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PC 2021/10/25.pdf City of Anaheim Planning Commission Agenda Monday, October 25, 2021 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Natalie Meeks • Chairperson Pro-Tempore: Dave Vadodaria • Commissioners: Kimberly Keys, LuisAndres Perez, Steve White Lucille Kring • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Appreciation Plaque presented to Commissioner Mulleady • Public Comments • Workshops: The Anaheim Resort Mobility Toolbox (Postponed to an Uncertain Date) Tandem Parking Best Practices • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, October 21, 2021, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net October 25, 2021 Page 2 of 4 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. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. Workshop’s: The Anaheim Resort Mobility Toolbox (Postponed to an Uncertain Date) Tandem Parking Best Practices October 25, 2021 Page 3 of 4 Public Hearing Items ITEM NO. 2 ZONING CODE AMENDMENT NO. 2021-00179, ADJUSTMENT NO. 3 TO THE EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SPN90-2C) CODE STREAMLINING AND IMPROVEMENT PROGRAM: (DEV2021-00138) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (Code) modifying Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special-Purpose Zones); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions); 18.110 (East Center Street Development Specific Plan (SP 90-2) Zoning and Development Standards). The proposed amendments and specific plan adjustments are to provide clarity; create consistency of terms, definitions and processing; streamline approval processes; and, amend development standards to reflect current market trends. 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 15061(b)(3). This item was continued from the September 27, 2021 Planning Commission Meeting. Motion Project Planner: Christine Nguyen CNguyen2@anaheim.net Adjourn to Monday, November 8, 2021 at 5:00 p.m. October 25, 2021 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5 p.m. October 21, 2021 (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 8:00 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 8:00 de la mañana un día hábil antes de la reunión programada. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: OCTOBER 25, 2021 SUBJECT: ZONING CODE AMENDMENT NO. 2021-00179, ADJUSTMENT NO. 3 TO THE EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SPN90-2C), (DEV2021-00138) CODE STREAMLINING AND IMPROVEMENT PROGRAM LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend various chapters of Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide clarity, create consistency of terms and definitions, streamline approval processes and amend Code requirements to reflect current market trends. The proposed Zoning Code Amendment (ZCA) includes adjustments to the East Center Street Development Specific Plan. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed actions are not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines; and, recommend City Council approval of ZCA2021-00179, including Adjustment No. 3 to the East Center Street Development Specific Plan No. 90-2 (SPN90-2C). BACKGROUND: On September 27, 2021, the Planning Commission held a public hearing to consider several Zoning Code amendments as a part of the City’s Code Streamlining and Improvement Program. Similar to previous amendments, this request includes modifications to permitted land uses, development standards, procedures, and definitions contained in the Zoning Code. Attachment 1 to this staff report shows the redlined changes to the Zoning Code; Attachment 2 provides a description of each amendment and an analysis of why staff believes that the Planning Commission should recommend that the City Council approve the amendment. At the September 27 Planning Commission meeting, staff provided a presentation on this year’s proposed amendments and received input from the Planning Commission. After staff’s presentation, the Planning Commission had questions regarding the proposed amendment which would allow outdoor dining within outdoor parking spaces. Staff requested that the Planning Commission continue the item to the October 25, 2021, Planning Commission meeting in order to allow staff additional time to review and edit the amendment in accordance with the Planning Commission’s input. Staff has included the September 27, 2021, staff report as Attachment 3 to this staff report. PROPOSAL AND ANALYSIS: The table below describes additional changes that staff is recommending to the Draft Ordinance that staff previously presented to Planning Commission. Staff believes the revisions to the proposed Outdoor Dining Parking Permit section of the Draft Ordinance will allow for a high quality of design and maintenance, as well as limit parking issues. In addition, following the September 27 Planning Commission Meeting, staff identified additional amendments that staff would like to add to the Code Streamlining and Improvement Program this year, related to: • Stealth Ground-Mounted Telecommunications in Public and Special-Purpose Zones • Retaining Wall Landscaping Requirements • Fences and Walls for Sound Attenuation • Appeal Provisions for Planning Director Decisions related to Shared Parking Permits Staff has added these amendments to Attachment 1 (Draft Redline Ordinance). Proposed Additional Changes to the Draft Ordinance Ordinance Section(s) Subject Description 18, 30, 37 Outdoor Dining Requirements The previously proposed amendment would: • Allow the conversion of up to three parking spaces to outdoor dining space • Update the definition of, “outdoor dining”, in order to provide clarity on the use • Remove the requirement for the outdoor dining to be accessible directly from the restaurant, if the use does not include the sale of alcohol • Require the restaurant to enclose the outdoor dining area with permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas. Staff has incorporated the following changes in response to the questions posed by the Planning Commission: • The conversion of parking spaces to outdoor dining spaces would be limited to restaurants within Commercial Retail Centers – Large; • The amendment creates an Outdoor Dining Parking Permit that outlines requirements regarding health, safety and design. • The Outdoor Dining Parking Permit would require the dining area to be: o Compatible with the design of the restaurant building in a manner that is safe, provides proper access and is fully visible from the restaurant o Designed in a manner which does not interfere with the flow of pedestrian or other traffic o Maintained in a good state of repair and in a safe, sanitary and attractive condition 9 Stealth Ground- Mounted Telecommunications in Public and Special-Purpose Zones This amendment provides regulatory relief by changing the permitting requirements for stealth ground- mounted telecommunications antennas in Public and Special- Purpose Zones. The amendment would change the permitting from a Conditional Use Permit to a Telecommunications Antenna Review Permit consistent with the permitting requirements in Commercial and Industrial Zones and FCC6409, which requires application determination from municipalities within 150 days. The amendment also clarifies that the Zoning Code prohibits non-stealth ground-mounted telecommunications antennas within the Public and Special Purpose Zones. The following zones are Public and Special Purpose Zones: • “OS” Open Space Zone • “PR” Public Recreational Zone • “SP” Semi Public Zone • “T” Transition Zone 33 Retaining Wall Landscaping Requirements This amendment provides clarity that the Zoning Code only requires crib walls and retaining walls that are visible to public rights-of-way, public trails, private streets or adjacent residential properties, to be constructed with landscaping and irrigation facilities. 32, 34 Fences and Walls for Sound Attenuation This amendment pertains to homeowners with single-family residences abutting either a major highway, scenic expressway, or primary arterial highway that have alley access with no driveway along the arterial street. This amendment reduces the required landscape setback area in the above locations, between fences and walls and the public right-of-way, from 10 feet to three feet; however, it also reduces the maximum permitted wall or fence height from eight feet to six feet. The proposed amendment would allow these homeowners to construct walls or fences up to six feet in height, outside of the three-foot setback area, subject to administrative review. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the CEQA Guidelines. Pursuant to this section, the proposed amendments and adjustments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, and amend Code requirements to reflect current market trends, the proposed adjustments and amendments will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA. CONCLUSION: Staff recommends approval of this request, for the reasons set forth in Attachment No. 2, which in summary are to provide staff, decision makers, and members of the public with clearer standards, procedures and definitions. Prepared by, Submitted by, Christine Nguyen Niki Wetzel, AICP Associate Planner Deputy Planning and Building Director Attachments: 1. Draft Redline Ordinance 2. Summary of Amendments 3. September 27, 2021 Staff Report 29 Appeal Provisions for Shared Parking Permits This amendment corrects a typographical error, which states the City Council has appeal authority over shared parking permit review. The amendment replaces that authority with the Planning Commission, which is consistent with current practice. 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE -FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.10 (INDUSTRIAL ZONES); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.40 (GENERAL DEVELOPMENT STANDARDS); 18.42 (PARKING AND LOADING); 18.46 (LANDSCAPING AND SCREENING); 18.62 (ADMINISTRATIVE REVIEWS); 18.92 (DEFINITIONS); 18.110 (EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN (SP 90-2) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) 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, SECTION 15061(B)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2021-00179) (ADJUSTMENT NO. 3 TO THE EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SP 90-2) (SPN90-2C)) (DEV2021-00138) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), because the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, and amend Code ATTACHMENT 1 2 requirements to reflect current market trends, the proposed amendments and adjustments will not have a significant effect on the environment; 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 Section 18.04.080 (Floor Area) 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: 18.04.080 FLOOR AREA .010 Floor Area. The minimum livable floor area per dwelling, exclusive of garage area, for single-family residential zones is shown in Table 4-G. Table 4-G MINIMUM FLOOR AREA: SINGLE-FAMILY RESIDENTIAL ZONES Zone Minimum Floor Area Residential Single-Family Hillside RH- 1 1,700 square feet RH- 2 1,700 square feet RH- 3 1,700 square feet Residential Single-Family RS-1 1,700 square feet RS-2 1,225 square feet RS-3 1,225 square feet RS-4 1,225 square feet, but may be modified pursuant to 18.04.160 .020 Detached Accessory Buildings and Structures. The maximum cumulative square footage of all enclosed accessory structures, as identified in Table 4-B (Accessory Uses and Structures: Single-Family Residential Zones) of this chapter, shall be limited to the minimum livable floor area of the main dwelling for the underlying zone, as identified in Table 4-G above, and shall not exceed the square footage of the main dwelling. Any detached garage spaces that are required by this Code shall not be counted towards this limitation. 3 SECTION 2. That Subsection .080 of Section 18.06.090 (Structural Setbacks) 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: .080 Allowable encroachments into the required setbacks in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code or other codes, as adopted by the City, shall not be permitted. Any encroachment, except as described in subsection .0802 below, shall not be permitted within required setbacks abutting single- family residences or streets. .0801 A patio cover or canopy may encroach into the required setbacks abutting interior property lines and setbacks between buildings, but not into the required interior landscape setbacks when located within an existing ground-floor private patio area. .0802 Cornices, eaves, belt courses, sills, buttresses and fireplaces may encroach into a required setback along an interior property line not more than four (4) inches for each one (1) foot of the width of the interior setback, and may encroach into a required street setback not more than thirty (30) inches. .0803 Fixed awnings may encroach into a required setback along an interior property line no more than three (3) feet. .0804 Open, unenclosed balconies may encroach into a required street setback not more than three (3) feet. .0805 Private patios for ground-floor residential units may encroach not more than eight (8) feet into required street setbacks and setbacks abutting interior property lines. Private patios for ground-floor residential units may encroach into required setbacks between buildings. .0806 Covered or uncovered porches or landings that do not extend above the level of the first floor of the building, and that include an open railing not more than thirty-six (36) inches in height, may encroach into any required setback not more than five (5) feet. .0807 Decorative guard railings for safety protection around hazardous areas may encroach into any required setback. .0808 The placement of outdoor recreational facilities may encroach into required setbacks between buildings on the same building site. .0809 Trees, shrubs, flowers or plants shall be permitted in any required setback. .0810 Fences and walls that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into required setbacks. .0811 For properties developed with existing ground-floor private patio areas, a maximum ten (10) foot high patio cover may be permitted over the existing permitted patio area when outside of street setbacks. SECTION 3. That Section 18.06.100 (Recreational-Leisure and Storage Areas) 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: 18.06.100 RECREATIONAL-LEISURE AND STORAGE AREAS 4 .010 Recreational-Leisure Areas. Recreational-leisure areas for multiple-family residential zones shall be provided as set forth in this section. The size of the areas is shown in Table 6-I. Table 6-I MINIMUM SIZE OF RECREATIONAL-LEISURE AREAS: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Area RM-1 350 square feet for each dwelling unit; amounts may be modified pursuant to § 18.06.160 RM-2 1,000 square feet for each dwelling unit RM-3 350 square feet for each dwelling unit RM-3.5 275 square feet for each dwelling unit RM-4 200 square feet for each dwelling unit .020 The recreational-leisure areas required by Table 6-I may be provided by private areas, common areas, or a combination of both. shall be provided in a combination of private and common areas. A minimum of 10% of the required recreational-leisure areas shall be provided in a common area centrally located within the project area. .0201 Private Recreational-Leisure Areas. For all multiple-family residential zones other than the "RM-4" Zone, any private patios for ground floor units shall be not less than two hundred (200) square feet in area, with a minimum dimension of ten (10) feet. In the "RM-4" Zone, any private patios for ground floor units shall be not less than one hundred (100) square feet in area, with a minimum dimension of eight (8) feet. In all multiple-family residential zones, private balconies for dwelling units located entirely above the ground floor shall be not less than seventy (70) square feet in area, with a minimum dimension of seven (7) feet. Balcony rails shall be fifty percent (50%) finished with a permanent building material that matches or is otherwise compatible with the building. .0202 Common Recreational-Leisure Areas. All common recreational-leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with, and contiguous to, other common areas on the building site. The common recreational-leisure area may be composed of active or passive facilities, and may incorporate any required setback areas other than street setback areas and required landscape setbacks, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational- leisure area shall have a minimum dimension of ten (10) feet. .0203 Improvement of Common Recreational-Leisure Areas. All common recreational-leisure areas shall be landscaped with lawn, trees, shrubs or other plants, as set forth in Chapter 18.46 (Landscaping and Screening), with the exception of reasonably required pedestrian walkways and paved recreational facilities, such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-type walls installed incidentally to the primary plants in the 5 landscaping shall be permitted and encouraged. All required common recreational-leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. .030 Storage Areas. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit. SECTION 4. That Subsection .080 (Conversion of Residential Structures) of (Section 18.08.030 (Uses) 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: .080 Conversion of Residential Structures. In addition to the provisions of Table 8-A, the conversion or continued use of a residential structure within the "C-G" or "O-L" zone to a commercial use requires a conditional use permit. and compliance with Section 18.38.120 (Commercial Use of a Residential Structure) of Chapter 18.38 (Supplemental Use Regulations). SECTION 5. That Table 4-A (Primary Uses – Single-Family Residential) of Section 18.04.030 (Uses) 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 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 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 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 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 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 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Educational Institutions–General C C C C C C C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 8 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 Transit Facilities C C C C C C C Utilities–Minor C C C C C C C SECTION 6. That Table 6-A (Primary Uses – Multiple-Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multi-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 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 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 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 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 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 Non-Residential Classes of Uses 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Convalescent & Rest Homes N N N N C Day Care Centers C C C C C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Educational Institutions– General N N C C C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 11 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 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 7. That Table 8-A (Primary Uses – Commercial Zones) of Section 18.08.030 (Uses) 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 Dwellings–Single- Family Attached N N N N N 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 Dwellings–Single- Family Detached N N N N N 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 Agricultural Crops N N N N N 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 Treatment Facilities (Large) C C C C C Ambulance Services N C 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 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 Animal Grooming 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 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–Private Transmitting N N N N N 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/M P/M P/M P/M P/M Permitted without a minor conditional use permit if located inside and existing business or an exterior building wall. 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 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 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–Impound Yards N N N N N 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 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 integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Beekeeping N N N N N Billboards N N N N N Boarding House N N C N N Building Material Sales N N N N N Business & Financial Services P P P P P Cemeteries N N N N N Commercial Equestrian Establishments N N N N N Commercial Retail Centers–Large P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Commercial Retail Centers–Small 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 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 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Permitted without Conditional Use Permit if lintegrated 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 Shall comply with subsection 18.40.040.040 17 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 (Uses Adjacent to Residential Zones or Residential Uses) Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) N N N N N 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. Farmers Market M M M M M Golf Courses & Country Clubs N N N N N Helipads & Heliports N N C N N Hospitals N N C C C Hotels N C C N C Hotels, Full Kitchen Facilities N N C N C Industry N N N N N Industry–Heavy N N N N N Junkyards N N N N N Markets–Large P P P N N 18 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 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 Medical Marijuana Dispensaries N N N N N Mortuaries N N C N N Motels N C C N N Offices–Development P P P P P Offices–General P P P P P Oil Production N N N N N Outdoor Storage Yards N N N N N 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 Art and Murals P/M P/M P/M P/M P/M Minor conditional use permit required when visible to the public right- of-way. 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 19 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 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 P P P 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 Recuperative Care/Medical Respite N N N N N Recycling Facilities– General N N N N N Recycling Facilities– Processing N N N N N 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 20 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–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 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. 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 Towing Services N N N N N Transit Facilities C C C C C Truck Repair & Sales N N N N N Utilities–Major C C C N C Utilities–Minor P P P P P Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. Warehousing & Storage–Enclosed N N N N N 21 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 Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 8. That Table 10-A (Primary Uses – Industrial Zone) of Section 18.10.030 (Uses) 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 Recovery 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 Recovery 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 22 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 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 required to permit the use for over five years. Automotive–Washing C Banquet Halls C Bars & Nightclubs C Billboards N 23 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 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Dance & Fitness Studios–Large C Dance & Fitness Studios–Small M Day Care Centers C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 24 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 Junkyards C Subject to § 18.38.200 Medical & Dental Offices M Medical Marijuana Dispensaries N Mortuaries C Motels 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 25 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 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 SECTION 9. That Table 14-A (Primary Uses – Public and Special-Purpose Zones) of Section 18.14.030 (Uses) 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 Recovery or Treatment Facilities (Small) N N N P 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 26 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 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 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. 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 Senior Living Facilities (Small) N N N P 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. 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 27 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 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 Recovery to 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- C T C T C T C T Subject to § 18.38.060 28 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 Stealth Ground- Mounted Antennas– Telecommunications- Ground-Mounted (Non-Stealth) 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 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 29 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 Community & Religious Assembly N N C C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) Educational Institutions–Business N C P C Educational Institutions–General N C P C Shall comply with subsection 18.40.040.040 (Uses Adjacent to Residential Zones or Residential Uses) 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 30 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 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 Utilities–Minor P P P P Veterinary Services N N N C SECTION 10. That Section 18.36.040 (“D” 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: 18.36.040 “D” USE CLASSES Dance & Fitness Studios–Large. This use class consists of the use of a space four thousand (4,000) or more square feet in gross floor area for dance classes, exercise programs, health club, and general fitness training. Dance & Fitness Studios–Small. This use class consists of the use of a space less than four thousand (4,000) square feet in gross floor area for dance classes, exercise programs, health club, and general fitness training. Day Care Centers. This use class consists of day care centers, as defined in Section 1596.76 of the California Health and Safety Code, where day care is provided for more than fourteen (14) children less than eighteen (18) years of age for periods of fewer than twenty-four (24) hours per day. This use class also includes and day care facilities for adults, as defined in Chapter 18.92 (Definitions). 31 Drive-Through Facilities. This use class consists of establishments that are designed or operated to serve a patron who is seated in an automobile or similar vehicle. This use class is intended to be applied in conjunction with another use class that defines the service or goods being provided. SECTION 11. That Table 38-A (Accessory Dwelling Unit Development Standards) of Section 18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units – Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 38-A: Accessory Dwelling Unit Development Standards Junior Accessory Dwelling Unit Accessory Dwelling Unit 800 square feet Accessory Dwelling Unit > 800 square feet Minimum Unit Size 150 square feet. 150 square feet. 150 square feet. Maximum Unit Size 500 square feet.1 1 Up to 150 square feet may be added to an existing main dwelling unit to accommodate ingress or egress, but the overall unit size shall not exceed 500 square feet. 800 square feet. Attached 50% of main dwelling unit2 or 1,200 square feet (whichever is less). 2Studio and one-bedroom units permitted up to 850 square feet. Two bedroom units permitted up to 1,000 square feet. 1,200 square feet. Detached 1,200 square feet. Lot Coverage The standards of the underlying zone shall apply. Not Applicable. The standards of the underlying zone shall apply. Structural Setbacks The standards of the underlying zone shall apply. Front: Underlying zone3 Side: 4 feet Rear: 4 feet 3A detached Accessory Dwelling Unit shall be located no closer to the front property line than the Attached Front: Underlying Zone Side: 4 Feet Rear: 4 Feet Detached Front: Underlying Zone4 Side: 4 feet Rear: 4 feet 32 front-most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. An attached Accessory Dwelling Unit located above an existing nonconforming structure within the required front setback shall not be subject to the front setback standards of the underlying zone when located in the same location and to the same dimension as the existing structure. 4A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front- most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. Structural Height The standards of the underlying zone shall apply. Attached The standards of the underlying zone shall apply. Detached The maximum height is 16 feet or the height of the main dwelling unit, whichever is greater. Attached The standards of the underlying zone shall apply. Detached The maximum height is 16 feet or the height of the main dwelling unit, whichever is greater. Building Separation Not Applicable. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. Access Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. Minimum Kitchen Requirements Efficiency Kitchen. Efficiency Kitchen. Efficiency Kitchen. 33 Sanitation Facility May share Sanitation Facility with main dwelling unit.5 or May have separate Sanitation Facility. 5When sharing Sanitation Facilities with the main dwelling unit, interior access shall be provided between the main dwelling unit and the Junior Accessory Dwelling Unit. Sanitation Facility. Sanitation Facility. SECTION 12. That Subsection .070 (Design) of Section 18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units – Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the following design standards: .0701 Exterior stairs and doors shall not be visible from any public right-of-way, excluding alleys; .0702 The design of an attached Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit. .0702 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0703 The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit; .0704 The architectural style of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of the main dwelling unit; .0705 If the Accessory Dwelling Unit is constructed above the main dwelling unit or garage, all windows and doors shall be designed to minimize the privacy impacts onto adjacent properties including, but are not limited to, window placement above eye level, windows and doors located toward the existing on-site residence; .0706 Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the required street setback area, in compliance with Section 18.46.100.050.0501; 34 .0707 When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design shall incorporate features to match the scale, materials and landscaping of the original main dwelling unit that preserve the existing streetscape and character of the surrounding neighborhood; and .0708 Adequate access by emergency services to the main dwelling unit, Accessory Dwelling Unit, and Junior Accessory Dwelling Unit shall be provided. .080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking Requirements). SECTION 13. That Subsection .090 (Historic Buildings) of Section 18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units – Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .090 Historic Buildings. .0901 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory shall conform to the requirements for the historic structure; .0902 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards; .0903 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim's local historic inventory are encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may be approved by the City Council; and .0904 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for historically classified structures, the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the mandatory standards. .0905 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for a property within a historic district shall be architecturally compatible with the main dwelling unit. SECTION 14. That Section 18.38.95 (Carnivals and Circuses) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, deleted in full as follows: 18.38.120 (Repealed by Ord. XX, Date) CARNIVALS AND CIRCUSES. .010 General. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go- round, traveling show, or other similar or related type of public amusement place, unless 35 a special event permit to do so has been issued as hereinafter provided and is in full force and effect. Where permitted in the underlying zone, all temporary carnivals and circuses are subject to the provisions of this section, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses and Section 18.38.240 (Special Events) of the Anaheim Municipal Code. .015 Carnival Definition. A carnival is any event, promotion or sale sponsored by a business, shopping center or organization but operated by a third party vendor 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. .020 Location Requirements. .0201 Distance. No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Anaheim. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than three hundred (300) feet to any occupied dwelling. Carnivals, fairs, and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations, may be exempted from this requirement by the Chief of Police provided that the amusement activity will not, in the judgment of the Chief of Police, be a nuisance to residents within the three hundred foot radius of such activity. .0202 Streets. No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit. .030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or circus shall be issued for any project site during any calendar year; except that up to four (4) permits for a carnival or circus may be issued for commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. Project sites include, but are not necessarily limited to, the following: .0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels. .0302 Any Business or Commercial Retail Center. For the purposes of this section the term, “Business or Commercial Retail Center” shall mean one (1) or more businesses that are either (i) located on a single parcel of property or (ii) located on a group of parcels which are developed as a single project with shared vehicle access, driveways and/or parking. .0303 Any single parcel developed with a single land use or group of uses other than a business or commercial retail center. .0304 Any group of adjoining parcels developed with a group of land uses other than a business or commercial retail center, and which parcels are developed as a single project with shared vehicle access, driveways and/or parking. .040 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same project site for which the maximum number of permits for special events, as defined in Section 18.92.220 (“S” Words, Terms and Phrases), has already been issued during the same calendar year. The limitation contained in this section shall not apply to commercially zoned properties which are a 36 minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. .050 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days. .060 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit information on a plan, or plans, to the Planning Services Division for review and approval as required on the application, to verify that the carnival or circus use of the site is not likely to have an adverse impact on surrounding land uses. The plan(s) shall accurately and clearly depict the site on which the carnival or circus is proposed. No permit shall be issued for a carnival or circus if the submitted plan(s) are not approved. .070 Parking. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Planning Director shall take into account the availability of off-street parking areas to accommodate the automobiles which can be reasonably be anticipated in connection with the amusement activity. The Planning Director will verify that any use of such parking areas does not reduce the number of parking spaces to less than the number of spaces reasonably required for the existing businesses and uses. No permit shall be issued for a carnival or circus if the site does not have adequate parking. .080 Operational Standards. The carnival and circus shall continually adhere to the following operational standards for the duration of the event: .0801 Amplified Sound. All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations: (a) The only sounds permitted are music and human speech. (b) The human speech and music amplified shall not be profane, lewd, indecent or slanderous. (c) The volume of sound shall be controlled so that it will not be audible for a distance in excess of two hundred feet from its source, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (d) No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification. .0802 Building and Fire Codes. All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Anaheim. Upon request, permittees shall furnish proof to the City of Anaheim that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a public assemblage, the following rules shall apply: (a) No flammable or explosive liquid or gas shall be stored or used in, or within fifty feet of, such tent. (b) Smoking shall not be permitted within any such tent, and NO SMOKING signs shall be prominently displayed throughout such tent, and at each entrance thereof. (c) Such tent and bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire-retardant solution. 37 (d) All weeds and flammable vegetation in or within thirty feet of such tent shall be removed and prevented from regrowing. (e) The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises, unless allowed pursuant to a permit from the Fire Department. (f) Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or would delay or interfere with the extinguishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department. .0803 Cleaning Area. Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement activity is carried on or conducted. .0804 Clean Up Required. In order to insure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by the Planning Director for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. .0805 Emergency Lighting. The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited. .0806 Fencing and Pedestrian Control. The Chief of Police may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. He may also designate the means of pedestrian ingress and egress for the said amusement activity. .0807 Health and Sanitation. The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the County Health Officer, and by applicable State, County and City laws. .0808 Hours of Operation. No amusement activity regulated by this chapter shall operate between twelve midnight and 8:00 a.m. of the following morning. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect surrounding residential areas. .0809 Liability Insurance. As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Risk Manager a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of one million dollars combined single limit per occurrence. The applicant shall furnish the Risk Manager an endorsement to said policy naming the City of Anaheim, its officers, agents and employees as additional insureds. The said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Anaheim. 38 .0810 Lighting. All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. .0811 Paving. All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Building Department may prescribe the type of amusement activity, the type of area being used, its proximity to other areas, and the length of time for which the permit is issued. SECTION 15. That Section 18.38.120 (Commercial Use of a Residential Structure) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, deleted in full as follows: 18.38.120 (Repealed by Ord. XX, Date) COMMERCIAL USE OF A RESIDENTIAL STRUCTURE. Commercial Use of Residential Structure. The conversion of a residential structure within the "C-G" or "O-L" zone to a commercial use shall comply with the following provisions: .010 Uses. Use of the structure shall be limited to the following: .0101 Business service firms including architectural, engineering, drafting services, market research and other similar firms; .0102 Business agencies including advertising, travel, credit, finance, employment and other similar agencies; .0103 Business offices including accounting, bookkeeping, insurance, law or legal services, real estate, public utilities, consultants and other similar offices; .0104 Financial offices and institutions including banks, trust companies, savings and loan associations, security and commodity exchanges and other similar companies; .0105 Medical-dental offices; .0106 Antique shops or art galleries; .0107 Barber or beauty shops; .0108 Bookstores; .0109 Gift or hobby shops; .0110 Restaurants, General or Outdoor Dining, with or without accessory bar and/or on-premise sale and consumption of alcoholic beverages, but not an “Entertainment Venue”; .0111 Bed and Breakfast Inns; and .0112 Community and Religious Assembly. .020 Additional Code Requirements. All structures shall comply with the following additional requirements: .0201 All provisions of Title 15 (Building and Housing Code) of the Anaheim Municipal Code; and .0202 All provisions of Fire Zone No. 2, except as modified in whole or in part by the Fire Chief. .030 Parking. All parking shall be provided to the rear or non-street side of the main structure. 39 .040 Landscaping. The required front setback of the residential structure shall be maintained and landscaped in accordance with the landscaping provisions of the underlying zone. .050 Frontage. All parcels shall have frontage on an arterial highway as designated by the Circulation Element of the General Plan. SECTION 16. That Section 18.38.160 (Mechanical and Utility Equipment – Ground Mounted) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.160 MECHANICAL AND UTILITY EQUIPMENT – GROUND MOUNTED .010 Ground-mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way, public property, and adjacent non-industrially zoned properties, as may be seen from a point six (6) feet above ground level on the adjacent non-industrially zoned property. .020 The screening shall be provided by architectural building features, fencing or landscaping, where appropriate and as approved by the Planning Department. .030 Electrical transformers, backflow prevention devices, and double check detector assemblies The equipment shall be located a minimum of five (5) feet from the property line, except in single-family zones, and shall be screened with live landscaping if located within a required structural setback area abutting any public or private street. The landscaping must fully screen the equipment within one year of planting and shall not be located in a required structural setback area abutting any public or private street. and shall be fully maintained at all times. .040 Site, elevation and landscape plans showing the screening for all new utility devices visible from all public rights-of-way, public property, and adjacent non-industrially zoned properties, as may be seen from a point six (6) feet above ground level on the adjacent non- industrially zoned property, public right-of-way or public property, shall be submitted to the Planning Department for review and approval. Additionally, plans for equipment over eighteen (18) inches in height shall be subject to review and approval by the City Traffic and Transportation Manager, for line-of-sight visibility at unsignalized street intersections or at the intersection of vehicular and pedestrian pathways. No building permit will be issued without conformance with this subsection. .050 Exception. Setback Location and screening requirements for public utility equipment and electric vehicle chargers may be modified by the Planning Director and Public Utilities Director or his or her designee for life safety and/or access reasons, or as otherwise established by guidelines adopted by the City. SECTION 17. That Subsection .040 (Surface Conditions) of Section 18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .040 Surface Conditions. The storage area shall be properly graded and a layer of gravel crushed angular rock at least one three-inches thick, or a layer of concrete or approved asphaltic material or similar substance shall be placed over the entire surface, or as approved by City staff. Additional limitations may be imposed if vehicles, such as trucks or forklifts, are regularly used in this area. 40 SECTION 18. That Section 18.38.220 (Restaurants – Outdoor Seating and Dining) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.220 RESTAURANTS – OUTDOOR SEATING AND DINING Outdoor Dining and Outdoor sSeating and Outdoor dining shall be permitted as an accessory uses to a restaurants in all zones where restaurants are permitted or conditionally permitted. .010 Outdoor Seating. Outdoor sSeating, as defined in Chapter 18.92 (Definitions), shall comply with all the following provisions and plans shall be submitted to the Planning Department for review and approval showing compliance with this section: .0101 Furnishings may include tables, chairs, decorative benches and umbrellas. .0102 Furnishings shall not exceed one (1) table and two (2) seats for every five (5) lineal feet of building or unit frontage, up to a cumulative maximum of five (5) seven (7) tables and ten (10) fifteen (15) seats. .0103 Furnishings shall not be placed on or allowed to hang over any public right- of-way, required pedestrian accesswaywalkway, required setback or parking area. .0104 A minimum four (4) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements. .0105 All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. .0106 An oOutdoor sSeating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a restaurant to determine its parking requirements. .0107 Portable or non-fixed furnishings shall not be set up outside the restaurant more than one-half (0.5) hour prior to the opening of business, and shall be removed no later than one-half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight. .0108 No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication. Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building. .0109 At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building. .0110 The restaurant manager or business owner shall be responsible for the removal of all trash and debris, or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner. .020 Outdoor Dining. Outdoor dDining, as defined in Chapter 18.92 (Definitions), shall comply with the following: .0201 The outdoor dining area shall be immediately adjacent to, and take primary access from, in full visibility, and under the control, of the restaurant. Where the sale of alcohol is proposed in conjunction with the outdoor dining area, the outdoor dining area shall be immediately adjacent to and take access to the restaurant. .0202 The outdoor dining area shall not encroach into any public right-of-way or any required setback, yard, landscaping or parking area. For restaurants developed within Commercial Retail Centers – Large, up to three (3) legal parking spaces adjacent to the 41 restaurant they serve can be used for outdoor dining, subject to an Outdoor Dining Parking Permit as set forth in Chapter 18.42.130. .0203 The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant. .0204 The outdoor dining area shall be enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas entirely enclosed by landscape planters, fencing or other decorative barriers that physically separate the outdoor dining area from other open or public areas. .01 The enclosure fence shall be at least 36-inches high or as otherwise required by Alcohol Beverage and Control for the consumption of alcohol. .02 Emergency exits shall be maintained (as required by the Uniform Fire Code) but shall not be utilized by patrons and/or employees other than in an emergency. .0205 The oOutdoor dining areas over 1,000 square feet shall be included in the gross floor area of a restaurant to determine parking requirements. .0206 A conditional use permit shall be required for any outdoor entertainment provided in an outdoor dining area. .0207 The sale and/or consumption of any beer, wine or other alcoholic beverages in an outdoor dining area shall be permitted only if the main restaurant has a valid permit for on-site alcohol sales. .0208 The activities occurring in conjunction with the operation of the outdoor dining area shall not cause a noise disturbance to surrounding properties or businesses. .0209 No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication. .0210 Any accessory outdoor cooking facilities shall be well maintained in a neat and orderly manner. Any facilities not used on a regular basis shall be stored indoors. .0211 The business is responsible for maintaining free of litter the area adjacent to the outdoor dining area over which they have control. .0212 A minimum four (4) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements. .0213 Outdoor furniture and accessories shall be kept clean, neatly maintained, with no ripped or faded material. Any un-maintained or damaged furniture or accessories shall be repaired or replaced immediately. SECTION 19. That Section 18.38.225 (Special Events – Flags and Banners) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.38.225 SPECIAL EVENTS – FLAGS AND BANNERS No person, business, or organization shall conduct Special Events – Flags and Banners without having first applied for and obtained a special event permit pursuant to this section. .010 “Special Events–Flags and Banners”. The outdoor display of temporary signs, flags, banners or fixed balloons for the promotion of business activities that will be conducted within a building. The following types of banners are also considered Special Events – Flags and Banners: 42 .0101 Grand Opening Banners. . 0102 Seasonal Banners. . 0103 Service-Bay Banners. . 0104 Public Construction Project Banners. . 0105 Special Event - Flags or Banners in Residential Zones. . 