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ORDINANCE NO. 5156
AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING CHAPTER 18.48 OF, ADDING
NEW CHAPTER 18.48 TO, AND AMENDING,
ADDING AND REPEALING VARIOUS SECTIONS
OF VARIOUS OTHER CHAPTERS OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Chapter 18.48 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, repealed.
SECTION 2.
That new Chapter 18.48 be, and the same is hereby, added
to Title 18 of the Anaheim Municipal Code to read as follows:
"CHAPTER 18.48
'C-R' COMMERCIAL RECREATION ZONE
18.48.010 DESCRIPTION AND PURPOSE.
This zone recognizes the uniqueness of the Commercial
Recreation Area as a family-oriented tourist center destination
and encourages facilities catering to tourist and
convention -related events. This zone is intended to provide for
and encourage the development of integrated facilities in
attractive settings for retail businesses directly related to
entertaining, lodging and supplying services to tourists and
visitors.
This zone is further intended to preserve locally
recognized values of community appearance; to safeguard and
enhance property values in the Commercial Recreation Zone; to
protect public investment in, and the character of, public
thoroughfares; and to aid in the attraction of tourists and other
visitors important to the economy of the City.
18.48.015 PERMITTED USES AND STRUCTURES - GENERAL.
Notwithstanding any other provisions of this Chapter, the
following additional limitations shall apply to the conduct of any
use permitted in this zone:
.010 All uses except service stations, automobile
parking lots, semi -enclosed restaurants, or as
otherwise exempted in this Chapter, shall be
conducted wholly within a building.
.020 All uses shall be conducted in a manner so as
not to be objectionable by reason of noise, odor,
dust, fumes, smoke, gas, vibrations or other similar
causes detrimental to the public health, safety or
general welfare.
.030 All stores shall deal primarily in new
merchandise, excepting as otherwise specified in
this Chapter.
18.48.020 PERMITTED PRIMARY USES AND STRUCTURES.
Subject to the limitations prescribed in Section
18.48.015 entitled 'PERMITTED USES AND STRUCTURES --
GENERAL' of this Chapter, the following buildings, structures and
uses, either singly or in combination, shall be permitted in this
zone:
.010 Hotels and Motels, including suite -type
hotels, not exceeding (i) seventy-five (75) feet in
height or six (6) stories, whichever is less, and
(ii) seventy-five (75) rooms in one or more
buildings within the same hotel or motel complex of
buildings on the same parcel or adjacent parcels.
.020 Restaurants (enclosed), with or without sale
of alcoholic beverages for on -premise consumption,
as defined in Section 18.01.190 entitled " R' WORDS,
TERMS AND PHRASES' of this Code. Restaurants
allowed as permitted uses shall be full service
establishments. Such establishments shall provide
take-out service only as a limited, ancillary
function.
18.48.030 PERMITTED ACCESSORY USES AND STRUCTURES.
.010 The following accessory uses may be conducted
where clearly incidental to and integrated with a
permitted primary use:
.0101 Administrative, maintenance, and/or indoor
storage facilities necessary to support the
operation of a primary use.
.0102 Automobile/vehicle parking lots, or
structures providing off-street parking spaces,
as required by this Code for uses permitted under
this Chapter.
.0103 Confectionery shops, including candy
stores, ice cream parlors, and establishments
selling baked goods (including, but not limited
to, cookies and muffins) for on -premise sales
only (not on -premise consumption).
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.0104 Sales of alcoholic beverages for
on -premise consumption.
.0105 Signs as permitted pursuant to Section
18.48.090 entitled 'SIGN REGULATIONS -ADVERTISING
AND IDENTIFICATION' of this Chapter.
.020 The following accessory uses may be conducted
where clearly incidental to and integrated with a
permitted primary use, excluding restaurants, and as
otherwise limited herein:
.0201 Amusement arcades, integrated within a
hotel or motel only, with no public access
directly from the exterior of the building, and
subject to the provisions of Chapter 4.14
entitled 'AMUSEMENT DEVICES' of this Code.
