Loading...
5998ORDINANCE NO. 5998 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS, CLARIFICATIONS AND UPDATES (ZONING CODE AMENDMENT 2005-00041) WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920 to amend Title 18 of the Anaheim Municipal Code in its entirety for the purpose of implementing the Land Use Element of the new General Plan, updating the land uses and development standards, modifying the Zoning Code format to make it easier to find land use and development information, and assuring that the Code complies with State statutes and other applicable laws; and that said amendment was designated as Zoning Code Amendment No. 2004-00029; and WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code, provisions of Title 18 may be amended to enhance and preserve the general welfare when adopted by an ordinance of the City' Council in the manner prescribed by law; and WHEREAS, pursuant to subsection .020 of Section 18.76.030 of the Anaheim Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose of (") correcting various errors and omissions; (ii) clarifying certain confusing text; (iii) modifying or updating references to Engineering Standard Details and division titles; (iv) amending certain code regulations pertaining to required landscaped setbacks between freeways and commercial buildings; (vi) conditionally permitting Plant Nurseries in the "T" Transition Zone; (vii) establishing criteria for Carnivals & Circuses; (viii) regulating laundromats in areas having deficient sewer capacity; (ix) amending the parking requirements for multiple -family residential uses; (x) limiting expansion of single-family dwellings with nonconforming parking; (xi) authorizing the Zoning Administrator to consider modifications to the maximum permitted expansion of single-family dwellings with nonconforming parking; (xii) authorizing the Zoning Administrator to terminate certain petitions; and (xiii) authorizing the Planning Director to initiate general plan amendments and reclassifications; and that City Staff has prepared the proposed amendments to Title 18 of the Anaheim Municipal Code designated as Zoning Code Amendment No. 2005-00041; and WHEREAS, the Anaheim City Planning Commission, having reviewed the Zoning Code Amendments initiated by the Planning Director, and having considered the evidence submitted in the Staff Report to the City Planning Commission dated June 27, 2005, pertaining to said amendments, did recommend, by its resolution, that the City Council approve Zoning Code Amendment No. 2005-00041; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA") on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, did certify Final Environmental Impact Report No. 330 and determine that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City Council, and was adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004-00029 and for future discretionary actions described in Environmental Impact Report No. 330 including follow-up actions to correct or otherwise clarify the updated Zoning Code adopted in connection with Zoning Code Amendment No. 2004-00029, such as the proposed Zoning Code Amendment No. 2005-00041; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code amendments; and WHEREAS, the City Council desires to amend title 18 of the Anaheim Municipal Code to further implement the General Plan and to enhance and preserve the general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.04.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.04.030 USES. .010 Primary Uses. Table 4-A (Primary Uses: Single -Family Residential Zones) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 4-B (Accessory Uses and Structures: Single -Family Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 4-C (Temporary Uses and Structures: Single -Family Residential Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 4-A, 4-B and 4-C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; and .0403 "N" designates classes of uses that are prohibited. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 4-A, 4-B or 4-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). K .060 Unlisted Uses. Any class of use that is not listed in Tables 4-A, 4-B or 4-C is not permitted. .070 Development in the "RS -4" Zone. All development in the "RS -4" Zone is subject to the provisions of Section 18.04.160 of this chapter. .080 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 4-A, 4-B and 4-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .090 Overlay Zones. Any property that is located within an overlay zone may be subject to additional requirements as specified in the overlay zone. Table 4-A P Permitted by Right PRIMARY USES: SINGLE-FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS -4 Special Provisions Residential Classes of Uses Dwellings—Single-Family Detached P P P P P P C Mobile Home Parks N N N N N C N Residential Care Facilities P P P P P P P Subject to 18.36.030.050 Non -Residential Classes of Uses Agricultural Crops P P N N N N N Antennas—Private Transmitting P P P P P P P Subject to 18.38.040 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 Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educational Institutions—General C C C C C C C Golf Courses & Country Clubs C C C C C C N Group Care Facilities C C C C C C C Subject to ti 18.36.040.070 Oil Production N N N N N C N Subject to 18.38.180 Public Services C C C C C C C Recreation—Low Impact C C C C C C C Transit Facilities C C C C C C C 3 Table 4-A P Permitted by Right PRIMARY USES: SINGLE-FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS4 Special Provisions Utilities—Minor C C C C C C C Table 4-B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE-FAMILY RESIDENTIAL ZONES N Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS -4 Special Provisions Accessory Living Quarters P P P P P N N Subject to § 18.04.080.020 & § 18.3 8.020 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size of ten (10) acres Animal Keeping P P P P P P P Subject to § 18.38.030, except that in the RH-2 Zone, equine, bovine, sheep, goats & swine may be kept, stabled, tethered or otherwise maintained on minimum 22,000 sq.it. parcels Antennas --Dish P P P P P P P Subject to § 18.3 8.050 (may require a CUP) Antennas—Receiving P P P P P P P Subject to § 18.38.050 Day Care—Large Family P P P P P P P Subject to §18.38.140 Day Care—Small Family P P P P P P P Fences & Walls P P P P P P P Subject to § 18.40.050; this use may occur on a lot with or without a dwelling. Greenhouses—Private P P P P P N N Home Occupations P P P P P P P Subject to § 18.3 8.130 Landscaping & Gardens P P P P P P P Subject to Chapter 18.46; this use may 4 Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P C N Permitted by Right Conditional Use Permit Required Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS4 Special Provisions RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS4 Special Provisions Contractor's Office & Storage P P P P P N occur on a lot with § 18.38.105 Real Estate Tract Office P P N N N N N The office shall be or without a removed at the end of two (2) years dwelling. Mechanical & Utility Equipment— P P P P P P P Subject to Ground Mounted § 18.38.160 Mechanical & Utility Equipment — N N N P P P P Subject to Roof Mounted § 18.3 8.170 Parking Lots & Garages P P P P P P P To serve needs of primary use only; 4 -car limit for garages in RS -1 and RS -2 Zones Petroleum Storage—Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Second Units P P P P P P N Subject to • § 18.38.230 Solar Energy Panels P P P P P P P Must be mounted on the roof parallel to the roof plane Senior Second Units C C C C C C N Signs P P P P P P P Subject to Chapter 18.44 .100 Design Compatibility of Detached Accessory Structure. Any detached structure that is used to accommodate an accessory use listed in Table 4-B (Accessory Uses and Structures: Single -Family Residential Zones) and that is more than one hundred twenty (120) square feet in total floor area shall not have metal, vinyl, or plastic siding unless the main structure has similar metal, vinyl, or plastic siding. Table 4-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE-FAMILY RESIDENTIAL ZONES N Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS4 Special Provisions Contractor's Office & Storage P P P P P N N Subject to § 18.38.105 Real Estate Tract Office P P N N N N N The office shall be removed at the end of two (2) years from the date of the recording of the 5 Table 4-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE-FAMILY RESIDENTIAL ZONES N Prohibited RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS -4 Special Provisions subdivision map or the sale of the last house, whichever is earlier Real Estate Tract Signs P P P P P P P Subject to Chapter 18.44 Special Events P P P P P P P Subject to § 18.38.240 .110 Additional Restrictions for Temporary Uses. .1101 Cargo containers may be permitted for the storage of construction materials only when building permits have been issued for substantial construction on the site. The containers shall not be used for the storage of furniture or other household items and shall not block vehicular or pedestrian access to the property. .1102 Portable canopies and tarps are not permitted if they are visible from a public right-of-way. In addition, tarps shall not be used as a permanent shield or patio cover where visible to residential uses." SECTION 2. That Table 4-H (Maximum Lot Coverage: Single -Family Residential Zones) of Section 18.04.090 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. That Table 44 (Permitted Encroachments for Accessory Uses/Structures: Single - Family Residential Zones) of Section 18.04.100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 4. That Table 6-A (Primary Uses: Multiple -Family Residential Zones) of Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "C" attached hereto and incorporated herein by this reference. G SECTION 5. That subsection .070 of Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 6-A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit." SECTION 6. That subsection .010 of Section 18.06.160 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Residential Planned Unit Development. All development in the "RM -1" Zone and any development in the "RM -3" or "RM -4" Zones that includes single-family attached dwellings shall be subject to approval by the Planning Commission of an application for a conditional use permit. Except as otherwise specified in this section, the application shall be processed pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Permit). Planned Unit Development is defined in Section 18.92.190 ("P" Words, Terms and Phrases) of Chapter 18.92 (Definitions)." SECTION 7. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "D" attached hereto and incorporated herein by this reference. SECTION R. That Table ' 8-C (Temporary Uses and Structures Primary Uses and Structures: Commercial 'Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "E" attached hereto and incorporated herein by this reference. SECTION 9. That Table 8-F (Minimum Setbacks: Commercial Zones) of Section 18.08.060 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "F" attached hereto and incorporated herein by this reference. SECTION 10. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "G" attached hereto and incorporated herein by this reference. RFC.TION 11 _ That Table 10-C (Temporary Uses and Structures: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "H" attached hereto and incorporated herein by this reference. SECTION 12. That subsection .070 of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 10-A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit." SECTION 13. That Table 14-A (Primary Uses: Public and Special Purpose Zones) of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "I" attached hereto and incorporated herein by this reference. 4FCTION I4_ That Table 14-C (Temporary Uses and Structures: Industrial Zone) of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code bc, and the same is hereby, amended to read as shown in Exhibit "J" attached hereto and incorporated herein by this reference. SECTION 15. That subsection .070 of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 14-A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit." SECTION 16. That subsection .090 of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 8 ".090 Additional Uses in "PR" Zone. The following provisions apply within the "PR" Zone. .0901 In addition to the provisions of Tables 14-A, 14-B or 14-C and consistent with the intent of the "PR" Zone, the following uses, either singly or in combination, are allowed by right as primary uses: .01 Aquatic recreational complexes; .02 Convention center complexes; .03 Municipal auditoriums; .04 Parks, greenbelts, conservation areas and open space; and .05 Stadium and sports arena complexes. .0902 Notwithstanding the provisions of Tables 14-A, 14-B or 14-C, the City may allow any other buildings, structures and uses in the "PR" zone as the City Council or Planning Commission, by resolution, determines are for the benefit of the health, safety and general welfare of the citizens of Anaheim." SECTION 17. That Section 18.22.020 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "18.22.020 APPLICABILITY. The Brookhurst Commercial Corridor (BCC) Overlay Zone may be combined with any zone ("underlying zone") within the Brookhurst Sub -Area of the West Anaheim Commercial Corridors Redevelopment Project Area." QPrTTnN 19, That subsection .020 of Section 18.30.020 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Application to Area. The (DMU) Overlay Zone may be combined with any zone ("underlying zone") within the area described in subsection .010." SECTION 19. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is 0 hereby, amended to read as shown in Exhibit "K" attached hereto and incorporated herein by this reference. SECTION 20. That subsection .050 of Section 18.36.030 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Residential Care Facilities. This Use Class consists of providing twenty- four (24) -hour residential living accommodations for six (6) or fewer persons. Residential Care Facilities are further described in Section 18.92.210 of Chapter 18.92 (Definitions) under "Residential or Group Care Facilities." SECTION 21. That new subsection .060 of Section 18.36.030 be, and the same is hereby, added to Chapter 18.36 of Title 18 of the Anaheim Municipal Code, to read as follows: ".060 Senior Citizen Housing. This Use Class consists of Senior Citizen Apartment Projects and Senior Citizen Housing Developments as defined in Chapter 18.92 (Definitions)." SECTION 22. That subsection .070 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 "G" Use Classes. Golf Courses & Country Clubs. This use class consists of golf courses and related uses such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users, and guests. Group Care Facilities. This Use Class consists of providing twenty-four (24) - hour residential living accommodations for seven (7) or more persons. Group Care Facilities are further described in Section 18.92.210 of Chapter 18.92 (Definitions) under "Residential or Group Care Facilities." SECTION 23. That subsection .160 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".160 "P" Use Classes. Personal Services -General. This use class consists of services and incidental sales of a personal nature not covered by the Personal Services - Restricted use class. Typical uses include beauty salons (including permanent make-up); nail salons; barbershops; diet centers; dry cleaners; laundromats; and art, music and photography studios. 10 Personal Services -Restricted. This use class consists of any business activity for which a permit is required pursuant to Chapter 4.29 (Massage Establishments), except as may be allowed by the Medical & Dental Offices use class; any business activity for which a permit is required pursuant to Chapter 4.31 (Figure Model Studio Establishments); tattoo parlors; saunas; and Turkish baths. Plant Nurseries. This use class consists of the sale and cultivation of ornamental and/or produce bearing trees, shrubs, and plants, including incidental sale or rental of garden and landscape materials and small equipment. Outdoor storage of such materials and equipment is included. Public Services. This use class consists of administrative, clerical, direct service - related, or public contact offices of federal, state, or local government agencies, together with incidental storage and maintenance of government vehicles. This classification includes offices and post offices." SECTION 24. That subsection .180 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".180 "R" Use Classes. Recreation—Bowling & Billiards. This use class consists of bowling alleys and facilities containing pool or billiard tables provided for users other than the occupants/residents of the facility. Recreation—Commercial Indoor. This use class consists of recreational and entertainment operations taking place fully within an enclosed structure. Typical uses include amusement arcades, haunted houses, family fun centers, public dance halls, public entertainment including restaurants with public entertainment, movie and live -performance theaters, studios with live audiences not classified as "Sex -Oriented Business" and any other indoor amusement or entertainment uses not listed elsewhere. Recreation—Commercial Outdoor. This use class consists of establishments providing amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart racing, horse stables, skate parks, water parks, and any other outdoor amusement or entertainment uses not listed elsewhere. Recreation—Low-Irnpact. This use class consists of low impact outdoor recreational uses. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and plazas. Recreation—Swimming & Tennis. This use class consists of outdoor swim clubs and tennis courts. 11 Recycling Services—Consumer. This use class consists of small-scale waste collection facilities as defined as a "reverse vending machine" and "small collection facility" in Chapter 18.48 (Recycling Facilities). Recycling Services—General. This use class consists of large-scale waste collection facilities as defined as a "large collection facility" in Chapter 18.48 (Recycling Facilities). This classification does not include storage of topsoil for use under an approved quarry reclamation plan. Recycling Services—Processing. This use class consists of a waste recycling "processing facility" as defined in Chapter 18.48 (Recycling Facilities). Repair Services—General. This use class consists of on-site repair and incidental sales of supplies for large consumer items and business equipment such as furniture, computers, large appliances, and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair but excludes maintenance and repair of vehicles or industrial equipment. Repair Services—Limited. This use class consists of on-site repair and incidental sales of supplies for consumer items such as small household goods, shoes, clothing, watches, cameras, and similar items, conducted within an enclosed building. Research & Development.. This use class consists of the research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms. Restaurants—Drive-Through. This use class consists of establishments serving drinks and food prepared on-site to patrons seated in an automobile. This classification includes all restaurants with drive-through facilities. Restaurants—General. This use class consists of establishments serving drinks and food prepared on-site, which do not have drive-through facilities, and which do not serve patrons seated in an automobile. This use class includes fast food and stand-alone bakeries. Restaurants -Semi -Enclosed. This use class consists of establishments serving drinks and foods, in which the activity of preparing and serving meals is conducted mainly within an enclosed building and which provides an accessory outdoor dining area. Restaurants—Walk-Up. This use class consists of restaurants that serve drinks and food to patrons who walk up to a window or counter, but that do not provide seating for the patrons within the restaurant. Retail Sales—General. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which primarily sell specialized items or that are primarily oriented to a neighborhood and/or citywide customer base. All sales and storage are conducted completely within an enclosed building. This 12 classification includes fortune-telling and stores selling clothing, hardware, art, books, flowers, jewelry, over-the-counter and/or prescription drugs, flooring, furniture and merchandise through the County of Orange Women, Infant and Children (W.I.C.) program (provided it is not in combination with any other use that requires a conditional use permit) as defined in Chapter 18.92 (Definitions). Retail Sales—Kiosks. This use class consists of establishments located within temporary or permanent freestanding structures having one or more open sides or openings and operated for the purpose of the retail sale of food, drink, or merchandise. All storage is conducted completely within the structure, and all sales are made from within the structure to the -patron on the outside. Retail Sales—Outdoor. This use class consists of establishments engaged in retail sale of goods or provision of services that require outdoor display of merchandise. This use class may be applied with another use class that allows sales only within an enclosed building. Typical uses include the sales of gardening tools and materials in conjunction with a home -improvement store. Retail Sales—Regional. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which are primarily oriented toward a regional customer base. All sales and storage are conducted completely within an enclosed building. Typical uses include large department stores, big box retail stores, bulk food and household goods stores, home -improvement stores, and retail sales from warehouse -type structures. Retail Sales—Used Merchandise. This use class consists of establishments engaged in the retail sale of goods that have been previously owned by an actual or potential user of the goods. This use class includes the sale of reconditioned merchandise. All sales and storage are conducted completely within an enclosed building. Typical uses include consignment stores, antique stores, pawn shops, and used furniture and book stores. Room & Board. This use class consists of establishments providing accommodations living for guests on a commercial basis for typical stays of more than scvcn (7) consecutive nights, with no cooking facilities in the guest rooms. The total number of people living in the building, including permanent residents, live-in operators, and guests, shall not exceed fifteen (15) people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities are not included." 9F.C..T10W ?__5 _ That new Section 18.38.095 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.38.095 CARNIVALS & CIRCUSES .010 General. 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 13 ( Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Title 4 (Business Regulation) of the Anaheim Municipal Code. .020 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days. .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. 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 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit the following information on a plan, or plans, to the Planning Services Division for review and approval 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. .0401 Exact location and parcel(s) on which the carnival or circus is proposed, including the site dimensions and names of the adjacent streets and highways; and .0402 The addresses of the underlying parcel, or parcels, on which the carnival or circus is proposed or, if proposed in a Business or Commercial Retail Center or other site developed with other uses, the names and addresses of all the tenants or occupants; and .0403 Any existing buildings or other large structures on the site, including the square footage and main entrances of such buildings and structures; and alleys; and .0404 All vehicle access to the site from adjoining streets, highways and .0405 The parking area, including the number of parking spaces; and .0406 Any adjacent residential zoning or land uses, including any residential zoning or land uses on the opposite side of any street, highway and alley, to determine whether any occupied single-family or multiple -family dwellings (such as apartments, condominiums, houses or townhouses) are located within three hundred 14 ( 300) feet of the proposed project site. No permit shall be issued for a carnival or circus if any occupied dwelling is located within three hundred (300) feet of the project site, except as otherwise permitted by Section 4.53.050 (Location requirements) of Chapter 4.53 (Carnivals and Circuses); and .0407 The areas proposed for the installation of any structures or equipment, or the storage thereof; and .0408 Any additional information that may be required by the Planning Services Division to adequately describe the project site and nearby land uses. .050 City Traffic and Transportation Manager Approval. If the use of a parking area serving a Business or Commercial Retail Center, or a parking area serving a site developed with other uses, is proposed, the site plan required under subsection .040 herein shall also be submitted to the City Traffic and Transportation Manager for review and approval to 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. An approved site plan shall then be submitted to the Planning Services Division. No permit shall be issued for a carnival or circus if the submitted plan(s) are denied by the City Traffic and Transportation Manager. .060 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." SECTION 26. That subsection .150 of Section 18.38.110 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".150 All trash generated by the use shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate, and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse. The Community Preservation Division of the Planning Department shall determine the adequacy of the bins and pick-ups and may require additional bins or pick-ups. All costs for meeting these requirements shall be paid for by the business owner." SECTION 27. That Section 18.38.150 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.38.150 LAUNDROMATS. .010 No laundromat shall be permitted in any area of the City unless each of the following has been satisfied: 15 .0101 A Sewer Study, including identifying appropriate measures to mitigate sewer deficiencies, has been prepared by a registered professional civil engineer in the State of California for consideration by the City Engineer; and .0102 The City Engineer has approved the Sewer Study and the proposed mitigation measures, which may include construction of new sewer facilities; and .0103 The approved mitigation measures have been constructed and a bond or other security has been posted with the City to guarantee said construction prior to the laundromat's commencing operation. .020 The laundromat shall be operated with at least one (1) attendant on-site during all hours of operation. .030 Any rear doorways shall remain closed, preventing entry from outside the building after dark but not preventing emergency exit. .040 The restroom facilities located within the laundromat shall remain locked at all times and access provided to customers only by means of a key provided by the laundromat attendant. .050 Signs shall be posted in a conspicuous place in both the parking lot area and inside the laundromat notifying patrons that loitering, panhandling, and/or the consumption of alcoholic beverages upon the premises is prohibited. .060 Window signs shall not be permitted. .070 The operator of the business shall be fully responsible for retaining all laundry carts inside the building. .080 No video, electronic or other amusement devices or games shall be permitted. .090 All vending machines shall be located inside the building and shall be limited to three (3) machines. .100 The property shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight (48) hours from time of occurrence. .110 Any proposed roof -mounted equipment shall be completely screened from view. This screening information shall be specifically shown on the plans submitted for building permits. .120 All public telephones on the premises shall be located inside the building. .130 Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit." SECTION 28. That subsection .010 of Section 18.38.200 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 16 ``.010 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying zone or unless a higher fence is required or approved by the City. All stored equipment or material shall be located below the fence height and shall not be visible above the fence. The wall or fence shall be kept in a clean, neat and painted condition, and free of graffiti. The design and the materials used for the fence or wall shall comply with the provisions of Section 18.46.110 (Screening, Fences, Walls and Hedges), including Table 46-A (Required Fences and Walls) in Chapter 18.46 (Landscaping and Screening) when such fence or wall abuts a residential use, a residential zone, a mixed use zone or a railroad, unless otherwise provided in this section." SECTION 29. That Section 18.40.020 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.40.020 BUILDING SITE REQUIREMENTS. .010 Lot Area - General. No lot area shall be reduced or diminished such that the yards or other open spaces shall be smaller than prescribed by this title, nor shall the number of units and/or building square footage be increased in any manner except in conformity with the regulations established herein. .020 Divided Lots. No lot shall be divided by a county or city boundary line. .030 Side Property Lines. The side property lines of lots shall be approximately at right angles to the street centerline on straight streets or approximately radial on curved streets. .040 Lot Frontage. Every lot shall have frontage on a public street or alley unless otherwise specified by the underlying zone." SFCTTON 30. That subsection .040 of Section 18.40.040 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 Institutional Uses Adjacent to Residential Zones or Residential Uses. All buildings used for educational purposes, for institutional purposes classified as "Community Assembly" in 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." 