0106 Banners in conjunction with a Business Name Change. .020 Exceptions. The following are not subject to a special event permit: .0201 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0202 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0203 Private occasional parties which are not open to the public. .030 Center Street Promenade. Special events on Center Street Promenade between Anaheim Boulevard and Harbor Boulevard shall be processed in accordance with the application requirements listed in 18.38.240. .030 Special events on Center Street Promenade are not limited to the events or requirements listed in 18.38.225 and 18.38.230 and are subject to approval of the Planning and Building Director. .040 Location–Special Events–Flags and Banners may be allowed in any commercial zone; in any industrial zone subject to compliance with the provisions of subsection 18.38.225.070; and, in any residential zone, in conjunction with the sale, rent, or lease of residential units, in compliance with the provisions of subsection 18.38.225.070. .050 Duration. Special events permits shall be permitted for the following time periods: .0501 Unless otherwise expressly permitted by this Code, no special event permit shall be issued for a period in excess of nine (9) consecutive calendar days. .0502 No business or organization may be issued more than four (4) special event permits during any calendar year. .060 Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed.. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) maximum amount per year allowed. .070 Regulations for Conduct of Special Events - Flags and Banners. .0701 Height. No fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .0702 Balloons. Metallic balloons, feather or sail-type banners, household linens utilized as banners, and roof-mounted banners and roof-mounted balloons and inflatables are prohibited. .0703 Location. All flags and banners that are visible to the public shall be subject to this section and shall at all times be maintained in good and attractive condition and removed prior to deterioration. Unless otherwise regulated by the following subsections, banners shall not be displayed in a required setback area, in any landscape area or on any fence and must be attached to and parallel with the face of the building for which the banner is intended and secured at all four corners of the banner. 43 .0704 Size. The maximum area per banner shall be thirty-six (36) square feet. .0705 Number. The maximum number of banners permitted is one per street frontage. .080 Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening banner permit does not count toward the annual limit of special event permits regulated by subsection 18.38.225.60. .090 Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit. .100 Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or the name of the commercial center, but shall not include the name of any individual business or product. .110 Service-Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right- of-way. The maximum area per banner shall be twenty-four (24) square feet. .120 Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and/or vehicular access to said business. Approval of the permit shall be subject to the following provisions: .1201 The permit shall be limited to one (1) banner, not to exceed thirty- six (36) square feet in area; .1202 The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business; .1203 The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and .1204 Only one (1) special event permit is required for the duration of the construction project. .130 Special Event–Flags or Banners in Residential Zones. Special Event–Flags or Banners are permitted in all residential zones , subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in subdivisions and the rent or lease of apartment units and all such displays are located subject property. The display shall be subject to the following provisions. .1301 Duration of Permits. .01 Apartment buildings containing five or more units are eligible for Special Events–Flags and Banners for one three-day weekend, Friday through Sunday, for a total of twelve (12) permits per calendar year, to promote the availability of rental units, subject to the approval of a special event permit. There shall be a minimum of three (3) weeks between Special Events–Flags and Banners permits for apartments. 44 .02 The initial sale of new homes or condominiums, or the initial rent or lease of new apartments are permitted to display flags and banners for up to two (2) years six (6) months from the date of permit issuance. A total of four (4) permits may be granted to advertise new for-sale residential tracts and new condominium complexes.; and a New rental of apartment complexes are permitted to display flags and banners to advertise new complexes for a total of six (6) months to advertise new rental apartment complexes from the date of permit issuance or permit final. .1302 Display. The display shall be subject to the following provisions: .01 No more than ten (10) total flags shall be permitted or displayed for any such project or development. No flag shall exceed twelve (12) square feet in area or six (6) feet in any one dimension. .02 One banner per building elevation facing a public or private street, or parking lot serving the development, shall be permitted for apartment or condominium projects. The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the street or seventy-five (75) square feet per building elevation, whichever is less. .03 All flags and banners shall be placed on ground-mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof. .1303 Banner in conjunction with a Tent. A single banner may be placed on a tent authorized by a special event permit, provided such banner is not placed on top of the tent. .1304 Banners in conjunction with a Business Name Change. Banners shall be allowed by special event permit for the covering of a permanent sign with a banner in the event of a business name or ownership change during the interim period when a new permanent sign has not been installed. Such banners shall be permitted for a period of no longer than sixty (60) days and shall not count towards the annual limit of special event permits regulated by subsection 18.38.225.60. .140 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .150 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .160 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .170 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may 45 be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .180 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1801 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1802 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1803 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1804 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .190 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 20. That Section 18.38.230 (Special Events – Outdoor Activity) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.38.230 SPECIAL EVENTS – OUTDOOR ACTIVITY No person, business, or organization shall conduct Special Events – Outdoor Activity without having first applied for and obtained a special event permit pursuant to this section. .010 “Special Events–Outdoor Activity”. Any event, promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, 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. .020 Exceptions. The following are not subject to a special event permit: .0201 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0202 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0203 Private occasional parties which are not open to the public. 46 .030 Location - Special Events – Outdoor Activity. Special Events – Outdoor Activity may be allowed, subject to a special event permit, in the following locations: .0301 Any property where the use is one for which a conditional use permit has been issued authorizing a use which is permitted or conditionally permitted in any commercial zone; .0302 Any public or private elementary, junior high or senior high school; .0303 Any location that has a conditional use permit for community and religious assembly. .0304 For auto dealerships adjacent to a freeway that is over five (5) acres in size, the following special events may be permitted in locations approved by the Planning Services Division outside of landscaped setbacks, visitor parking areas and vehicular line of sight triangles: .01 One weekend outdoor event each month. .02 One canopy/tent to be erected for a period of one month, four times per year. .03 One ground-mounted inflatable to be displayed for a period of one month, four times per year. .04 Non-metallic balloons on displayed vehicles for sale. .05 “Snow cone” banners with sign copy, or other merchandising material on light standards within vehicle display areas and light standards along the perimeter landscaping of each site. .06 One banner with a maximum size of 120 square feet on each building elevation. .0305 Center Street Promenade. Special events on Center Street Promenade between Anaheim Boulevard and Harbor Boulevard shall be processed in accordance with the application requirements listed in 18.38.240. .0305 Special events on Center Street Promenade are not limited to the events or requirements listed in 18.38.225 or 18.38.230 and are subject to approval of the Planning and Building Director. .040 Duration. Special Events – Outdoor Activity permits shall be permitted for the following time periods: .0401 Unless otherwise expressly permitted by this Code, no Special Events – Outdoor Activity shall be issued for a period in excess of nine (9) consecutive calendar days. .0401 No business or organization shall be issued more than four (4) special event permits during any calendar year. .0402 Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed. .0403 Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed. .050 Regulations for Conduct of a Special Event. .0501 Special Events – Outdoor Activity. .01 Permitted Sales. The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business. 47 .02 Parking lots. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. Activities located in a parking area shall not obstruct any Americans with Disabilities Act (ADA) required paths of travel, including market walkways, and/or parking stalls. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. Special events are not permitted in or on parking structures. .03 Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .04 Structures. Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division (if the use of electricity is proposed). All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division. .05 Temporary Living Quarters. Temporary living quarters or other temporary structures to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department, Building Division and the Electrical Engineering Division to assure compliance with requirements of all related codes. .06 Hours of Operation. The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. Outdoor activities that may adversely affect adjacent or nearby uses will not be permitted. .07 Music. Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels) and shall not cause disturbance to surrounding uses. .08 Signs. Outdoor events are permitted to display one sign advertising the outdoor event. Said sign shall be removed at the conclusion of the special event. .060 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .070 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .080 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of 48 California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .090 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .100 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1001 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1002 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1003 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1004 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .110 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 21. That Section 18.38.235 (Special Events – Christmas Tree Lots and Pumpkin Patches) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.38.235 SPECIAL EVENTS – CHRISTMAS TREE LOT AND PUMPKIN PATCHES No person, business, or organization shall conduct Special Events – Christmas Tree Lot and Pumpkin Patches without having first applied for and obtained a special event permit pursuant to this section. .010 Exceptions. The following are not subject to a special event permit: .0101 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0102 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0103 Private occasional parties which are not open to the public. 49 .020 Location - Christmas tree lots and pumpkin patches may be allowed in any commercial zone, “T” (Transition) Zone or “I” (Industrial Zone). .030 Duration - Christmas Tree Lots and Pumpkin Patches. The sale or disposition of Christmas trees or Halloween pumpkins shall expire on the 7th day of January of the year immediately following the Christmas or Halloween for which the permit was approved and issued. For lots that are solely used for pumpkin sales, the permit shall expire ten (10) business days after Halloween. .040 Signs. One event sign may be permitted in conjunction with the Christmas tree lot or pumpkin patch and remain on the property for the duration of the special event. .050 Equipment. There shall be maintained in each premises within which Christmas trees or Halloween pumpkins are sold or offered for sale a fire extinguisher in good order and condition and of a water type approved by the Chief of the Fire Department. .060 Operator. A person of at least eighteen years of age shall be on duty at all times during the sale or disposition of Christmas trees or Halloween pumpkins and all sales shall be made from the premises. .070 Site. The premises shall not be established until adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions. .080 Security. If guards or watchmen are provided for the purpose of watching Christmas trees or Halloween pumpkins on any premises, such guards or watchmen shall be at least eighteen years of age. .090 Sanitation. Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale or disposition of such Christmas trees or Halloween pumpkins, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works. .100 Temporary Structures. Provisions may be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. No such temporary structure, house trailer or tent shall be permitted on the premises unless the same shall have been expressly approved by the Building Division. .110 Inspections. For Christmas tree lots and pumpkin patches, after the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. If the inspection reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas trees or Halloween pumpkins until such time as said premises do conform to such provisions. .120 Clean Up Required. In order to insure that all areas used for Christmas tree lots and pumpkin patches are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by resolution of the City Council for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. 50 .130 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .140 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .150 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .160 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .170 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1701 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1702 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1703 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1704 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .180 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 22. That Section 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, deleted in full as follows: 18.38.240 (Repealed by Ord. XX, Date) SPECIAL EVENTS 51 No person, business, or organization shall conduct Special Events – Outdoor Activity or Special Events – Flags and Banners without having first applied for and obtained a special event permit pursuant to this section. .010 “Special Events–Outdoor Activity”. Any event, promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, 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. The display of temporary signs, flags, banners or fixed balloons may be permitted as accessory to the outdoor activity. The following types of events are also considered a “Special Event–Outdoor Activity”: .0101 Christmas tree lot or pumpkin patch. .0102 Carnivals and Circuses. All temporary carnivals and circuses are subject to the provisions of Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Section 18.38.095 (Carnivals and Circuses) of Title 18 (Zoning Code) of the Anaheim Municipal Code. .020 “Special Events–Flags and Banners”. The outdoor display of temporary signs, flags, banners or fixed balloons for the promotion of business activities that will be conducted within a building. The following types of banners are also considered Special Events – Flags and Banners: .0201 Grand Opening Banners. .0202 Seasonal Banners. .0203 Service-Bay Banners. .0204 Public Construction Project Banners. .0205 Special Event - Flags or Banners in Residential Zones. .0206 Banners in conjunction with a Business Name Change. .030 Exceptions. The following are not subject to a special event permit: .0301 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0302 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0303 Private occasional parties which are not open to the public. .040 Location - Special Events – Outdoor Activity. Special Events – Outdoor Activity may be allowed, subject to a special event permit, in the following locations: .0401 Any property where the use is one for which a conditional use permit has been issued authorizing a use which is permitted or conditionally permitted in any commercial zone; .0402 Any public or private elementary, junior high or senior high school; .0403 Any location that has a conditional use permit for community and religious assembly. .0404 For Christmas tree lots and pumpkin patches, any commercial zone, “T” (Transition) Zone or “I” (Industrial Zone). 