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PC 70-17E RESOLUTIO:J ;dU. PC70-1' ~ ~ A RESOLUTION OF THF ANAHEI~A CITY PLANtJING COIdd~4IS5I0b1 RECAMN~ENDI;:G TO THE CITY COUI~CIL OF THE CITY OF ANAHEIM AME;~1,;E`l'[ '!'p TITLE 1~+ CHAPTEFL~ 1B.37~ C-R, COA11dERCIAL RECREpTIO:J, ZG`JE; 16,"8 ~ C-0, COMI~IERCIAL Or'FICE, ZONL-; 18.39, C-ii, COKN[RCIF.L HILLSIDE~ ZONE: 18.4U, G1, GEPILRAL CO~d~;,!~kC1AL, ZONE: 18.44, C-?_, GEI~L-RAL CONJ~IERCIAL ZO'J~; ~ - AND 1II.48, C-3, HEP.VY CCA1h1ERC1AL, ZO;dc, IIY 6TABiISHIP7G A!dY BL6INFSS ACTl'JITY LIhSITL-D .,..:~ TC PERSOPdS 21 YE-APS OF AuE OR OLDFR -Y ~ ~ CONDITICIJAL l1SE PFRN~IT 7i~EkL-TO `~ 6"J11[REFS, because of the establishmen~: of many undesirable tyncs of "adult" ;I bus:nesses in tiie City ef Anaheim, considerable concern has been exrr~_ssed 'uy ;.:an~, citizens and public efficials; and 1 i j 'r~H~R~/aS~ in an e:iost to give the Planning Cor~r~ission and City Council r..o:e ti~ _ ~ control over the establishment ard location of this tyne of business, the City ~ ~ Attorney's office and the Development Services Department have fo:mulated arr,end- ~. i ments *o the rornmercial zones; and ~ j Y~1IEREAS, the City Planning Corr;mission did hold a;.ubl ic hea: ino at the Ci ty ~ Hall in the City of Anaheim on February 9, 1970, at 2:00 0'clocE: P,bi„ notice of said ;i I public F~earing havir,~ been duty given as required by law and in accordance with th~ provisions c* the Anaheim h1unicipal Code, Chapter 18.76, to hear and co^;ider evidence ; f~- and against said proposed Code Arr:endments and to investigate and c~,r:e findinos J and recommendations ir~ connection ther::with; and 1 ' i V1HER[AS, said Commission, after due inspection, investigation, and stuoy r.,ade ' ~ by i*self and in its behalf, and after due consideration of al] evioence and ;enorts i .~ off'ered at sai^ hearing, does find and determine the followinq facts: ~ 1. That approval of a conditional use nermit would be required, whict, ,vouid I provide the Planning Comrnission and City Council an opportunity to ieview any proposed "adult" business to determine its appropriateness at the ~~ _ proposed location. ~ 2. That the adoption of the aforementioned Code amendments would afiect ~ those establishments v~here the Alcoholic Beverage Control Loard regulations ~ preclude persons under 21 years of age, wherein a cor,ditional use permit *; would be required for both the actual on-sale of alcoholic beveraqes and ~ also for its sale to those over the 21 year old age l:mitation, as ~•~e]~ 'J ' as other "adult" businesses not requlated b; the A.i3.C. ~~j ~ ~ _ ~ ~.: - ~~ ~ 1 i• ' • E'. ~ E ' ,_ " ~~~ EXHIBIT "A" ~~ .s ORDINAIvCE N0. AN ORDINANCE OF THE CITY OF ANAHEIM AMEp7DING TITLE 18, CHAFTERS 18.37, 18.38, 18.39, 18.40, 18.44 ANU 18.48 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ~~1 ~: ~ ~ I ~a s~ . €, ' ; i ~.. P:. ~_ ~ t; I ~'' fz f s i ! '1 ~:~ ~ I a I I. i fS: ~ ~~.~ . ~ r. ~ t ;i ;:j i;} : ;I ~ w^.1 - a j ::, ..~ THE CITY COUNCIL OF THE CITY OF ANAH~IM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18, Chapter 18.37, Section 18.37.020 of. the Anaheim Municipal Code be amended by adding to the first paragraph thereof immediately following the first colon (:), the following: , "SECTION 18.37.020 PERMITTED USES. ", and no use shall be permitted ~aherein a business activity is limited to persons 21 years of aae or older:" SECTION 2. That Title 18, Chapter 18.37, Section 18.37.020, Subsection C of the Anaheim Municipal Code be, and the same is hereby amended, by adding thereto Paragraph 14, reading as follows: "SECTION 18.37.0'l0 PERMITTED USES. "14. Any business activity