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PC 1960-1961-97.. ~ ~. ~ . ~ - r~ _ ~ ~~ ~ ~ ~~ ~. .. ~ ~ RESOLUTION N0. 97, SERIES 1960-61 A RBSOLUTION OF THE CITY PIANNING COMAfISSION OF THB CITY OF ANAfiEIM RECOMMENDING TO THH CITY COUNCIL THE AMfiNDMENT OF TITLE EIGHTHEN, CHAPTER 18.64, ZONING CODB - CONDITIONAL USBS, OP THH ANAHfiIM MUNICIPAL CODH. WHHRHAS, said Amendment adds in said Chapter any uses not specifically ~rovided for or authorized in any other zone or zones, and to establish procedure for authoriza- tion of such uses; AND, WHBRHAS, the City Planning Commission deems necessary that the Zoning Code be amended to provide for the proper location of various types of land use and to establish procedures by which certain types of land use shall be permitted; AND, WHHREAS, The City Attorney's office and the Planning Director have prepared and submitted to the City Planning Commission said Amendment and the procedure for es- tablishment, authorization, and regulation of such uses; AND, WIiIiREAS, the City Planning Commission did initiate and conduct public hearings on September 19, 1960 and October 3, 1960, and did adopt said Amendment at a 5pecial Meeting on October 7, 1960; N041f, THEFtHFORB, BE IT RHSOLVED THAT 1HH CITY PLANNING COMMISSION DOES RECQ.fMEND TO THE CITY COUNCIL OF THH CITY OF ANAHEIM THE ADOPTION OF THB AMfiNDMENT OF TITLH BIGHTHBN, CI3APTBR 18.64 ZONING CODB - CONDITIONAL USES, OP THE ANAHEIM MUNICIPAL CODS, atfiached hereto and marked exhibit "A" and referred to herein as though set forth in full. THH FORHGOING RESOLUTION is signed and approved by me this 7th day of October, 1960. ~o.~,~„~ ~° Q~~, CHAIRM~N ANAHBIM CITY PIANNING C N ~ ~ I ~ { ~,r ~ ~' .. ...: I _~-..I a i ATTSST: SBCRHTARY AN EIM I Y PIA ING COMMISSION~- STATH OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHHIM ) I, RICHARD RE9SE, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing RHSOLUTION N0, 97, SSRIHS 1960-61, was passed and adopted by a motion duly made, seconded and carried at a Special Meeting of the City Planning Commission held on the 7th day of October, 1960. IN WITNESS WHEREOP, I have hereunto set my hand this 7th day of October, 1960. ~~.1-~ SECRI3TARY ANAIiEIM CITY PLANNING COMMISSION . ~ ' ' `~ ;~= a ~'.,~ . ~ ,~ ~ :f >,~, Sections: , ~ . , . _ . _ . . _ .. . : , . . ..<. ,. , . ..,~, _:.,::'~' ;-: - .~' -* i~ '„yz` Chapter 18.64 ZONING CODE-CONDBTIONAL USES 18.64.010 Description ar.d purpose 18.64.020 Use 18.64.030 Required showings 1$.64.040 Time limit 18.64.050 Termination 18.64.060 Procedure 18.64.070 Area-Height-Yards-Parking-Walis-Signs 18.64.010 Description and purpose. (1) The principal objectives of this Zoning Code are to provide for the proper location of various types of land use, and to classify types of land use in homogeneous zones in which such uses shail be permitted. It is recognized, however, that certaln types of land use require special considera- tdon prior to their being permitted in a particular zone. Such special consideration involves, among other things, 1) the s'ize of the area required for the full develop- ment of such uses, 2) the nature of the traffic problems incidental to their ope~•ation, and 3) the effect which such uses may have on adjoining land uses and on the growth and development of the community as a whole. ~fhis Code, therefore, provides that certa(n uses may be permitted unless expressly prohibited, subject to the securing of a Conditional Use Permit, as herein prov?ded, (2) The Planning Commission, as an admt~tst!-ative act, may grant a ~onditional Use Permit for any use herinfor prov3ded, if conditSons set f~rth in Section 18.64.030 are satisfied. In granting any such Conditional Use Permit the Planning Cortmission may establish such conditions as it may determir.e to be necessary to safeguard and protect the public health, safety, and gene~al welfare, and to insure the development of the use in accordance with approved plans. 