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2363ORDINANCE NO. 2363 AN ORDINANCE OF THE CITY OF ANAHEIM: AI�MNDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE I3Y ADDING A NEW CHAPTER TO BE NUIvEIRED 18.37. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code be, and the same is hereby amended by adding a new Chapter to be numbered 18.37, reading as follows„ "CHAPTER 18.37 - C-R, COIli--IERCIAL RECREATION ZONE. "SECTION 18.37.010 DESCRIPTION AND PURPOSE. "This zone is intended to provide for and encourage the development of retail businesses directly related to the business of entertaining, housing or supplying services to the tourist, as well as to provide for certain multi -story headquarters type business and professional office iluildings. "SECTION 18.37.020 PERMITTED USES. "Subject to the provisions of this zone, the following uses either singly or in combination are permitted in this zone. All uses except service stations, and as otherwise noted herein, shall be conducted wholly within a building. Uses shall not be objectionable by reason of noise, odor, dust, smoke, vibrations or other similar causes: A. Primary Uses 1. Hotels 2. Motels 3. Enclosed restaurants 4. Skating rinks 5. Howling alleys 6. Art galleries 7. Service stations limited to intersections of arterial highways. No structure designed or intended for residential use may be used for commercial purposes within this zone. B. Accessory Uses. The following accessory uses may be conductea w ere clearly incidental to and integrated within a primary use complex: 1. Banks 2. Drug stores 3. Floral shops 4. Souvenir shops 5. Photo supply shops 6. Clothing stores 7. Day Nurseries -1- 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Barber shops Beauty shops Ticket agencies Travel agencies On -sale of alcoholic beverages enclosed restaurants Off -sale of liquor Candy stores Jewelry stores Custom print shops Concession stands or shops Auto rental agencies Radio and television studios Dog kennels limited to Signs as permitted in Section 18.37.040. C. Conditional Uses. The following uses may be permitted by conditional use permit subject to the Site Development Standards of this zone and the conditions and required showings of Chapter 18.64 (Conditional Uses). 1. Theme type amusement parks or complexes including: (a) Displays and exhibits for the primary purpose of advertising specific products and the incidental sale of those products on the site. (b) administrative, processing, maintenance and storage facilities necessary to support the operation of the park complex. (c) The keeping of animals or birds used in the operation of the park, provided that such animals or birds shall be maintained in physical confinement sufficient to restrain 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 con- trolling said animals or birds. Further, no birds or animals shall be allowed to be confined closer than forty (40) feet from any building used for human habitation and no closer than twenty (20) feet from any property line. 2. Theatres, excepting drive-in. 3. Exhibition halls or auditoriums including museums. 4. Heliports and transportation terminals. 5. nigh -rise business and professional office buildings, provided that: (a) The site has frontage on a freeway or arterial street or highway. (b) The building will be a minimum of three (3) stories in height. 6. Semi -enclosed restaurants. -2- 7. On -sale of alcoholic beverages in: (a) hotels (b) hotels (c) Skating rinks (d) Bowling alleys (e) Semi -enclosed restaurants 8. Car wash 9. Golf Course 10. Minature golf course 11. Driving range 12. heights in excess of seventy-five (75) feet, not to exceed the heights defined by iiap 1124 entitled, 'Anaheim Commercial Recreation area heights Standard Guideline.' "SECTION 18.37.030 SITE DEVELOP11E T STANDARDS. A. ilinimum site requirements -None. B. ivinimum setbacks and landscaping. There shall be provided setbacks and landscaping as follows for every building hereafter erected in this zone or when any existing building or building site is added to by twenty- five (25) per cent or more of the gross area of said exist- ing building or building site: 1. Street Setbacks. An open setback shall be provided or the full width of the property abutting any street or highway. Said setback shall be measured from the planned highway right-of-way line designated by the General Plan as follows: (See Chapter 18.85 for setbacks on Patella i -.venue, harbor Boulevard and West Street) . (a) (arterial Streets, setback ten (10) feet, all landscaped except as otherwise noted by ordinance. (b) Local Streets setback five (5) feet, all landscaped. (c) Parking Area Setbacks. When a vehicular parking area abuts- a public street, excepting Harbor Boulevard, Katella (avenue or West Street, the required landscaping area may be reduced to three (3) feet in depth. The required landscaping shall consist of thirty (30) inch high screen type shrubs or bushes. 