52 .0405 For Carnivals and Circuses, locations identified in Section 18.38.095 (Carnivals and Circuses) of this Chapter. .0406 For auto dealerships adjacent to a freeway that is over five (5) acres in size, the following special events may be permitted in locations approved by the Planning Services Division outside of landscaped setbacks, visitor parking areas and vehicular line of sight triangles: .01 One weekend outdoor event each month. .02 One canopy/tent to be erected for a period of one month, four times per year. .03 One ground-mounted inflatable to be displayed for a period of one month, four times per year. .04 Non-metallic balloons on displayed vehicles for sale. .05 “Snow cone” banners with sign copy, or other merchandising material on light standards within vehicle display areas and light standards along the perimeter landscaping of each site. .06 One banner with a maximum size of 120 square feet on each building elevation. .0407 Center Street Promenade. Special events on Center Street Promenade between Anaheim Boulevard and Harbor Boulevard shall be processed in accordance with the application requirements listed in 18.38.240. .01 Special events on Center Street Promenade are not limited to the events or requirements listed in 18.38.240 and are subject to approval of the Planning and Building Director. .050 Location–Special Events–Flags and Banners. Special Events–Flags and Banners may be allowed in any commercial zone; in any industrial zone subject to compliance with the provisions of subsection 18.38.240.070.0702; and, in any residential zone, in conjunction with the sale, rent, or lease of residential units, in compliance with the provisions of subsection 18.38.240.070.0702.11. .060 Duration. Special events permits shall be permitted for the following time periods: .0601 Special Event–Outdoor Activity and Special Events–Flags and Banners. Unless otherwise expressly permitted by this Code, no special event permit shall be issued for a period in excess of nine (9) consecutive calendar days. No business or organization shall be issued more than four (4) special event permits during any calendar year. Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed. .0602 Christmas Tree Lots and Pumpkin Patches. The sale or disposition of Christmas trees or Halloween pumpkins shall expire on the 7th day of January of the year immediately following the Christmas or Halloween for which the permit was approved and issued. For lots that are solely used for pumpkin sales, the permit shall expire ten (10) business days after Halloween. .0603 Carnivals and Circuses shall be permitted for a period of time as identified in Section 18.38.095. .070 Regulations for Conduct of a Special Event. .0701 Special Events – Outdoor Activity. 53 .01 Permitted Sales. The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business. .02 Parking lots. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. Activities located in a parking area shall not obstruct any Americans with Disabilities Act (ADA) required paths of travel, including market walkways, and/or parking stalls. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. Special events are not permitted in or on parking structures. .03 Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .04 Structures. Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division (if the use of electricity is proposed). All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division. .05 Temporary Living Quarters. Temporary living quarters or other temporary structures to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department, Building Division and the Electrical Engineering Division to assure compliance with requirements of all related codes. .06 Hours of Operation. The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. Outdoor activities that may adversely affect adjacent or nearby uses will not be permitted. .07 Music. Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels) and shall not cause disturbance to surrounding uses. .08 Signs. Outdoor events are permitted to display one sign advertising the outdoor event. Said sign shall be removed at the conclusion of the special event. .0702 Special Events–Flags and Banners. .01 Height. No fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .02 Balloons. Metallic balloons, feather or sail-type banners, household linens utilized as banners, and roof-mounted banners and roof-mounted balloons and inflatables are prohibited. .03 Location. All flags and banners that are visible to the public shall be subject to this section and shall at all times be maintained in good and attractive condition and removed prior to deterioration. Unless otherwise regulated by the following subsections, banners shall not be displayed in a required setback area, in any landscape area or on any fence and must be attached to and parallel with the face of the building for which the banner is intended and secured at all four corners of the banner. 54 .04 Size. The maximum area per banner shall be thirty-six (36) square feet. .05 Number. The maximum number of banners permitted is one per street frontage. .06 Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening banner permit does not count toward the annual limit of special event permits regulated by subsection 18.38.240.030. .07 Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit. .08 Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or the name of the commercial center, but shall not include the name of any individual business or product. .09 Service-Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right-of-way. The maximum area per banner shall be twenty-four (24) square feet. .10 Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and/or vehicular access to said business. Approval of the permit shall be subject to the following provisions: (a) The permit shall be limited to one (1) banner, not to exceed thirty-six (36) square feet in area; (b) The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business; (c) The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and (d) Only one (1) special event permit is required for the duration of the construction project. .11 Special Event–Flags or Banners in Residential Zones. Special Event–Flags or Banners are permitted in all residential zones , subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in subdivisions and the rent or lease of apartment units and all such displays are located subject property. The display shall be subject to the following provisions. (a) Duration of Permits. (1) Apartment buildings containing five or more units are eligible for Special Events–Flags and Banners for one three-day weekend, Friday 55 through Sunday, for a total of twelve (12) permits per calendar year, to promote the availability of rental units, subject to the approval of a special event permit. There shall be a minimum of three (3) weeks between Special Events–Flags and Banners permits for apartments. (2) The initial sale of new homes or condominiums, or the initial rent or lease of new apartments are permitted to display flags and banners for up to six (6) months from the date of issuance,. A total of four (4) permits may be granted to advertise new for-sale residential tracts and new condominium complexes; and a total of one (1) permit may be granted to advertise new rental apartment complexes. (b) Display. The display shall be subject to the following provisions. (1) No more than ten (10) total flags shall be permitted or displayed for any such project or development. No flag shall exceed twelve (12) square feet in area or six (6) feet in any one dimension. (2) One banner per building elevation facing a public or private street, or parking lot serving the development, shall be permitted for apartment or condominium projects. The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the street or seventy-five (75) square feet per building elevation, whichever is less. (3) All flags and banners shall be placed on ground- mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof. .12 Banner in conjunction with a Tent. A single banner may be placed on a tent authorized by a special event permit, provided such banner is not placed on top of the tent. .13 Banners in conjunction with a Business Name Change. Banners shall be allowed by special event permit for the covering of a permanent sign with a banner in the event of a business name or ownership change during the interim period when a new permanent sign has not been installed. Such banners shall be permitted for a period of no longer than sixty (60) days and shall not count towards the annual limit of special event permits regulated by subsection 18.38.240.060. .0703 Christmas tree lots and pumpkin patches. .01 Signs. One event sign may be permitted in conjunction with the Christmas tree lot or pumpkin patch and remain on the property for the duration of the special event. .02 Equipment. There shall be maintained in each premises within which Christmas trees or Halloween pumpkins are sold or offered for sale a fire extinguisher in good order and condition and of a water type approved by the Chief of the Fire Department. .03 Operator. A person of at least eighteen years of age shall be on duty at all times during the sale or disposition of Christmas trees or Halloween pumpkins and all sales shall be made from the premises. .04 Site. The premises shall not be established until adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions. .05 Security. If guards or watchmen are provided for the purpose of watching Christmas trees or Halloween pumpkins on any premises, such guards or watchmen shall be at least eighteen years of age. 56 .06 Sanitation. Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale or disposition of such Christmas trees or Halloween pumpkins, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works. .07 Temporary Structures. Provisions may be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. No such temporary structure, house trailer or tent shall be permitted on the premises unless the same shall have been expressly approved by the Building Division. .08 Inspections. For Christmas tree lots and pumpkin patches, after the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. If the inspection reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas trees or Halloween pumpkins until such time as said premises do conform to such provisions. .09 Clean Up Required. In order to insure that all areas used for Christmas tree lots and pumpkin patches are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by resolution of the City Council for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. .080 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .090 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .100 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .110 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Section 18.38.240 may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .120 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this 57 section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1201 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1202 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1203 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1204 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .130 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 23. That Section 18.38.240 (Special Events – Carnivals and Circuses) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.38.240 SPECIAL EVENTS – CARNIVAL AND CIRCUSES .010 General. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go-round, traveling show, or other similar or related type of public amusement place, unless a special event permit to do so has been issued as hereinafter provided and is in full force and effect. Where permitted in the underlying zone, all temporary carnivals and circuses are subject to the provisions of this section, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Section 18.38.240 (Special Events) of the Anaheim Municipal Code. .015 Carnival Definition. A carnival is any event, promotion or sale sponsored by a business, shopping center or organization but operated by a third party vendor 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. .020 Location Requirements. .0201 Distance. No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Anaheim. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than three hundred (300) feet to any occupied dwelling. Carnivals, fairs, and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations, may be exempted from this requirement by the Chief of Police provided that the amusement activity will not, in the judgment of the 58 Chief of Police, be a nuisance to residents within the three hundred foot radius of such activity. .0202 Streets. No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit. .030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or circus shall be issued for any project site during any calendar year; except that up to four (4) permits for a carnival or circus may be issued for commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. Project sites include, but are not necessarily limited to, the following: .0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels. .0302 Any Business or Commercial Retail Center. For the purposes of this section the term, “Business or Commercial Retail Center” shall mean one (1) or more businesses that are either (i) located on a single parcel of property or (ii) located on a group of parcels which are developed as a single project with shared vehicle access, driveways and/or parking. .0303 Any single parcel developed with a single land use or group of uses other than a business or commercial retail center. .0304 Any group of adjoining parcels developed with a group of land uses other than a business or commercial retail center, and which parcels are developed as a single project with shared vehicle access, driveways and/or parking. .040 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same project site for which the maximum number of permits for special events, as defined in Section 18.92.220 (“S” Words, Terms and Phrases), has already been issued during the same calendar year. The limitation contained in this section shall not apply to commercially zoned properties which are a minimum of twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential uses. .050 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days. .060 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit information on a plan, or plans, to the Planning Services Division for review and approval as required on the application, to verify that the carnival or circus use of the site is not likely to have an adverse impact on surrounding land uses. The plan(s) shall accurately and clearly depict the site on which the carnival or circus is proposed. No permit shall be issued for a carnival or circus if the submitted plan(s) are not approved. .070 Parking. As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the Planning Director shall take into account the availability of off-street parking areas to accommodate the automobiles which can be reasonably be anticipated in connection with the amusement activity. The Planning Director will verify that any use of such parking areas does not reduce the number of parking spaces to less than the number of spaces reasonably required for the existing businesses and uses. No permit shall be issued for a carnival or circus if the site does not have adequate parking. 