.0202 Auto rental agency offices, integrated
within a hotel or motel only, and with no on-site
storage or display of rental cars.
.0203 Banking facilities, including automated
teller machines.
.0204 Barber shops.
.0205 Beauty shops.
.0206 Book stores, including newspaper and
periodical sales.
.0207 Clothing stores.
.0208 Custom print and art shops.
.0209 Day care services, integrated within a
hotel or motel only, and limited strictly to the
use of the guests and/or employees of such hotel
or motel.
.0210 Dog and cat kennels, integrated within the
permitted primary use and limited strictly to the
guests and patrons of such use, provided such
kennels shall not be located closer than forty
(40) feet from a residentially zoned property.
.0211 Drugstores.
.0212 Floral shops.
.0213 Health spas and physical fitness centers,
integrated within a hotel or motel only, and
limited strictly to the use of the guests and/or
employees of such hotel or motel.
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.0214 Jewelry stores.
.0215 Laundry and dry cleaning facilities when
integrated within a hotel or motel only.
.0216 Luggage and accessory shops.
.0217 One (1) caretaker/manager residential
unit, less than one thousand two hundred
twenty-five (1,225) gross square feet in size and
integrated within a hotel or motel only, subject
to compliance with the parking standards for
Multiple -Family Dwellings under Section 18.06.050
entitled 'MINIMUM NUMBER, TYPE AND DESIGN OF
OFF-STREET PARKING SPACES AND AREAS' of this Code.
.0218 Photo supply shops.
.0219 Postal and copy service facilities.
.0220 Recreational facilities (including, but
not limited to, outdoor playground areas, tennis
and racquetball courts, and swimming pools), when
integrated as part of a hotel or motel only.
.0221 Restaurants (semi -enclosed, walkup and
delicatessen only).
.0222 Sales of alcoholic beverages for
off -premise consumption in conjunction with a
hotel or motel.
.0223 Shoe repair shops.
.0224 Souvenir, gift, and/or novelty shops.
.0225 Ticket agencies.
.0226 Tobacco shops.
.0227 Travel agencies.
18.48.040 PERMITTED TEMPORARY USES AND STRUCTURES.
The following temporary buildings, structures and uses
shall be permitted subject to the conditions and limitations
specified herein:
.010 Contractor's Office and/or Storage. Temporary
structures including the housing of tools and
equipment or containing supervisory offices in
connection with construction projects may be
established and maintained during the progress of
such construction on such projects, provided the
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time of such use shall not exceed one (1) year
unless a request for an extension of time for good
cause is approved by the Planning Director.
.020 Special Events. The temporary use of premises
for promotional events as defined in Section
18.01.200 entitled " S' WORDS, TERMS AND PHRASES' of
this Code, including but not limited to promotional
or outdoor sales, amusements, such as rides, games,
booths, or similar devices, shall be subject to
compliance with the provisions of Chapter 4.02
entitled 'SPECIAL EVENTS' of this Code.
.030 Temporary Parking Lots. Temporary parking
lots, subject to the review and approval of the City
Traffic Engineer.
18.48.050 CONDITIONAL USES AND STRUCTURES.
Due to the uniqueness of the Commercial Recreation Area
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 in this zone provided a conditional
use permit is approved therefor pursuant to, and subject to the
conditions and required showings of, Section 18.03.030 entitled
'CONDITIONAL USE PERMITS (C.U.P.'s)--GENERAL' of this Code.
Proposed plans for related signage shall be submitted with each
conditional use permit application and shall be subject to
approval by conditional use permit.
.010 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.
.020 Massage establishments, integrated within a
hotel or motel only, for which a permit is required
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pursuant to Chapter 4.29 entitled 'BATHS, SAUNA
BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR
BUSINESSES' of this Code.
.030 Art galleries.
.040 Automobile car washes in conjunction with
service stations only.
.050 Automobile rental agencies with on-site
storage and/or display of rental cars whether or not
in conjunction with a hotel or motel.
