyone happy, residents, businesses, council, and the recovery community. Please help give everyone that chance. Thank you! From: Tamara Jimenez Sent: Thursday, July 2, 2020 10:59 PM To: Sandra Sagert <ssagert@anaheim.net> Cc: Ted White <TedWhite@anaheim.net>; Leonie Mulvihill <lmulvihill@anaheim.net> Subject: Proposed zoning Sober Living Hi Sandra, Was looking for direction on how to request additional time to review the 217 page document on this item. Due to the complexity of the issue and the document itself, we definitely need more than just a weekend to review. How can we request an extension from planning department before this is submitted to commission? Have a great day, Tamara Jimenez Community Relations Manager Lighthouse 714-337-7851 CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. ATTACHMENT NO. 5 Comments on Attachment 2 of Ordinance No. City of Anaheim 1. The seventh “WHEREAS” contains reference to the Department of Alcohol and Drug Programs (“ADP”). ADP no longer exists for several years. They were replaced with the Department of Health Care Services (“DHCS”); 2. The nineth “WHEREAS” has a typo on line four “andnon-state”. Separate “and” and “non”; 3. The thirteenth “WHEREAS” states Anaheim has 205 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities providing 205 beds. The City of Anaheim is the largest city in Orange County by population with 347,000 residents. The 205 beds represent .059% of the total population, which is miniscule; 4. The sixteenth “WHEREAS” says, “overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods…” This is a clearly false assumption inasmuch as they represent on .059% of the total population of the City of Anaheim; 5. The twentieth “WHEREAS” cites a 1997 study by the American Planning Association to support the proposition that “limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery…” This is a study that is 23 years old. It is NOT prepared by a “clinically qualified” organization that has studied addiction treatment for the last 23 years where significant strides have been made in the treatment field. At least cite a clinically qualified study. This looks like a boot strap argument to anyone in the addiction field. If there is a study regarding the number of addicts living in a home, it could be cited, but it is highly doubtful; 6. The twenty-first “WHEREAS” argues that sober living homes do NOT “provide the disabled with an opportunity to ‘live in normal residential surroundings’ but rather places them into living environments bearing more in common with the types of institutional, campus, and/or dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding…” Sober living homes were never intended to do that. They are intended to be a temporary intermediary step between institutions and home. This is consistent with every clinical study and several national institutions who proscribe a “continuity of care” curriculum for recovery, such as, ASAM, SAMHAS and the Department of Mental Health. This “WHEREAS” misses the point completely as written; 7. The twenty-second “WHEREAS” points out some non-essential and irrelevant distinctions between a sober living environment and a single residential housing unit. The first one (1) is not true. Recovering addicts generally have more significant ties than a family. Their ties are life threatening and of utmost importance. A normal household has ties that are not “chosen”. The second (2) one is not correct either. The “head” of the “family” makes that decision, just as the head of the family makes that decision in a 2 H:\REPORTS\Planning Commission\2005_2020 PC Meetings\2020 PC Meetings\08-03-2020_PC Meeting\Item No. 3 DEV2020-00002 (Community Care Facilities ZCA) jsh\New Correspondence\New Correspondence_Tamara Jimenez_Ordinance Comments.docx normal household. It is really a hair-splitting distinction. The same with the third (3) one. There is no “sharing” of costs between the parents and the children. The parents pay for everything. Additionally, what significance is that? Number (5) is not true either. First, most all sober living homes operate in a similar fashion as a normal household. There are rules to follow. When broken, they are afforded additional chances to comply. Only when a member fails to comply in a repeated manner they are asked to leave, unless it is a cardinal transgression. This is similar to a normal household. That is why there are so many juveniles in juvenile halls in Orange County; 8. The twenty-third “WHEREAS” is really incorrect. ALL neighborhoods have parking problems when teenagers drive. Many households have 5 or 6 cars, depending on how many teenagers live there; 9. The twenty-fourth “WHEREAS” is not correct. The City of Newport Beach, for instance, has such a parking problem on the peninsula and in Newport Heights, that ALL those areas have parking restriction and a sticker system. They have extended the parking restriction into the Dover Shores area. This is ONE city in Orange County. It has zero to do with sober living homes. It has everything to do with tourists and teenagers, especially in Newport Heights by the high school. Parking problems in cities cannot be blamed on sober lving homes. This is especially true in Anaheim, where 205 beds represent only .059% of the total population; 10. The tewenty-fifth “WHEREAS” is misleading. The distance requirements of the “State Law” applies ONLY to mental health facilities. Again, at .059% of the total population, there can be no valid argument related to “overconcentration” in Anaheim; 11. The twenty-sixth “WHEREAS” again is based on the fiction that there “may” be an overconcentration of sober living homes in the City of Anaheim. Again, the City of Anaheim is the largest city in Orange County. .059% sober living beds to population ratio is infinitesimal. You cannot make a serious argument that this number represents a threat of overconcentration in Anaheim. Therefore, there is no need, nor any basis, for this legislation and the distancing requirements; 12. The twenty-seventy “WHEREAS” makes little sense at all. The recovering addict DOES get preferential treatment to assist in their recovery. Both the State and Federal government believe this is a socially beneficial situation and that is why they formulated the State and Federal Fair Housing and Employment Acts and the Cal. Health and Safety Code, sections 11830, et. seq.; 13. The twenty-eighth “WHEREAS” states reasons for this legislation, which are really unnecessary. There are existing nuisance laws and other personal protection laws that can be used to assure facilities are not operated in a way that constitutes a nuisance; as stated above, there cannot be a valid argument regarding “overconcentration” of neighborhoods; and, the City of Anaheim can provide sober living homes community housing resource information in person or on its website. 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.