17 SECTION 31. That new Section 18.40.090 be, and the same is hereby, added to Chapter 18.40 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.40.090 COUNCIL POLICIES. All references in Title 18 (Zoning) to "Council Policies" shall refer to documents in the Council Policy Manual on file in the Office of the City Clerk of the City of Anaheim, including amendments to such documents as may be approved from time to time by the City Council." SECTION 32. That Section 18.42.020 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.42.020 ENGINEERING STANDARD PLANS AND DETAILS, AND PLANNING DETAILS. All references in Title 18 (Zoning) to "Engineering Standard Plans" or "Details" shall refer to documents on file in the Department of Public Works of the City of Anaheim including amendments to such documents as may be approved from time to time by the City Engineer. All references to "Planning Details" shall refer to documents on file in the Planning Department including amendments to such documents as may be approved from time to time by the Planning Director." SECTION 33. That subsection .010 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 General. Residential off-street parking requirements for automobiles and similar vehicles shall be regulated by the type of use (Use Class) associated with the property. This section specifies the number of parking spaces for each residential use, regardless of the zoning district in which the use is located. .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a bedroom. A studio unit is a dwelling unit without a bedroom. 18 .0 103 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. .0104 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to the applicable Engineering Standard Details pertaining to off- street parking dimensions. .0105 Garages or covered spaces shall be arranged such that parking in front of the garage or covered space shall not block access to another garage or covered space. .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the City Traffic and Transportation Manager. (Ord. 5944 § 20; Sept. 28, 2004) .0107 Required parking spaces shall be maintained and available for the parking of operable vehicles." SECTION 34. That subsection .020 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".020 Dwellings—Multiple Family. .0201 The minimum required number of off-street parking spaces for Multiple -Family Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms I Minimum Number of Parking Spaces per Unit Studio unit 1 -bedroom 2 -bedrooms 3 or more bedrooms 1.25 2.0 spaces 2.25 spaces 3.0 spaces (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one- quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple - Family Residential projects shall be readily accessible and no fee shall be assessed for their use. .0204 Assigned Parking Spaces. Of the parking spaces required for Multiple -Family Residential projects under paragraph .020 1, above, each dwelling unit in such project may be assigned not more than one (1) covered or uncovered parking space; provided that any 2 -bedroom or larger dwelling unit in such project may be assigned not more than two (2) parking spaces in a private garage that is attached to, and directly accessible from, the dwelling unit served. All other required parking spaces, including guest spaces, shall be unassigned and readily accessible to residents and visitors. .0205 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0206 Tandem Parking Spaces Prohibited. None of the parking spaces required for Multiple -Family Residential projects under paragraph .0201, above, shall be tandem. .0207 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties and from living or recreational -leisure areas to a height of twenty-four (24) inches with the exception of line -of -sight requirements as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0208 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage." SECTION 35. That subsection .030 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".030 Dwellings - Single -Family Attached. The required parking spaces for Attached Single -Family Dwellings shall comply with either paragraph .0301 or .0302, below. .0301 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings - Multiple Family in subsection 18.42.030.020, above. .0302 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings - Single -Family Detached in subsection 18.42.030.040." SECTION 36. That subsection .040 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read 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: 20 Total Number of Bedrooms Minimum Number of Spaces per Dwelling 6 or fewer bedrooms 4 (2 in a garage) 7 or more bedrooms 4 (2 in a garage) plus 1 additional space per bedroom over 6 bedrooms .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one (1) open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage are eight (8) feet wide and twenty five (25) feet long where located in tandem to parking spaces enclosed with a tilt -up garage door and eight (8) feet wide and twenty (20) feet long where located in tandem to parking spaces enclosed with a roll -up garage door, measured from the garage door to the nearest edge of the property line, pedestrian walkway, street or vehicle accessway, whichever is the lesser distance. .0402 Parking ' spaces located in tandem to a garage may be permitted to encroach into the required front or street setback. All other spaces shall be located outside the required street setback, and shall be provided and maintained in an accessible location on the lot, as approved by the Planning Director and illustrated in Planning Detail No. P-1 (Driveway Cuts for Single -Family Residences — Designs Permitted and Not Permitted)." SECTION 37. That Table 42-A (Non -Residential Parking Requirements) of Section 18.42.040 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "L" attached hereto and incorporated herein by this reference. SECTION 38. That subsection .010 of Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Residential Uses. Required off-street parking spaces for all single-family residential uses of property shall be located on the same lot as the dwelling unit, or for multiple -family residential units or single-family dwellings, either attached or detached, in a condominium or other common interest development, as defined in Section 1351 of the California Civil Code, the required off-street parking shall be located on the same project site for which such parking is required. The parking spaces and accessways shall at all times be maintained in a manner capable of typical vehicular ingress and egress. All required enclosed parking spaces shall be equipped with a functioning garage door." 21 SECTION 39_ That subsection .020 of Section 18.42.060 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Driveway Cuts for Single -Family Residences. Driveway cuts for single- family residences shall comply with Planning Detail No. P-1 (Driveway Cuts for Single - Family Residences — Designs Permitted and Not Permitted), as approved by the Planning Director." SECTION 40. That subsection .040 of Section 18.42.070 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read .as follows: ".040 Tandem Parking. Tandem parking for required off-street parking spaces shall be prohibited except as otherwise expressly authorized in this chapter or as otherwise specified by the underlying zone." SECTION 41. That subsection .020 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 On -Site Directional Signs. For each vehicular entrance in any zone except single-family residential zones, there may be erected within the required landscape setback one (1) illuminated, single- or double-faced sign displaying the word "In," "Out," "Enter," "Parking," "Entrance" or "Exit," and which may include a logo and/or directional arrows. Signs with other text such as "Service," "Loading" or "Unloading" may be approved by the Planning Director. An on-site directional sign may be freestanding, monument -type or mounted on a building wall. Each face of such sign shall not exceed four (4) square feet in sign area. A monument or freestanding sign shall not exceed four (4) feet in height -and a building wall -mounted sign shall not exceed six (6) feet in height as measured from the finished grade directly below such sign. All directional signs shall comply with line -of -sight distance requirements set forth in subsection 18.44.080.080." SECTION 42. That subsection .070 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Window Signs. Signs on the inside of windows of commercial or industrial buildings are allowed, provided all such permanent and temporary signs shall obscure no more than ten percent (10%) of the total transparent area of any window 22 surface. No signs shall be allowed on the outside of any windows of commercial or industrial buildings." SECTION 43. That Table 46-A ( Required Walls and Fences) of Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as shown in Exhibit "M" attached hereto and incorporated herein by this reference. QPCTInN 44 That subsection .090 of Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Enclosure of Outdoor Uses. The perimeter of any portion of a site upon which any outdoor use of an industrial nature, including storage, is permitted shall be enclosed to a height of not less than six (6) feet by one of the following: (a) solid masonry or building walls; (b) chain link fencing entirely interwoven with PVC, simulated wood slats, or other durable material as deemed appropriate by the Planning Director including any additional material needed to provide an effective screen such as scrim, only when not visible to the public right-of-way or abutting industrially zoned property; (c) landscaped earthen berm; or (d) any combination thereof. .0901 The color and materials of the any wall or fence shall be compatible with any on-site buildings. .0902 Adjacent to any street frontage, any outdoor use enclosed by chain link fencing shall be view -screened from the street as follows: .01 Where visible from public view, the fencing, other than gates, shall further be screened by fast-growing vines and/or shrubbery to prevent visibility into the outdoor area. .02 Non -deciduous trees of a size of not less than twenty-four (24) inch box, shall be planted on maximum twelve (12) foot centers along and adjacent to the entire fence within the required street setback area. Additionally, layered landscaping shall be utilized in the required setback area. .0903 All required planting areas shall be provided with hose bibs, sprinklers or similar permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state as a condition of use." cFrTInN as That Section 18.56.070 of Chapter 18.56 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.56.070 NONCONFORMING PARKING AND LANDSCAPING. .010 Effect on Status of Use or Structure. For non-residential and multiple - 23 family residential uses, any use or structure that does not comply with the parking requirements of Chapter 18.42 (Parking and Loading), but is otherwise in conformance with this title, shall be permitted to do the following: .0101 Continue existing use; or .0102 Change to another permitted use with the same or lower parking requirement. .020 Expansion of Use or Building. For non-residential and multiple -family residential uses, any expansion of the use or building, or change to a use that requires more parking, the expansion or change shall comply with the provisions of Chapter 18.42 (Parking and Loading) and Chapter 18.46 (Landscaping and Screening). Re -striping of the entire parking area shall comply with the current code in striping and stall size as approved by the City Traffic and Transportation Manager. All new parking stalls shall comply with current code. .030 Expansion of Single -Family Residence. A single-family dwelling that does not comply with current parking requirements is allowed a one-time expansion of not more than six hundred fifty (650) square feet for houses in the RS -2, RS -3 and RS4 (Single -Family Residential) zones and eight hundred fifty (850) square feet for houses in the RS -1 (Single -Family Residential) zone and the RH-1, RH-2 and RH-3 (Single -Family Hillside Residential) zones, provided the addition does not preclude the possibility of compliance with the parking requirements in the future. Any addition exceeding six hundred fifty (650) square feet, or eight hundred fifty (850) square feet when permitted by the underlying residential zone, or any addition that results in a higher parking requirement than the minimum required for the single-family home, shall comply with subsection 18.42.030.030 (Residential Parking Requirements), except as may otherwise be permitted by subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures)." SECTION 46. That Section 18.58.130 of Chapter 18.58 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.58.130 APPEALS —GENERAL. .010 Initiation of Appeal. Appeals may be filed by any applicant dissatisfied with any decision made on the application for a Qualified Housing Development. .020 Authority. Any appeal of a decision of the Planning Director shall be filed with the Planning Commission for consideration as a "Reports and Recommendations" item. Any appeal of a decision made by anyone other than the Planning Director shall be made in accordance with Section 18.60.140 (Appeal Authority) of Chapter 18.60 (Procedures). 24 .030 Timeframe. An appeal must be filed by the applicant within fifteeft (15) days from the date indicated on the written notification of the decision made by the Planning Director. .040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees)." SECTION 47. That the subsection .040 of Section 18.60.020 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 Modifications Related to Nonconformities. The Zoning Administrator shall consider and make a decision or recommendation on an application based on the findings set forth in subsection 18.62.040.060 (Findings) for the following nonconformities: modifications of standards for nonconforming lots as set forth in Section 18.56.020 (Nonconforming Lots), modifications of use for nonconforming uses as set forth in subsection 18.56.030.030 (Modification of Use), and maximum permitted expansion of single-family dwellings with nonconforming parking as set forth in subsection 18.56.070.030 (Expansion of Single -Family Residence) of Chapter 18.56 (Nonconformities). .0401 The Zoning Administrator shall approve, conditionally approve or deny the modification(s) based on all applicable provisions of Chapter 18.56 (Nonconformities) and other provisions of this title applicable to the zone in which the subject property is located. .0402 Any action of the Zoning Administrator to approve, conditionally approve or deny a permit application shall be taken in a meeting open to the public. Notice of the meeting shall not be required before such action." SECTION 48. That subsection .030 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Timeframes. .0301 Request for Review. Any request for review initiated by the granting authority, or by two (2) or more members of the City Council, shall be made by motion duly adopted by the granting authority, or orally or in writing to the City Clerk by two (2) or more members of the City Council, within the following time periods subsequent to the decision of the granting authority. .01 Seven (7) days after the decision on a tentative parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Twelve (12) days after the decision of the Zoning Administrator on an administrative adjustment, conditional use permit, variance, or other 25 permit not listed in subparagraph .01 above; and .03 Eighteen (18) days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above. .0302 Appeals. An appeal must be filed within the following time periods subsequent to the decision of the granting authority. .01 Ten (10) days after the decision on a tentative parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Fifteen (15) days after the decision of the Zoning Administrator on an administrative adjustment, conditional use permit, variance, or other permit not listed in subparagraph .O1 above; and .03 Twenty two (22) days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subsection .01 above." SECTION 49. That subsection .020 of Section 18.60.170 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Required Findings. Before granting any request for an extension of time to comply with conditions of approval, the approval authority shall make a finding of fact, by motion, that all of the following findings exist. In the case of the Zoning Administrator, the findings of fact shall be made by written notification. .0201 The extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or decision if approved by the Zoning Administrator. .0202 The approved project remains consistent with the General Plan and the zone district designation for the property. .0203 Either no code amendments have occurred that would cause the approval to be inconsistent with this title, or the petitioner has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such code amendments and (ii) agreed to modify the project to conform to such code amendments. .0204 The subject property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code Community Preservation Officer Inspection and Reinspections Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. we .0205 No additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project." SECTION 50. That subsection .030 of Section 18.60.200 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Notification. Upon the revocation, modification or reaffirmation of any land use permit, the Planning Department shall prepare and mail to the permittee and the property owner a formal written notice of the Planning Commission's action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389 (Enforcement of the Code - Community Preservation Officer - Inspections and Reinspections - Fees)." SECTION 51. That Section 18.60.210 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.60.210 TERMINATION OF PERMITS. The Planning Commission, or the Zoning Administrator when he or she is the approval authority, may terminate any permit that is no longer in use. .010 Initiation. The process to terminate any permit that is no longer in use may be initiated by the property owner, by the Planning Commission on its initiative, or at the request of city staff. .020 Notification. If the process to terminate any petition that is no longer in use is initiated by the Planning Commission or at the request of city staff, the property owner and the permittee if different from the property owner, shall be notified personally or through the U.S. Postal Service at least ten (10) days prior to any action being taken. If the property owner protests the termination or fails to reply prior to action being taken, the proposed action shall be considered a revocation and shall be processed pursuant to Section 18.60.200 (City -Initiated Revocation or Modification of Permits); provided, however, that a permittee who does not continue to legally occupy the property shall not have the authority to affect the termination. .030 Planning Commission or Zoning Administrator Action. The action to terminate shall be placed on the agenda of a regularly scheduled Planning Commission or Zoning Administrator meeting." 27 SECTION 52. That Section l 8.68.030 of Chapter 18.68 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " 18.68.030 INITIATION. A general plan amendment may be initiated as prescribed in this section. .010 Petition. An amendment may be initiated by the verified petition of one (1) or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees). .020 City Council. An amendment may be initiated by motion of the City Council. .030 Planning Commission. An amendment may be initiated by motion of the Planning Commission. .040 Staff. An amendment may be initiated by the Planning Director." QPrTIn M S'A That subsection .010 of Section 18.76.030 of Chapter 18.76 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.010 Reclassification. A reclassification of property from one zone or district to another zone or district through a change to the boundaries of the Zoning Map is subject to the following provisions: .0101 Petition. A reclassification may be initiated by the verified petition of one (1) or more owners of each property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanicd by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the petitioner. .0102 City Council. A reclassification may be initiated by motion of the City Council. .0103 Planning Commission. A reclassification may be initiated by motion of the Planning Commission. Director." .0104 Staff. A reclassification may be initiated by the Planning SECTION 54. That Section 18.76.050 of Chapter 18.76 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.76.050 ACTION BY PLANNING COMMISSION. .010 Map amendment. The Planning Commission shall review and approve or 28 deny any zoning map amendments. .0101 Hearing required. The Planning Commission shall hold a public hearing on the proposed amendment as specified in Chapter 18.60 (Procedures). .020 Text amendment. The Planning Commission shall review and recommend approval or denial of any text amendments. .0201 Motion required. The Planning Commission shall review the proposed amendment as a public hearing item on the Planning Commission Agenda and shall by motion, recommend approval or denial for any text amendments." SECTION 55. That Section 18.76.060 of Chapter 18.76 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.76.060 ACTION BY CITY COUNCIL. .010 Recommendation for approval. Upon receipt of the formal recommendation of approval by the Planning Commission regarding a proposed change in the text of this title or the zoning map, the City Council shall introduce and adopt or reject an ordinance that makes the proposed changes for said amendment. .020 Recommendation for denial. Upon receipt of the formal recommendation of denial by the Planning Commission regarding a proposed change in the text of this title or the zoning map, the City Council shall take no further action unless an appeal is initiated in accordance with the procedures set forth in Section 18.60.130 (Appeals — General) of Chapter 18.60 (Procedures). .030 Public Hearing. If an appeal is initiated under the procedures set forth in Section 18.60.130 (Appeals — General) of Chapter 18.60 (Procedures), after a decision by the Planning Commission making a formal recommendation for approval or denial regarding a proposed change in the text of this title or the zoning map, the City Clerk shall set the matter for public hearing and shall give notice thereof as required by state law." SECTION 56. That Section 18.90.100 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.90.100 FORMER ZONES. New zones are established for the City as of the effective date of this section, or upon adoption of subsequent ordinances replacing existing zones with new zones. In order to provide a smooth transition from the former zones to the current or new zones, the relationship of the former to the new zones is shown in Table 90-A (Zone Correspondence)." 29 SECTION 57. That Table 90-A (Zoning Correspondence) of Section 18.90. 100 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "N" attached hereto and incorporated herein by this reference. �.. ff -a IITel�f:I That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.92.040 "A" WORDS, TERMS AND PHRASES. "Accessory." A structure, building, or a use which is subordinate to, and incidental to, that of the main building or use which shall 'not exceed fifty percent (50%) of the main building or use. "Accessory Living Quarters." See Chapter 18.36 (Types of Uses). "Acres, Gross." The overall acreage of an area within the boundaries of a legal parcel which includes all roads, except arterial highways as measured at their ultimate right-of-way width. "Acres, Net." The overall acreage of an area excluding public and private streets and alleys. "Adult Day Care Center." An establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away. "Alcohol, Off -sale." The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off -sale license issued by the State of California. "Alcohol, On -sale." The sale of alcoholic beverages to consumers for consumption on the premises where sold, in accordance with a valid on -sale license issued by the State of California. "Alley." A public vehicle right-of-way providing a secondary means of access to abutting property. "Amusement Device." Any game, exhibition, shuffleboard game, or amusement or recreational device, or any mechanical or electronic amusement device or machine which, upon the insertion of a bill, coin, slug or token in any slot or receptacle attached to such device or machine or connected therewith, operates or which may be operated for use as a game, contest or amusement, with the exception of machines for the dispensing of music. "Amusement Device Arcade." Any premises containing five (5) or more amusement devices, or any premises wherein not less than twenty-five percent (25%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. 30 "Anaheim Colony Historic District." A district of the City of Anaheim established by City Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street, and East Street. "Annexation." The addition of a land area to an existing city or special district with a resulting change in the boundaries of the annexing jurisdiction. "Apartment." One (1) or more rooms in a multiple -family dwelling, occupied or suitable for occupancy as a residence for one (1) family. "Apartment Building." A building or cluster of buildings containing multiple -family dwelling units in which the dwelling units are intended to be rented or leased to the occupants. "Arterial Highway.". A roadway used primarily for through traffic that is designated by one of the following terms on the Planned Roadway Network map in the General Plan: Scenic Expressway, Resort Smart Street, Stadium Smart Street, Major Arterial, Primary Arterial, Hillside Primary Arterial, Secondary Arterial, Hillside Secondary Arterial, Collector Street and Hillside Collector Street. "Automobile Wrecking." The dismantling or wrecking of used motor vehicles, trailers or similar vehicles. "Awning." A roof -like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may or may not be capable of being retracted into the face of the building. (Ord. 5948 § 8; November 9, 2004)" SECTION 59. That subsection .020 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Parcel 4d - Mixed Uses Consisting of Attached Multiple -Family Housing and Commercial/Retail Uses. Except as otherwise specified herein, the standards of the "RM -4" Multiple -Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones) shall apply. (a) Building Site Area Per Dwelling Unit. The minimum building site area per dwelling unit shall be nine hundred seventy-four (974) square feet. (b) Building Height. The maximum building height shall be fifty-four (54) feet, as measured to the highest point of the structure exclusive of chimneys, vents and other mechanical or architectural appurtenances. (c) Site Coverage. The maximum site coverage by the parking deck shall be ninety percent (90%). 31 (d) Structural Setback and Yard Requirements. 