59 .080 Operational Standards. The carnival and circus shall continually adhere to the following operational standards for the duration of the event: .0801 Amplified Sound. All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations: (a) The only sounds permitted are music and human speech. (b) The human speech and music amplified shall not be profane, lewd, indecent or slanderous. (c) The volume of sound shall be controlled so that it will not be audible for a distance in excess of two hundred feet from its source, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (d) No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification. .0802 Building and Fire Codes. All amusement activities shall comply with the Building and Fire Codes and ordinances of the City of Anaheim. Upon request, permittees shall furnish proof to the City of Anaheim that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a public assemblage, the following rules shall apply: (a) No flammable or explosive liquid or gas shall be stored or used in, or within fifty feet of, such tent. (b) Smoking shall not be permitted within any such tent, and NO SMOKING signs shall be prominently displayed throughout such tent, and at each entrance thereof. (c) Such tent and bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire-retardant solution. (d) All weeds and flammable vegetation in or within thirty feet of such tent shall be removed and prevented from regrowing. (e) The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises, unless allowed pursuant to a permit from the Fire Department. (f) Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or would delay or interfere with the extinguishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department. .0803 Cleaning Area. Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement activity is carried on or conducted. .0804 Clean Up Required. In order to insure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by the Planning Director for an inspection of the property at the termination of the 60 activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event. .0805 Emergency Lighting. The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the Building Department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited. .0806 Fencing and Pedestrian Control. The Chief of Police may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. He may also designate the means of pedestrian ingress and egress for the said amusement activity. .0807 Health and Sanitation. The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the County Health Officer, and by applicable State, County and City laws. .0808 Hours of Operation. No amusement activity regulated by this chapter shall operate between twelve midnight and 8:00 a.m. of the following morning. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction in his judgment is necessary to protect surrounding residential areas. .0809 Liability Insurance. As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Risk Manager Planning Services Division a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of one million dollars combined single limit per occurrence. The applicant shall furnish the Risk Manager Planning Services Division an endorsement to said policy naming the City of Anaheim, its officers, agents and employees as additional insureds. The said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Anaheim. .0810 Lighting. All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties. .0811 Paving. All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Building Department may prescribe the type of amusement activity, the type of area being used, its proximity to other areas, and the length of time for which the permit is issued. .080 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. 61 .090 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .100 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .110 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Section 18.38.240 Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .120 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .1201 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). .1202 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. .1203 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. .1204 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .130 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 24. That Section 18.38.245 (Special Event Regulations within the Platinum Triangle) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.245 SPECIAL EVENT REGULATIONS WITHIN THE PLATINUM TRIANGLE. In addition to the provisions contained in Sections 18.20.150, 18.38.225 and 18.38.230 18.38.240, the following shall also apply to the area described as The Platinum Triangle as described in the Platinum Triangle Master Land Use Plan. .010 Temporary display of banners shall be limited to the following: .0101 One banner shall be allowed to be displayed on the premises, provided that the banner is used in association with an on-site special event; the message on the banner will be limited to the name, logo of the business and/or the event. 62 .020 Prohibited advertising and display. .0201 Outdoor displays and/or sales of merchandise or promotional materials in a location that is visible from a public right-of-way and/or adjacent property; .0202 Inflatable advertising displays; .0203 Outdoor advertising of merchandise, products and/or services; .0204 Roof-mounted displays of flags, banners, balloons, inflatable devices, or similar displays; .0205 Display of pennants or pennant-type banners in a location that is visible from a public right-of-way and/or adjacent properties; .0206 Flags, banners or balloons displayed in a landscape area or on a fence; and .0207 Balloons, worn, frayed or faded flags. .030 Carnivals & Circuses. In addition to the requirements contained in Section 18.38.240 18.38.095 (Carnivals and Circuses) a conditional use permit shall be required for Carnivals & Circuses. .040 Stadium District and Arena District. Special Events in these districts shall be processed in accordance with the application requirements listed in 18.38.240 (Special Events). .030 Special Event Permits in Stadium District Sub-Area A in the Arena District are not limited to the events or requirements listed in 18.38.240 18.38.225 and 18.38.230 and are subject to approval of the Planning and Building Director. .0301 Special Event Permits in Stadium District Sub-Area A in the Arena District are not limited to the events or requirements listed in 18.38.240 and are subject to approval of the Planning and Building Director. .040 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display. .050 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied. .060 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches. .070 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs. .080 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director 63 finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. .0801 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees). . 0802 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review. . 0803 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision. . 0804 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). .090 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. SECTION 25. That Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General 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: 18.40.040 STRUCTURAL SETBACKS AND YARDS. .010 General. Except as hereinafter provided, every front, side or rear yard created by a required setback shall be open and unobstructed from the ground to the sky; no setback or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a setback or open space for any other building; and no setback or open space on any adjoining property shall be considered as providing a setback or open space for a lot whereon a building is to be erected. All yards and setbacks shall be landscaped as provided by this title. .020 Measurements. Required street and front setbacks are intended to provide an adequate landscaped buffer between buildings and the adjacent public or private streets or easements that provide vehicle access to the underlying lot. .0201 Street Setbacks for Non-Residential and Multiple-Family Residential Lots. The minimum setbacks for all non-residential and multiple-family lots and parcels adjoining one or more public or private streets or vehicle easements shall be measured from the closest building to the closest of the following: .01 The ultimate right-of-way of any adjacent public street or arterial highway; .02 The edge of any adjacent private street; and .03 The edge of any recorded private vehicle access easement. .0202 Setbacks for Single-Family Residential Lots and Parcels. All structures shall maintain a minimum setback measured from the property line, or the following, whichever is closer: .01 The ultimate right-of-way of the adjacent public street or arterial highway; or .02 The closest edge of any adjacent private street; or 64 .03 The closest edge of any recorded private vehicle access easement. .0203 Setbacks for Attached Accessory Buildings. If an accessory building is attached to the main building and is structurally part of and has a common wall or roof with the main building, it shall comply in all respects with the requirements of the underlying zone applicable to the main building, including side and rear setbacks, unless otherwise specified by the underlying zone. .030 Setbacks Adjacent to Freeway Right-of-Way. Any building wall containing any window, door or other opening therein, shall be located not less than ten (10) feet from any freeway right-of-way line, or such greater distance as may be required pursuant to any other provision of this Code. .040 Institutional Uses Adjacent to Residential Zones or Residential Uses. All buildings used for educational purposes, for institutional purposes classified as Community Assembly in Day Care Centers, Educational Institutions-General, or Community & Religious Assembly as identified by Chapter 18.36 (Types of Uses), or for similar purposes, shall have a landscaped setback of fifteen (15) feet from every boundary line of a property in any residential zone or a property developed with any residential use. Associated designated play areas shall also comply with this fifteen (15)-foot setback requirement. Parking areas shall comply with the structural setback requirements of the underlying zone. .050 Setbacks on Through Lots. Both the front and back of a structure on a through lot shall be subject to the front setback requirements of the underlying zone; provided, however, one of the yards may be considered a rear yard if no access is provided from the street and the adjacent lots have no access from the same street, or access rights to that street have been dedicated. .060 Setbacks on Lots Adjacent to Another Jurisdiction. If a lot abuts another city or county boundary, the setback from the boundary line shall be determined based upon the land use and zone of the abutting city or county. .070 Measurement of Rear Setback Depth Adjacent to an Alley. Where a rear yard abuts an alley, one-half (1/2) of the width of the alley may be considered as applying to the depth of the rear setback, if the required setback is no less than twenty-five (25) feet. SECTION 26. That Subsection .040 (Dwellings–Single-Family Detached) of Section 18.42.030 (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: .040 Dwellings–Single-Family Detached. The minimum required number of off-street, on-site parking spaces for Single-Family Detached Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces 5 or fewer bedrooms 4 (2 in a garage) 6 or more bedrooms 4 (2 in a garage), plus 1 additional space per bedroom over 6 5 bedrooms 65 SECTION 27. That Table 42-A (Non-Residential Parking Requirements) of Section 18.42.040 (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. 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. 66 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Automotive–Sales Agency Office 4 spaces per 1,000 square feet of GFA. Automotive-Impound Yards Requires parking demand study per paragraph 18.42.040.010.0108. 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. 67 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 Shelters (50 or fewer occupants) 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. 68 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Emergency Shelters (more than 50 occupants) 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. 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. Farmers Market Requires parking demand study per paragraph 18.42.040.010.0108. 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. Hospitals Requires parking demand study per paragraph 18.42.040.010.0108. Hotels 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 69 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces 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. Mortuaries Requires parking demand study per paragraph 18.42.040.010.0108. 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. 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. 70 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces 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. 71 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Restaurants–General 20 seats or less: 5.5 4 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. 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-ways). Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0108. 72 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces 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%. 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 28. That Section 18.42.060 (Parking Dimensions and Access) 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: 18.42.060 PARKING DIMENSIONS AND ACCESS Except as otherwise provided herein, the following minimum standards shall apply: .010 Minimum Dimensions of Vehicle Accessways. The minimum turning radius of any vehicle accessway shall be in accordance with the applicable City Standards pertaining to minimum off-street parking dimensions; provided, further, that all covered or enclosed residential parking spaces shall have a minimum clear vertical access height of not less than nine (9) feet.. .020 Driveway Locations for Single-Family Residences. 73 .0201 Driveway locations for single-family residences shall comply with the Planning Standard (Driveway Locations for Single-Family Residences), as approved by the Planning Director. The curb cut shall be approved by the Public Works Department. .0202 Single-family residences that have legal access to a public alley shall not take vehicle access directly onto a public street unless the Planning Director determines that at least one of the following conditions exist: .01 That access to the public alley is not feasible because of existing permanent obstructions that preclude access to code-required parking; or .02 That a minimum of seventy-five percent (75%) of the lots within 1,000 feet on either direction and on the same side of the street have direct vehicle access to the public street. .0203 The decision of the Planning Director may be appealed to the Planning Commission pursuant to Chapter 18.60 (Procedures). .030 Gated Vehicular Accessways. Gated vehicular accessways shall comply with the applicable City Standards pertaining to vehicular accessways. .040 Minimum Dimensions of Parking Spaces. All parking spaces shall be designed, improved and maintained in compliance with the applicable City Standards pertaining to disabled person’s parking, minimum off-street parking dimensions, and parking dimensions for structures. .050 Screening. Any required covered parking spaces shall be visually screened by solid components amounting to not less than fifty percent (50%) of each wall. Such screening may consist of solid walls, wood latticework, or other architectural devices. .060 Parking Surfaces. All vehicle parking and outdoor storage areas shall be fully paved with a solid materials, such as concrete or asphalt. SECTION 29. That Subsection .080 of Section 18.42.120 (Shared Parking Permits) 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: 18.42.120.080 DECISION. .080 Decision. The decision of the Planning Director is final, unless appealed to the City Council Planning Commission within ten (10) days after the date the decision is made. SECTION 30. That new Section 18.42.130 (Outdoor Dining Parking Permits) 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: 18.42.130 OUTDOOR DINING PARKING PERMITS. This section sets forth the procedures for processing an application for Outdoor Dining Parking Permits when such a permit is allowed pursuant to Section 18.38.220 (Restaurants – Outdoor Seating and Dining). .010 Application. An application, on a form approved by the Planning Director, for an Outdoor Dining Parking Permit shall be filed with the Planning Department. 