18.64.020 Use. (1) The following uses may be permitted in any zone, subJect to Conditional Use Permit, provided that no Condittonal Use Permit shall be required in any zone in which such use is specifically and uncondittonally permitted: (a) Boarding and lodging houses. (b) Chlld nurseries, with 6 or more children. (c) Churches. (d) Golf courses. (e) Planned unit housing or group housing developments whSch comply with the land use proposals and population densities as set forth on the Comprehensive General Plan. (f) Private educational Instituttons. (g) Private lodges, clubs, fraternities, and sororities. (2) The fotlowing uses may be permitted im "R-A", "R-3", "C" and "M" aones, subject to Conditional Use Permit, provided that no Condittonal Use Permit shall be required in any zone in which such use Is specifically and unconditionally permitted: (a) Cemeteries, with or without the inclusion of columbariums, crematories, and mausoleums. (b) Hosoitals, convalescent homes, rest homes,.and sanitarlums, except instttu- tions for the treatment of inentally I11 and animal hospitals. (c) Hotels, motels, and mator inns. , . , ; ~ • ~ I ~ ; _ , '~. , _ . . , -. _ ..~. .~~. ~_.. .L ~--- ,,:. Chapter 18.64 ZONING CODE-CONDITIONAL USES (Continued) '' (3) The fo]lowing uses may be permitted ~n "R-A", "C" and "M" zones; subject to Condltio nal Use Permit, provided Y.hat r.o Conditional Use Perm9t shall be required in any zone in whlch such use is specifically and unconditionally permitted: (a) Airports and alrcraft landing fields. (b) Ambulances and ambulance services. (c) Ar,imal hospitals and kenr.els. (d) Automobile sales agencies and lo!:s. (e) Automobile service stations. (f) Billboards. (g) Gar washes. ~ F (h) Lolumbariums, crema[ories, and mausoleums. ~ ~ (i) Equestrian establ3shmen!s. (j) Establ~shmen;:s or e~terpr3ses ~r.volving larqe assemblages of people or auto- ~- mob'iles Encluding b~t not ]imE!.ed to ±he followtng: ~ . ('~ ) AR~~sement parks. r --'--~. ~ .. ~! ;• (Ei) Ci!-cuses, carndvals, rodeos, or fairgrounds, except temporary actevities ~' whlch are governed by the regulations of Chapter 3.32 of the Mu~6cipal C : ~ ± Code. C j ;; i j (B"s~) Drsve°i:~ or walk.~°up restaurants. i (iv) ~abor camps. (v) Oper. air theat~es. (v!) Prsvatelv operated parks and recreattonal facilities. (v:ij Race tracks. (k) Institutions for treatment of alcoholics. (t) Jail farms or honor farms used for the rehabilitation of prisoners. , i ` (m) Mental hospttals. i ; (n) . Mortuaries. I ~ (o) Paw- shops. I (p) Plar.ned unit shopping cer.ters which comply with the land use proposals as ` set forth on the Comprehensive General Plar.. "' (q) Post offices. ~ : ' (r) Public utilities or utilities operated by mutual agencies consisting of '~ (, .. a electrical substations, gas or conversion plants with the necessary uuild- ... .... ~ ~ ings, apparatus or appurtenances incident thereto, but not including dis- ---~--, tribut6on mains cr electr~c or telephone wires or cables or City owned public utili:~es. (s; Radio or televtsion transmytters. (t) Trailer parks. I (u) T!-ansportation terminals. - 2 - ~ . ' _ _ , . . , __ .r~= ... ~ ~, .,> ~ .~,, Chapter 18.64, ZQNING CODE-CONDITIONAL USES (Continued) (4) The following uses may be permitted in an "M" zone, subject to Conditional i Use Permit, provided that no Conditional Use Permit shal) be required in any zone.in which such usa is speciflcally and unconditionally permitted: (a) Borrow pits to a depth of over three (3} feet. . ' (b) Development of naturat resources,.except as provided for in Title 17 of the Municipal Code, together with the necessary buildings, apparatus or appur- tenances thereto. (c) Dumps. (d) Explosives, storage of. (e) Refuse, disposal or.transfer of. (f) Sewage treatment plar.ts. (5) Where a use is not.authorized or where ambiguity exists concerning the appropriate classification or procedure for the establishment of a particular use or type of development within tt~e meaning and intent of this Code, said use or type of development may be established by Conditional Use Permit until such time as this Code is amer~ded,,in accordance with Section 18.72, designating the proper zone or procedure by which sa~d use or type of development shall thereafter be established. . ~---- ~ i . i ; 18.64.030 Required showings. (1) The applicant shall set forth in detail on forms provided by the Planning Commission the reasons for the requested Condttional ~ Use Permit, all pertinent information requested by the Planning Commission, and the ~ showings required in this section. !