.060 Automobile service stations, subject to the
requirements of Chapter 18.87 entitled 'ZONING
CODE -CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE
STATIONS' of this Code (except as certain associated
uses are prohibited in this subsection), provided
that site development shall be governed by the
provisions of the site development standards of the
C-R Zone. 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 the structures and 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. Under no circumstances shall the
following uses be permitted in conjunction with any
service station facility:
.0601 The sale of alcoholic beverages for
on -premise or off -premise consumption.
.0602 Convenience markets or mini -markets.
.0603 Rental and/or display of utility
trailers.
.0604 Tow truck operations.
.070 Automobile/vehicle parking lots or parking
structures not otherwise permitted by paragraph
18.48.030.010.0102 entitled 'PERMITTED ACCESSORY
USES AND STRUCTURES' of this Chapter.
.080 Bowling alleys, including sale of alcoholic
beverages for on -premise consumption.
.090 Buildings and structures otherwise permitted
in this zone (including hotel, motel and suite -type
hotels) either (i) exceeding seventy-five (75) feet
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in height or six (6) stories, or (ii) exceeding
seventy-five (75) rooms in one or more buildings
within the same complex of buildings on the same
parcel or adjacent parcels. Such buildings shall
also be subject to the structural height limitations
of Map 1124, entitled the 'Anaheim Commercial
Recreation Area Height Standard Guideline' as
approved by the City Council by Resolution No.
80R-174, which Map is on file in the Planning
Department, and which height limitations are
incorporated herein by this reference.
.100 Churches.
.110 Emergency medical facilities.
.120 Golf courses, including miniature golf courses.
.125 Kitchens or Kitchenettes in hotel or motel
rooms.
.130 Museums.
.140 Non -publicly operated convention centers
including exhibition halls and auditoriums.
.145 Office buildings when accessory to, and
integrated as part of, an on-site permitted primary
or conditional use.
.150 Outdoor recreational playground areas in
conjunction with permitted primary uses and
structures.
.160 Radio and television studios, which may
include accommodations for filming/taping in front
of live audiences.
.170 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.
.180 Restaurants (semi -enclosed, walk-up or fast
food only,), except as permitted as an accessory use
pursuant to paragraph 18.48.030.020.0221 entitled
'PERMITTED ACCESSORY USES AND STRUCTURES' of this
Chapter.
.190 Signs not otherwise expressly permitted or
prohibited in this zone.
.200 Skating rinks.
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.210 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:
.2101 Plazas and/or other pedestrian -oriented
amenities shall be part of the center's design
as set forth in the Commercial Recreation Area
Design Guidelines as hereinafter defined.
.2102 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 -premise
sale or consumption; floral shops; luggage and
accessory shops; jewelry stores; sale of beer
and wine for off -premise consumption; sale of
alcoholic beverages for on -premise consumption;
entertainment facilities; and amusement
arcades, subject to the provisions of Chapter
4.14 entitled 'AMUSEMENT DEVICES' of this
Code. A complete listing of proposed uses
shall be submitted with every conditional use
permit application.
.220 Theaters, including dinner, legitimate or
motion picture theaters, performance theaters or
clubs, and indoor or outdoor amphitheaters.
.230 Transportation terminal stations to facilitate
the transfer from automobile or pedestrian travel to
bus, train or other forms of mass transit;
helistops, as defined in Section 18.01.090 entitled
" H' WORDS, TERMS AND PHRASES' of this Code
(excluding heliports); provided that any such
station or helistop shall be located a minimum of
one thousand (1,000) feet from any residentially
zoned property.
.240 Vacation ownership resorts subject to
compliance with the requirements of Section
18.48.070 entitled 'REQUIREMENTS FOR VACATION
OWNERSHIP RESORTS' of this Chapter.
18.48.060 PROHIBITED USES.
The following uses shall be prohibited in this zone:
.010 Ambulance services.