74 .020 Required Documentation. The Outdoor Dining Parking Permit shall include documentation that specifies the number and location of the on-site parking spaces used for outdoor dining. .030 Standards. The standards for location, design and operation of outdoor dining parking permits shall comply with the City of Anaheim Outdoor Dining Parking Permit Guidelines to be made available by the City. The Planning and Building Director may require additional conditions for the location, design and operation of the outdoor dining. In addition, any outdoor dining parking permit subject to the terms of this Chapter shall conform to all of the following requirements: .0301 The outdoor dining area shall be compatible with the design of the restaurant building in a manner that is safe, provides proper access and is fully visible from the restaurant. .0302 The outdoor dining area shall not be located in a manner which interferes with the flow of pedestrian or other traffic, or which creates a potential threat to public safety, as determined by the City Engineer or Fire Marshal; .0303 The dining area shall be kept in a good state of repair and in a safe, sanitary and attractive condition; .0304 The dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities and will not compromise the safe use of any public walkway or other right-of-way. Permitted locations shall be reviewed by the City Engineer after consideration of the above and other relevant factors in relation to the proposed site. The City Engineer may, in his or her discretion, place additional conditions upon the issuance of such permit in order to ensure the protection of the public health and welfare and public property. .040 Operation. The issuance of an Outdoor Dining Parking Permit shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use, as contained in the parking analysis that formed the basis for approval of the permit. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking analysis shall be deemed a violation of the permit, which shall subject the permit to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). .050 Issuance or Denial of Permit. If the Planning and Building Director determines that all provisions of this section are, or will be, complied with and all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. Properties that are issued a permit pursuant to this section are not required to obtain a parking variance in addition to this permit. .060 Revocation of Permit. Violation of any of the provisions set forth in this section may be considered cause to revoke a permit. Permits may be revoked by the Planning and Building Director due to detrimental circumstances that may include, but are not limited to, the following: 75 .0601 Unforeseen increased demand and competition for parking spaces within the parking lot or upon the public streets in the immediate vicinity of the proposed use; .0602 Increased traffic congestion within the parking lot; .0603 Restricted vehicular access to the parking lot or adjacent uses. .070 Permit Fee. A fee may be charged per Chapter 18.80 (Fees). .080 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made. SECTION 31. That Table 46-B (Permitted Fences and Walls) of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) 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 46-B Permitted Fences and Walls Zones Single-Family Residential Multiple- Family Residential Commercial Industrial Public and Special- Purpose Special Provisions Within Required Front or Street Setbacks Maximum Height 3 feet, except as provided herein 6 feet in RH- 1 and RH-2 Zones*, except as provided herein 3 feet, except as provided herein 3 feet, except as provided herein 3 feet to 6 feet**, except as provided herein 3 feet, except as provided herein *Subject to § 18.46.110.060 (Front Yards) **3 feet in min. landscaped setback, 6 feet decorative and landscaped wrought iron at back of min. landscaped setback; Material Limitations No barbed wire or chain link No barbed wire or chain link No barbed wire or chain link No barbed wire where visible to public right- of-way (excl. alleys) or non-industrial property No barbed wire or chain link Within Vacant Lots & Construction Sites Maximum 6 feet chain link permitted Maximum 6 feet chain link permitted Maximum 8 feet chain link permitted Maximum 8 feet chain link permitted Maximum 8 feet chain link permitted Subject to § 18.46.110.050.0501 (Permitted Use of Chain Link Fencing) Abutting arterial highways or scenic expressways Height determined by approval authority based on sound N/A N/A N/A N/A Subject to § 18.46.110.040 (Residential Areas Adjacent to Major Rights-of- Way) and 18.46.110.060 (Front 76 Table 46-B Permitted Fences and Walls Zones Single-Family Residential Multiple- Family Residential Commercial Industrial Public and Special- Purpose Special Provisions attenuation study Yards) and Chapter 18.62 (Administrative Reviews) Within Required Side, Rear, or Interior Setbacks All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in all zones Additional Fencing: Maximum Height 6 feet 6 feet 6 feet 6 feet 6 feet 8 feet required, if residence abuts non- residential use Permitted Material No barbed wire No chain link, if visible to public right-of-way other than alley No barbed wire or chain link No barbed wire or chain link No barbed wire visible to public right-of-way No barbed wire Tennis, Paddleball, etc. 10 feet chain link, but not in front yard and street side of reverse corner lot 10 feet chain link, but not in street setback 10 feet chain link, but not in street setback None 10 feet chain link, but not in street setback Abutting arterial highways, or scenic expressways, or freeways & toll roads 6 - 8 feet Additional height determined by approval authority based on sound attenuation study Maximum 8 feet Maximum 8 feet Maximum 8 feet Maximum 8 feet Subject to § 18.46.110.040 (Residential Areas Adjacent to Major Rights-of- Way) and 18.46.110.060 (Front Yards) Abutting Public Alleys 6-8 feet 6-8 feet 6-8 feet 6-8 feet 6-8 feet Subject to § 18.46.110.080 Notes on Table 46-B: 1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential. 2. Properties zoned “T,” that are not developed with a residential use, shall not be treated as residential. SECTION 32. That Subsection .060 of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 77 18.46.110.060 FRONT YARDS. .060 Front Yards. Fences, walls, hedges and berms located in a front yard shall comply with the additional provisions of this subsection. Except as otherwise provided in Section 18.46.100.040 (All vegetation), the maximum height of any fence, wall, hedge or berm, shall not exceed three (3) feet within any required front yard setback area or street side setback on a reverse corner lot or reverse building frontage on a corner lot. .0601 Pilasters and light fixtures in conjunction with a front yard fence or wall are permitted to a maximum height of four (4) feet at a minimum distance of eight (8) feet on center, subject to review and approval for line-of-sight visibility. .0602 In the RH-1 and RH-2 Zones, fences constructed of wrought iron or other similar types of decorative open-work metal fences, excluding chain link, may be permitted to a maximum height of six (6) feet, provided that (i) the solid portion of the fence does not constitute more than twenty percent (20%) of the total surface area, and (ii) the fence does not obstruct any vehicular or pedestrian line-of-sight, subject to approval by the City Traffic and Transportation Manager. Pilaster caps, light fixtures and other similar decorative features and vehicular or pedestrian access gates in conjunction with a front yard fence or wall may be permitted up to a maximum height of eight (8) feet; provided that the fence does not obstruct any vehicular or pedestrian line-of-sight, subject to approval by the City Traffic and Transportation Manager. .0603 On properties developed with single-family or multiple-family residential uses, hedges greater than three (3) feet in height shall be permitted except for areas within seven (7) feet of the adjacent public right-of-way. Hedges higher than three (3) feet and within seven (7) feet of the adjacent public right-of-way may be approved by the City Traffic and Transportation Manager if he or she determines that they do not impact line- of-sight visibility. .0604 Sound attenuation fencing along arterial streets. In all zones, except the “RM-1” Zone, lots developed with single-family residences and abutting either a major highway, a scenic expressway, or a primary arterial highway, as designated on the General Plan, and has alley access with no driveway along the arterial street, shall be permitted to have fences or walls not to exceed eight (8) six (6) feet in height subject to the approval of an administrative review as set forth in Chapter 18.62 (Administrative Reviews). The administrative review shall be subject to the following additional requirements. .01 Walls, fences and screen type planting exceeding three (3) feet in height at street intersections shall be subject to review and approval by the City Traffic and Transportation Manager for line-of-sight visibility. .02 A ten (10) three (3) foot-wide landscaped area shall be provided between the fence or wall and the public right-of-way. Said fence shall also be planted with clinging vines to prevent graffiti. 78 SECTION 33. That Subsection .120 of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.46.110.120 CRIB AND RETAINING WALLS. .120 Crib and Retaining Walls. In addition to the requirements identified in Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code, crib and retaining walls shall comply with the following provisions. In the event that the crib and retaining wall provisions contained in this chapter conflict with those contained in Chapter 17.06, the provisions of this chapter shall prevail. .1201 The height of crib and retaining walls visible to public rights-of-way, public trails or private streets shall be six (6) feet or less, as measured from the grade on the side of the wall that is visible to the public right-of-way, public trail or street; provided, that an additional six (6) feet in height may be allowed if the additional six (6) feet is reconfigured to a minimum of two (2) three-foot high steps or three (3) two-foot high steps, with a minimum two (2) foot separation between all walls. Groundcover shall be planted in the separation areas, cascading over the step(s) to substantially obscure the wall. The height of such walls under any conditions shall not exceed twelve (12) feet, as measured from the lowest adjacent grade. .1202 The height of crib and retaining walls not visible to public rights-of-way, public trails or private streets shall be fourteen (14) feet or less, as measured from the lowest adjacent grade. .1203 All crib walls and retaining walls visible to public rights-of-way, public trails, private streets or adjacent residential properties shall be constructed with landscaping and irrigation facilities. The landscaping and irrigation facilities shall be included on the landscaping and irrigation plan to be approved by the Planning Department prior to issuance of the grading permit. For crib walls, a “mist” irrigation system at the top of the wall is preferred but a “drip” irrigation system is an acceptable alternative. Landscaping of retaining walls shall include a combination of shrubs, non- deciduous vines and trees planted and maintained in a manner to screen the retaining wall from public view. The landscaping and irrigation facilities shall be continually maintained in a manner that ensures ongoing screening. SECTION 34. That Subsection .020 of Section 18.62.040 (Administrative Adjustments) of Chapter 18.62 (Administrative Reviews) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.62.040.020 TYPES OF ADJUSTMENTS. .020 Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters: .0201 Dimensional requirements for front setbacks: up to twenty percent (20%). .0202 Parking requirements: .01 A deviation of 20% or less from the requirements of Section 18.42.040 may be processed subject to Section 18.42.050 (Location of Parking and Off- Site Parking Arrangements) and Section 18.42.120 (Off-Site Parking Permits). 79 .02 A deviation of up to 50% for a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92- 1 (SP 92-2) Zone, and the Hotel Circle Specific Plan No. 93-1 (SP 93-1) that incorporates dedicated parking and loading for Transportation Network Company vehicles. .0203 Maximum wall and fence height increases to eight (8) feet within required side, rear, or interior setbacks in Single-Family Residential Zones subject to the required findings of Section 18.74.060. .0204 All other dimensional or percentage limitations or requirements of this Title, except residential floor area: a maximum deviation of ten percent (10%). .0205 Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residential zone separating any non- residential from an adjacent residential zone where the additional height is required to minimize negative impacts to the residential use. .0206 Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060. .0207 Garage location and access requirements. .0208 Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) of Chapter 18.42 (Parking and Loading). .0209 Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010 (Wall Signs and Other Types of Signs): a deviation of up to twenty percent (20%) may be approved by the Planning Director. .0210 Maximum wall and fence height requirements for single-family homes with alley access on certain arterial highways to provide sound attenuation subject to the requirements of Section 18.46.110.060.0604. SECTION 35. 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." See “General Plan Density – Maximum.” 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. 80 "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. "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 36. 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. "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 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 81 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, exclusive of any land dedications or roadway access easements. "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, 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 37. That Section 18.92.180 ("O" 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: 18.92.180 "O" WORDS, TERMS AND PHRASES "Operator." As referenced in Section 18.16.070 means the person signing the operator's permit application as required pursuant to Section 18.16.070.030 and whose 82 name appears on the Operator's Permit as the person responsible for the day to day operations of the Massage Establishment. "Outdoor Dining Area." An outdoor patio area where tables and chairs are provided exclusively for the seating, service and/or consumption of meals immediately adjacent to, in conjunction with a restaurant, which provides more than ten (10) cumulative seats for patrons of the restaurant, and which: (i) is entirely enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, or other decorative barriers, which physically define and/or separates the outdoor dining area from other open or public areas; (ii) does not encroach into any public right-of-way or required setback or yard area established by this Code; and (iii) obtains primary access from the interior of the restaurant it serves; and (iv) is included in the total gross floor area to establish the restaurant parking requirement, if the outdoor dining area exceeds 1,000 square feet. Outdoor dining areas may include accessory food preparation facilities. "Outdoor Seating." An outdoor area immediately adjacent located in close proximity to a restaurant where tables and chairs are provided exclusively for the seating and/or consumption of meals and/or nonalcoholic beverages by patrons of a restaurant, which area provides a maximum of ten (10) fifteen (15) seats. Outdoor Seating is differentiated from Outdoor Dining Areas by the movable nature of furniture and lack of permanent physical improvements and/or separately identifiable space. "Oversized Vehicle." As referenced in Section 14.32.206.010.001. "Owner." As referenced in Section 18.16.070 means any person or entity having an ownership interest in the Massage Establishment. SECTION 38. That Subsection .020(f) (Minimum Number of Parking Spaces) of Section 18.110.040 (Site and development standards) of Chapter 18.110 (East Center Street Development Specific Plan No. 90-2 (SP 90-2)) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: (f) Minimum Number of Parking Spaces. Based on the combination of uses proposed, the following minimum number of parking spaces shall be provided. For the parking spaces to be located in the Center Street Parking Structure, a parking lease agreement between the applicant and the Agency which is satisfactory to the City Attorney and the City Engineer shall be in effect prior to issuance of a certificate of occupancy. 