2. Interior Setbacks. None required except that within one hundred Fifty- (150) feet of any single family residential zone (excepting R -A Zones, which have a Resolution of Intent to rezone to zones other than -3- R-1), an open setback area equal to two (2) times the height of any proposed structure shall be provided. Said setback areas may be used as part of an automobile parking area, provided that moderate to rapid growing evergreen, broad headed heavy textured trees are planted adjacent to the residential zone boundary on maximum twenty (20) foot centers. Where the property under consideration abuts a dedicated alley, the entire width of the alley may be applied in measuring a required setback. 3. Landscaping. Landscaping shall consist of lawn, trees, shrubs, etc., except as required above. All land- scaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and shall be provided with hose bibbs, sprinklers or similar permanent irrigation facilities. (a) Landscape Plan Review. The location of all peri- pheral and interior Iandscaping shall be shown on a plot plan and shall be subject to review by the Development Services Department. (b) Front Setback Area. The following architectural features, struc -res, and accessways may be per- mitted in the required setback area: (1) Fountains, ponds, sculpture, planters and walkways (open or covered) where they are an integral part of a landscaping scheme comprised primarily of plant materials. (2) Decorative screen type walls, not exceeding thirty (30) inches in height, where located no closer than ten (10) feet from the front property line. (3) Signs as permitted in Section 18.37.040 herein. (4) Flag poles for the display of a national, state or company ensign only. (5) Entrance and exit drives and walks into parking areas. (6) Decorative screen walls for the purpose of screening utility devices or facilities. (c) Trees. The interior portions of all vehicular parking areas shall be planted and maintained with trees at a ratio of at least one (1) tree per each ten thousand (101000) square feet of parking area. Each tree shall be protected either by i:ieans of a minimum four (4) inch high PCC curb or adequate bumper guards. C. Building and Structural height Limitations. 1. The maximum height of all buildings or structures shall be seventy-five (75) feet, except as provided in Section 18.37.030 v,3. -4- 2. The height of structures within one hundred fifty (150) feet of any single family residential zone boundary (excepting the R -A Zone), shall not exceed one-half the distance from said ;wilding or struc- tures to the zone boundary. Dedicated streets and alleys may be included in calculating distance. 3. heights in excess of seventy-five (75) feet, not to exceed the heights defined by Hap 1124, entitled '.Anaheim Commercial Recreation area Height Standard Guideline,' may be permitted by conditional use permit. D. Roof mounted equipment shall be constructed so that it is not visible from any public street or residence. E. Off -Street Parking. 1. The following minimum number of off-street parking spaces shall be provided and, where a combination of uses are proposed, the parking requirements shall be the sum of the requirements of the individual types of uses. (a) hotels: One (1) space per two (2) guest rooms, pplus one (1) space per each employee for the maximum number of employees on the largest shift. (b) Llotels : One (1) space per each guest unit. (c)Restaurants (excepting drive-in or walk-up), Cafes, Niq t Clubs, Bars and Cocktail Lounges: une (1) space zor eacn Live t5) tixea seats, plus one (1) space for each tnirty-five (35) square feet of seating area where there are no fixed seats, plus one (1) space per each employee for the maximum number of employees on the largest shift. A minimum of ten (10) parking spaces shall be provided regardless of seating area or the number of employees. (d) Theatres, Auditoriums, Exhibition Halls, Museums, Art Galleries: One (1) space per each fivefixed sea s, plus one (1) space per each thirty-five (35) square feet of seating or view- ing area where there are no fixed seats, plus one (1) space per each employee for the maximum number of employees on the largest shift. (e) Bowling Alley: Three (3) spaces per alley, plus one (1) space for each thirty-five (35) square feet of building area used for public assembly, plus five (5) spaces per one thousand square feet of gross building floor area used for other commercial purposes. (f) Skating Rinks, Ice or holler: One (1) space per eac five seats or thirty-five (35) square feet of seating area where there are no fixed -5- seats, plus one (1) space per each two hundred fifty (250) square feet of floor area not used for seating, plus one (1) space per each employee for the maximum number of employees on the largest shift. (g) Auto Rental Agency: One (1) space per each rental vehicle to be kept on the premises, plus one (1) space per each employee for the maximum number of employees on the largest shift. (h) Heliports and Transportation Terminals: Because of the unique problems connected with this use, the parking requirements shall be determined at the time of application by the Planning Commission. (i) Golf Course: Ten (10) spaces per hole, plus one (1)—space or each thirty-five (35) square feet of building