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.020 Any business activity wherein patronage and/or
employment is limited to persons eighteen years of
age or older as identified in Section 18.89.020
entitled '(ADULT ENTERTAINMENT BUSINESS)
DEFINITIONS' of this Code, except as otherwise
expressly permitted pursuant to any other provision
of this Chapter.
.030 Billboards as defined in Section 18.05.020
entitled 'CLASSIFICATION OF SIGNS' of this Code.
.040 Bingo Establishments.
.050 Cemeteries.
.060 Christmas tree sale lots and/or stands.
.065 Commercial retail centers, 'strip' shopping
centers, mini -malls and other shopping centers not
in conformance with the requirements of a specialty
retail center, as defined and permitted in Section
18.48.050.210 entitled 'CONDITIONAL USES AND
STRUCTURES' of this Chapter.
.070 Convenience markets or mini -markets.
.080 Conversions of hotels or motels to
semi-permanent or permanent living quarters, except
for a caretaker/manager unit as specified in
subsection 18.48.030.020.0217 entitled 'PERMITTED
ACCESSORY USES AND STRUCTURES' hereof, or vacation
ownership resorts as approved pursuant to subsection
18.48.050.240 entitled 'CONDITIONAL USES AND
STRUCTURES' hereof.
.090 Drive-in or drive-through restaurants.
.100 Headshops. For purposes of this Chapter, a
headshop is defined as any commercial enterprise or
establishment, whether ongoing or transient, which
sells any devices, contrivances, instruments or
paraphernalia as defined in Section 7.10.020,
subsection (g), entitled '(ADVERTISING, DISPLAY AND
SALE OF PARAPHERNALIA TO MINORS) DEFINITIONS' of
this Code.
.110 Heliports.
.120 Hospitals, convalescent homes, rest homes,
sanitariums, institutions for the treatment of the
mentally ill, birthing centers, and animal hospitals.
.130 Industrial uses.
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.140 Kitchens or kitchenettes except as otherwise
expressly permitted in this zone.
.150 Mobilehome parks, including expansion of
existing facilities to increase the number of
mobilehome sites.
.160 Office buildings, when not accessory to, and
integrated as part of, an on-site permitted primary
or conditional use.
.170 Sale of alcoholic beverages for on -premise
consumption and/or off -premise consumption except as
otherwise expressly permitted in this zone.
.180 Single-family or multiple -family dwelling
units except caretaker/manager units allowed as an
accessory use integrated within a hotel, motel or
vacation ownership resort.
.200 Structures originally designed or intended for
residential use but used for non-residential
purposes.
.210 Uses or activities not listed in this Chapter
which are inconsistent or incompatible with the
intended purpose of this zone.
18.48.070 REQUIREMENTS FOR VACATION
OWNERSHIP RESORTS.
.010. Purpose of Section. The City Council has
determined that vacation ownership resorts
constitute a commercial use similar to hotel/motel
facilities. Due to the mixed method of operation,
hybrid ownership, the potential generation of large
numbers of people and vehicles, and the potential
impact on the City's tourism -related facilities,
special criteria are warranted for the development
of vacation ownership resorts in addition to the
requirements of the underlying zone.
.020. Limits on Occupancy. Occupancy, or right of
occupancy, of any vacation ownership resort unit
(including different units within the same facility)
in a vacation ownership resort facility by a person
or entity shall be limited to not more than thirty
(30) consecutive days nor more than a total of sixty
(60) days during any consecutive twelve (12) month
period. Units which do not meet such criteria shall
be considered to be residential units and shall be
prohibited.
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.030. Required Zoning. Vacation ownership resorts
and conversions to vacation ownership resorts shall
be permitted only in the Commercial Recreation
("CR") zone and subject to obtaining a conditional
use permit. The conversion of vacation ownership
resorts to residential condominium use is prohibited.
.040. Related Uses. Vacation ownership resorts may
include other uses, either as accessory uses to the
vacation ownership resort use or as independent
facilities, so long as the specific use is allowed
by the underlying zone designation. Such uses shall
meet all City laws and requirements.