1. Residential Uses. For each dwelling unit there shall be provided not less than two and one-half (2.5) parking spaces. At least two and one-tenth (2.1) parking spaces per unit shall be covered and located on-site (for a total of not less than two hundred twelve (212) spaces). The remaining parking spaces (not more than four-tenths (0.4) parking spaces per unit) shall be provided in the Center Street Parking Structure (for a total of not more than forty (40) spaces). 2. Commercial Uses. Minimum Off-Street Parking and Loading Requirements. All parking and loading areas shall comply with Chapter 18.42 (Parking and Loading). A minimum of five and one-half (5.5) parking spaces per one thousand (1,000) square feet of gross floor area of commercial/retail uses Parking spaces shall be provided on-site or as otherwise agreed to shall be provided in the Center Street Parking Structure (for a total of not less than thirty-six (36) spaces). SECTION 39. SEVERABILITY. 83 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 40. 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 41. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. /// /// /// /// /// /// 84 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2021, 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 Page 1 of 8 Draft Ordinance ZCA2021-00179, SPN90-2C Summary of Amendments Ordinance Section Municipal Code Chapter(s) Description/Analysis 1 18.04 (Single-Family Residential Zones) Single-Family Residential Zones: This amendment clarifies that only “enclosed” accessory structures shall count against the cumulative maximum square footage of detached structures in single-family residential zones, and that unenclosed structures such as swimming pools, tennis courts, etc. do not count towards this limitation. 2, 3 18.06 (Multiple-Family Residential Zones) Multiple-Family Residential Zones: This amendment clarifies and streamlines multiple- family residential projects: • Private Patios – Clarifies that the Code permits encroachment for private patios for ground floor residential units of up to eight (8) feet into required street setbacks and setbacks abutting interior property lines. • Recreational-Leisure Areas – Streamlines multiple-family residential development by providing a ratio of common to private areas and a minimum amount of required common area. 4, 15 18.08 (Commercial Zones) 18.38 (Supplemental Use Regulations) Conversion and Continued Use of Residential Structures: This amendment provides regulatory relief and consistency by removing a code section that is no longer relevant and is not consistent with other Commercial Zone requirements. The amendment removes the code section outlining requirements for the commercial use of a residential structure and adds clarification that the conversion or continued use of a residential structure within a C- G or O-L zone to a commercial use requires a conditional use permit. 5,6, 7, 8, 9, 25 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) 18.40 (General Development Standards) Educational Uses Adjacent to Residential Zones: This amendment provides clarification by updating the description of buildings used for educational purposes to specifically encompass those used for Day Care Centers, Educational Institutions – General, or Community and Religious Assembly. This amendment also updates the Primary Use Tables within the Single-Family Residential, Multiple-Family Residential, Commercial, and Industrial Zones to require the above uses to comply with this amendment. ATTACHMENT NO. 2 Page 2 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 9 18.14 (Public and Special-Purpose Zones) Stealth Ground-Mounted Telecom in Public and Special-Purpose Zones: This amendment provides regulatory relief by changing the permitting requirements for stealth ground-mounted telecommunications antennas in Public and Special- Purpose Zones. The amendment would change the permitting from a Conditional Use Permit to a Telecommunications Antenna Review Permit consistent with the permitting requirements in Commercial and Industrial Zones and FCC6409, which requires application determination from municipalities within 150 days. The amendment also clarifies that the Zoning Code prohibits non-stealth ground-mounted telecommunications antennas within the Public and Special Purpose Zones. The following zones are Public and Special Purpose Zones: • “OS” Open Space Zone • “PR” Public Recreational Zone • “SP” Semi Public Zone • “T” Transition Zone 10 18.36 (Types of Uses) Day Care Centers: This amendment provides regulatory relief by removing the minimum amount of children required for a day care use. The amendment also brings the requirements for a day care use in line with the State law definition, which does not include a minimum number of children. 11, 12, 13 18.38 (Supplemental Use Regulations) Accessory Dwelling Units: This amendment provides regulatory relief and streamlines development by allowing ADUs to be constructed above existing nonconforming structures located within the front setback. This amendment also removes the requirement for detached accessory dwelling units to be architecturally compatible with the main unit. unless the property is located within a historic district. Page 3 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 16 18.38 (Supplemental Use Regulations) Ground-Mounted Mechanical and Utility Equipment: This amendment provides regulatory relief by removing the limitation on placing ground-mounted equipment in street setback areas. Electrical transformers, backflow prevention devices, and double check detector assemblies shall still be located a minimum of five (5) feet from the property line, except in single-family zones, but the amendment would no longer require the equipment to be placed outside of the street setback. Additionally, the amendment requires the screening of equipment with live landscaping if located within a required structural setback area abutting any public or private street. 17 18.38 (Supplemental Use Regulations) Outdoor Storage: This amendment provides consistency within departmental practices by updating the type of ground material required for outdoor storage. “Gravel” is replaced by “crushed angular rock”, which is the more specifically appropriate material for outdoor storage yards to reduce dust and runoff. Page 4 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 18, 30, 37 18.38 (Supplemental Use Regulations) 18.92 (Definitions) Outdoor Dining Requirements: The previously proposed amendment would: • Allow the conversion of up to three parking spaces to outdoor dining space • Update the definition of, “outdoor dining”, in order to provide clarity on the use • Remove the requirement for the outdoor dining to be accessible directly from the restaurant, if the use does not include the sale of alcohol • Require the restaurant to enclose the outdoor dining area with permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas. Staff has incorporated the following changes in response to the questions posed by the Planning Commission: • The conversion of parking spaces to outdoor dining spaces would be limited to restaurants within Commercial Retail Centers – Large; • The amendment creates an Outdoor Dining Parking Permit that outlines requirements regarding health, safety and design. • The Outdoor Dining Parking Permit would require the dining area to be: o Compatible with the design of the restaurant building in a manner that is safe, provides proper access and is fully visible from the restaurant o Designed in a manner which does not interfere with the flow of pedestrian or other traffic o Maintained in a good state of repair and in a safe, sanitary and attractive condition Page 5 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 26, 28 18.42 (Parking and Loading) Residential Parking Requirements: This amendment clarifies: • Residential Parking Requirements – Clarifies parking space requirements based on number of bedrooms in single-family, detached dwellings. This amendment provides clarity that one (1) additional parking space per bedroom over five (5) bedrooms is required. • Vehicle Access from Public Streets – Clarifies that lots within 1,000 feet in either direction may count towards the seventy-five (75%) minimum requirement for direct vehicle access. Page 6 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 27, 28, 38 18.42 (Parking and Loading) 18.110 (East Center Street Development Specific Plan No. 90-2) Non-Residential Parking Requirements: This amendment provides clarity and consistency: • Automotive - Impound Yards – This amendment provides clarity on parking requirements for Automotive – Impound Yards by adding the use to the Non- Residential Parking Requirements table. • Parking Garage Dimensions and Accessways – This amendment provides consistency between City departments and industry standards by removing the code section regulating residential parking garage dimensions and accessways. Such projects will be required to follow applicable City and Building Code standards. • East Center Street Parking Structure – This amendment increases consistency within city parking standards by referring the commercial parking requirements for the East Center Street Parking Structure to the general parking section. • Fast Food/ Take Out Restaurant Parking – Aligns parking requirements for fast-food/ take out restaurant parking, which is included under parking for Restaurants – General, with Retail Sales – General. The requirements for these two uses were previously the same; however, when the parking requirement for Retail Sales – General was reduced to 4 spaces per 1,000 square feet of gross floor area, Restaurants –General stayed at 5.5 spaces per 1,000 sq. ft. of GFA. This amendment re-aligns the parking requirements for both above uses. It also will provide regulatory relief since the reduction of required parking spaces will eliminate the requirement for a parking tabulation when a new restaurant takes over a retail space within a shopping center. Page 7 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 32, 33, 34 18.46 (Landscaping and Screening) Sound Attenuation: This amendment pertains to homeowners with single-family residences abutting either a major highway, scenic expressway, or primary arterial highway that have alley access with no driveway along the arterial street. This amendment reduces the required landscape setback area in the above locations, between fences and walls and the public right-of-way, from 10 feet to three feet; however, it also reduces the maximum permitted wall or fence height from eight feet to six feet. The proposed amendment would allow these homeowners to construct walls or fences up to six feet in height, outside of the three-foot setback area, subject to administrative review. Retaining Wall Landscaping Requirements: This amendment provides clarity that the Zoning Code only requires crib walls and retaining walls that are visible to public rights- of-way, public trails, private streets or adjacent residential properties, to be constructed with landscaping and irrigation facilities. 14, 19, 20, 21, 22, 23, 24 18.38 (Supplemental Use Regulations) Special Events: This amendment provides for clarity of the special event permit requirements by separating the four components that currently exist within one section into four individual sections. Application procedures were added to these four sections, along with special event regulations within The Platinum Triangle section, for consistency purposes. The four sections are as follows: • Flags and Banners • Outdoor Activity • Christmas Tree Lot and Pumpkin Patches • Carnival and Circuses This amendment also allows for flags and banners for newly constructed homes or condominiums for up to two (2) years and up to six (6) months for new apartment complexes. Page 8 of 8 Ordinance Section Municipal Code Chapter(s) Description/Analysis 7, 29, 31, 35, 36 18.08 (Commercial Zones) 18.46 (Landscaping and Screening) 18.92 (Definitions) Grammatical Errors, Incorrect References and Internal Consistency: These amendments correct grammatical errors, update incorrect references and create internal consistency of terminology throughout the Zoning Code related to the following items: • Smoking Lounge (Ordinance Section 7) – This amendment corrects a typographical error that duplicates the Smoking Lounge use within the Commercial Zone Primary Use Table. • Appeal Provisions for Shared Parking Permits (Ordinance Section 29) – This amendment corrects a typographical error, which states the City Council has appeal authority over shared parking permit review. The amendment replaces that authority with the Planning Commission, which is consistent with current practice. • Permitted Fences and Walls (Ordinance Section 31) – This amendment provides consistency for permitted fences and walls by adding freeways and toll roads to the list of locations under the Permitted Fences and Walls Table. • Density Definitions (Ordinance Section 35) – This amendment provides consistency between conflicting definitions for “Density” and “General Plan Density – Maximum”. The outdated definition for “Density” will be deleted and “Density” will refer to the definition for “General Plan Density – Maximum”. • Floor Area Ratio (Ordinance Section 36) – This amendment clarifies the definition of “Floor Area Ratio” to exclude dedications and roadway easements. 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: SEPTEMBER 27, 2021 SUBJECT: ZONING CODE AMENDMENT NO. 2021-00179 AND ADJUSTMENT NO. 3 TO THE EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SPN90-2C) CODE STREAMLINING AND IMPROVEMENT PROGRAM LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend various chapters of Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide clarity, create consistency of terms and definitions, streamline approval processes and amend Code requirements to reflect current market trends. The proposed Zoning Code Amendment (ZCA) includes adjustments to the East Center Street Development Specific Plan. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed actions are not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines; and, recommend City Council approval of ZCA2021-00179, including Adjustment No. 3 to the East Center Street Development Specific Plan No. 90-2 (SPN90-2C). BACKGROUND: In 2004, the City comprehensively updated its Zoning Code. Since that time, the City has amended the Code on an as-needed basis as the result of staff’s periodic review of the Code. These periodic amendments have evolved into the Planning and Building Department’s award winning “Code Streamlining and Improvement Program.” This program strategically evaluates and amends the Zoning Code on a continuous basis in response to market and business trends. Such amendments included the consolidation and streamlining of the regulatory permit process, reduction in the level of review required for several land uses, creation of an administrative permit process for reviewing requests for shared parking, and the creation of a Minor Conditional Use Permit. PROPOSAL AND ANALYSIS: In a continued effort to provide regulatory relief, staff has reviewed Anaheim’s existing Zoning Code and permitting practices to identify additional potential changes to further streamline the entitlement process for existing and new businesses in the City. The Zoning Code includes several chapters of Zoning and Development Standards for the City’s specific plans. The City processes modifications to these specific plan chapters as Specific Plan Adjustments. Attachment 3 ZONING CODE AMENDMENT NO. 2021-00179 September 27, 2021 Page 2 of 2 Similar to previous amendments, this request includes modifications to permitted land uses, development standards, procedures, and definitions contained in the Zoning Code. Attachment 1 to this staff report shows the redlined changes to Title 18; Attachment 2 provides a description of each amendment and an analysis of why the Planning Commission should recommend that the City Council approve the amendment. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the CEQA Guidelines. Pursuant to this section, the proposed amendments and adjustments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, and amend Code requirements to reflect current market trends, the proposed adjustments and amendments will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA. CONCLUSION: Staff recommends approval of this request, for the reasons set forth in Attachment No. 2, which in summary are to provide staff, decision makers, and members of the public with clearer standards, procedures and definitions. Prepared by, Submitted by, Christine Nguyen Niki Wetzel, AICP Associate Planner Deputy Planning and Building Director Attachments: 1. Draft Redline Ordinance 2. Summary of Amendments