floor area used for public assembly, plus five (5) spaces per one thousand (1000) square feet of gross building floor area used for other commercial purposes. (j) Golf Driving Range: One (1) space per tee. (k) Tvlinature Golf: Twenty (20) spaces, plus one (1) space per each employee for the maximum number of employees on the largest shift. (1) Theme Type Park: Parking requirements to be e ermine y ne Planning Commission using the requirements as set forth in this Chapter as a guide. (m) Other Retail Stores and/or Service Businesses: Five (5) spaces per one thousan( (10square feet of gross floor area or fraction thereof. (n) nigh Rise Business and Professional Office builaings (j) stories and over in height) . Four (4) spaces per one thousand (IUUU) square feet of seventy-five (75) per cent of the gross area exclusive of any portion of the building devoted to vehicle parking or other commercial uses, where uses other than business and pro- fessional offices or parking are included in the building, their individual parking requirements shall be added to the sum of the requirements for the rest of the building. (o) For other uses as provided in this Chapter, parking shall be provided in accordance with the provisions of Chapter 18.04. (p) Where exceptional and extraordinary circumstances applicable to the site of the use to be served are involved, parking may be provided adjacent to, or within four hundred (400) feet of said site. All property used for such off-site parking shall be under the same ownership as the use intended to be served, under joint ownership, or under agreement approved as to form by the City Attorney. A recorded document stipulating the reservation of the property for parking purposes shall be filed with the Development Services Department prior to the issuance of a building permit. 2. All off-street parking shall be designed and im- proved in accordance with the requirements of the Minimum Dimensions for Off -Street Parking as approved by the City Council. 3. The above provisions shall take precedence over any conflicting provisions of Section 18.04.030. F. External Lighting. Parking areas shall be lighted by down -light ype Eight standards. All external lighting shall be directed into or on the site and away from the property lines. G. Vehicular Access. The size and location(s) of all vehicular access and vehicular circulation for public use shall be reviewed by the Traffic Engineer prior to the issuance of a building permit. I1. Walls. Where an interior site boundary line abuts a residential zone, a six (6) foot masonry wall shall be provided. Said wall shall be measured from the highest finished grade level of the subject property or adjacent properties, whichever is the highest. I. Standard Refuse Storage Areas. required iinthis zone an ey conformance with the standards Areas' on file in the office of Works. "Section 18.37.040 SIGNS. Refuse storage areas are shall be constructed in entitled 'Trash Storage the Director of Public A. Aggregate Area of Signs Permitted. The aggregate area of aII`signs facing each three Hundred (300) lineal feet of street frontage shall be limited to two (2) square feet for each lineal foot of street or highway frontage, plus an area equal to any wall sign permitted. B. Free -Standing Signs. 1. Number of -Fr - ee-Standing Signs Permitted One (1) multi-facedfree-s an ing sign, designating the principal uses of the premises, shall be permitted on any one parcel of property. An additional free- standing sign shall be permitted for each additional three hundred (300) lineal feet of street or high- way frontage in excess of the first three hundred (300) feet of frontage. When more than one (1) free-standing sign is permitted, it shall :,e at least three hundred (300) feet from any other free- standing or roof sign located on the same parcel of property. HFa 2. Height of Free -Standing Signs. (a) Maximum Height of any free-standing sign shall be seventy -feet or the distance from the base of the sign to the center line of the adjacent street, whichever is the lesser, except (b) Maximum Height Within Three Hundred (300) Feet of a Residential Use shall be twenty-five (25) eet. Subject to Paragraph 2(a) of this Section, the height of a sign may be increased one (1) foot for each additional ten (10) feet within which there is no residential use. (c) Minimum Height of any portion of the sign itself shall e eig t (8) feet. 3. Area of Free -Standing Signs. (a) The area of each face of a double-faced free- standing sign shall not exceed three hundred fifty (350) square feet or two (2) square feet for each lineal foot of street or highway frontage of the parcel of property on which said sign is located, whichever is the lesser; except that each face of any multi -faced free-standing sign shall not exceed two (2) square feet for each lineal foot of street or highway frontage, and further the combined area of all of the faces of a multi -faced free-standing sign shall not exceed seven hundred (700) square feet. (b) when property has frontage on more than one (1) street, the property may have the number of multi - faced free-standing