1. Center Street. The buildings adjacent to Center Street shall be located at or within one (1) foot of the street right-of-way. Commercial awnings encroaching into the public right-of-way shall be approved in accordance with the provisions of Title 17 of this Code. 2. Lincoln Avenue. The minimum structural setback to Lincoln Avenue shall be ten (10) feet; provided, however, that maximum five (5) foot encroachments are permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage for usable private outdoor living areas, walkways and parking structures. 3. Olive Street. The minimum structural setback to Olive Street shall be ten (10) feet. 4. Philadelphia Street. The minimum structural setback to Philadelphia Street shall be fifteen (15) feet; provided, however, that maximum ten (10) foot encroachments are permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage in order to accommodate building siting flexibility and elevator shafts, and that maximum five (5) foot encroachments for usable private outdoor living area are permitted for the remainder of the lineal street frontage. (e) Required Recreational -Leisure Areas. The minimum recreational - leisure area per dwelling unit shall be two hundred fifty (250) square feet of usable open space, of which at least one-third -(0.33) shall be private space for the exclusive use of individual units and at least one-half (0.5) shall be common space shared by residents of the housing complex. 1. Private Recreational -Leisure Areas. All of the dwelling units on the deck level and one-half (0.5) of the dwelling units on the upper level shall be provided with private usable recreational -leisure space. Private recreational -leisure areas shall consist of patios, balconies, decks and other areas which are directly accessible from the living room, dining room or family room of an individual unit. Such private areas shall be visually screened and protected from public view by grade separation, landscaping, fencing, walls and/or trellises. To be considered "usable," deck level open space shall be not less than eighty (80) square feet in area, with a minimum dimension of eight (8) feet; and upper level open space shall be not less than sixty (60) square feet in area, with a minimum dimension of six (6) feet. 2. Common Recreational -Leisure Areas. Common recreational -leisure areas shall consist of courtyards, front yards, rear yards, decks and other open space used primarily for outdoor living and recreation. To be considered "usable," common recreational -leisure space shall have a minimum dimension of sixteen (16) feet and shall be located close to major pedestrian circulation routes but shall not be 32 part of such circulation routes. Common recreational -leisure areas shall be accessible to all residents of the housing complex. (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. 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 shall be provided in the Center Street Parking Structure (for a total of not less than thirty-six (36) spaces). (g) Sign Regulations. Prior to issuance of a certificate of occupancy, a complete sign program shall be submitted for review and approval by the Planning Director and Executive Director of Community Development, in the manner set forth in Section 18.110.040.070 of this Code. (h) Dwelling Unit Storage. There shall be one hundred cubic feet of private storage space for each dwelling unit." SECTION 60. That subsection .030 of Section 18.110.040 of Chapter 19.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Parcel 14N - Attached Multiple -Family Housing. Except as otherwise specified herein, the standards of the "RM -4" Multiple -Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones) shall apply. (a) Building Height. The maximum building height shall be forty-six (46) feet, as measured to the highest point of the structure exclusive of chimneys, vents and other mechanical or architectural appurtenances. (b) Site Coverage. The maximum site coverage by the parking deck shall be eighty-five percent (85%). 33 (c) Structural Setback and Yard Requirements. 1. Center Street. The minimum structural setback to Center Street shall be ten (10) feet; provided, however, that maximum five (5) feet encroachments are permitted for a distance of no greater than fifteen percent (15%) of the lineal street frontage for usable private outdoor living areas, walkways and parking structures. 2. Lincoln Avenue. The minimum structural setback to Lincoln Avenue shall be nine (9) feet; provided, however, that maximum five (5) foot encroachments are permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage for usable private outdoor living areas, walkways and parking structures. 3. Olive Street. The minimum structural setback to Olive Street shall be fifteen (15) feet; provided, however, that maximum ten (10) foot encroachments are permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage in order to accommodate building siting flexibility and elevator shafts, and that maximum five (5) foot encroachments for usable private outdoor living areas are permitted for the remainder of the lineal street frontage. 4. Side Yards. The minimum side yard setbacks adjacent to parks, open space areas and/or train stations shall be five (5) feet. 5. Building Walls Containing a Main Entrance or Windows Opening Onto a Habitable Space. For any building wall containing a main entrance or windows opening onto habitable space, the minimum building separation shall be fifteen (15) feet. (d) Required Recreational -Leisure Areas. The minimum recreational - leisure area per dwelling unit shall be two hundred fifty (250) square feet of usable open space, of which at least one-third (0.33) shall be private space for the exclusive use of individual units and at least one-half (0.5) shall be common space shared by residents of the housing complex. 1. Private Recreational -Leisure Areas. All of the dwelling units on the ground level and one-half (0.5) of the dwelling units on the upper level shall be provided with private usable recreational -leisure space. Private recreational -leisure areas shall consist of patios, balconies, decks and other areas which are directly accessible from the living room, dining room or family room of an individual unit. Such private areas shall be visually screened and protected from public view by grade separation, landscaping, fencing, walls and/or trellises. To be considered "usable," ground level open space shall be not less than eighty (80) square feet in area, with a minimum dimension of eight (8) feet; and upper level open space shall be not less than sixty (60) square feet in area, with a minimum dimension of six (6) feet. 34 2. Common Recreational -Leisure Areas. Common recreational - leisure areas shall consist of courtyards, front yards, rear yards, decks and other open space used primarily for outdoor living and recreation. To be considered "usable," common recreational -leisure space shall have a minimum dimension of sixteen (16) feet and shall be located close to major pedestrian circulation routes but shall not be part of such circulation routes. Common recreational -leisure areas shall be accessible to all residents of the housing complex. (e) Minimum Number of Parking Spaces. For each dwelling unit there shall be provided not less than two and one-half (2.5) parking spaces. At least two and one hundred twenty-five thousandths ( 2.125) spaces shall be covered and shall be provided on-site (for a total of not less than three hundred ninety one (391) parking spaces). The remainder may be provided in the Center Street Parking Structure. For the parking spaces to be located in the Center Street Parking Structure, a parking lease agreement which is satisfactory to the City Attorney and the City Engineer between the applicant and the Agency shall be in effect prior to issuance of a certificate of occupancy. (f) Sign Regulations. Prior to issuance of the first certificate of occupancy, a complete sign program shall be submitted for review and approval by the Planning Director and the Executive Director of Community Development, in the manner set forth in Section 18.110.040.070 of this Code. (g) Dwelling Unit Storage. There shall be one hundred (100) cubic feet of private storage area for each dwelling unit." SECTION 61. That subsection .060 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Parcel 22 Attached Single -Family Housing (Paired Homes). Except as otherwise specified herein, the standards of the RM -3 Multiple -Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones) shall apply. (a) Building Height. The maximum building height shall be thirty-five feet or two (2) stories, whichever is less, as measured to the highest point of the structure exclusive of chimneys, vents and other mechanical or architectural appurtenances. (b) Site Coverage. No maximum site coverage is specified. (c) Structural Setback and Yard Requirements. 1. Lincoln Avenue. The minimum setback to the boundary wall along Lincoln Avenue, as required by subsection 18.110.040.060(i) herein and pertaining to "Required Site Screening," shall be ten (10) feet. 35 2. Olive Street. The minimum structural setback to Olive Street shall be fifteen (15) feet. 3. Abutting Any Street Other Than an Arterial Highway. The minimum landscaped structural setback to any street other than an arterial highway shall be eighteen (18) feet. 4. Side Yards. All side yards shall have setbacks of six (6) feet; provided, however, that on corner lots the minimum side yard setback to the street right-of-way shall be nine (9) feet and that no setback is required between common walls of paired homes. 5. Building Walls Containing a Main Entrance or Windows Opening Onto Habitable Space. For any building wall containing a main entrance or windows opening onto habitable space, the minimum structural separation shall be twelve (12) feet. 6. "Front -on" Garages. Along private streets, the minimum structural setback shall be eighteen (18) feet from the curb face to any "front -on". garage with an automatic garage door opener. (d) Encroachments Into Required Yards. 1. Front Yard. No encroachments are permitted. 2. Side Yards. The second story is permitted to encroach a maximum of two (2) feet into required side yards. (e) Required Recreational -Leisure Areas. The minimum recreational -leisure area per dwelling unit shall be four hundred (400) square feet of usable open space. The minimum recreational -leisure area requirement per dwelling unit may be fulfilled solely by private individual recreational -leisure areas. Private recreational -leisure areas shall consist of patios, balconies, decks and other areas which are directly accessible from the living room, dining room or family room of an individual unit. Such private areas shall be visually screened and protected from public view by grade separation, landscaping, fencing, walls and/or trellises. To be considered "usable," ground level open space shall be not less than eighty (80) square feet in area, with a minimum dimension of eight (8) feet; and upper level open space shall be not less than sixty (60) square feet in area, with a minimum dimension of six (6) feet. (f) Minimum Distances Between Buildings. The minimum distance between any building walls separated by a side yard property line shall be twelve (12) feet for grade level dwelling units and ten (10) feet for second story dwelling units. (g) Minimum Dimensions of Parking Spaces. The minimum dimensions of parking spaces shall comply with the provisions of Chapter 18.42 (Parking and Loading) and with the latest revision of the applicable Engineering Standard(s) as adopted by the Public Works Engineering Department; provided, however, that a maximum of twenty-seven (27) Paired Homes may have minimum garage dimensions of seventeen (17) feet by twenty (20) feet. 36 (h) Sign Regulations. Prior to issuance of the first certificate of occupancy, a complete sign program shall be submitted for review and approval by the Planning Director and Executive Director of Community Development, in the manner set forth in Section 18.110.040.070 of this Code. (i) Required Site Screening. A six (6) to thirteen (13) foot high block wall shall be constructed for noise attenuation as shown on Figure 22 of the Specific Plan; provided, however, that the specific wall height shall be determined by a sound attenuation study prepared by a qualified engineer licensed by the State of California and approved by the Planning Director and the Executive Director of Community Development. 0) Fence Height. Fences having a maximum height of seven (7) feet may be constructed along any side or rear property lines abutting a public or private street; provided, however, that the maximum fence height shall not exceed. four (4) feet in the required front yard setback. (k) Private Street Widths. Private streets other than main entries shall have minimum widths of twenty-five (25) feet. Private entry streets shall comply with the latest revision of the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to private streets." SECTION 62. That subsection .010 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Parcel 14N. The land use standards of the "RM -4" Multiple -Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones) shall apply." SECTION 63. That subsection .040 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 Parcel 4d: (a) Residential. Attached, deck -type, multiple -family housing shall be permitted, subject to the provisions for the "RM -4" Multiple -Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones), except as otherwise provided in this chapter. (b) Commercial. Commercial and retail uses, not to exceed six thousand six hundred (6,600) square feet, shall be permitted along Center Street at street level, as specified herein. 37 I . Permitted Commercial Uses. a. Convenience Retail Sales. Convenience Retail Sales refers to establishments or places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery or drug stores. b. Eating and Drinking Establishments. Eating and Drinking Establishments refers to establishments or places of business primarily engaged in the sale of prepared foods and non-alcoholic beverages for on -premises consumption. Typical uses include restaurants and short-order eating places or bars, including outdoor eating. Drive -up food service facilities are specifically prohibited. C. Food and Beverage Retail Sales. Food and Beverage Retail Sales refers to establishments or places of business primarily engaged in the retail sale of food and non-alcoholic beverages for home consumption. Typical uses include groceries or delicatessens. d. General Retail Sales. General Retail Sales refers to the sale or rental from the premises of goods and merchandise for personal or household use (for example, florist and gift shops), but excluding those uses listed in paragraphs a, b and c above. e. In -Structure Parking. in -Structure Parking refers to at -grade or partially above or below grade parking areas partially enclosed and with a complete structural roof supporting other uses. f. Esplanades. Esplanades refers to a pedestrian - oriented urban streetscape environment with limited vehicular circulation. Use of the right-of-way is encouraged for special outdoor events and limited commercial activity associated with pedestrian circulation, limited service deliveries, public outdoor eating or resting areas to serve the adjacent commercial uses, and limited outdoor eating or resting activities on a temporary basis associated with adjacent food service establishments. Private commercial uses will be limited to business hours only. 2. Conditionally Permitted Commercial Uses. The following uses shall be permitted, subject to the approval of a conditional use permit and subject to the conditions and required showings of Chapter 18.66 (Conditional Use Permits). a. Administrative and Professional Services. Administrative and Professional Services refers to offices of private firms or organizations or public or quasi -public organizations which are primarily used for the provision of professional, executive, management or administrative services. Any drive - up service is specifically prohibited. 38 b. Business Support Services. Business Support Services refers to establishments primarily engaged in the provision of services of a clerical, employment, protective or minor processing nature to firms, rather than individuals, and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint duplicating services. C. Sports and Recreation. Sports and Recreation refers to establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a non-recurring basis. Included in Sports and Recreation Use are those conducted within an enclosed space of four thousand (4,000) square feet or less. Typical uses include athletic clubs or physical fitness centers, including personal massage when accessory to a principal use. d. Finance, Insurance and Real Estate Services. Finance, Insurance and Real Estate Services refers to establishments primarily engaged in the provision of financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies or real estate firms. e. Medical Services. Medical Services refers to establishments primarily engaged in the provision of personal health services including prevention, diagnoses and treatment or rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing and analysis services, but excludes those classified as any public use type. Typical uses include "drop-in clinics," medical and dental offices, dental laboratories, or health maintenance' organizations. f. Personal and Repair Services. Personal and Repair Services refers to establishments primarily engaged in the provision of informational, instructional personal improvement, provision of laundering, dry cleaning or dyeing services as personal services and similar services of a non-professional nature, and to establishments primarily engaged in the provision of repair services to individuals and households, rather than firms, but excludes services classified as Entertainment or Transient Habitation, industrial laundry services, laundry agencies, diaper services, or linen supply services. Typical uses include photography studios, driving schools or reducing salons, dry cleaners, laundries, self-service laundromats, barbershops and hair salons, apparel repair firms or musical instrument repair firms. g. Temporary Real Estate Marketing Offices. Real Estate Marketing Offices refers to the offices and ancillary facilities to promote the sales, lease or rental of the development included within the Specific Plan Area. h. Temporary Construction Contractor's Offices. Construction Contractor's Offices refers to the temporary on-site construction offices 39 used by the general contractor for the various development projects within the Specific Plan Area. i. Sale of alcoholic beverages for consumption on - premises or off -premises. 3. Prohibited Commercial Uses. Retail uses classified as Agricultural Supplies and Services, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Services, Gasoline Sales and Services, and drive -up service, shall not be permitted." SECTION 64. That subsection .090 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall comply with the provisions provided herein. .0901 Appurtenant Structures. The following structures appurtenant to other structures shall be permitted to encroach into required setbacks as shown in Cross Sections la, lb, 12, 15, 16 and 17 contained in Section 5.0 (Design Plan) of the Specific Plan: .01 Access ramps for automobiles to enter and exit parking facilities. .02 Access ramps and stairways for pedestrians to enter and exit parking facilities, hotels, motels and other permitted structures. .0902 Mass Transit Related Structures. Structures related to the operation of . the people mover/moving sidewalk and monorail systems, including stations, pedestrian access ramps and stairways, and elevated tracks on which the vehicles operate shall be permitted to encroach into required setbacks. .0903 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height, except as approved by the Transportation and Traffic Manager, shall be permitted within the "Arterial Highway and Commercial Driveway Approach" area as defined by the applicable Engineering Standard Details on file in the office of the Director of Public Works. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. .0904 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks except in the Theme Park District on Harbor Boulevard in the bus and shuttle drop-off area as described in Exhibit 4.4.2a. "Conceptual Diagram for Theme Park Drop-off Area," of the Specific Plan document and in the existing parking facilities in the Hotel District and in the Theme Park District as described in Exhibit 3, "Existing Structures to Remain," of the 40 Specific Plan document. Surface parking between the front building line and the required front yard setback is permitted except on Harbor Boulevard and Katella Avenue. .0905 Parking in Interior Lot Setbacks. Where an interior lot property line abuts a multiple -family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the residential zone property line on maximum fifteen (15) foot centers; and further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in subsection 18.114.050.1002 (Screening Abutting Residential Property). .0906 Decorative Elements Permitted. Fountains, planters and sculptures (not to exceed thirty-six (36) inches in height), and decorative paving, walkways and ponds shall be permitted within the required setback, provided they are an integral part of the landscaping plans approved with the Final Site Plan as described in subsection 18.114.040.020 (Final Site Plan Approval) and in compliance with the vehicular sight distance requirements as described in paragraph 18.78.050.090.0903 (Vehicle Sight Distance to be Maintained). .0907 Utility Elements and Associated Decorative Screen -Type Fences or Walls. Utility elements, devices or facilities and associated decorative, screen -type fences or walls, shall be permitted to encroach into the required interior setback areas, provided such encroachments shall not exceed thirty-six (36) inches in height and such associated walls or fences do not prohibit access to utility devices or facilities. Encroachments into the required setback area adjacent to a public street for necessary utilities and associated screening may be approved by the Planning Director subject to the provisions of subsection 18.114.050.090.0920 (Utility Elements and Screening Walls/Fences). .0908 Signs Permitted. Signs shall be permitted as provided in Section 18.11.4.130 (Sign Regulations) except as otherwise restricted by subsection 18.114.130.060 (Business and Identification Signs), Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) found in subsection 18.114.130.060.0604 (Sign Standard Matrices) and subsection 18.114.130.070 (Automotive Service Station Signs). .0909 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from the front property line, and further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. .0910 Driveways and Walkways Permitted. Entrance and exit driveways and walkways into building or parking areas, including driveways and walkways that provide reciprocal access between adjacent properties, shall be permitted subject to the approval of the City's Traffic and Transportation Manager. .0911 Utility Elements and Screening Walls/Fences. The Planning Director, without public notice or hearing required, may approve encroachments into 41 required setback areas adjacent to a public street for utility elements, devices or facilities and screening walls/fences associated with utility elements provided that (i) physical constraints on the subject property or the location of existing utility elements preclude strict adherence to the setback requirements; (ii) said encroachments do not prevent the setback area from being landscaped in accordance with the Design Plan; (iii) the screening wall/fence height does not exceed the maximum wall/fence height allowed by this Chapter; (iv) any screening is in accordance with subsection 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained); and (v) any utilities are fully screened by landscape and/or walls/fences which are planted with clinging vines or fast-growing shrubs so that the utilities are not visible from the public right-of-way or adjacent properties. The decision of the Planning Director shall be in writing and shall be final and effective ten (10) days following the date thereof unless an appeal to the Planning Commission is filed within that time by any interested person or review is requested by two or more members of the City Council. Notwithstanding the foregoing, the Planning Director may refer consideration of said encroachments to the Planning Commission for review and approval at a public meeting, without public notice or a public hearing, as a Report and Recommendation Item. The Planning Commission's decision shall be final and effective ten (10) days from the date of the Planning Commission's announced decision unless an appeal to the City Council is filed within that time by any interested person or review is requested by two or more members of the City Council. Appeals shall be processed as set forth in Sections 18.60.130 through 18.60.150, except as expressly set forth in this paragraph .0911. (Ord. 5580 § 10 (part); October 22, 1996: Ord. 5613 § 3; September 16, 1997.)" SECTION 65. That subsection .100 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".100 Required Site Screening. .1001 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway or residential zone boundary as set forth in Section 18.114.090.050 (Structural Setback and Yard Requirements). The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. .1002 Screening Abutting Residential Property. Where the property abuts a residential zone, this buffer shall consist of a minimum eight (8) foot high masonry wall, located at the property line, except in the Future Expansion District where it can be twelve (12) feet high, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides if visible from public right-of-way. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .1003 Screening Abutting Freeway. Where the property abuts a freeway, except as provided for in subsection 18.114.060.050 (Setbacks — Lots Abutting Public 42 Rights -of -Way), a ten (10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be permanently planted, irrigated and maintained. When a wall is provided at the property line, the wall shall be designed or situated so as not to obstruct the view of the landscaping from the freeway. Such walls shall be decorative and landscaped in compliance with the design plan. .1004 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. .1005 Screening of Surface Parking Areas. Where surface parking is visible from an adjacent public street, such parking areas shall be screened with landscaping. Said landscaping area shall consist of: (a) shrubs or bushes which can attain a minimum height of thirty-six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or (c) decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches. .1006 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .1007 Utility Equipment. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross -connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transforniers. .1008 Roof Mounted Equipment. Roof mounted equipment shall be painted the same color as the roof, shall be screened from view of adjacent public rights- of-way and from adjacent properties at any point measured six (6) feet above grade and shall be considered as part of the total building height except as provided for in Section 18.114.080 (Land Use and Site Development Standards — Parking District ( Development Areas 3a and 3b)). .1009 Refuse Container and/or Trash Compactor Enclosures. Refuse container enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Design Plan and in compliance with the Maintenance standard entitled "Refuse Container Enclosure for Multiple -Family Residential, Commercial and Industrial Use" on file in the Building 43 Division of the Planning Department. Refuse container and/or trash compactor enclosures shall be constructed with a roof. .1010 Vacant Land. Vacant land shall be screened from view from the public right-of-way by one of the following screening methods set forth in the following sub -paragraphs .01 or .02 or the vacant land shall be planted with temporary landscaping or groundcover complete with temporary irrigation and maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for the portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this chapter. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock is not subject to the screening requirements contained herein. .01 Land which is vacant for under one (1) year shall be screened with a six (6) foot high chainlink fence adjacent to all public rights-of-way and adjacent properties with green scrim securely attached to the street side and adjacent property side of the chainlink fence. .02 Land which is vacant for over one (1) year may be screened by a chainlink fence and green scrim as required in .01 above; however, the fence shall be relocated so that a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area shall be planted adjacent to the public right-of-way in front of the chainlink fence with scrim. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in subsection 18.114.050.110 (Landscaping), and shall conform to the Design Plan. .1011 Walls and Fences. Walls and fences containing solid surfaces accessible to the public, with the exception of walls that are part of an entry monument design, shall be landscaped with either clinging vines or fast-growing shrubbery which will screen the wall or fence surface within a period of two (2) years of installation so as to eliminate graffiti opportunities. The maximum permitted wall or fence height shall not exceed sixteen'(16) feet provided that heights in excess of twelve (12) feet for walls other than sound attenuation walls required by a Noise Study, shall be subject to the approval of a Conditional Use Permit in accordance with subsection 18.114.050.040 (Conditional Uses and Structures). Sound attenuation walls shall be screened from public view with landscaping, including vines and shrubs. Refer to Exhibit 5.8.3f, "Wall/Fencing Plan," of the Specific Plan document for locations of the permitted twelve (12) to sixteen (16) foot high sound attenuation walls. In the Theme Park District, chain link fences and trellises on walls for landscape screening purposes, are permitted to a maximum height of sixteen (16) feet. Walls and fences constructed in District A and under the provisions of the C-R Overlay or Pointe Anaheim Overlay shall not exceed eight (8) feet in height. In District A, the C-R Overlay and the Pointe Anaheim Overlay, the use of chainlink fencing (with the exception of temporary chainlink fences used to screen vacant land as set forth in subsection 18.114.050.100.1010 (Vacant Land), barbed wire and/or razor wire is prohibited. 44 .01 Exceptions. Unless specified otherwise in this chapter, within any required street landscape setback area, walls and/or fences shall be permitted at a maximum height of thirty-six (36) inches with the exception of walls/and or fences used as barriers to create enclosure for outdoor dining areas, which shall be permitted to a maximum height of forty-two (42) inches. All walls and/or fences within the vehicular line -of -sight area as described in paragraph 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained) shall be a maximum height of twenty-four (24) inches. Such walls and/or fences shall be decorative and designed to complement the landscape setback area and planted and maintained with clinging vines. (Ord. 5580 § 10 (part); October 22, 1996: Ord. 5613 § 4; September 16, 1997.)" SECTION 66. That subsection .030 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Layout and Design. .0301 Layout and Design of Surface Parking Areas. All surface parking areas and vehicle accessways shall comply with the requirements of Section 18.42 ( Parking and Loading), with the exception of parking spaces constructed for theme park and retail entertainment center uses, which shall conform to Exhibit 5.7.8.2d (Public Parking Facility Layout) of the Specific Plan document, and for employees of the Theme Park District, which shall conform to the Exhibit 5.7.8.2f (Employee Parking Layout) of the Specific Plan document and the provisions of the Design Plan, which shall be exempt from the provisions of this requirement. .0302 Parking Structure Design. All Parking Structures in the Parking District shall conform to the Exhibit 5.7.8.2d (Public Parking Facility Layout) of the Specific Plan document, the provisions of the Design Plan and the following requirements: .01 A visual barrier shall be provided along the edges of each level of the parking structure to conceal complete views of parked vehicles. .02 Engineering Standard Details pertaining to commercial drive approaches shall not apply to the parking facility. (Ord. 5580 § 26, October 22, 1996.)99 SECTION 67. That subsection .080 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 Parking Markings and Separations. With the exception of parking spaces and facilities located in the Parking District and/or for theme park and retail entertainment center uses, all parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with the applicable Engineering Standard 45 Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures. Parking shall be separated from buildings, sidewalks and plazas by landscaped areas having a minimum width of five (5) feet. Parking shall be separated from any abutting property line, by a minimum six (6) inch curb, and shall be screened from view of public rights-of-way and adjacent properties. (Ord. 5580 § 27A; October 22, 1996.)" SECTION 68. That subsection .120 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, (except for parking for theme park and retail entertainment center uses), District A and the C-R and Pointe Anaheim Overlays only shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Design) and 18.42.070 (Parking Lot Design) and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures, except as follows: .1201 Maximum Curb Openings per Street Frontage. A maximum of twenty-five percent (25%) of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty-five (25) feet, in which case there shall be a maximum of one (1) twenty-five (25) foot wide curb opening. The maximum number of curb openings per street. frontage shall not exceed the following standards: (600) feet: Two (2). .01 Parcel frontage three hundred (300) feet or less: One (1). .02 Parcel frontage three hundred one (301) to six hundred .03 Parcel frontage greater than six hundred (600) feet: Four (4). .04 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels subject to the approval of the City's Traffic and Transportation Manager. .05 Access required and limited to emergency vehicles or access to utility easements shall not be considered as curb openings as provided in this section. .1202 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty-five (25) feet wide in accordance with the Design Plan, with wider widths subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .1204 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to- preclude a car from backing out of a stall and into the forty (40) foot entry drive, in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to driveway locations. (Ord. 5580 § 29; October 22, 1996: Ord. 5689 § 7; July 13, 1999.)" SECTION 69. That subsection .130 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.42.100 (Loading Requirements) and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to truck dock standards A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel." SECTION 70. That subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Signs - General. .0201 Application. .01 Sign standards and regulations contained within this section shall apply to all Districts and the C-R Overlay within the Specific Plan area, except that for theme park or retail entertainment center uses developed in the Theme Park and Hotel Districts, the sign standards contained in this section and other sign regulations contained within the Anaheim Municipal Code shall only apply to signs within the required setback adjacent to perimeter streets, excluding West Street/Disneyland Drive. In the Theme Park and Hotel Districts, wall signs for theme parks and retail entertainment center uses adjacent to the required setback along perimeter streets, excluding West Street/Disneyland Drive, shall be internally oriented. 47 .02 Pointe Anaheim Overlay. Sign standards and regulations contained within this section shall apply to development in the Pointe Anaheim Overlay subject to the following exceptions: (a) Signs, objects or structures located in the interior areas of the Pointe Anaheim Lifestyle Retail and Entertainment Complex shall be exempt from the requirements set forth in Section 18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in an "interior" area for the purposes of this section if they are: (i) Not visible to pedestrian or vehicular traffic from the public right-of-way at an equal elevation as the Pointe Anaheim property line (measured five (5) feet above the grade of the sidewalk on the opposite side of the street from the Pointe Anaheim project; or, (ii) At least 160 feet from the adjacent public right-of- way or correspond with the setback of the last building bordering the view corridor, whichever is further as shown on Exhibit 5.8.3.f.5 (Pointe Anaheim Interior Signage and Icon/Themed Signage Element), and are visible only to pedestrian and/or vehicular traffic through limited view corridors at the entrances to the Pointe Anaheim Lifestyle Retail Entertainment Complex (as shown on Exhibit 5.8.3.f.5). The final dimensions of the view corridor shall be shown on the Final Site Plan, and shall not exceed the corridor widths shown on Exhibit 5.8.3.f.5. (b) Icon/themed signage elements, as defined in subparagraph 18.114.130.060.0602.05 (Business and Identification Signs) may be permitted subject to approval of a conditional use permit as set forth therein. (c) On-site Informational, Regulatory and Directional ("IRD") Signs. IRD Signs visible from the public right-of-way shall comply with the following: (i) The maximum sign area shall be eight (8) square feet. (ii) The design, location and number of signs shall be approved as part of the Coordinated Signage Program with the Final Site Plan for the Lifestyle Retail and Entertainment Complex. (iii) If a company symbol or logo is included in the sign copy, said symbol or logo shall occupy a maximum of twenty five percent (25%) of the sign area. (iv) An IRD sign may encroach into the required minimum setback abutting the adjacent public right-of-way provided that the location of the sign shall comply with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of - sight standards. 48 following: (d) Projecting Signs. Projecting Signs shall comply with the (i) The maximum sign projections shall be forty (40) inches as measured from the building wall and may encroach into the required setback area adjacent to the public right-of-way. (ii) Not more than one (1) projecting sign shall be permitted per storefront; provided, however, that in the case of a storefront that is located on a street corner, two (2) projecting signs may be permitted if both projecting signs will not be visible at the same time from any one point along the adjacent intersecting public rights-of-way. (iii) The maximum area of each sign face shall be six (6) square feet. (iv) The maximum height to the top of the sign panel shall be twelve (12) feet above the ground level directly below the sign, and the minimum clearance between the sign and the ground level shall not be less than eight (8) feet. (v) The sign shall not project above the building wall or roofline, whichever is lower. of the business. (vi) The sign copy shall be limited to the name and/or logo (e) Parking Structure Entry and Projection Identification Signs. A Parking Structure Entry and Project Identification Sign is a wall sign including the name of the project, the project logo or symbol, and/or words identifying the parking entrance and/or exit, which complies with the following: (i) Disney Way and Katella Avenue. One (1) Parking Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as follows: a. Such sign shall have one (1) display surface which shall be parallel to and in front of the exterior wall of the entrance to the parking structure. b. Such sign shall not encroach into any public right-of-way. C. Such sign shall be limited to a maximum sign area of eight (8) square feet with a maximum letter height of two (2) feet, six (6) inches. d. Such sign shall be located a minimum of eighty (80) feet from the public right-of-way. (ii) Clementine Street. One (1) Parking Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as follows: 49 a. Such sign shall have one (1) display surface which shall be parallel to and in front of the exterior wall of the entrance to the parking structure. b. Such sign shall not encroach into any public right -of --way. C. Such sign shall be limited to a maximum sign area of twenty five (25) square feet with a maximum letter height of twelve (12) inches. d. Such sign shall be located a minimum of eighty (80) feet from the public right-of-way. (f) Project Identification Wall Signage. Project Identification wall signage shall be limited to one (1) building wall sign or one (1) `garden wall' sign with the name and/or Logo of the Project, as described herein, for each street frontage provided that the minimum distance between such signs shall be two hundred (200) feet, as measured along the street frontages, and further subject to the following: (i) Project Identification Building Wall Sign. Each building wall sign shall be limited to a maximum size of two hundred forty (240) square feet with a maximum letter height of fifty two (52) inches, and shall be subject to the following: a. The maximum height of the sign shall not extend above the top of the building eave line or roofline, whichever is lower. b. The sign' letters shall be located no closer than one half (0.5) the size of the letter to the top and sides of the building wall or facia. C. (12) inches from the wall to which it is attached. d. building wall with visible supports or raceways. Such sign shall not project more than twelve Such sign shall not be attached to the e. Such sign shall consist of internally illuminated channel letters and all raceways shall be concealed. (ii) Project Identification Garden Wall Sign. A `Project Identification Garden Wall Sign' is a sign identifying the project that is integrated into a feature landscape element such as a wall or other landscape feature that expresses the architectural character or theme of the Project. The allowable sign area shall comply with paragraph .0102 (Area of Sign) of subsection 18.114.130.010 (Definitions Pertaining to Signs), and the requirements for a Freestanding Monument Sign as set froth in paragraph .0604 (Sign Standard Matrices) of subsection 18.114.130.060 (Business and Identification Signs) of this Chapter provided that: cl a. The feature landscape element may extend into the required setback area adjacent to a public right-of-way provided that a minimum seven (7) foot setback from the public right-of-way shall be maintained and provided further that the element shall comply with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of - sight distance standards. b. The maximum height of the garden wall or any landscape element shall not exceed eight (8) feet. C. The maximum length of the garden wall shall not exceed seventy (70) feet. d. Sign illumination shall be the same as permitted for Freestanding Monument Signs pursuant to paragraph .0604 (Sign Standard Matrices) of subsection 18.114.130.060 (Business and Identification Signs). .0202 Administrative Provisions - Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Specific Plan area, with the exception of theme parks and retail entertainment centers in the Theme Park and Hotel District, which shall be exempt from the provisions of this section and other regulations contained within the Anaheim City Code governing signs, shall be regulated and controlled exclusively by the provisions of this chapter except to the extent reference is expressly made in this chapter to any other provision of the Anaheim Municipal Code. In the event of any conflict between the provisions of this chapter and any other provisions of the Anaheim Municipal Code so referenced herein, the provisions of this chapter shall govern and prevail. All signs and all applications shall therefore be exclusively administered by the Planning Director except those signs which may be sought in conjunction with a conditional use permit or a zone variance. .0203 Coordinated Sign Program. All signs on a property shall be designed as part of a coordinated architectural, informational, regulatory and directional sign system with a consistent design detailing, typeface and color system. All multi -tenant signs shall either use one consistent typeface for all tenants or use one color for all sign copy. The capital letter height of all tenant identification copy shall be the same on a single sign face. Multi -tenant wall signs shall either be all wall signs or all canopy signs except for as provided elsewhere in this chapter for hotel/motel accessory uses. .0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in this Zone shall be contained within this chapter; provided, however, the provisions of Section 18.44.170 (Temporary Signs — Special Event Permit), and Chapters 4.04 (Outdoor Advertising Signs and Structures — General), 4.08 (Outdoor Advertising Signs and Structures — Near Freeways) and 4.09 (Advertising of Motel and Hotel Rental Rates)" of the Anaheim Municipal Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this chapter. 51 .0205 Variances From Sign Requirements. No person shall install or maintain any sign in the Specific Plan area except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Chapters 18.60 (Procedures) and 18.66 (Conditional Use Permits). .0206 Signs Approved in Conjunction with Conditional Use Permits. Approval of any conditional use permit shall be deemed to constitute approval of any on-site signs which are otherwise permitted in the Specific Plan area unless, as part of the action approving the conditional use permit, more restrictive sign requirements are imposed. .0207 Legal Nonconforming Signs - General. Any sign or other advertising structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this chapter shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. .01 Legal Nonconforming Signs -Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this chapter (hereinafter the "abatement") either: (a) within twelve (12) years from and after the date said sign first becomes nonconforming to the provisions of this chapter, or (b) on or before December 31, 2005, whichever is later; provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one (1) year's advance written notice from the Planning Director of the City requiring the removal or alteration of sign. Notwithstanding the foregoing: (i) Any . advertising display .which was lawfully erected, but whose use has ceased; or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety (90) days, shall be removed, altered or replaced so as to conform to the provisions of this chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. (ii) Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty (30) days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. 52 (iii) Any advertising display, whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this chapter in conjunction with said project. (iv) Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign per said agreement. (v) Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Section 18.44.170 (Temporary Signs — Special Event Permit) or within such other time as expressly authorized by the City. (vi) Any advertising display which is an immediate danger to public health or safety shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. (vii) Any advertising display which in the opinion of the City Traffic and Transportation Manager constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. (viii) Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. (ix) Illegal Signs. Illegal signs as defined in subsection 18.114.130.010 (Definitions Pertaining to Signs) shall be removed, altered or replaced so as to conform to the requirements of this chapter within six (6) months following the effective date of this chapter. .0208 Regulation of Special Types of Signs - General. Notwithstanding any other provisions of this chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. .0209 Signs Required By Law. Nothing contained in this chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign 53 erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law. .0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way), except signs and gateways as described in the Design Plan or on the pedestrian overcrossing on Disneyland Drive, and private Anaheim Resort business identification freestanding monument signs within the ultimate public right-of-way along Katella Avenue, provided an Encroachment License is approved for such signs by the Public Works Department. .0211 Political Campaign Signs. Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property provided: .01 Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.114.130.020.0212 (Minimum Sight Distance Requirements for Freestanding Signs); .02 Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and, .03 Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 (Building and Housing) of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. (Ord. 5580 § 31 (part); October 22, 1996: Ord. 5689 § 8; July 13, 1999; Ord. 5807 §5; March 19, 2002.) .0212 Minimum Sight Distance Requirements for Freestanding Signs. A line -of - site triangle is hereby established at each corner of every intersection of two (2) streets. Two (2) legs of the triangle shall extend twenty-five (25) feet along the ultimate right-of-way line of each street right-of-way (except at the intersection of Harbor Boulevard and Katella Avenue where the legs of the triangle shall extend twenty-five (25) feet along the back of the sidewalk) and the third leg shall connect the termini of each of the other two (2) legs. No sign above twenty-four (24) inches (as measured from the finished grade of the adjacent sidewalk) in height shall be permitted within the line -of -site triangle. Any freestanding sign installation located within fifty (50) feet of any driveway, including driveways on adjacent properties, shall meet the provisions of the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 71. That subsection .050 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 54 ".050 Conditional Uses and Structures. Due to the uniqueness of The Anaheim ResortTM as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted provided a conditional use permit is approved therefore pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .0501 Amusement parks, theme -type complexes, aviaries, zoos. Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping. of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. .0502 Art galleries. .0503 Automobile car washes in conjunction with service stations only. .0504 Automobile rental agencies with on-site storage and/or display of rental vehicles not otherwise permitted by subparagraph 18.116.070.030.0302.02. .0505 Automobile service stations, subject to the requirements of Chapter 18.3 8.070 (Automotive Service Stations) (except as certain associated uses are conditionally permitted or prohibited in this subsection), provided that site development shall be governed by the provisions of this chapter and the Design Plan. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property agreeing to remove all structures, including underground tanks, in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .01 Conditionally Permitted Uses. Tow truck operations may be permitted in conjunction with a service station facility subject to the following requirements: (a) A maximum of one (1) tow truck shall be permitted. (b) When on-site, the tow truck shall be screened from view of the public right-of-way at all times. 55 (c) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (d) No additional signage advertising tow truck operations shall be permitted. .02 Prohibited Uses. Under no circumstances shall the following uses be permitted in conjunction with any service station facility: off -premises consumption. (a) The sale of alcoholic beverages for on -premises or (b) Convenience markets or mini -markets. (c) Rental and/or display of utility trailers or trucks. (d) Tow truck operations not in compliance with subparagraph .0505(a) above. .0506 Automobile/vehicle parking lots or parking structures not otherwise permitted by subsection 18.116.070.030 (Permitted Accessory Uses and Structures). .0507 Bowling alleys, including sale of alcoholic beverages for on - premises consumption. .0508 Churches. .0509 Emergency medical facilities. .0510 Golf courses, including miniature golf courses. .0511 Hotels and motels, including suite -type hotels, located south of Orangewood Avenue. .0512 Improvements to legal nonconforming buildings or structures as identified in paragraph 18.116.020.050.0505 (Non -Conforming Structures and Uses). .0513 Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred -fifty (150) feet of any multi -family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobilehome Park (MHP) Overlay Zone.) 56 .0514 Kitchens or kitchenettes in hotel or motel guest rooms or suites. .0515 Massage establishments, integrated within a hotel or motel only, for which a permit is required pursuant to Chapter 4.29 (Baths, Sauna Baths, Massage Establishments and Similar Businesses) of the Anaheim Municipal Code. .0516 Museums. .0517 Non -publicly operated convention centers including exhibition halls and auditoriums. .0518 Office buildings when accessory to, and integrated as part of, an on- site permitted primary or conditional use. .0519 Outdoor recreational playground areas in conjunction with permitted primary uses and structures. .0520 Radio and television studios, which may include accommodations for filming/taping in front of live audiences. .0521 Recreational vehicle and campsite parks limited to use for short- term visits, not to exceed thirty (30) days in any calendar year, by tourists and visitors. .0522 Restaurants with public entertainment pursuant to and as defined in Chapter 18.92 (Definitions); walk-up only restaurants; or fast food only restaurants. .0523 Signs as provided for in paragraph 18.116.130.060.0602 (Conditionally Permitted Signs). .0524 Skating rinks. .0525 Specialty retail centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall consist of a minimum of five (5) acres, have integrated management, and shall have a "festive theme" orientation, and: .01 Plazas and/or other pedestrian -oriented amenities shall be part of the center's design as set forth in the Design Plan. .02 Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on -premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off - premises consumption; sale of alcoholic beverages for on -premises consumption; 57 entertainment facilities; and amusement arcades, subject to the provisions of Chapter 4.14 ( Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. .0526 Structures within one hundred fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred fifty (150) feet of any multi -family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a, (Mobilehome Park (MHP) Overlay Zone) exceeding a height equal to one-half (V2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. .0527 Theaters, including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters. .0528 Transportation facility, as defined in paragraph 18.116.030.070 (`T' Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter 18.92 (Definitions) (excluding heliports); provided that any such station or hel istop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. .0529 Uses or activities not listed, nor specifically prohibited, in this chapter which are determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. .0530 Vacation ownership resorts subject to compliance with the requirements of Section 18.116.120 (Requirements for Vacation Ownership Resorts). .0531 Outdoor Food and/or Beverage Carts, in conjunction with a hotel and subject to the following conditions: .01 The design of the cart shall be compatible with the architectural design and/or theme of the hotel. .02 The cart shall not be permitted to encroach into any required setback areas. .03 One (1) non -illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10 - inches, may be displayed on or below the valance of the roof canopy. .04 One (1) menu pricing sign, not to exceed 12 -inches in width by 18 -inches in height, may be displayed on the cart below the roof canopy. 58 .05 One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. .06 The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. .07 All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. .08 When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. .09 The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. .0532 Public Dance Hall as defined in Chapter 4.16 of the Anaheim Municipal Code." SECTION 72- That 2_ That subsection .100 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".100 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall comply with the provisions provided herein. .1001 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height shall be permitted within the "Commercial Driveway Approach" area as defined by the applicable Engineering Standard Details on file in the office of the Director of Public Works. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. .1002 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks. .1003 Parking in Interior Lot Setbacks. Where an interior lot property line abuts a single-family or multiple -family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the 59 residential zone property line on maximum fifteen (15) foot centers; and, further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in paragraph 18.116.070.110.1102 (Screening Abutting Residential Zone or MHP Overlay Property). .1004 Decorative Elements Permitted. Fountains, planters, and sculptures (not to exceed thirty-six (36) inches in height) and, decorative paving, walkways and ponds shall be permitted within the required front yard setback, provided they are an integral part of the landscaping plans approved with the Final Site Plan as described in subsection 18.116.040.020 (Final Site Plan Review and Approval), and in compliance with the vehicular sight distance requirements as described in paragraph 18.116.070.100.1001 (Vehicle Sight Distance to be Maintained). .1005 Signs Permitted. Signs shall be permitted as provided in Section 18.116.130 entitled "SIGN REGULATIONS" of this chapter except as otherwise restricted by subsection 18.116.130.060 entitled "BUSINESS AND IDENTIFICATION SIGNS," Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" found in paragraph 18.116.130.060.0604 (Sign Standard Matrices) and subsection 18.116.130.070 (Automotive Service Stations Signs). .1006 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from any property line abutting a public -right-of-way; and, further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. All flags shall be kept in good repair. Is .1007 Driveways and Walkways Permitted. Entrance and exit driveways and walkways into buildings or parking areas, including driveways and walkways that provide reciprocal access between adjacent properties, shall be permitted subject to the approval of the City's Traffic and Transportation Manager. .1008 Balconies and Architectural Projections Permitted. A maximum three (3) foot encroachment into the required minimum building setback area adjacent to the ultimate public right-of-way shall be permitted for balconies and architectural projections. .1009 Utility Elements and Associated Decorative Screening Walls/Fences. Utility elements, devices or facilities and associated decorative, screen -type fences or walls, shall be permitted to encroach into the required interior setback areas, provided such utility elements shall not exceed six (6) feet in height and shall not be visible when the site is viewed at any point measured six (6) feet above grade from any public right-of-way or adjacent property, and such associated walls or fences do not prohibit access to utility devices or facilities or block access or egress from any emergency exit or exit way. Utility elements, devices or facilities are prohibited from encroaching into the front setback area." 60 SF.C'TION 73_ That subsection .110 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".110 Required Site Screening. .1101 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway or residential zone boundary as set forth in subsection 18.116.070.090 (Structural Setback and Yard Requirements). The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. .1102 Screening Abutting Residential 4one or MHP Overlay Property. Where the property abuts a residential or MHP Overlay zone, this buffer shall consist of a minimum eight (8) ' foot high masonry wall, located at the property line, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .1103 Screening Abutting Freeway. Where the property abuts a freeway, a minimum ten (10) foot wide landscape buffer shall be required. Said buffer shall be permanently planted, irrigated and maintained. Walls are not permitted to encroach within this required buffer. .1104 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. .1105 Screening of Parking Areas. Where parking is visible from a public right-of-way, the parking shall be screened with a landscape area in compliance with the Design Plan. Said landscape area shall consist of: .01 shrubs or bushes which can attain a minimum height of thirty-six (36) inches within two (2) years of installation; .02 landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or .03 decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches. .1106 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and, said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be 61 landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .1107 Utility Equipment. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. .1108 Roof -Mounted Equipment. Roof -mounted equipment shall be painted the same color as the roof, shall be screened from view of adjacent public rights- of-way and from adjacent properties at any point measured six (6) feet above grade, shall be screened by the architectural design of the building, and shall be considered as part of the total building height. Equipment penthouses or screening components which are not an integral part of the architectural design of the building are prohibited. .1109 Refuse Container and/or Trash Compactor Enclosures. Refuse container and/or trash compactor enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Design Plan and in compliance with the Maintenance Standard entitled "Refuse Container Enclosure for Multiple -Family Residential, Commercial and Industrial Use" on file in the Building Division of the Planning Department. Refuse container and/or trash compactor enclosures shall be constructed with a roof, and the exterior walls shall be landscaped and maintained with clinging vines or fast-growing shrubbery which will cover the exterior walls of the enclosure within two (2) years of installation to eliminate graffiti opportunities. .1110 Vacant Land. Vacant land shall be screened from view from the public right-of-way by one of the screening methods set forth in the following sub- paragraphs .01 or .02 or the vacant land shall be planted with temporary landscaping or groundcover complete with temporary irrigation and maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for the portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this chapter. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock is not subject to the screening requirements contained herein. .01 Land which is vacant for under one (1) year may be screened with a six (6) foot high chainlink fence adjacent to all public rights-of-way and adjacent properties with green scrim securely attached to the street side and adjacent property side of the chainlink fence. .02 Land which is vacant for over one (1) year may be screened by a chainlink fence and green scrim as required in .01 above; however, the fence shall be relocated so that a minimum three (3) foot high and minimum ten (10) foot wide berm, or 62 a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area shall be planted adjacent to the public right-of-way in front of the chainlink fence with scrim. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in subsection 18.116.070.120 (Landscaping), and shall conform to the Design Plan. .1111 Walls and Fences. Walls and fences shall be planted with either clinging vines or fast-growing shrubbery which will screen the wall or fence surface within two (2) years of installation so as to eliminate graffiti opportunities. The maximum permitted wall or fence height shall not exceed eight (8) feet adjacent to commercially and/or residentially -zoned properties. The use of chainlink fencing (with the exception of temporary chainlink fences used to screen vacant land as set forth in paragraph 18.116.070.110.1110 (Vacant Land) of this chapter), barbed wire and/or razor wire is prohibited. .01 Exceptions. Within any required front yard setback area, walls and/or fences shall be permitted to a maximum height of thirty-six (36) inches with the exception of walls and/or fences used as barriers to create enclosure for outdoor dining areas, which shall be permitted to a maximum height of forty-two (42) inches. All walls and/or fences within the vehicular line -of -sight area, as described in paragraph 18.116.070. 100. 1001 (Vehicle Sight Distance to be Maintained), shall be a maximum of twenty-four (24) inches. Walls and/or fences shall be decorative and in compliance with the Design Plan. (Ord. 5694 §3; August 17, 1999.)" SECTION 74. That subsection .070 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures. Parking shall be separated from buildings by landscaped areas having a minimum width of five (5) fcct. Parking shall be separated from any abutting property line by side yard setback landscaping and; by a minimum six (6) inch curb, and shall be screened from view of public rights-of-way and adjacent properties in compliance with the Design Plan." SECTION 75. That subsection .110 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".110 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Access) and 18.42.070 (Parking Lot Design), and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures, except as follows: COX .1101 Maximum Curb Openings per Street Frontage. The maximum number of curb openings per street frontage shall not exceed the following standards: .01 Parcel width three hundred (300) feet or less: One (1). .02 Parcel width over three hundred (300) feet: Two (2). .03 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels. .1102 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1103 Driveway Width Dimensions. Driveways shall be a minimum of twenty-four (24) feet wide, and a maximum of thirty-five (35) feet wide, with wider widths subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .1104 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works, or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1105 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry driveway in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to driveway locations." SECTION 76. That subsection .130 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.42. 100 (Loading Requirements) and the applicable Engineering Standard Details on file in the office of the Director of Public Works. A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel." SECTION 77. That subsection .040 of Section 18.118.030 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 "D" Words Terms and Phrases. iC .0401 Development. The improvement of the property for purposes of constructing the structures, improvements and facilities comprising the project as set forth in the Specific Plan, including, without limitation: grading; the construction of infrastructure and public facilities relating to the project whether located within or outside the property; the construction of any structure; and the installation of utilities and landscaping. .0402 Drive. An on-site vehicular passageway between Clementine and Zeyn Streets for the exclusive use of the occupants of a project or property and their guests. A drive shall not be considered a street. Parking shall be permitted on a drive provided the drive complies with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking dimensions. .0403 District A. That portion of the Specific Plan Area comprising approximately 5.95 acres and more particularly described in Attachment A of Ordinance - No 5614. .0404 District B. That portion of the Specific Plan area comprising approximately .85 acre and more particularly described in Attachment B of Ordinance No. 5614. (Ord. 5614 § 1; October 21, 1997.)" SECTION 78. That subsection .050 of Section 18.118.112 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Sight Distance. No landscape materials or other elements exceeding twenty-four (24) -inches in height shall be permitted within the "Commercial Driveway Approach" area defined by the applicable Engineering Standard Details on file in the office of the Director of Public Works. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this subsection. (Ord. 5444 § 1 (part); August 16, 1994.)" SECTION 79. That subsection .010 of Section 18.118.114 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Screening at Public Rights -of -Way. Where parking is visible from a public right-of-way, the parking shall be screened with a landscaped area. Said landscaped area shall consist of thirty-six (36) inch high screen -type shrubs, bushes, or vine covered wall and/or berming, and shall conform to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." 65 SECTION 80. That subsection .100 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".100 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures, except as provided in this Chapter. Parking shall be separated from any abutting property line by a minimum six (6) inch curb with the exception of driveway areas between properties, where no such curb shall be required." SECTION 81. That subsection .150 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read -as follows: ".150 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Access) and 18.42.070 (Parking Lot Design) and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking for non-residential uses and parking structures, except as provided in this Chapter." SECTION 82. That subsection .210 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".210 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches. (Ord. 5444 § 1 (part); August 16, 1994.)" SECTION 83. That subsection .050 of Section 18.118.143 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Location. All future establishment signs shall be located in the middle thirty percent (30%) of the street frontage except for corner lot sign locations where said sign shall be set back a minimum distance of thirty-five (35) feet from the intersection at the two property lines forming the street intersection in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 84. That the Title, only, of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.120.050 LAND USE AND DEVELOPMENT STANDARDS INDUSTRIAL AREA (DEVELOPMENT AREA 1)." SECTION 85. That subsection .090 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".090 Structural Setback and Yard Requirements. Every building, structure or addition thereto erected in this Development Area shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) and Chapter 18.46 (Landscaping and Screening) except as follows: .0901 Setback adjacent to public rights-of-way. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right-of- way line as designated on the Circulation Element of the General Plan or the ultimate right-of- way line of a local street, and shall be a depth as indicated below. .0902 Abutting any arterial highway other than collector streets, setbacks of fifty (50) to sixty-five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right-of-way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty-five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the 67 remaining fifty five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0903 Abutting collector streets, a structural setback of not less than twenty-five (25) feet with a minimum ten (10) feet adjacent to the ROW fully landscaped including a minimum of one (1) tree planted for every twenty (20) linear feet of frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. The remainder of the required setback area shall be limited to parking and/or vehicular circulation. .0904 Abutting the Riverside (SR -91) Freeway rights-of-way, freeway frontage roads, (including any freeway transition road and on- or off -ramp) minimum setbacks of thirty (30) to one -hundred (100) feet shall be provided as follows: (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a service - aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet of that remaining setback area. (b) If parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (c) Abutting freeway frontage roads or any on- or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully 'landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road or on- or off -ramp is substantially elevated or below the grade of the freeway right-of-way, in which case, no shrub screen shall be required. .0905 Abutting local streets a setback of not less than five (5) feet, fully landscaped including a minimum of one (1) tree for every twenty (20) linear feet of street frontage. .0906 Side and Rear Setbacks. None required except where a lot sides or rears upon any residential zone. When this situation exists, the height of any building or 68 structure shall not exceed the height limitation of paragraph 18.120.050.080.0862. (a) The provision for side and rear yards specified above shall not apply when the lot is adjacent to any "T" Transition zoned property upon which a resolution of intent for nonresidential uses has been approved. .0907 Service Station Setbacks. Pump islands may be placed within the setback area and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards contained in Section 18.38.070 (Automobile Service Stations) of Chapter 18.38 (Supplemental Use Regulations). .0908 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right-of- way, with the exception of trees, shall not exceed thirty-six (36) inches in height, and shall further be subject to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 86. That paragraph .1503 of subsection .150 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".150 Salvage, shredding and Vehicle Dismantling Operations. No scrap metal salvage, shredding, automotive dismantling, used auto parts business or non-ferrous collection processing facility and/or yard shall be permitted or operated pursuant to subsection 18.120.050.010, except in compliance with all of the following provisions: .1501 All uses shall be contingent upon prior timely compliance with the terms and conditions of a stipulation for judgment and judgment as described in subsection 18.120.050.040.0404 of this section (the "Stipulation and Judgment"). .1502 All uses shall be maintained in such a manner that outdoor storage areas and operations shall be screened from view from public rights-of-way by sufficient landscaping and a solid masonry or other opaque material wall, as approved by the Planning Director. .1503 The use or uses shall be subject to Community Preservation Division inspections, as often as required by that Division, to ensure compliance with all applicable regulations of this Development Area. .1504 The use or uses shall be subject to the requirements of the Northeast Area Specific Plan, including landscape and signage requirements, except that the landscape setback adjacent to Frontera Street for operations existing upon the date of adoption of the Specific Plan shall be twenty-five (25) feet. .1505 The use or uses, including non-ferrous collection processing facilities, shall be subject to the conditions of operation in the Stipulation and Judgment. .1506 Upon satisfaction of the provisions of subsection .010 above, and further subject to compliance with the provisions of this subsection 18.120.050.150, the use or uses shall be considered new permitted uses. Said newly permitted uses may continue thereafter until May 31, 2013, provided the uses remain in compliance with the provisions of this section. .1507 The use or uses shall not exceed trip generation rates for industrial uses set forth in FEIR No. 317 for the Northeast Area Specific Plan. (Ord. 5517 § 2 (part); September 12, 1995: Ord. 5565; June 11, 1996: Ord. 5767 § 1; May 1, 2001.)" SECTION 87. That the Title, only, of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.120.060 LAND USE AND DEVELOPMENT STANDARDS INDUSTRIAL AREA RECYCLING OVERLAY AREA (DEVELOPMENT AREA 1 A).,, SECTION 88. That subsection .010 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".010 Permitted Primary Uses and Structures. The permitted primary uses and structures in Development Area 1 shall be permitted in the Recycling Overlay Area (Development Area 1A), except that banks and Sex Oriented Businesses shall not be permitted. In addition to the foregoing, the following buildings, structures and uses, either singly or in combination, may be permitted in the Industrial Area Recycling Overlay Area subject to the limitations provided hereinafter. .0101 Outdoor storage of recycled materials awaiting shipment, subject to all state -and county permits, related to waste recycling facilities and operations except for materials identified in paragraph 18.120.060.050.0501(a) and subject to the site enclosure and screening requirements of subsection 18.120.060.120. .0102 Recycling/resources recovery transfer facilities and trash transfer facilities, including large collection processing facilities and yards for recycling purposes, except for materials identified in paragraph 18.120.060.050.0501(a) subject to valid applicable state and county permits, the requirements of this chapter, and further subject to the following: (a) All uses permitted by this section shall be maintained in such a manner that outdoor storage areas and operations shall be screened from view from public rights-of-way (except when said rights-of-way are substantially elevated) by sufficient landscaping and a solid masonry or other opaque material wall, as approved by the Planning Director. 70 (b) The use or uses permitted by this subsection, shall not be detrimental to surrounding land uses, public health, safety or general welfare. (c) The use or uses permitted, may be subject to Community Preservation Division inspections, as often as required by that Division, to ensure compliance with all applicable regulations of this Development Area, at the cost of the business owner." SECTION 89. That subsection .050 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".050 Conditional Uses and Structures. Except as set forth below, the conditional uses and structures in Development Area 1 may be permitted in this Development Area IA subject to a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits). .0501 The following buildings, structures and uses shall be permitted in this Development Area IA subject to a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits). (a) Recycling/resources recovery transfer facilities (indoors or outdoors) involving hazardous substances/waste subject to the requirements of Chapter 18.48 (Recycling Facilities). .0502 The following buildings, structures and uses shall be prohibited in this Developments Area IA. (a) Bowling alleys, with or without alcohol sales. (b) Churches. (c) Large collection facilities except as identified in subsection 18.120.060.010.0102 for recycling purposes subject to the requirements of Chapterl8.48 (Recycling Facilities). (d) Private clubs, lodges and meeting halls. . (e) Restaurants; Enclosed or semi -enclosed, with or without alcohol or cocktail lounge; drive-in, drive-through or walk-up. (f) Retail carpeting and/or petroleum based flooring businesses. (g) Retail sales of household furniture, provided the retail sales portion of the business shall be a minimum of fifty thousand (50,000) square feet. (h) Retail sales provided such uses are freeway- oriented and located south of, and within six hundred (600) feet of, the Riverside (SR -91) Freeway, provided such retail sales pertain to furniture, home building products, office supplies, or products determined to be similar by the Planning Commission, and further 71 provided the retail sales portion of the business shall be a minimum of fifteen thousand (15,000) square feet. storage (outdoors). 20, 1996.)" (i) Transit, transportation and construction equipment 0) Vehicle sales agencies and lots. (Ord. 5574 § 2; August SECTION 90. That Subsection .090 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Structural Setback and Yard Requirements. Every building, structure or addition thereto erected in this Development Area shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) and Chapter 18.46 (Landscaping and Screening) except as follows: .0901 Setback adjacent to public rights-of-way. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right-of- way line as designated on the Circulation Element of the General Plan or the ultimate right-of- way line of a local street, and shall be a depth as indicated below. .0902 Abutting any arterial highway other than collector streets, setbacks of fifty (50) to sixty-five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right-of-way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty-five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty-five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. 72 .0903 Abutting the Riverside (SR -91) Freeway rights-of-way, freeway frontage roads, (including any freeway transition road and on- or off -ramp) minimum setbacks of thirty (30) to one -hundred (100) feet shall be provided as follows: (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a service -aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet of that remaining setback area. (b) if parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (c) Abutting freeway frontage roads or any on -or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road or on- or off -ramp is substantially elevated or below the grade of the freeway right-of-way, in which case, no shrub screen shall be required. .0904 Abutting local streets, a setback of not less than five (5) feet, fully landscaped with one (1) tree planted for every twenty (20) linear feet of street frontage. .0905 Service Station Setbacks. Pump islands may be placed within the setback area and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards contained in Section 18.38.070 (Automobile Service Stations) of Chapter 18.38 (Supplemental Use Regulations). .0906 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be located so as not to conflict with future sidewalks. Plants within the public right-of- way, with the exception of trees, shall not exceed thirty-six (36) inches in height, and shall further be subject to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." 73 SECTION 91. That subsection .110 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".110 Off -Street Parking and Loading Requirements. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.42 (Parking and Loading) except as follows: .1101 Any vehicular storage or parking area visible from public rights- of-way or freeway shall be screened from view by landscaping or architectural devices to a height of thirty-six (36) inches in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 92. That subsection .090 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 1111.090 Structural Setback and Yard Requirements. Every building, structure or addition thereto erected in this Development Area shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) and Chapter 18.46 (Landscaping and Screening) except as follows: .0901 Setback Adjacent to Public Rights -of- Way. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right- of-way line as designated on the Circulation Element of the General Plan or the ultimate right-of- way line of a local street, and shall be of a depth as indicated below. .0902 Abutting any arterial highway other than collector streets, setbacks of fifty (50) to sixty-five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right-of-way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty-five (65) feet. The first ten (10) feet behind the 74 ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0903 Abutting collector streets, a structural setback of not less than twenty-five (25) feet with a minimum ten (10) feet adjacent to the ROW fully landscaped including a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. The remainder of the required setback area shall be limited to parking and/or vehicular circulation. .0904 Abutting local streets, a setback of not less than five (5) feet, fully landscaped with a minimum of one (1) tree for every twenty (20) linear feet of street frontage. .0905 The provision for side and rear yards specified above shall not apply when the lot is adjacent to any T Transition zoned property upon which a resolution of intent for nonresidential uses has been approved. .0906 Service Station Setbacks. Pump islands may be placed within the setback area and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards in Section 18.3 8.070 (Automobile Service Stations) of Chapter 18.38 (Supplemental Use Regulations). .0907 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right-of- way, with the exception of trees, shall not exceed thirty-six (36) inches in height and further be subject to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 93_ That subsection .110 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".110 Off -Street Parking and Loading Requirements. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.42 (Parking and Loading) of the Anaheim Municipal Code, except that any vehicular storage or parking area visible from public rights-of-way or freeway shall be screened from view by landscaping or architectural devices to a height of thirty six (36) inches in accordance 75 with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 94. That .090 of Section 18.120.080 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Structural Setback and Yard Requirements. Every building, structure or addition thereto erected in this Development Area shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) and Chapter 18.46 (Landscaping and Screening) except as follows: . .0901 Setback Adjacent to Public Rights -of- Way. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right- of-way line as designated on the Circulation Element of the General Plan or the ultimate right-of- way line of a local street, and shall be a depth as indicated below. .0902 Abutting La Palma Avenue a required building setback of twenty (20) feet behind the public right-of-way line, with not less than ten (10) feet fully landscaped, including one (1) tree planted per twenty (20) linear feet, parallel with and adjacent to the front property line. The remaining ten (10) feet shall be planted with a minimum of one (1) tree per thousand (1,000) square feet and may include a drive aisle parallel to the ROW. .0903 Abutting Kraemer Avenue, setbacks of fifty (50) to sixty-five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right-of-way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty-five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty-five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) 76 additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0904 Abutting any freeway rights-of-way, freeway frontage roads, (including any freeway transition road and on- or off -ramp) minimum setbacks of thirty (30) feet to one - hundred (100) feet shall be provided as .follows: (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a service -aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet of that remaining setback area. (b) If parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (c) Abutting freeway frontage roads or any on- or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road on- or off -ramp is substantially elevated or below the grade of the freeway right-of-way, in which case, no shrub screen shall be required. .0905 Abutting local streets a setback of not less than five (5) feet, fully landscaped including a minimum of one (1) tree for every twenty (20) linear feet of street frontage. .0906 Side and Rear Setbacks. None required. .0907 Service Station Setbacks. Pump islands may be placed within the setback area and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards contained in Section 18.38.070 (Automobile Service Stations) of Chapter 18.38 (Supplemental Use Regulations). .0908 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right -of - 77 way, with the exception of trees, shall not exceed thirty-six (36) inches in height and shall further be subject to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." LN MN If�10 VIA That subsection .090 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".090 Structural Setback and Yard Requirements. Every building, structure, or addition hereto, erected in this area, shall be provided with setbacks and landscaping in conformance with the provisions of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) and Chapter 18.46 (Landscaping and Screening) except as follows: .0901 Abutting La Palma Avenue, a required ground floor setback area of twenty (20) feet in depth as measured from the planned highway right-of-way line as designated on the Circulation Element of the General Plan. .0902 Abutting Tustin Avenue, setbacks of fifty (50) to sixty-five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right-of-way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty-five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty-five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0903 Abutting any freeway rights-of-way, freeway frontage roads, (including any freeway transition road and on- or off -ramp) minimum setbacks of thirty (30) to one -hundred (100) feet shall be provided as follows: (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a 78 minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a drive -aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree for every two thousand three hundred (2,300) square feet of that remaining setback area. (b) If parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted for every twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with, a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (c) Abutting freeway frontage roads or any on- or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road or on- or off -ramp is substantially elevated or below the grade of the freeway right-of-way, in which case, no shrub screen shall be required. .0904 Abutting local streets, a setback of not less than five (5) feet, fully landscaped with a minimum of one (1) tree for every twenty (20) linear feet of street frontage. .0905 A structural setback of thirty (30) feet shall be maintained from the Railroad ROW." SECTION 96. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance. independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 97. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 79 SECTION 99. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code -Penalty) of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the lith day of october , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 25th day of October , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Member Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By � --_ MAYOR OF THE CITY OF AHEIM ATTEST: ITY CLEA OF tHE CITY OF ANAHEIM 59340.v3/mgordon/ l 0.03.05 Exhibit "A" 81 Table 4-H MAXIMUM LOT COVERAGE: SINGLE-FAMILY RESIDENTIAL ZONES Zone Maximum Lot Coverage Residential Single -Family Hillside RH-I NA RH-2 NA RH-3 40% Residential Single -Family RS -1 40% (no accessory building authorized to encroach into a required rear setback shall occupy more than 25% of the required rear setback) RS -2 40% — see subsection .020 below (dwellings or accessory structures shall not occupy more than 35% of the required rear setback, provided any such structures shall comply with the setback regulations of this chapter and provided other comparable outdoor living area (excluding the required front setback, parking and driveway areas) is available elsewhere on the lot.) RS -3 40% RS -4 50%, but may be modified pursuant to § 18.04.1 b0 81 Exhibit "B" Table 44 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES 82 RH- RS - 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Special Provisions Air Conditioning Units Front N N N N N N N *Noise level must be less than 50 dB(A) measured at the lot line If located in side setback, must not be on the side of the access gate Side Y* Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y y Arbors/Trellises Front Y Y Y Y Y Y Y Maximum 8 feet high and 5 square feet Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y y Amateur Radio Towers Front N N N N N N N Must comply with setbacks and § 18.38.040 Side N N. N N N N N Rear N N N N N N N Awnings Front Maximum 4 feet Must be permanent, attached to the building, decorative and properly maintained Side Maximum 2 feet Rear Maximum 4 feet Balconies (covered or uncovered) Front Maximum 30 inches Side N N N I N N I N N Rear Maximum 4 eet _ Barbeques (Built-in permanent) Front N N N N N, N Maximum 5 feet high Side Y Y Y Y Y Y Rear Y Y Y Y Y Y Basketball courts Front N N N N -N N MN Side Y Y Y Y Y Y Rear Y Y Y Y Y Y Carports/Porte Cocheres Front N N N N IN I N Must be decorative, features must match main house Side Minimum 3 feet to property line Rear Minimum 3 feet to 3roperty line Decks (second story only — see "Porches" for at- rade decks) Front N N N N N N' N Side N N. N N N N N Rear N N N N N : N N Fencing/Walls Front Y Y Y Y Y Y Y Must comply with § 18.46. 110 of Chapter 18.46 (Landscaping and Screening) Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Eaves/Roof overhang, Cornices, Belt courses, Sills and Buttresses Front Maximum 30 inches Side Maximum 20 inches Rear Maximum 30 inches Fire its/Outdoor Front N 'N N N N N N * No closer than 5 feet to 82 Table 4-3 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS - 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Special Provisions fireplaces Side Rear Y* Y* Y* N N N N any property line Y* Y* Y* I Y* Y* Y* Y* Fireplaces Front Side Rear Maximum 30 inches Maximum 20 inches Maximum 30 inches Flag poles Front Side Rear Y* Y* Y* Y* Y* Y* Y* Maximum height is same as underlying zone * Minimum 10 f1. from front property line ** Minimum 5 ft. from side property line Y** Y** Y** Y** N N N Y Y Y Y Y Y Y Fountains and Front Sculptures Side Rear Y* Y* Y* Y* Y* Y* Y* * Minimum 10 feet from front property line except minimum 5 feet from front property line in RS -3 and RS -4 zones **Maximum 6 feet high Y** Y** Y** Y** Y** Y** Y** Y** Y** Y** Y** Y** Y** Y** Garages Front (detached) Side Rear N N N N N N N Amount of encroachment shall not exceed 450 square feet N N Y Y Y Y Y N N Y Y Y Y Y Gazebos Front Side Rear N N N N N N N *Maximum 10 feet high N N N N N N N Y* Y* Y* Y* Y* Y* Y* Greenhouses Front (detached) Side Rear N N N N N -N N *Minimum 3 feet to side property line, not to exceed 6 feet high N Y* Y* Y* Y* Y* Y* N Y* Y* Y* Y* Y* Y* Guard Railings Front (where required Side for safety by Rear City Codes) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 'Y Y Light fixtures Front (for tennis Side courts) Rear N N N N N N N Must be hooded to prevent glare into adjaccnt property *Maximum 6 feet high **Not to exceed structural height of underlying zone Y* Y* Y* Y* Y* 'Y* Y* Y** Y** Y** Y** Y** Y** Y** Parking Front Side Rear N* N* N* N* N* N* N* *Except as provided in Chapter 19.42 **Provided parking is screened from public right- of-way Y** Y** Y** Y** ... Y** Y** Y** Y** Y** Y** -Y** Y** Y** Y** Patio Front Covers/Canopies Side (detached only) Rear N N N N N N N *Not to exceed 10 feet high Shall not extend closer than 10 feet to property line N N N N N N N N Y*. Y* Y* Y* Y* 1 Y* Pet enclosures/ Front Dog runs Side Rear N N N N N N' N N N N N N N N Minimum 5 feet from rear property line Table 4-d PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: UN(_'i .F.-PAM11 N RESIDENTIAL ZONES 84 RH- RS - IT 2 3 I 2 3 4 Accessory Use/Structure Permitted Encroachment Special Provisions Pilasters/Light Fixtures (freestanding) Front Y* Y* Y* Y* Y* Y* Y* * Maximum 4 feet high with fence, no closer than 8 feet on center; max. 7 feet high decorative freestanding light fixtures * * Maximum 6.5 feet high for pilasters only Side Y** Y** Y** Y** Y** Y** Y** Rear Y** Y** Y** Y** Y** Y** Y** Play Equipment (over 6 feet high) Front N* N* N* N* N* N* N* *Permanent structures not permitted at any height **Maximum 8 feet high Side N N N N N N N Rear Y** Y** Y** Y** Y** Y** Y** Pool Cabanas (detached) Front N N N N N N N *Maximum 8 feet high Side N N N N N N N Rear N Y* Y* Y* Y* Y* Y* Pool Equipment Front N N N N N N N *Decibel level must be less than 50 dB(A) measured at the lot line If located in side setback, must not be on the side of the access gLte Side Y Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y Y Pool Rock Formations/ Waterfalls (over 6 feet high) .1 Front N N N I N, N N N *Maximum 8 feet high Must be finished if back is visible to public right -of - way or single-family residential Side Minimum of 3 feet from side p erty line Rear Y* Y* Y* Y* Y* Y* Y* Pool Slides (over 5 feet high) Front N N N N N N N *Maximum 8 feet high Side Minimum 5 feet to any propertyline* Rear Minimum 5 feet to a prope line* Pools/Spas Front N N N N N N N Side Y Y Y Y. Y Y Y Rear Y ..'Y Y Y Y Y Y Porches and At -grade decks Front 7' T 7' 7' 7' 3' 3' *Uncovered decks only Side N N N N N N N Rear Y* Y* : Y* Y* Y* Y* Y* Recreation Front Rooms Side (detached) Rear N N N N N N Minimum 5 feet to side property line Minimum 10 feet to side property line 84 Table 44 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: CTNri.F_FeMii.Y RRSTIDENTIAL ZONES 85 RH- RS - 1 2 3 1 2 3 4 Accessory Use/Structure Permitted Encroachment Special Provisions Recreation Front Y* Y* Y* Y* Y* Y* Y* *Applies only to drivable Vehicles (storage longer than 3 Side Rear Y** Y** I Y** Y** Y** Y** Y** Y** Recreational Vehicles (trailers are not permitted) Y** Y** Y** Y** Y** Y** days) parked in permitted open parking spaces as provided in Chapter 18.42 (Parking and Loading), no overhang into public right-of-way or private access easement **Must be screened from public and private streets by. a six (6) foot high solid fence, wall or gate, building walls, or landscaping that provides an effective visual screen when viewed from the street, or any combination thereof Satellite Dishes Front N N N N N (freestanding, Side N N N N N N N over 2 feet in Rear Minimum 5 feet from rear property line diameter _ Sheds (detached, Front N N N N N N ,N Maximum 120 square feet pre -fabricated, Side Y Y Y Y Y Y Y Maximum 8 feet high without utilities) Rear Y Y Y Y Y Y Y Tennis Front N N N N N N N Only 1 court per lot is Courts/Sport Side Y Y Y Y Y Y Y allowed Courts Rear Y Y Y YY I Y Y Tree Houses Front N N N Nj N N I N Maximum 36 square feet (detached) Side N N N N N N N Rear Minimum 5 feet from rear property line Trees, Shrubs, Front Y Y Y Y Y Y Y Side Y Y Y Y I Y Y Y Flowers, Plants Rear Y Y Y Y Y Y Y Workshops Front N I N N N N N N Side N Minimum 5 feet from side property line (detached) FRear N Minimum 10 feet from rear property line 85 Exhibit "C" Table 6-A P Permitted by Right PRIMARY USES: MULTIPLE -FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RM -1 RM -2 RM -3 RM4 Special Provisions Residential Classes of Uses Dwellings -Multiple Family C 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 Dwellings requiring a conditional ' use permit are subject to §18.06.160 Dwellings—Single-Family Detached N P P P (a) Allowed only when combined with single-family attached dwellings within the same project or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of this chapter using the RS -2 and RS -3 zone based on lot size Mobile Home Parks N C C C Residential Care Facilities P P P P Subject to § 18.36.030.050 Senior Citizen Housing C C C C Subject to Chapter 18.50 Non -Residential Classes of Uses Antennas—Broadcasting C C C C Antennas—Private Transmitting C C C C Subject to § 18.38.040 Antennas—Telecommunications C C C C Subject to § 18.3 8.060 Bed & Breakfast Inns N C C C Subject to § 18.3 8.080 Community & Religious Assembly C C C C Convalescent & Rest Homes N N N C Day Care Centers C C C C Educational Institutions—General N N C C Golf Courses & Country Clubs N N C C Group Care Facilities C C C C Subject to § 18.36.040.070 Oil Production N C C C Subject to § 18.38.180 Public Services C C C C Recreation—Low-Impact C C C C Recreation — Swimming & Tennis C C C C Room & Board C C C C Transit Facilities C C C C Utilities—Minor C C C C 86 Exhibit "D" Table 8-A P Permitted by Right C PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required C N Prohibited Ambulance Services C -NC C-R C -G O -L O -H Special Provisions Residential Classes of Uses N Mobile Home Parks N N C N N N Senior Citizens' Housing C C C N N Senior Citizens' Animal Grooming Apartment Projects N P subject to Chapter 18.50 Non -Residential Classes of Uses Antennas—Broadcasting Alcoholic Beverage Sales—Off--Sale C C C N N Conditional use permit C C not required if use is in Antennas—Telecommunications C conjunction with C C Markets—Large Alcoholic Beverage Sales—On-Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas—Broadcasting C C C C C Antennas—Telecommunications C C C C C Subject to § 18.38.060 Automotive—Car Sales & Rental N N C N N Subject to § 18.38.200 Automotive -Public Parking C C C C C Automotive—Parts Sales C P P N N Automotive—Repair and C C C N N Modification 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 Bars & Nightclubs C C C C C In O -L and O -H Zones, must be accessory to an Office use Bed and Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N C N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C N Computer Internet & Amusement N C C N N 87 Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited C -NC C-R C -G O -L O -H Special Provisions Facilities Convalescent & Rest Homes N N C N N Convenience Stores C C C C C Subject to § 18.38.110; in O -L and O -H Zones, shall be accessory to an Office use Dance & Fitness Studios—Large N C C C N Dance & Fitness Studios—Small P P P P C Day Care Centers C C C C C Drive -Through Facilities C C C C C Educational Institutions—Business P P P P P Educational Institutions—General N C C N C Equipment Rental—Large N C C N N Equipment Rental—Small C P P N N Group Care Facilities C C C C C Subject to 18.36.040.070 Helipads N N C N N Allowed only in coniunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets—Large P P P N N Markets—Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services—General P P P P P Laundromats are subject to § 18.38.150 In O -L and 0-H Zones, must be integrated within an office building Personal Services—Restricted C C C C C In 0-L and 0-H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subject to § 18.38.190 and § 18.3 8.200 Public Services C C P C C Recreation—Bowling & Billiards C C C N N Recreation—Commercial Indoor C C C N N Recreation—Commercial Outdoor C C C C C 88 Table 8-A P Permitted by Right N PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N N Prohibited Repair Services—Limited C -NC C-R C -G O -L O -H Special Provisions Recreation—Low Impact C C C N N Recreation—Swimming & Tennis C C C C C C Recycling Services—Consumer P P P N N Subject to Chapter Restaurants—Drive-Through 18.48; reverse vending C C machines located C Subject to § 18.38.220 entirely within a P P structure do not require C C any zoning approval Repair Services—General P N P N N Repair Services—Limited P P P N N Research & Development N C C C P Restaurants—Drive-Through N C C C C Subject to § 18.38.220 Restaurants—General P P P C C Subject to § 18.38.220 Restaurant—Semi-Enclosed C C C C C Subject to § 18.38.220 Restaurants—Walk-Up C C C C C Retail Sales—General P P P N N Retail Sales—Kiosks C C C C C Retail Sales—Outdoor C C C N N Subject to § 18.3 8.190 and § 18.3 8.200 Retail Sales—Regional N P C N N Retail Sales—Used Merchandise P P P N N Room & Board N N C N N Self Storage N N C N N Sex -Oriented Businesses N N P N N Subject to Chapter 18.54 Studios—Broadcasting C C P C C Studios—Recording N N P N N Transit Facilities' C C C C C Utilitiesr-Major C C C N C Utilities -Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use 89 EXHIBIT "E" Table 8-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required COMMERCIAL ZONES N Prohibited Carnivals & Circuses Christmas Tree & Pumpkin Sales C -NC C-R C -G O -L O -H Special Provisions P P P N P P Contractor's Office & Storage P P P Special Events P P P N N Subject to § 18.38.095, Chapter 3.32 (Miscellaneous Business Activities), and Chapter 4.53 (Carnivals and Circuses) N N Subject to Chapter 6.42 (Christmas Trees Lots and Pumpkin Patches) P p Subject to § 18.38.105 P P Subject to § 18.38.240 Exhibit "F" Table 8-F MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks Part 1 — Landscaped Setbacks C -NC • Abutting Any Arterial Highway: 15 feet, as measured from the ultimate highway right-of- way line as designated on the Circulation Element of the General Plan. • Abutting Any Local Street: 10 feet, as measured from the planned street right-of-way line; provided, however, that where more than two-thirds of the properties in the block on the opposite side of the local street are zoned for single-family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall,. screened with clinging vines and/or shrubs on both sides, shall be provided to the rear of the 10 -foot landscaped area. • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: 10 feet. • Abutting Any Alley: None. C-R • Abutting any freeway right-of-way (including any freeway transition and on or off ramp): 10 feet. • Abutting Any Arterial Highway: 20 feet, as measured from the ultimate highway right-of- way line as designated on the Circulation Element of the General Pian. • Abutting Any Local Street: 15 feet, as measured from the planned street right-of-way line; provided, however, that where more than two-thirds of the properties in the block on the opposite side of the local street are zoned for single-family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall, screened with clinging vines and/or shrubs on both sides, shall be provided to the rear of the 15 -foot landscaped area. • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: 15 feet. • Abutting Any Alley: None. C -G • Abutting any freeway right-of-way (including any freeway transition and on or off ramp): 10 feet. • Abutting Any Arterial Highway: 15 feet, as measured from the ultimate highway right-of- way line as designated on the Circulation Element of the General Plan. • Abutting Any Local Street: 10 feet, as measured from the planned street right-of-way line; provided, however, that where more than two-thirds of the properties in the block on the opposite side of the local street are zoned for single-family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall, screened with clinging vines and/or shrubs on both sides, shall be provided to the rear of the 10 -foot landscaped area. • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: 10 feet, with trees planted on maximum 20 -foot centers to provide an effective visual screen between the C -G and Residential zones. • Abutting Any Alley: None. 91 Table 8-F MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks O -L Same as C -NC O -H Same as C-R Part 2 — Structural Setbacks C -NC 0 Abutting Any Arterial Highway: Same as Landscape Setback Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: o A one-story building: 20 feet o A two-story building: 51 feet o A three-story building: 76 feet o A four-story building: 101 feet o A five -story building: 126 feet o A six -story building: 151 feet • Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley may be applied in measuring the setback C-R • Abutting any freeway right-of-way (including any freeway transition and on or off ramp): Same as Landscape Setback • Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: o A one-story building: 25 feet o A two-story building: 51 feet o A three-story building: 76 feet o A four-story building: 101 feet o A five -story building: 126 feet o A six -story building: 151 feet • Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley may be applied in measuring the setback GG Same as C -NC, except where abutting any freeway right-of-way (including any freeway transition and on or off ramp): Same as Landscape Setback O -L • Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: o A one-story building: 20 feet M Table 8-F I MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks o A two-story building: 51 feet o A three-story building: 101 feet • Abutting Any Alley: 10 feet; provided, however, that one-half (1//2) the width of the alley may be applied in measuring the setback O -H • Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non -Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: o A one-story building: 20 feet o A two-story building: 51 feet o A three-story building: 101 feet o A four-story building: 151 feet o A five -story building: 201 feet o A six- or more story building: 226 feet • Abutting Any Alley: 10 feet; provided, however, that one-half (1/1'.1) the width of the alley may be applied in measuring the setback 93 Exhibit "G" Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited I Special Provisions Residential Classes of Uses Mobile Home Parks C Non -Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales—Off-Sale C Alcoholic Beverage Sales—On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas --Broadcasting C Antennas—Telecommunications C Subject to § 18.38.060 Automotive—Car Sales & Rentals C Subject to § 18.3 8.200 Automotive—Impound Yards C Subject to § 18.38.200 Automotive—Public Parking C Automotive—Parts Sales C Automotive—Repair and Modification C Automotive—Service Stations C Subject to § 18.38.070 Automotive—Washing C Bars & Nightclubs C Billboards C Subject to Chapter 18.44 Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to § 18.38.190 and § 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios—Large C Dance & Fitness Studiog—Small C Day Care Centers C Drive -Through Facilities C Educational Institutions—Business C Educational Institutions -General C Equipment Rental—Large C Equipment Rental—Small P Conditional use permit not required if conducted entirely indoors (Ord. 5944 § 8; Sept. 28, 2004) 94 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited l Special Provisions Helipads & Heliports C C Hospitals C P Hotels & Motels C Industry—Limited P C Industry—General C C Junkyards C Subject to § 18.38.200 Mortuaries C C Offices—Development P P Offices—General C Permitted without conditional use permit only if accessory to an Subject to §18.38.220 Restaurants—General industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Subject to § 18.38.200 Personal Services—General C Laundromats are subject to § 18.38.150 Personal Services—Restricted C Plant Nurseries P Subject to § 18.3 8.190 and § 18.38.200; -Retail only requires a Permitted by conditional use permit only if the retail sales portion conditional use permit Public Services P Recreation—Bowling & 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 Recycling Services—Consumer P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services—General C Subject to Chapter 18.48 Recycling Services—Processing C Subject to Chapter 18.48 Repair Services—General P Repair Services—Limited C Research & Development P Restaurants—Drive-Through C Subject to §18.38.220 Restaurants—General C Fast -Food and Take -Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to § 18.38.220 Restaurants—Sena-Enclosed C Subject to § 18.38.220 Restaurants—Walk-UpC Retail Sales—Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum 50,000 square feet of 95 Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited I Special Provisions Retail Sales—General C Retail Sales—Outdoor C Self Storage C Sex -Oriented Businesses P Studios—Broadcasting P Studios—Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Utilities—Major C Utilities—Minor P Veterinary Services C Warehousing & Storage—Enclosed P Wholesaling P building floor area Industrially -related only Subject to § 18.38.190 and § 18.38.200 Subject to Planning Commission Policy Subject to Chapter 18.54 Subject to § 18.3 8.200 a EXHIBIT "H" Table 10-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required INDUSTRIAL ZONE N Prohibited I Special Provisions Carnivals & Circuses C Subject to § 18.38.095, Chapter 3.32 (Miscellaneous Business Activities) and Chapter 4.53 (Carnivals and Circuses) Christmas Tree & Pumpkin Sales P Subject to Chapter 6.42 (Christmas Trees Lots and Pumpkin Patches) Contractor's Office & Storage p Subject to § 18.38.105 Special Events P Not permitted except for specific uses identified and subject to § 18.38.240 97 Exhibit "I" Table 14-A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited OS PR SP T Special Provisions Residential Classes of Uses Dwellings—Single-Family Detached N N N P Mobile Home Parks N N N C Senior Citizen Housing N N N C Senior Citizens' Apartment Projects subject to Chapter 18.50 Non -Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales—On-Sale N C C C In the "T" Zone, only in conjunction with a Community and Religious Assembly use. Ambulance Services N N N C Animal Boarding C N N C Antennas—Broadcasting N N N C Antennas—Private Transmitting N N N C Subject to § 18.38.040 Antennas --Telecommunications N C C C Subjcct to ` 18.38.060 Automotive—Public Parking N P C N Automotive—Service Stations' N N N C Subject to § 18.38.070 Automotive—Washing N N N C Bed and Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Cemeteries C N C C Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness Studios—Small N C N N Day Care Centers N C C C Educational Institutions—Business N C P C Educational Institutions—General N C P C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Table 14-A PRIMARY USES: PUBLIC AND SPECIAL- PURPOSE ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited OS PR SP T Special Provisions Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Subject to §18.38.180 Plant Nurseries P C C C Subject to § 18.3 8.190 and § 18.3 8.200 Public Services N P P P Recreation—Bowling & 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 subsection .120 below Recreation—Low-Impact C P C C Recreation—Swimming & Tennis N P C C Recycling Services—Consumer N P P P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services—General N N N C Subject to Chapter 18.48 Restaurants—Drive-Through N N C N Subject to § 18.38.220 Restaurants—General N C C C Subject to § 18.38.220 Restaurants—Semi-Enclosed N C C C Subject to §18.38.220 Restaurants—Walk-Up N C C N Retail Sales—Used Merchandise N N N C Room & Board N N N C Self Storage N N C N Transit Facilities N C C C Utilities—Major C C C C Utilities—Minor P P P P Veterinary Services N N N C Exhibit "J" Table 14-C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required PUBLIC AND SPECIAL-PURPOSE ZONES N Prohibited OS PR SP T Special Provisions C.