.050. Development Standards. The development
standards established in t e underlying zone
designation shall be applicable to vacation
ownership resorts and the conversion of existing
facilities to vacation ownership resort use.
Additional requirements may be imposed as follows:
.0501 Setback, height, landscaping, signage
requirements and recreational amenities.
Additional restrictions may be required to
ensure that the facility is adequately buffered
from surrounding uses.
.0502 Parking. Additional parking may be
required if the design of the facility and
units indicates that additional parking is
necessary.
.0503 Required facilities. The Planning
Commission and/or City Council may require the
provision of facilities, amenities, or design
features usually associated with hotels/motels
(for example, lobbies, check-in areas,
registration desks, service closets, laundry
facilities, and the like) to ensure that the
vacation ownership resort will adequately
function in the same manner as a hotel/motel
facility.
.0504 Kitchen facilities suitable for visitors
may be permitted by the Conditional Use Permit
permitting the vacation ownership resort.
.060. Conversion to Vacation Ownership Uses. The
following standards shall apply to conversions of
existing facilities to vacation ownership resort
uses. Any conversion of an existing facility to
vacation ownership resort use shall be required to
meet the same standards as new facilities.
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.0601 The conversion of any type of existing
unit or facility to vacation ownership resort
use shall be subject to the approval of a
conditional use permit. Conversion shall be
evaluated in terms of the physical suitability
of the units or facilities for vacation
ownership resort use. Items to be considered
shall include the general maintenance and
upkeep of the structures; general physical
condition of the facility; age of the
structures; suitability of the units for the
type of occupancy proposed; the age, condition,
and general repair of any recreational
facility; and conformance with appropriate
building, safety and fire standards. The
facility shall be upgraded to mitigate any
identified deficiencies. Conversions shall
also be evaluated to ensure that the conversion
does not create or add to the shortage of the
particular type of unit proposed to be
converted in the City as a whole or in any
particular area of the City.
.0602 All facilities converted to vacation
ownership resort use shall meet all applicable
City requirements, including building, safety,
and fire standards.
.0603 Conversions which would significantly
reduce the overall number of conventional
overnight accommodations in the City for
visitors shall not be allowed. The effect of
the conversion on existing conventional
overnight accommodations shall be quantified by
means of a survey. The survey shall include a
representative sample of the existing unit
supply in terms of location, price and type of
unit.
.070 Information Required for Applications. In
addition to any information requirements established
by other applicable sections of this Code, the
following information shall also be submitted as
part of any application to develop or institute a
vacation ownership resort:
.0701 Typical floor plans for each vacation
ownership resort unit type;
.0702 The phasing of the construction of the
vacation ownership resort use;
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.0703 The type of vacation ownership resort
method to be used (fee simple, leasehold,
tenancy -in -common, license, membership, and the
like) and how such use may be created;
.0704 The identification of vacation ownership
resort intervals and the number of intervals
per unit;
.0705 Identification of which units are in the
vacation ownership resort program, the use of
the units not included in the program, and the
method whereby other units may be added,
deleted, or substituted;
.0706 A description and identification of any
accessory uses which are proposed in
conjunction with the vacation ownership resort;
.0707 A description of the availability of the
vacation ownership resort project, including
accessory uses, to the general public;
.0708 The provisions made for management and
maintenance of the project and indication of a
contact person or party responsible for the
day-to-day operation of the project;
.0709 A description of the type and operation
of any other uses (commercial and/or
recreational) which are included in the
facility;
.0710 The formula, fraction or percentage, of
the common expenses and any voting rights
assigned to each vacation ownership resort unit
and where applicable, to each unit within the
project which unit is not subject to the
vacation ownership resort program;
.0711 Any restrictions on the use, occupancy,
alteration, or alienation of vacation ownership
resort units;
.0712 A parking demand study prepared by an
independent traffic engineer licensed by the
State of California, or such other study as
approved by the City Traffic Engineer and
provided to the City by the applicant at
applicant's sole expense;
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.0713 A description of the method to be used
consistent and in compliance with the
provisions of Chapter 2.12 entitled 'TRANSIENT
OCCUPANCY TAX' of this Code, to collect and
transmit the transient occupancy tax to the
City;
.0714 Any other information or documentation
the applicant, City staff, or Commission deems
reasonably necessary to the consideration of
the project, including any required
environmental or fiscal impact report
documents; and
.0715 Applications for the conversion of any
portion of an existing facility to a vacation
ownership resort shall include the following
information, as well as the other information
required by this section:
(1) A property report describing in
detail the condition and useful life of the
roof, foundations, and mechanical, electrical,
plumbing, and structural elements prepared by a
licensed engineer, an architect, or general
engineering contractor;
(2) A comprehensive list of all
improvements, upgrading, and additional
facilities proposed; and
(3) A report describing all repairs and
replacements needed, if any, to bring all
structures into substantial compliance with the
Uniform Building Code, Uniform Housing Code,
National Electrical Code, Uniform Plumbing
Code, Uniform Fire Code, Uniform Mechanical
Code, and any other uniform building related
codes as modified and adopted by the City.