signs permitted by Section 18.37.040 B,1 for each such street frontage. In establishing the size of each such sign, only the lineal feet of the street upon which each of said signs faces may be considered. (c) The owner of any lot or parcel of property front- ing on more than one (1) street or highway may elect to combine the total street frontage of said property in establishing the maximum permitted size of any free-standing sign; however, in the event all street or highway frontage is so combined, only one (1) such sign shall be permitted to be constructed on the premises and such single sign shall not exceed the maximum area permitted by Section 18.37.040 B,3(a). (d) Two (2) or more owners of separate adjacent parcels of real property may elect to combine the street or highway frontage of their respective adjacent properties. If such properties are so combined, one (1) free-standing sign shall be permitted to be constructed or erected in accordance with the provisions of this Chapter. Each face of any such double-faced free-standing sign may be permitted a maximum sign area of three hundred fifty (350) square feet per face of two (2) square feet for each lineal foot of combined street or highway frontage, whichever is the lesser, and further, each face of any multi -faced free-standing sign permitted shall not exceed two (2) square feet for each lineal foot of combined street or highway frontage, and the combined area of all faces of a multi -faced free-standing sign shall not exceed seven hundred (700) square feet. The afore- mentioned election to combine street or highway frontages of adjacent properties shall not be permitted if there exists on any portion of said properties any free-standing sign, unless such free-standing sign is removed. (e) Regardless of the amount of lineal street or high- way frontage of said parcel of real property, all double-faced free-standing signs shall be permitted to have at least thirty (30) square feet per face, and all multi -faced free-standing signs shall be permitted to have at least a combined area of all of the faces of said multi --faced sign of sixty (60) square feet. 4. Location of Free -Standing Signs. The free-standing sign ssli=be� locatedin the center twenty (20) per cent of the property with relation to abutting parcels of prop- erty. No sign need be located more than one hundred twenty (120) feet from an abutting parcel property line. C. Lyall Signs. One (1) wall sign relating to the principal business of or use of the premises is permitted per each owner, lessee or tenant of a building. The area of each wall sign permitted shall not exceed twenty ( 20 ) per cent of that portion of the face of the building owned, leased or rented. D. Roof Signs. One (1) roof sign of a maximum area of two nun rea—ifty (250) square feet or two (2) square feet per lineal foot of street frontage, whichever is the lesser. No illuminated roof sign shall be permitted that exceeds twenty-five (25) feet in height from the ground when within a radius of three hundred (300) feet from any residentially used structure. The sign way be increased one (1) foot in height for each ten (10) feet in radius within which there is no residential structure; however, in no event shall the highest portion of any roof sign exceed twenty-five (25) feet from the roof on which it is placed. In addition, the location of roof signs in relation to abutting parcels of property shall be governed by the distance requirements of Section 18.37.040 B,4. No roof sign shall be placed closer than three hundred (300) feet from any other roof sign or free-standing sign located on the same parcel of real property. Tile owner of any lot or parcel of real property fronting on more than one (1) street or highway may elect to combine the total street frontage of said property in establishing -9- the maximum permitted size of any roof sign. however, in the event all street or highway frontage is so combined, only one (1) such sign shall be permitted to be constructed on the premises and such single roof sign based on such combined street or highway shall not exceed in area the maximum permitted by the provisions of this section. h. Entrance or Exit Signs. One (1) 'Entrance' or one Exit sign shal e permitted at each driveway entering or leaving the premises. Such signs shall not exceed three (3) square feet in area nor be more than four (4) feet in height from the ground. F. Guide Signs. One (1) guide sign (as defined in Section 18.62. z ) Sign ordinance), not exceeding twenty-four (24) square feet in area, the largest dimension of which shall not exceed six (6) feet. Said sign may be located anywhere on the premises behind the property line. G. For Sale or Lease Signs. One (1) unlighted sign of a maximum of ten square feet, offering the premises for sale or lease or open to the inspection of the public, provided, that a total of three (3) such signs riiay be placed on the real property if the total aggregate area of all three (3) such signs does not exceed ten (10) square feet. E.11arquee (Changeable Copy) Signs. Any of the types of signs permit e oy Section;_G7_.38U , may be permitted as raarquee signs as defined in Section 18.62.030(e), subject to all of the limitations, conditions and restrictions contained in this section. I. name Plates. One (1) unlighted name elate of a r;iaxium of G o square feet in area. "Section 18.37.050 ZtE:�T llLLICrTIOivS E',t3I� I P OZt1ATS. `'Anticipating that changes will occur in the area due -�-o the in- crease in vehicular traffic, the following dedications and improvements are deer,.ied to be necessary to prevent congestion and the other hazarus related to the intensified use of the lana, and to be necessary for the preservation of the public Health, safety and general welfare: These requirements shall be met or complied with before any complex or building shall be given final approval and accepted for use and occupancy: A. All required arterial streets and 'highways, local streets, and alleys, which abut the subject property, shall be dedicated to the full width designated by the General Plan or other official plans or standards adopted by the City Council. B. All street, highway, and alley improvements shall have been installed and in good repair or street improvement plans shall be prepared to City of Anaheim standards and said improvements constructed. 7i faithful performance bond in a form approved by the City Attorney may be posted -10- to assure the construction of the streets, which may include, but not necessarily be limited to, excavation, curbs, gutters, sidewalks, pavement, drainage facili- ties or any other engineering requirement. C. Street lighting facilities shall be installed in accor- dance with the official street lighting plan approved by the Utilities Director, or street lighting fees in that amount specified by the City Council for any abutting street or highway, shall be paid to the City of Anahei,<<. D. Public utility easements necessary to serve the subject property and/or area in which the subject property is situated shall be placed underground in accordance with Chapter 17.0E entitled 'Subdivisions,' and dedicated to the City of Anaheim in accordance with the requirements of the Utilities Director. L. Necessary fire protection facilities shall be provided for in accordance with the requirements of the Fire Chief of the City of Anaheim. F. Street tree fees in the amount specified by the City Council for any abutting street or highway shall be paid to the City of Anaheim for the furnishing and planting of said -trees. Where fully concreted parkways are developed, tree wells shall be installed as required by official parkway development standards. G. The 3uilding Inspector shall not grant final release or issue a final certificate of occupancy to any building constructed upon any property covered by this ordinance until the City Engineer has indicated compliance with Section 18.37.050, Paragraphs A and B, the Utilities Director has indicated compliance with Section 18.37.050, Paragraphs C and D, the Fire Chief has indicated compli- ance with Section 18.37.050, Paragraph C, and the Director of Public ;',forks has indicated compliance with Section 18.37.050, Paragraph F. "SECTION 18.37.060 DEVELOPc,MN^1 REVIEW. "In order to promote the continued duality development characteristic of 23naheim's Commercial Recreation Area and to safeguard and enchance both potential and established community values through the encouragement of compatible developments, both structurally and architecturally, all development plans shall be subject to review by the Development Services Depart- ment. Where a question arises as to the administration of specific sections of the Anaheim liunicipal Code, appeal shall be in writing to the Anaheim Planning Commission who will hear the matter at its next regular meeting. Appeal from the decision of the Planning Commission shall be in written form, stating the reasons for said appeal, to the City Council. The Council may, on its own motion, elect to review the action of the Planning Commission." -11- SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause the sante to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 7th day of Idarch, 1967. 1AAYOR OF THE CITY OF\ANAHEIM ATTEST: J C TY CLERK F THE CITY OF ANAHEIil STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) IF DENE M. City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anaheim, hem -ori the 28th day of February, and that the same was passed a�audpted at a regi ar meeting of the City Council "held on the 7th day of T'Tarch , 19 67 by the following votee oche members thereof: AYES: COUNCILNJEN : Dutton, Schutte, Chandler, and Krein NOES: COUNCILI�MN : None ABSENT : COUNCIL2DEI14 : pebley AND I FURTHER CERTIFY that the nayor of the City of Anaheim approved and signed said ordinance on the 7th day of 1Niarch . 1967. IIv WITNESS e°SIE%EOF, I have ilereunto set my hand and affixed the official seal of the City of Znaheim this 7th day of Idarch, 1967. C Y CLERK OF THE CITY OF F,IW� tt�Il'i ( SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance is the original Ordinance No. 2363 and was published once in the Anaheim Bulletin on the 17th day of March, 1967. City Clerk -12-