`amivals & Circuses N P P P Subject to § 18.38.095, Chapter 3.32 (Miscellaneous Business Activities), and Chapter 4.53 (Carnivals and Circuses) Christmas Tree & Pumpkin Sales P P P P Subject to Chapter 6.42 (Christmas Trees Lots and Pumpkin Patches) Contractor's Office & Storage P P P P Subject to § 18.3 8.105 Real Estate Tract Office N N N P Real Estate Tract Signs N N N P Subject to § 18.44.180 Special Events P P P P Subject to § 18.38.240 100 Exhibit "K" Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE DMU Special Provisions Residential Classes of Uses Dwellings—Multiple Family P Dwellings—Single-Family Attached P Dwellings—Single-Family Detached P Senior Citizen Housing P Non -Residential Classes of Uses Alcoholic Beverage Sales—Off--Sale C Alcoholic Beverage Sales—On-Sale C Antennas—Broadcasting P Antennas—Private Transmitting P Antennas—Telecommunications P Automotive—Public Parking P Bars & Nightclubs C Billboards N Business & Financial Services P Commercial Retail Centers C Community & Religious Assembly C Computer Internet & Amusement C Facilities Convalescent & Rest Homes C Convenience Stores C Dance & Fitness Studios—Large C Dance & Fitness Studios—Small P Day Care Centers C Educational Institutions—Business C 101 Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects) Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to § 18.38.060 (Mechanical and Utility Equipment— Ground quipmentGround Mounted) Conditional use permit not required for museums Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P DMU Special Provisions Educational institutions—General C Recreation—Commercial Indoor Golf Courses & Country Clubs C Golf courses and putting greens may be allowed C if accessory to a primary permitted use Group Care Facilities C Subject to § 18.36.040.070 Hotels & Motels C Motels not allowed Markets—Large P Outdoor farmers markets are allowed with a within a structure do not require any zoning conditional use permit Markets—Small C Delicatessens that primarily serve take-out C customers do not require a conditional use P Subject to § 18.38.220 (Restaurants — Outdoor permit Medical & Dental Offices P Offices—General P Personal Services—General P On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150; massage only as a part of a spa or dance and fitness studio Public Services P Recreation—Bowling & Billiards P Recreation—Commercial Indoor C . Recreation—Low-Impact C Recreation—Swimming & Tennis P Recycling Services—Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services—Limited C Restaurants—General P Subject to § 18.38.220 (Restaurants — Outdoor Seating and Dining) Restaurants—Semi-Enclosed C Restaurants—Walk-Up P Retail- Sales—General P Retail Sales -Kiosks C If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales—Regional P Retail Sales—Used Merchandise P Antique shops only Studios—Broadcasting C Studios—Recording P 102 Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE DMU Special Provisions Transit Facilities C Bus depots prohibited Utilities—Major C Utilities—Minor P 103 EXHIBIT "L" Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops Alcoholic Beverage Sales — Off -Sale Alcoholic Beverage Sales — On -Sale Ambulance Services Animal Boarding Animal Grooming Antennas — Broadcasting Antennas — Private Transmitting Antennas — Telecommunications 5 spaces per 10 acres 0 space (spaces are required for underlying use(s) only) 0 space (spaces are required for underlying use(s) only) 4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles 4 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 4 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 2 spaces None 1 space Automotive — Car Sales & 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 5.5 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 18.42.040.010.0107 Office -Only Auto Sales: See Offices Automotive — Public Parking None Automotive — Parts Sales 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 Automotive — Repair and 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 Other Uses: 0 space Automotive — Washing In Conjunction with Service Station: 1 space, plus drying area for 5 vehicles Stand -Alone: 5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles Bars & Nightclubs 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 104 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Boat & RV 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 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Business & Financial 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 Cemeteries Requires Parking Demand Study per paragraph 18.42.040.010.0107 Commercial Retail Centers Total parking spaces are equal to the sum of the parking requirements for the individual use types in the center Community & Religious Assembly 0.333 space per fixed seat or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is . provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a Parking Demand Study may be required Computer Internet & Amusement 0.18 space per computer or 5.5 spaces per 1,000 square feet of GFA, Facilities whichever results in a greater number of spaces Convalescent & Rest Homes 0.8 space per bed Convenience Stores 5.5 spaces per 1,000 square feet of GFA; if combined with other allowed uses, 3 spaces for the first additional use and 1 space for each additional use thereafter except that the extra spaces are not required when the uses are integrated within a commercial retail center Dance & Fitness Studios — Large Requires Parking Demand Study per paragraph 18.42.040.010.0107 Dance & Fitness Studios — Small 5.5 spaces per 1,000 square feet of GFA Day. Care Centers 1 space per employee, plus 1 space per 10 children or 10 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) 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 105 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces 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 0.4 spaces per 1,000 square feet of outdoor equipment storage area Golf Courses & County Clubs Golf Courses: 10 spaces per hole plus 1 space per 35 square feet of building GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes Golf Driving Ranges: 1 space per driving tee Group Care Facilities 0.8 space per bed Helipads Requires Parking Demand Study per paragraph 18.42.040.010.0107 Hospitals Requires Parking Demand Study per paragraph 18.42.040.010.0107 Hotels & Motels 0.8 space per guest room plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for frill -service, semi -enclosed, 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 Industry — Limited Industrial -General Limited: 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 101/o 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 accessways, 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 — General Industrial -General: 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 100/0 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 accessways, 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 106 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Junkyards 5 spaces or 5.5 spaces per 1,000 square feet of building GFA, whichever is greater Markets—Large 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 Markets—Small 5.5 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 18.42.040.010.0107 Offices Of 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 Office -Only Auto Sales: applicant must show that display space can be provided while maintaining required number of spaces for other uses before the required affidavit from the California Department of Motor Vehicles is issued Oil Production 2 spaces per well Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA, whichever is greater, plus spaces required for service vehicles Personal 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 Personal Services — Restricted 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 Plant Nurseries 5.5 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 accessways, 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 — Bowling & Billiards Bowling Alleys: 3 spaces per bowling lane, plus one space per 35 square feet of GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility Recreation — Commercial Indoor Amusement Arcades: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Racquetball Facilities: 5 spaces per court Skating Rinks: 2.4 spaces per 1,000 square feet of building GFA 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 space per seat or patron, whichever results in a greater number of spaces, plus 0.8 space per 107 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces 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 108 Theaters — Multi -screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 Restaurants — Full -Service employee spaces per screen Other Uses: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Recreation — Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee Other Uses: Requires Parking Demand Study per paragraph Restaurants — Take -Out 18.42.040.010.0107 Recreation — Low -Impact Requires Parking Demand Study per paragraph 18.42.040.010.0107 Recreation — Swimming & Tennis Swimming Facilities: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Tennis Courts: 5 spaces per court Recycling Services -- Consumer 0 space (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 tirst 100.000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories Restaurants — General Drive-in, Drive- through, Fast Food: 16 spaces per 1.000 square feet of GFA 108 Take-out (not to exceed a cumulative maxis um total of len seats dor patrons): 5.5 spaces per 1,000 square feet of GFA Restaurants — Full -Service 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA if not integrated into a planned development complex Restaurants — Semi -Enclosed 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA if not integrated into a planned development complex Restaurants — Take -Out 5.5 spaces per 1,000 square feet of GFA Restaurants — Walk -Up 16 spaces per 1,000 square feet of GFA Retail Sales — General General: 5.5 spaces per 1,000 square feet of GFA for first 100,000 108 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Utilities — Minor square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 Veterinary Services square feet Art Galleries: 3.3 spaces per 1,000 square feet of GFA Warehousing & Storage — Enclosed 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 5 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 accessways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces Retail Sales — Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA Other: 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 Retail Sales — Used Merchandise 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 Room & Board 1 space for each bedroom plus 1 space for each nonresident employee, plus one space for visitors (for purposes of this provision, "bedroom" means any room designed, intended or primarily used for sleeping purposes) Self Storage Facilities 0.27 space per 1,000 square feet of building GFA or 5 spaces, . whichever results in a greater number of spaces; plus adequate loading and unloading areas as required by the City Traffic and Transportation Manager Sex -Oriented Businesses Primarily live performance: 10 spaces per 1,000 square feet of GFA Primarilv book or video store: 5.5 spaces per 1,000 square feet of GFA 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 4 spaces per 1,000 square feet of building GFA, plus spaces for tow trucks Transit Facilities Requires Parking Demand Study per paragraph 18.42.040.010.0107 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 18.42.040.010.0107 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 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 109 Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Warehousing & Storage — Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle accessways), plus 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% Wholesaling 1.55 spaces per 1,000 square feet of building GFA 110 EXHIBIT "M" Table 46-A aired Fences and Walls Zones Multiple- Public and Single -Family Family Special - Residential Residential Commercial Industrial Purpose Special Provisions Enclosing Outdoor Storage: Not applicable Not applicable Not applicable 6-8 foot high Not applicable Subject to fence or § 18.38.200 (Outdoor masonry wall Storage) and § 18.46.110.090 (Enclosure of Outdoor Uses) Separating Zones: Abutting None 6-8 feet 8 feet 8 feet "OS". None; May be a Single -Family decorative decorative decorative "PR": 6 feet; combination of a Residential masonry wall masonry wall masonry wall "T": 6 feet masonry wall and Zone or berm or berm or berm except if berm; subject to developed § 18.46.110.060 with single- (Front Yards) family residential; "SP5-' 6 feet Abutting 6-8 feet None 8 feet 8 feet "OS": None; May be a Multiple- decorative decorative decorative "PR": 6 feet; combination of a Family masonry wall masonry wall masonry wall "T": 6 feet; masonry wall and Residential or berm or berm or berm except if berm; subject to Zone developed § 18.46.110.060 with SFR; (Front Yards) SP: 6 feet Abutting 8 feet 8 feet None None "OS": None; May be a Commercial decorative decorative "PR": None; combination of a masonry wall masonry wall "T": 6 feet; masonry wall and or berm or berm "W": None; berm; subject to § 18.46.110.060 (Front Yards) Abutting 6-8 feet 6-8 feet None None "OS": None May be a Industrial decorative decorative "PR": 6 feet combination of a masonry or masonry or "T": 6 feet masonry wall and berm berm "SP 9%- 6 berm; subject to § 18.46.110.060 feet (Front Yards) Abutting 6 feet 6 feet None 6 feet None Mixed Use Single - Family Residential Separating Uses: Abutting None Residential Uses Adjacent to 6-8 feet Freeways & decorative Toll roads masonry or berm Zones _ Multiple - Family Residential Commercial 8 feet solid wall or berm abutting single family residential uses 6-8 feet decorative masonry or berm .Abutting 6-8 feet 6-8 feet Railroads decorative decorative masonry masonry Public and Special - Industrial Purpose Special Provisions 8 -foot 8 -foot "OS": May be a combination of a decorative decorative masonry wall and berm; subject to ,None. PR . 6 § 18.46. l 10.060 (Front Yards) masonry masonry feet; wall or wall or ``T": 6 berm berm feet; "SP": 6 feet; None None None As required under Council Policy except for . No. 542 (Sound Attenuation in residential Residential Projects); and subject uses in "T" to § 18.46.110.040 (Residential Zone: 6 Areas Adjacent to Major Rights -of - feet Way) 6-8 feet 6-8 feet 6-8 feet Vines decorative decorative decorative required on masonry or masonry or masonry fencing; and berm, berm, or berm, subject to chainlink chainlink chainlink § 18.46.110.050 interwoven interwoven interwoven .0502 with PVC with PVC with PVC slats* slats slats *only where fence is not visible to public right-of- way other than railroads Notes on "fable 46-A: 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. 112 EXHIBIT "N" Table 90-A ZONE CORRESPONDENCE Single -Family Residential Zones Current Former Zoning Code RH-I Single -Family Hillside, Residential RS -HS -43,000 Residential, Single -Family Hillside RH-2 Single -Family Hillside, Residential RS -HS -22,000 Residential, Single -Family Hillside RH-3 Single -Family Hillside, Residential RS -HS -10,000 Residential, Single -Family Hillside RS -1 Single -Family, Residential RS -10,000 Residential, Single -Family RS -2 Single -Family, Residential RS -7200 Residential, Single -Family RS -3 Single- Family, Residential RS -5000 Residential, Single -Family RS -4 I Single -Family, Residential No Corresponding Former Zone Multiple -Family Residential Zones Current Former Zoninz Coda RM -1 Multiple- Family, Residential No Corresponding Former Zone RM -2 Multiple- Family, Residential RM -3000 Residential. Multiple -Family RM -3 Multiple- Family, Residential RM -2400 Residential. Multiple -Family RM -4 Multiple- Family, Residential RM -1200 Residential. Multiple -Family RM -4 Multiple- Family, Residential I RM -1000 Residential. Multi le -Family Planned Community Zone Current Former Zoninz GWe No Replacement Zone for Former Zone PC Planned C ommunitl Commercial Zones Current Former Zoning Cade CG I General Commercial CL Commercial. Limited Former Zone Incorporated into CG Zone CG Commercial, General Former Zone Incorporated into CG Zone CH Commercial. I lea% , Former Zone Incorporated into CG Zone CL -HS Commercial, Limited - Hillside C -NC Neighborhood Center Commercial No Corresponding Fortner Zone C-R Regional Commercial No Corresponding Dormer Zone O -L Low Intensity Office CO Commercial, Otiice and Professional O -H High Intensity Office T No Coffesponding, Former Zone Industrial Zones Current Former Zoning Crile I Industrial ML Limited Industrial Former Zone Incorporated into I Zone MH Heavy Industrial Public and S ial Purpose Zones Current Former Zoning Code OS Open Space OS Open Space PR Public Recreational PR Public Recreational SP Semi -Public No Corresponding Former Zone T Transition RS -A-43,000 I Residential/Agricultural 113 Parkin Commercial and Parkin Industrial Zones Current Former Zoning Code RM -3 Multiple- Family, Residential PD-C/RM- 2400 Parking District — Commercial/Multiple-Family Residential T Transition PD -C Parking District — Commercial No Replacement Zone for Former Zone PLD -M Parking/Landscape District — Manufacturin Overlay Zones Current Former Zoning Code PTMU) Platinum Triangle Mixed Use Overla (SE) Sorts Entertainment Overlay (BCC) Brookhurst Commercial Corridor Overlay (BCC) Brookhurst Commercial Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay No Replacement Zone for Former Zone Subject to § 18.38.180 (Oil Production) (0) Oil Production Overlay (SC) Scenic Corridor Overly (SC) Scenic Corridor Overlay (FP) Floodplain Overlay (FP) Floodplain Overly MHP Mobile Home Park Overly MHP Mobilehome Park Overly DMU Downtown Mixed -Use Overly (DMU) Downtown Mixed -Use Overly MU Mixed Use Overlay No Coffesponding Former Zone Specific Plan Zones The names of the s eci is plan zones did not change — the chapter numbers changed as indicated Chapter Number Title Current Former Spmific Plan No. 87-1 (The Highlands) 18.100 18.70 Specific Plan No. 88-1 (Sycamore Canyon) 18.102 18.71 Specific Plan No. 88-2 Summit 18.104 18.72 Specific Plan No. 88-3 PacifiCenter) 18.106 18.73 Specific Plan No. 90-1 Festival 18.108 18.74 Specilfic Plan No. 90-2 East Center Street Development) 18.110 18.75 Svecific Plan No. 90-4 Mountain Park) 18.112 18.76 Specific Plan No. 90-3 (Cypress Canyon) Rescinded 18.77 Specific Plan No. 92-1 (Disneyland Resort 18.114 18.78 Specific Plan No. 92-2 Anaheim Resort) 18.116 18.48 Specific Plan No. 93-1 Hotel Circle) 18.118 18.79 Specific Plan No. 94-1 ortheast Area) 18.120 718.110 114 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to wit November 3, 2005 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: November 3, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space TIE ORAMM COUNM R461FfiR TIIwift, November 03, 2805 ANANM NVUATim PAcv SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 5998 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLES 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS, CLARIFICATIONS AND UPDATES (ZONING CODE AMENDMENT 2005-00041) This ordinance makes the following revisions to the existing provisions of Titles 18 of the Anaheim Municipal Code: MOTION 1. Amends Table 4-A (Primary Uses: Single -Family Residential Zones) of Section 18.04.030 to include adding a cross-reference to useful information in Chapter 18.36 (Types of Uses) regarding Residential Care Facilities (living accommodations for 6 or fewer persons) and Group Care Facilities giving accommodations for 7 or more persons). This amendment also corrects information that was inadvertently omitted from Table 4-B (Accessory Uses and Structures: Single -Family Residential Zones) of Section 18.04.030 to permit 'Animal Keeping' in the RH-2 "Single -Family Hillside Residential" zone (the former RS -HS -22,000 'Residential, Single -Family Hillside" zone). The former RS -HS -22,000 zone specifically Permitted equine, bovine, sheep, goats and swine on minimum 22,000 sq.ft lots; in all other residential zones where such animals were formerly permitted, the minimum parcel size was (and remains) one acre (43,560 sq.ft.). This amendment will correct the code to permit Animal Keeping on minimum 22,000 square foot lots in the pill zone. Finally, this amendment deletes subsection 18.04.030.070 (Sites Formerly Used for Service Stations) from Chapter 18.04 (Single -Family Residential Zones) because a service station is not, and was not previously, a permitted or conditionally per- mitted use in any single-family residential zone, with one exception: the former RS -A-43,000 (Residential/AgricuRural) zone permitted service stations by conditional use permit. in connection with the Zoning Code update the RS -A-43,000 zone be- came the "T" Transition Zone, which is regulated in Chapter 18.14 (Public and Special -Purpose Zones) and is not a 'residential' zone. MOTION 2. The amendments to Table 4-H (Maximum Lot Coveragge: Single -Family Residential Zones) of Section 18.04.090 include deleting the words 'excluding swimming pools and semi -enclosed patio structures' from the entry for the RS -2 zone because the definition of "Lot Coverage' in Section 18.92.150 of Chapter 18.92 (Definitions) also specifically excludes 'swimming pools and semi -enclosed pafio structures.' This amendment also replaces the word 'Section' in front of certain section num- bers in Table 4-H with the symbol V so that the format is consistent with other tables throughout the Zoning Code. SECTION 3. The amendments to Table 4-J (Permitted Encroachments for Accessory Uses/Structures: Single -Family Residential Zones) of Section 18.04.100 include allowing recreational vehicles (including trailers) to be parked for longer than 3 days in the per- mitted open parking spaces (driveways) in the required front yards of single-family residential zones. The current limitation that allows only driveable recreational vehicles be stored no longer than 3 days in front driveways, is a new regulation that was added by the Zoning Code update. This amendment also adds the title to a reference to Chapter 18.42 (Parking and Loading), replaces "ROW" with "right-of-way," and adds text to clarify that the required screening of recreational vehicles, which are stored in the rear or side yards of Single -Family Residential lots, consist of 6 -foot high solid fences, walls or gates, building walls, or landscaping that provides an effective visual screen when viewed from the street, or any combination thereof. $NOTION 4. Amends Table 6-A (Primary Uses: Multiple -Family Residential Zones) of Section 18.06.030 to provide cross-references to useful information in Chapter 18.36 (Types of Uses) regarding 'Residential Care Facilities" and "Group Care Facilities." MOTION S. This amendment revises the text in subsection 18.06.030.070 (Sites Formerly Used for Services Station) of Chapter 18.06 (Multiple -Family Residential Zones) to match the text in subsection 18.08.030.070 (Sites Formerly Used for Services Station) of Chapter 18.08 (Commercial Zones). SECTION 6. This amendment to subsection 18.06.160.010 (Residential Planned Development) adds a cross-reference to Section 18.92.190 where the term 'planned unit development' is defined and described. SECTION 7. Amends Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 to cross-reference 'Group Care Facilities,' similar to the description in Section 1, above; and to cross-reference 'Laundromats(one of the typical uses in the 'Personal Services - General' use class), which are subject to supplemental use regulations in Section 18.38.150 including new requirements relative to possible sewer deficiencies. MOTION S. Amends Table 8-C (Temporary Uses and Structures Primary Uses and Structures: Commercial Zones) of Section 18.08.030 to cross-reference new supplemental use regulations that have been developed for 'Carnivals & Circuses' in new Section 18.38.095 (see Section 27, below) and to cross-reference two other Municipal Code chapters (3.32 "Miscellaneous Businesses and Activities" and 4.53 "Carnivals and Circuses") that also apply to carnivals and circuses. SECTION 9. The reasons for amending Table, 8-F (Minimum Setbacks: Commercial Zones) include inserting text that was inadvertently omitted requiring that trees be planted every 20 feet in the required setback of the C -G (General Commercial) zone adja- cent to residential zones. This was a development standard in the former C -L (Commercial, Limited) zone, which was replaced by the C -G Zone. This amendment also adds a minimum 10 -foot building and landscaped setback requirement along freeways in the C-R (Regional Commercial), C -G (General Commercial) and OH (High Intensity Office) zones. Currently the only setback required along freeways is a 10 -foot setback for building walls with windows. In comparison, the minimum setback along arterial highways ranges from 15 to 20 feet for commercial zones and 25 feet for the T` (Industrial) zone, of which at least 15 feet par- allel to the freeway must be landscaped. SECTION 10. Amends Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 to cross-reference new supplemental use regulations for Laundromats; and to correct an inadvertent omission regarding a use, Retail sales of household furniture when it comprises at least 50,000 sq.ft., that was conditionally permitted in the former ML (Limited Industrial) zone which was replaced by the 'T (Industrial) zone. SECTION ii. Amends Table 10-C (Temporary Uses and Structures: Industrial Zone) of Section 18.10.030 to reference new supplemental use regulations for Carnivals & Circuses and other applicable Municipal Code chapters. MOTION 12. The reason for amending subsection 18.10.030.070 (Sites Formerly Used for Service Stations) in Chapter 18.10 (Industrial Zone) is the same as described in Section S, above, for consistent text throughout the Zoning Code. SECTION 13. This amendment to Table 14-A (Primary Uses: Public and Special -Purpose Zones) of Section 18.14.030 makes Plant Nurseries a conditional use in the "T" (Transition) Zone instead of being a prohibited use. Plant Nurseries may be appropriate at certain locations when subject to conditions of approval such as time limitations, design and location of access driveways, and screening requirements adjacent to sensitive uses. SECTION 14. The reason for amending Table 14-C (Temporary Uses and Structures: Public and Special -Purpose Zones) of Section 18.14.030 is the same as described in Section 8, above, to reference new supplemental use regulations for Carnivals & Circus- es and other applicable Municipal Code chapters. SECTION 15. The reason for amending subsection 18.14.030.070 (Sites Formerly Used for Service Stations) in Chapter 18.14 (Public and Special -Purpose Zones) is the same as described n Section 5, above, for consisient text throughout the Zoning Code SECTION 16. Paragraph .0902 of subsection 18.14.030.090, pertaining to additional uses in the PR (Public Recreational) zone, specifies that the Planning Commission or City Council may, by resolution, determine that certain hu,dings, structures and uses are allowed on property in the PR zone, "in addition to those listed in subsection 18.14.030.090 (PR zoned property is either owned by the city or located adjacent to city -owned property). This amendment deletes the Iasi sentence in paragraph .0902, which pertains to conditions and findings for conditional use permits, because the sentence is unnecessary. SECTION 17. This amendment corrects an error in Section 18.22.020 (Applicability) of Chapter 18.22 (Brookhurst Commercial Corridor Overlay (BCC) Zone) by replacing the word "city" with "Brookhurst SubAreaof the West Anaheim Commercial Corridors Re- development Project Area" because the (BCC) Overlay is applicable only to a specific area of the city, not citywide. SECTION 18. This amendment adds text to subsection 18.30.020.020 (Application to Area) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) to clarify that the (DMU) Overlay may be combined only with underiying zones that exist within the area covered by the (DMU), not citywide. SECTION 19. The reasons for amending Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 are the same as described in Section 1, above, to cross-re'erence useful information