Approval shall be subject to receipt of such
information and applicant's failure to submit
such documentation may be grounds for
disapproval.
.080 Prior to issuance of a buildinpermit, the
legal property owner shall be required to provide
the following:
.0801 Copies of all relevant enabling
documentation, including, but not limited to,
articles of incorporation, bylaws, declarations
of covenants, conditions, and restrictions, and
membership or license agreements;
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.0802 Copies of all State Department of Real
Estate applications and permits, including any
public report issued.
.090. Findings of Fact Necessary for Approval. In
addition to the findings of fact otherwise required
by any other provision of this Code, approval of any
conditional use permit for a vacation ownership
resort shall require the following finding:
That there are adequate visitor -serving
facilities in the City and that the project
will not preclude or significantly reduce the
development of other needed tourist facilities
or hotel or motel facilities.
.100. Vacation Ownership Resort Subject to
Transient Occupancy Tax. Notwithstanding any other
provision of the Anaheim Municipal Code, all
vacation ownership resort units shall be subject to
the payment of the transient occupancy tax as
otherwise prescribed by Chapter 2.12 entitled
'TRANSIENT OCCUPANCY TAX' of this Code. Units
occupied as traditional hotel/motel rentals shall
have the tax levied on the rent paid. Units
occupied on a vacation ownership resort basis shall
have the tax levied on the basis of the equivalent
rental rate which would be charged for that
particular unit if it were to be rented as a
traditional hotel/motel rental unit. The owner and
manager of the vacation ownership resort shall
jointly and severally be responsible to provide
sufficient data to the City to justify the
equivalent rental rate used in calculating the
transient occupancy tax. The manager of the
facility (or if the facility has no manager, the
owner of the facility) shall be deemed the
'operator' within the meaning of Chapter 2.12
entitled 'TRANSIENT OCCUPANCY TAX' of this Code for
purposes of collection and remittance of the tax.
18.48.080 SITE DEVELOPMENT STANDARDS.
.010 The site development standards hereinafter
set forth in this Chapter have been adopted to
operate in conjunction with certain design
guidelines for the Commercial Recreation Area of the
City of Anaheim (hereinafter referred to in this
Chapter as the 'C-R Design Guidelines') as the same
may be heretofore or hereinafter adopted and/or
amended by resolution of the City Council. Said C-R
Design Guidelines are incorporated herein by this
reference as if fully set forth in this Chapter.
All development otherwise permitted by this Chapter
shall comply with any applicable provisions of the
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C-R Design Guidelines. In addition to any fees
otherwise required by law, the City Council, by
resolution, may establish fees and the amounts
thereof required to be paid to the City for design
guideline review or landscape plan review pursuant
to this Chapter.