that is limited to persons 21 years of age or older." SECTION 3. That Title 18, Chapter 18.38, Section 18.38.030 of the Analxeim Municipal Code be amended by adding to the first para- graph thereof immediately folluwing the first colon (;), the following: "SECTION 18.38.03Q OFFICE RELATED USES. ", except those uses wherein the business activity is li.mited to persons 21 years of age or older:" SECTION 4. That Title 18, Chapter 18.39, Section 18.39.020 of the Anaheim Muniaipal Code be amended by deleting the iast sentence of the first paragraph thereof and substituting the following: "SECTION 18.33.020 PERMITTED USES. "Uses shall be limited to the following types provided (1) t!~at business activities shall be conducted between the hc~.~rs of 6:30 a.m. and midnight only, and (2) no business activity s:~all be limited to persons 21 years of age or older." -~- '~n.~ ~o:i.. . . . . . '...1+.'1j J C Y SECTION 5. That Title lE, Chapter 18.40, Section 18.40.020 of the Anaheim Municipal Code be amen~led by adding to the first para- graph thereof immedi.ately following the colon S:), the follow- inq: "SEC~'IQN 18.AU.020 PERMITTED USES. "except those uses wherein the business activity is limited to persons 21 years of age cr older:" BECTION 6. That iitle 18, Chapter 18.40, Section I8.40.060 of the Anaheim Municipal Code be, and the same is hereby amended, bp adding thereto Subsectioa (k), reading as follows: "SECTION 18.40.060 CONDITIONAL USES. "(k) Any business activity that is limited to persons 21 years of age or older." SECTION 7. That Title 18, Chapter 18.44, Section 18.44.010 r~f the Anaheim Municipal Code be, and the s:~e is hereby amended, to read as follows: "SECTION 18.44.010 PEP,MITTED USE. "Retail Stores or Service Businesses not involving ware- housing or storage except accessory storage of commodities sold at retail on the premises, not any kind of manufactur- ing, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and that not more than five persons are employed in tne manufacture, pro::essing or treatment of products and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibrations or other similax c~~s~s, except those uses wherein the business acti~Rity is Zimited to persons 21 years of age or older. "A. Primary Uses. t, . ~'~ ~ ~:l ':~ ;'ax (1) Any use permitted in the C-1 Zone (2) Antique Stores (3) Bird or Pet Shops (4) Blueprinting and Photostating (5) Enclosed restaur~~ts with or without cocktail lounges {o) Conservatory of Music (7) Bepartment Store (8) rire and nolice Station (9) Interior Decorating Store (10) Lapidary, e;:c. (11) Fadio and Television Stores (with P.epair Service) (]2) Studios (except Motion Picture) (13) Telephone Exchange (14) Television Broadcasting Studio (15) Nizrseries. -2- _.. „ ~ .> _ `t "B. Conditional Uses. The follo~ving uses may be permitted by conditional use permit subject to the site development standards of this zone and the conditions and required showings of Chapter 18.64 (Conditional Uses). (1) Any business activity that is limited to persons 21 years of age or older. (2) Bars, Cocktail ~ounges. "C. Exception. Where prooerty classified for 'C-2' uses has a depth of one hundred and twenty~ feet or less, as measured at right angles from the street frontage indicated as business frontage, additional adjoining property may be used for 'C' p~irposes when such adjoining pro~erty fronts upon the side street, and the side of such adjoining property abuts upon the property classified for 'C-2' Dur- poses. The additional property s~ used shall be a part of and an extension of the particular use occupying the corner pro~erty, but such additional property