reganiir,:,1 'Group Care Facilities' and , , Sec. tion 7, above, to cross-reference new supplemental use regulations for Laundromats. SECTION 20. This amendment corrects an error in Chapter 18.36 (Types of Uses) whereby "Residential Care Facilities" should be listed alphabe8cally in Section 18.36.030 (Residential Pt maty Use Classes, insea'. of Secticn '8.36.040 (Non-Residew 'r�i mary Use Classes) because residential care facilities are Permitted Primary Residential Uses in single-family and multiple-farnily residential zones (see Table 4-A and Table f --A). This amendment l; i, dertie` Care Facilities" in sut 18.36.030.050 and moves "Senior Citizen Housing" to new subsection 18.36.030.060. - `-- SECTION 21. This amendment adds the use class "Senior Citizen Hosing" as subsection .060 to Section 18.36.030 (Residential Primary Use Clasu s) of Chapter 16 36 (Types of Uses) of t:'c • Anaheim Munic,pal C Ae. SECTION 22. This amendment removes text from subsection 18.36.040.070 ("G" Use Classes) of Chapter 18.36 (Types of Uses) which duplicate> information red ardng Group Care es found in the denntli ,n R _ortia; i urp Care Facility tion 16.92.210 ("R" Words, Terms and Phrases). This amendment also cross-references said Section 18.92.210. ` -- SECTION 23. This amendment deletes an error in subsection 18.36.040.160 ("P" Use Classes) of Chapter 18.36 (Types of Uses). Nail salons' are l;, red tw ce as a yllral use in the Persona Services-Gene.ise iaa SECTION 24. The reason for this amendment to subsection 18.36.040.180 ("R" Use Classes) of Section 18.36.040 (Non -Residential Primary Use C'.nsses) is related to the reason describes rn Section 20, al;.ova Residentia.. Care - ccilifies are a Resider mary Use Class instead of a Non -Residential Primary Use Class. This amendment removes "Residential Care Facilities" from the R' Use Classes and is concurrent with the amendment described in Section 20nnich ;nseds "Residenti Facilities" in the alphabetical listing in Section 18.36.030 (Residential Primary Use Classes). SECTION 25. This amendment adds a new section 18.38.095 (Carnivals & Circuses) to Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal t rale. Section 18.38.095 contains regulatiors -not es:-ibtiv , .,pe,atw. ial ar sits limitations ing prohibiting an excessive number of Carnival & Circus permits from being obtained on a single parcel or on a group of parcels trial are developed as a single project, such as a business or commercial retail ::enter. The new regulations 4 the duration of a carnival or circus permit (maximum 10 consecutive days), the number of annual permits (not more than two permits on any project site during a calendar year), and require the submittal of s ra plans + r review and approval fy that the use of the site is not likely to have an adverse impact on surrounding land uses. ' SECTION 26. This amendment to subsection 18.38.110.150 (pertaining to adequacy of trash pick-up for convenience markets) of Chapter 18.38 (Supplemental Use Regulations) updates tree title 'Code Enfcrremrmt' `o T >> nucito fires-:rvat;o for a•_�r;>. with a recent amendment to Chapter 1.01 (Code Adoption and Construction) of Title 1 (Administration) of the Anaheim Municipal Code. adopted on March 8, 2005 under Ordinance No. 5959, SECTION 27. The amendments to Section 18.38.150 (Laundromats) in Chapter 18.38 (Supplemental Use Regulations) include adding text requiring a Sewer Study for any Laundromat to determine whether it's proposed tc be located in an area having -, deficiency and, if so, requiring that appropriate measures to mitigate such deficiencies be identified and completed prior to the Laundromat commencing operation. ' This amendment also deletes an unnecessary subsection, 18.38.150.060, which specifies that a business license is required for Laundromats (business licenses requirements are adequately addressed e'.sewhere in the Mun.cipai Code) and -: bars the subsections to accommodate the revisions. SECTION 28. This amendment to subsection 18.38.200.010 (Screening) of Chapter 18.38 (Suppplemental Use Regulations) clarifies what comprise'ad equate screening of outdoor storage and cross-references Table 4E -A irir._luired ;"ences and Walls) rn 18.46 (Landscaping and Screening) which contains specific information regarding screening outdoor storage areas abutting residential zones. residential uses mixed use zones dr railroads TIE ORANIM COUKrY RE61S= ThIOsdol Mw aiwAmw @i, 29" Merhm 29. This amendment adds new subsection .040 (Lot Frontage) to Section 18.40.020(Building Site Requirements) of Chapter 18.40 (General Development Standards) to clarify that all new kits shall have frontage on a public street or alley unless other- wise specified by the underlying zone. Development Area 6 of the Highlands at naheim Hills Specific Plan (Chapter 18.100), for example, permits lots to front on eiMer public orprivats accessways (subsection 18.100.100.020). SECTION 30. This amends the title of subsection 18.40.040.040 (Institutional Uses Adjacent to Residential Zones) of Chapter 18.40 (General Development Standards) to read 'Institutional Uses Adjacent to Residential Zones or Residential Uses' to clarify that the required 15 -foot interior landscaped setback applies when adjacent property is either zoned residentially or developed with residential uses. SECTION 31. This amendment adds a new Section 18.40.090 (Council Policies) to Chapter 18.40 (General Development Standards) to advise that copies of the Council Policies, which are referenced in the Zoning Code, are kept on file in the Office of the City Clerk and that those policies may be amended from time -to -time. SECTION 32. Amends the title of Section 18.42.020 (Standard Plans and Details) of Chapter 18.42 (Parking and Loading) to read "Engineering Standard Plans and Details, and Planning Details." Engineering standard plans and details, which are approved by the City Engineer and updated from time -to -time, are referenced throughout the Zoning Code. 290711011111133. This amendment to subsection 18.42.030.010 (General) of Section 18.42.030 (Residential Parking Requirements) adds a new paragraph (.0107) to clarify that required parking spaces shall not be used for storage of inoperable vehicles. SECTION 34. This amendment to subsection 18.42.0.30.020 (Dwellings - Multiple -Family) of Section 18.42.030 (Residential Parking Requirements) revises the number of parking spaces that may be assigned to individual Multiple -Family dwellings. SECTION 35. This amendment to subsection 18.42.030.030 (Dwellings - Single -Family Attached) of Section 18.42.030 (Residential Parking Requirements) revises the required number of parking spaces for Attached Single -Family dwellings. SECTION 36. This amendment to paragraph .0402 (pertaining to parking spaces in tandem to a garage) of subsection 18.42.030.040 (Dwellings - Single -Family Attached) clarifies that 'front' setback also means street' setba:k, and adds the word 'Planning' in front of the title for Detail P-1 to differentiate it from engineering standard details. SECTION 37. The amendments to Table 42-A (Non -Residential Parking Reqquirements) in Chapter 18.42 (Parking and Loading) include adding information to the 'Required Spaces' column for Day Care Centers to clarify that such centers may serve either chil- dren or adult clients, and that the parking requirement for ad % day care is the same as for child day care. The amendment also inserts missing numbers and words, corrects certain terms and numbers, and clarifies when building gross floor area (instead of parcel area) is the basis for calculating the required number of parking spaces. - SECTION 38. This amendment to subsection 18.42.050.010 (Residential Uses) of Section 18.42.050 (Location of Parking) adds text to specify that for condominiums or other common interest residential projects with Attached or Detached Single -Family Dwell- ings which are located on multi -parcel sites, the required parking for each dwelling may be provided on the project site, not necessarily on the same lot as the dwelling it serves. SECTION 39. This amendment to subsection 18.42.060.020 (Driveway Cuts for Single -Fame y Residences) of Section 18.42.060 (Parking Dimensions and Access) designates that the approval authority for Planning Details is the Planning Director. SECTION 40. This amendment to subsection 18.42.070.040 (Tandem Parking) of Section 18.42.070 (Parking Lot Design) clarifies that tandem parking is prohibited unless specifically authorized by Chapter 18.42 (Parking and Loading) or permitted by the under- lying zone. Development Area 7 of the Highlands at Anaheim ills Specific Plan (Chapter 18.100), for example, permits tandem parking (subsection 18.100.110.030). SECTION 41. This amendment to subsection 18.44.110.020 (On -Site Directional Signs) of Section 18.44.110 (Wall Signs and Other Types of Signs) corrects an error that specifies two different maximum heights for free-standing on-site directional signs: 4 feet I (the same as for monument -type signs) and 6 feet (the same as for building wall -mounted signs). The correct maximum height is 4 feet. On-site directional signs, which are permitted at driveway entrances to projects and may be freestanding, monument -type or mounted on building walls, display the words "in," "Out," 'Enter,' "Parking," "Entrance" or "Exit," and may include a logo and/or directional arrows. SECTION 42. This amendment to subsection 18.44.110.070 (Window Signs) of Section 18.44.110 (Screening, Fences, Walls and Hedges) clarifies that window signs are permitted only on the inside of windows in commercial and industrial buildings. j SECTION 43. The amendments to Table 46-A (Required Fences and Walls) of Section 18.46.110 {Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) include correcting an error regarding the required Enclosure of Outdowhich specifies that only 6 to 8 -toot high masonry walls satisfy the screening requirement, but, depending on the adjoining use, there are several options according to subsectioor Storage in the Industrial zone, subsection 18 (Enclosure of Outdoor Uses): building walls, fence:_ including chain link with climbing vines, earthen berms, or any combination thereof (this amendment reflects the former Zoning Code pertaining to required site -screening r. industnai zones). This amendment also makes a correction to specify that the required fence or wall separation between commercial or industrial zones and residential uses is the same as for the separation between commercial or industrial zones and residential' zones; lt adds a cross-reference to Section 18.38.200 (Outdoor Storage) in Chapter 18.38 (Supplemental Use Regulations), which is applicable but is not referenced elsewhere in this Chapter 18.46: and it adds titles to several cross-referenced code sections and Council Policy No. 542 "Sound Attenuation in Residential Projects." Where different requirements regarding fences or walls are in conflict, subsection 18.46.110.020 (Required Fences and Walls) specifies that the most restrictive shall apply. SECTION 44. This amendment to subsection 18.46.110.090 (Enclosure of Outdoor Uses) of Section 18.46.110 (Screening, Fences, Walls and Hedges) corrects a spelling error and adds text to clarify that there are four options for screening any outdoor use of an industrial nature, including storage. SECTION 45. This amendment modifies the title of Section 18.56.070 (Nonconforming Parking) in the list of sections on the first page of Chapter 18.56 (Nonconformities) to read 'Nonconforming Parking and Landscaping.- The modification more clearly de- scribes the content of the section, which requires that any expansion of multiple -family and non-residential buildings shall comply with current parking and landscaping requirements. This amendment also revises subsection 18.56.070.030 (Expansion of Single -Family Residence) regarding the maximum Permitted expansion for single-family dwellings ff nonconforming parking is not brought into compliance with code. The amendment will permit a maximum 650 sq.ft. additional livable floor area for houses in zones where the minimum livable floor area requirement is 1,225 sq.ft. (RS -2, RS -3 and RS -4 "Single -Family Residential') and 850 sq.ft. for housesin zones where the minimum livable floor area requirement is 1,700 sq.ft. (RH-1, RH-2 and RHS "Single -Family Hillside Residential" and RS -1 "Single -Family Residential")- An expansion exceeding 650 sq.ft., or 850 sq.ft. as appropriate, would require that the parking be brought intocompliancewith code. A typical example of nonconforming parking is a 1 -car garage (2 spaces in a garage are required). Houses with nonconforming parking were not addressed in the former Zoning Code, which meant that any floor area expansion required upgrading the parking to code standards. The current code permits an expansion of up to 50% of the existing livable floor area. This amendment will also make such house additions (that don't include bringing the parking into code -compliance) a one-time expansion, and will cross-reference exceptions that may be permitted under subsection 18.60 020.040 (Modifications i Related to Nonconformities) of Chapter 18.60 (Procedures). SECTION 46. reflects the content of the This amendment modifies the title of Section 18.58 130 (Application Review; Appeal) of Chapter 18.58 (Affordable Multiple -Family Housing Developments] to read 'Appeals - Genen-a.' The modificatior more accurately section, which pertain:; specifically to appeals. The proposed title is the same as used in 18.60.130 (Appeals -General) in Chapter 18.60 (Procedures) for the same subject. ! SECTION 47. This amendment to subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures) revises subsection 18.56.070.030 (Expansion of Single -Family Residence). It author�,zes the Zoning Administrator to consider whether asingle-famih. house can be expanded by more than 650 sq.ft., or 850 sq.tt. depending on the underlying zone, without existing nonconforming parking being brought into code -compliance 6. typical reason for requesting such ace 'adjustment' might be a 3 -car garage with a 10 -foot deep driveway (4 spaces required, minimum 2 in a garage and 2 open spaces tandem to the garage) and no additional on-site area that would accommodate a fourth parking space which is ac- cessible (s vehicles. Similar 'adjustments' (with no public notification but with action is taken at a public meeting) are currently permitted in connection with construction on nonconforming lots (Section IP 56.020) and modification of nonconform Ing uses o vehicles 1 Similar . SECTION 48. This amendment corrects an error in subsection 18.60.130.030 (Timeframe) of Section 18.60.130 (Appeals -General) whereby the Zoning Administrator is authorized to act on administrative adjustments but not on reclassifications. SECTION 49. Thisamendmentto paragraph.0204 of subsection 18.60.170.020 (Required Findings) of Section 16.60.170 (Extension of Time to Comply with Conditions of Approval) changes the reference to 'Community Freservati;n instead of 'Code Enforcement.' SECTION 50. I This amendment t018.60.200.030 (Notification) of Section 18.60.200 (City -Initiated Revocation or Modification of Permits) changes the reference to 'Community Preservation' instead of 'Code Enforcement. SECTION 51. This amendment Section 18.60.210 (Termination of Permits) of Chapter 18.60 (Procedures) authorizes the Zoning Administrator to terminate petitions that are no longer in use and for which the Zoning Administrator is :h,a appr,val authority. SECTION 52. I This amendment to Section 18.68.030 (Initiation) of Chapter 18.68 (General Plan Amendments) authorizes the Planning Director to initiate general plan amendments. Currently amendments can be initiared only by the property owner. the City Council or the Planning Commission. SECTION S3. This amendment to subsection 18.76.030.010 (Reclassification) of Chapter 18.76 (Zoning Amendments) authorizes the Planning Director to ir•,itiate reclassifications to rezone property. Currently reclassfications can be in,tiated only by the property owner, the City Council or the Planning Commission. SECTION 54. This amendment correctsposed ext amendments tparagraph the Zoniing Codat (Motion public hearing, not as a non-pubsection .020 licxt ng item.Amendment) of Section 18 76.050 (Action by Planning Commission) to specify that the Planning Commission shall. in romalian,.:e with state la,v, consider pro - SECTION W. Subsection .020 (Recommendation for Denial) of Section 18.76.060 (Action by City Council) is amended to cross-reference Sectio„ 18.60.130 (Appeals - General) and to add new subsection .030 (Public Hearing) specifying that if an appeal is initi- ated regarding a Planning Commission recommendation for approval or denial of a proposed change h.) text in the Zoning Code or to the zoning map, the item shall be considered at a duly noticed public hearing as required by state law. SECTION Se. The amendments to Section 18.90.100 (Former Zones) of Chapter 18.90 (General Provisions), which section consists of an �ntroauctory paragraph and Table 90-A (Zone Corresppondence), include amending the introductory paragraph to add text clarifying that future new zones may be developed to replace existing zones. For example, the Platinum Triangle Mixed Use (PTMU Overlay replaced the Sports Entertainment (SE) Overlay. SECTION 37. The amendment to Table 90-A corrects inadvertent errors consisting of the wrong corresponding zones being identified for several f,. rner zona:s and the wrong title being used for the 'former (PC) zone (deleting the wcrI 'residential from Residen- i tial Planned Community Zone). - SECTION SS. This amendment addresses an omission by adding a definition for'Adult Day Care Center' to Section 18.92.040 ("A" Words, Terms and Phrases) of Chapter 18.92 (Definitions). The terra is currently cross-referenced uneer Day Care Centers in sub- section 18.36.040.040 (Types of Uses) as being defined in Chapter 18.92. SECTION 59. This amendment deletes an inadvertent error in the introductory paragraph of subsection 18.110.040.020 of Section 18.110.040 (Site and Development Standards) of Chapter 18.110 (East Center Street Development Specific Plan No. 90-2), which in- correctly references 'Criteria for Deck Type Housing Projects.' Those criteria were repealed by the City Council on June 10, 1997, under Ordinance No. 5601, and all references were deleted from the Zoning Code except for the East Center Street Specific Plan. SECTION 60. This amendment deletes the words and Criteria for Deck Type Housing Protects' from subsection 18.110.040.030 Parcel 14N - Attached Multipilfe-Family Housing] of Section 1A.110.04G. rw.oeregisterdassifieds.com THE ORANGE COUNTY REGISTER Thursday, November 03, 2005 ANAHEIM BULLETIN PAGE 31 SECTION 61. This amendment to paragraph (k) (Private Street Widths) of subsection 18.110.040.060 (Parcel 22 -Attached Single -Family Housing (,Paired Homes)) of Section 18.110.040 eiminates a refererce to a specific Engineering Standard Detail sc ,ut- of-date references are not made whenever standard details are updated or revised, as they are from time -to -time. In this case Engineering Standard Detail No. 122, pertaining to private streets was revised last year and renumbered '162. posed amendment reads that 'Private entry streets shall comply with the latest revisions of the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to private streets. SECTION 62. This amendment deletes the words 'and Criteria for Deck Type Housing Projectsfrom subsection 18.110.050.010 (Parcel 14N) of Section 18 110.050 (Land Uses). SECTION 63. This amendment deletes the words 'and Criteria for Deck Type Housing Projects' from paragraph (a) (Residential) of subsection 18 110,050 040 (Parcel 4d). SECTION 64. This amendment to paragraph .0903 (Vehicle Sight Distance to be Maintained) of subsection .090 (Permitted Encroachments into Required Yards and Setback Areas) of Seztion 18.114.050 l c hapter 18.114 Dsneyland Resort Specific Pla 1 Zoning and Development Standards) is the same as described in Section 61, above, to modify references to Engineering Standard Details. SECTION 65. The reason for amending paragraph .1005 (Screening of Surface Parking Areas) of subsection .100 (Required Site Screening) of Section 18 114 0 0 is the same as •iescrbed in Section F,'. ab:,ve, l ly references to Engineering Details. SECTION 66. The reason for amending subparagraph .02 of paragraph .0302 (Parking Structure Design) of subsection .030 (Layout and Design) of Section 18.114.110 (Off -Street Park: rig and Loading ?equ remants s he sante as described ,n S, above, to modify references to Engineering Standard Details. =' SECTION 67. The reason for amending subsection 18.114.110.080 (Parking Markings and Separations) of Section 16.114.110 is the same as described in Section 61.. above, to modify referee •::es to Engineer,, >.. St nf.;rsi th SECTION 68. The reason for amending subsections .120 (Parking Space and Access Design) of Section 18.114.110 is the same as described in Section 61, above Eo modify references to if ngineenng Stanav d SECTION 69. The reason for amending subsections .130 (Truck Loading) of Section 18.114.110 is the same as described in Section 61, above, to nodify rpfererrces to Engineering Standar.. Details SECTION 70. The reason for amending subsection .020 (Signs -General) of Section 18.114.130 (Sign Regulations) is the same as described in Sect tion 61, above. it modity references to Er-;meering Standar -,1 Dil SECTION 71. This amendment to subsection .050 (Conditional Uses and Structures) of Section 18.116.070 (Land Use and Site Development Standards -Commercial Recreation (C-R) Distri I (Development Area i i) of Chat: 18.116 (Anaheim Resort Spe. No. 92-2 Zoning and Development Standards) clarifies that three types of restaurants are conditionally permitted in the Commercial Recreation C R' District: restaurants with public entertainrn ent, fast rr;od r nor rester (rants. and walk-up onl rants. SECTION 72. The reason for amending paragraph .1001 (Vehicle Sight Distance to be Maintained) of subsection .100 (Permitted Enclosures into Required Ya,d and Setback Areas) 01 Semon 18.116.070 (C )nmercta.. Hei: ­!rron (CR) District - Developrr, 1) is the same at described in Section 61, above, to modify references to Engineering Standard Details. SECTION 73. The reason for amending paragraph .1105 (Screening of Parking Areas) of subsection 18.116.070.110 (Required Site Screening) is the same as desenbed in Section 61, above 'o modify references to Engineer ng Stan ;ard Details. SECTION 74. The reason for amending subsection .070 (Parking Markings and Separations) of Section 18.116.110 (Off -Street Parking and Loading Requirements) is the same as describe' in Section 61, alX ve ro mod:si re!en:l to Engineering Stanc- tails. SECTION 75. The reason for amending subsection 18.116.110.110 (Parking Space and Access Design) is the same as described in Section 61, above, to modifv references to Engineering S; indard Details. SECTION 76. The reason for amending subsection 18.116.110.130 (Truck Loading) is the same as described in Section 61, above, to modify references t0 Lngineoi r;q Standard Details SECTION 77. The reason for amending subsection .040 ("D" Words, Terms and Phrases) of Section 18.116.030 (Definitions) of Chapter 18.118 (Hotel Circle Sp.�i.:rtic Plan No. 93-1 'oni-- ; and Developmr:r t St ld aril<I r e sat :e as described in Se, r r,r -;1 above, to modify references to Engineering Standard Details. SECTION 78. The reason for amending subsection .050 (Sight Distance) of Section 18.118.112 (Structural Setback and Yard Requirements) is the same as described in Section 61, above t modify references to r rg sort Yt ind-rd Details SECTION 79. The reason for amending subsection .010 (Screening at Public Rights -of -Way) of Section 18.118.114 (Required Site Screening) is the same as described in Section 61.. above, -, modify reference to Frig, -en, , Sand -,rd Details, SECTION 80. The reason for amending subsection .100 (Parking Markings and Separations) of Section 18.118.120 (Off Street Parking and Loading Requirements) is the same as described in Section 61, above, to modify references to Engineering Stannard Details. SECTION 81. The reason for amending subsection 18.118.120.150 (Parking Space and Access Design) is the same as described in Section 61, above, to modify references to Engineering Sandard Details. SECTION 82. The reason for amending subsection 18.118.120.210 (Curb Return) is the same as described in Section 61, above, to modify references to Engineennr) Standard Details. SECTION 83. The reason for amending subsection .050 (Location) of Section 18.118.143 (Future Establishment Signs) is the same as described in Section 61, alai -,�, to modify references v Engineering Stil a c De';;ilro SECTION 84. This amendment corrects an inadvertent error to the title of Section 16.120.050 (Zoning and Development Standards - Industrial Area (Development Area 1)) of Chapter 1(.120 (Northeast A ea Specify•: v_ 4-. Zonina and Devel Standards)_ _ - SECTION 85. The reason for subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.050 (Land Use and Development Standards -Industria'. Area (Development Are:: 'i)) is the same a.; de --i in v:•,. above, to modify rete --. 'o Engineering Standard Details. This amendment also corrects a format numbering error whereby paragraph .0903 was inadvertently labeled 'subparagraph (c).' SECTION 86. rhe reason for amending paragraph .1503 of subsection 18.120.050.150 (Salvage, Shredding and Vehicle Dismantling Operations) is to change the title Code Enforcement tc Community Presetvati. )o SECTION 87. rhe reason for amending the title of Section 18.120.060 (Zoning and Development Standards - Industrial Area - Recycling Overlay (Development Area 1A)) Is the same as de,-c.ribed in Sectior 81 aoov=, r u1e t,- word Zoning' to Lar - n the section title. - SECTION 88. rhe reason for amending subsection .010 (Permitted Primary Uses and Structures) of Section 18.120.060 (Land Use and Developri 0 Standards- Ilidi,strial Area -Recycling 0, erlay Area (Develo gym, nt Asea to c inform to the number; t rention in the updated Zoning Code, and to change the title 'Code Enforcement' to 'Community Preservation.' - LECTION 89. he reason for amending subsection 18.120.060.050 (Conditional Uses and Structures) is to conform to the numbering convention it lie updated Zr,nrng Code, LECTION 90. he reason for amending paragraph .0906 of subsection .090 (Structural Setback and Yard Requirements) of Section 16.120.060 (La -i Use and Development Standards-Indu-trial Area-Recycl:.0 Ar a 'Deve . rnent Asea 1A)1 is the same as ted in Section 61, above, to modify references to Engineering Standard Details. LECTION 91. 'he reason for amending paragraph .1101 of subsection .110 (Off -Street Parking and Loading Requirements) of Section 18.120.060 is the same as described in Section 61. abet: to modify refer -:r ceiin Gnq ,,,-a 01 -darn DetaiPa. iECTION 92. 'he reason for amending subsection .090 (Structural Setback and Yard Requirements) of Section 16.120.070 (Land Use and Development Standards Expanded Industrial Ar -a (Development 4 a ')) :r to - .toren tc the ri:urnbermg convex .:i he updated Zoning Code and references to Engineering Standard Details. iECTION 93. 'he reason for amending subsection 18.120.070.110 (Off -Street Parking and Loading Requirements) is the same as described in Se0i,,,n 61, above. k, modify references to Engineering Standard Detals. IECTION 94. he reason for amending paragraph .0908 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.080 (Land Use and Development Standards -La P -diva Core Area (Dev lk nmert A ..a 311 s into same as descr:oed on 61, above, to modify references to Engineering Standard Details. - 1ECTION 95. he reason for amending paragraphs .0902 and .0903 of subsection .090 (Structural Setback and Yard Requirements) of Section 18 120.090 (Lane; Use and Development Sfandards-Transit Core Area (Dc.Frinpmen' Area 4')) is 'o cont rr umbering convention in the updated Zoning Code. Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No 5998 which ordinance was introduced at a regular , ieeting of the City _ourlcil of the City of A.-iaheim on the 11th dab Dber, 2005 and was duly passed and adopted at a regular meeting of said Council on the 25th day of October, 2005 by the following roll call vote of the members thereof .YES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez ICES: None BSENT: None he above summary is a brief description of the subject matter contained in the text of Ordinance No. 5998,. which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or descn!-e ry provision of the ordinance and should not be relied on as a substitute for the full teed of the ordinance. o obtain a copy of the full tela of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5.00 PM, Monday through Friday. There is nc charge for the copy. ublish: Anaheim Bulletin November 3 2005 25-779 6862775