~ (2) All Conditional Use Pzrmits may be granted by the City Council or Planning ~ Commission after required public hearings. Before the City Council or Planning Commission may grant any request for a Conditional Use Permit, it must make a find- . ing of fact by resolutian that the evidence presented shows that.all of the follow- ing conditions exist: (a) That the proposed use is properly one for which a Condition,~l Use Permit is authorized by this Code. (b) That the proposed use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the Comprehensive General Plan, and is compatible and complementary to exist- ing or permitted uses in the same neighborhood. (c) That the site fur the proposed use is adequate in size and shape to accomo- !, date proposed use and that adequate provision has been made fcr all of the I yards, set backs, walls, landscaping,and other features required in order j to harmonize the proposed use to those existing or permitted uses in the I same neighborhood. (d) That the site for the proposed use properly relates to streets and highways designed and improved to carry the type and quantity of traffic which will be generated in the area. . T~__I' 18.64.040 Time limit. (1) Every Conditional Use Permit issued after the effec- . tive date of this.Code shall become null and void unless: ; (a) The applicant shatl, within sixty (60) days from the issuance of such permit, s file with the City Clerk his written ecceptance or agreement to the terms and conditions, if any,.imposed by such permit; or _3_ :;; ~ ;t ~ _ i' :.pu~m~~~ - ' `I . pu~ i r ::... ..... ..... ..._,. .... .. . , .. i.... . .. . ... . . . .. . . ~,. ~~..._. . ._:....,.. .. ,.~, ~ ...>:~,., , .: . . ... .., _.. a,,,L, ._._,.:.. _ . r. . ~ ,~, 49' -~ii:.: ~-~ ~r, :~' . ~Chapter 18.64, ZONING CODE-CONDITIONAL USES (Continued) (b) The use authorized by such permit shall be commenced, or construction nec- essary and incident thereto shall be begun on or before the time limit specified in .such permit.and thereafter dlligently advanced, or if no time is specified, on or before one hundred eighty (180) days after the date such permit was approved. (2) In all cases the City.Council, for good cause shown, may extend such time limit, either before or after Its expiration, in which case the permit shall be re- vived for the time specified. 18.64,050 Termination. (1) A Conditional Use Permit, whether granted before or after the effective date of this Code, shall remain in full force and effect in accordance with the terms thereof, unless modified or revoked by the City.Council, after a public hearing, on one or more of the following grounds: (a) That the approval was obtained by fraud. • (b) That the use-for which such approval is granted is not being exercised within the time specified in such permit. (c) That the use for which s~ch approval was granted has ceased to exist or has been suspended for one year or more. (d) That the permit granted is being, or recentiy has been exercised contrary to the terms or conditions of such approval, or in violatton of any statute, ordinance, law or regulation. (e) That the use for wh.ich the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. 18.64.060 Procedure. (1) On hearings before the City Council and the Planning Commission, the provlsions of Section 18.68.020 shall apply. , 18.64.070 Area-Height-Yards-Parking-Walls-Signs. (l~ The provisions ror lot area and dimensions, height, yards, off-street parking, wal)s, and signs applicable to the particular zone in which.any such use is proposed to be located shall prevail, unless by resolution specific exceptions are made with respect thereto. -4- „