and the nroperty classified for 'C-2' purposes shall aggregate a depth of not crreater than one hundred and sixty feet as measured at right angles fram tne frontage indicated as busi- ness £rontage. SECTION 8. That Title 18, Chapi:er 18.48, Section 18.48.010 of the Anahei.m Municipal Code be amended by deleting subnaragrat~hs (1) and (2) thereof, and substituting the following: "SECTION 18.Y8.010 USE. "A. Permitted Uses. (1) Any use permi,tted in the 'C-2' Zone exce~t there snall be no residential uses. ~ ~;2) Every use permitted in a'C-3' Zone shall be subject to the fo2lowing conditions and limitations:" SECTION 9. That Title 18, Chapter 18.48, Section 18.48.010, Sub- paragraph (2), of the Anaheim Municipal Code be, and the same is hereby amended, by adding thereto Subsection (e), reading as fo?lows: "SECTION 16.48.010 USE. "(e) No uses shall be permitted wherein the business activity is li.mited to persons 21 years of age or older." SECTION 10. I ' ~ * • „[~r That Title 18, Chapter 18.48, Section 18.48.010 of the Anaheim Municipal Code be, and the same is hereby amended, by adding, following Subparagraph (32), the following: -3- ~ . .~ ,, Y~ ;~ ~;s ~ ;~ x 11 ~ "SECTION 18.48.010 USE. "B. Conditional Uses. The following uses may be permitted by conditional use permit subject to the site development s~andards of this zane and the conditions and required show- ings of Chapter 18.64 (Conditional Uses). (1) Any business activity that is limited to persons 21 years of age or older. (2) Bars, Cocktail Lounges." SECTION 11. Pursuant to the provisions of Section 65858 of the Government Code of the State of California and the City Charter of the City of Anaheim, the City Council does hereby adopt this Ordinance as an urgency measure to be effective immediately upon passage to protect the public health, safety and welfare as an Pnterim Ordinance prohibiting the uses hereinbefore stated because they are in conflict with a contemplated zoning proposal whicn the City Council has under consideration. This Interim Ordinance shall be effective for 90 days un2ess extended by the City Council but in no event shall it exceed one year as provided by Section 65858 of the Government Code cf the State of California. THE FOREGOING ORDINANCE is approved and signed by me this day of , 1970. YOR OF THE CITY OF ANAHEIM ,:~ i ATTEST: C T LERK T C TY OF ANAHE M -4- FAL/ms-2-10-70 ~ ,. ~ . . .. . . . . . . . . , . . . . ~. .. ~ ~r ~ V i.: i:: NOW, THERL-FORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend to tl~e City Council the adoption of amendments to Title 18, Chapters 18.37, 18.38, 18.39, 18.40, 18.44, and 18,48 as depicted on Exhibit "A" attached hereto and referred to herein as though set forth in ~vll, which would establish "adult" buesinesses limited to persons 21 years of age or olde^ by Conditior,al Use Perrtiit only. 3 \ THE FOREGOING RESOLUTION is signed and approved by^r~e this 19th d y of February, 1970. ~ 1 EIM CITY PLHNNING COMMISSION ATTES T: </~-- J~-:'~/~2~ l~i SECRETARY ANAHEIM CiTY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do ;, hereby certify that the foregoing resolution was passed and adopted at a meeting of the ;i City Planning Commission of the City of Anaheim, held on February 9, 1970, at 2:00 0'cloc~ P~M,, by the following vote of the members thereof: AYES: COMMISSIONERS: Camp, Farano, Gauer, Herbst, Thom, Rowland. NOES: COMMISSIONERS: None. Affi ENT: COMMISSIONERS: Allred. }, ; IN WITNESS WHEREOF, I have hereunto set my hand this 191:h day of February, 1970~ { ~ _ ~1~-, i~ ~ _ 5 ECRETARY ANAHE CITY PLANNING CGMMISSIOfJ ,! f V_ ~~~ ~ ~~ Res. No. 17 Ii ' ' ~~ _ ,~ ~ I '1...x ~ ~