.020 All uses and developments in this Zone shall
comply with any applicable provisions of this Code
expressly referred to in this Chapter including,
without limitation, the provisions of Chapters 18.01
entitled 'DEFINITIONS --ZONING CODE' and 18.04
entitled 'SITE DEVELOPMENT STANDARDS -GENERAL' of
this Code; provided, however, that in the event of
any conflict or inconsistency between any provision
contained in any other Chapter of this Code and any
provision contained in this Chapter, the provision
contained in this Chapter shall govern and apply.
All Engineering Standards referred to in this
Chapter are on file in the Office of the City
Engineer and are incorporated herein by reference as
if fully set forth in this Chapter. All Planning
Standards referred to in this Chapter are on file in
the Office of the Planning Director and are
incorporated herein by reference as if fully set
forth in this Chapter.
18.48.081 BUILDING SITE REQUIREMENTS.
.010 General Building Site Requirements. The size
and shape of the site proposed for the use shall be
adequate to allow the full development of the
proposed use in a manner consistent with the stated
purpose and intent of this zone. Adequate provision
shall be made for the safe and orderly circulation
of both pedestrian and vehicular traffic between the
proposed site and all streets and highways and
between coordinated facilities, accessways or
parking areas on adjacent sites. The proposed
development shall not limit or adversely affect the
growth and development potential of adjoining lands
or the general area in which it is proposed to be
located.
.020 Nonconforming BuildingRe uirements. The site
development stan ar�Ics contained this Chapter
shall apply to (i) every building hereinafter
erected in this zone, (ii) every building
hereinafter structurally modified to an extent
exceeding twenty percent (200) of the gross floor
area of said existing building, and (iii) the
structural expansion portion of every building
hereinafter expanded.
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18.48.082 STRUCTURAL HEIGHT AND AREA LIMITATIONS.
.010 Maximum Structural Height. Except as
otherwise prove e in t is apter, the maximum
height of any building or structure shall not exceed
six (6) stories or seventy-five (75) feet in height,
(as measured from the finished grade level),
whichever is less; provided, however, that
penthouses or roof structures for the housing of
elevators, stairways, ventilating fans, cooling
towers or similar equipment required to operate and
maintain the building, fire or parapet walls,
skylights, chimneys, or similar structures may
exceed such height limit; provided no space above
such height limit shall be allowed for the purpose
of providing additional floor area.
.020 Height Adjacent to Single -Family Residential
The height of any building or structure within one
hundred fifty (150) feet of any single-family
residential zone boundary (other than property under
a resolution of intent to any commercial or
multiple -family residential zone) shall not exceed a
height equal to one-half (1/2) the distance from
said building or structure to said zone boundary.
Dedicated streets shall be included in calculating
distance.
.030 Height in Excess of Seventy -Five (75) Feet.
Height in excess of seventy-five 75 feet, measured
from the finished grade level to the highest point
of the building, including any penthouse, wall sign
or other structure, not to exceed the maximum
heights defined by Map 1124 entitled 'Anaheim
Commercial Recreation Area Height Standard
Guideline,' as adopted by City Council Resolution
No. 80R-174), shall be permitted by conditional use
permit.
.040 Structures in Excess of Maximum Heights
Defined by Map 1124. Structures in excess of the
maximum heights defined by Map 1124 entitled
'Anaheim Commercial Recreation Area Height Standard
Guideline,' as adopted by City Council Resolution
No. 80R-174, shall be prohibited.
.050 Minimum Parcel Size. Each lot in this zone
shall have a minimum width at street frontage of not
less than one hundred seventy-five (175) feet. This
requirement shall not apply to any lot lawfully
created prior to the effective date of this
requirement and shall not render any such lot
nonconforming to this Chapter for purposes of
applying any other requirements contained herein.
070590 17
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18.48.083 STRUCTURAL SETBACK AND YARD REQUIREMENTS.
Buildings in this zone shall be provided with open yards
and setbacks extending across the full width of the property as
provided herein.
.010 Lots Abutting Arterial Highways. Lots
abutting any arterial highway shall have a minimum
open setback as measured from the ultimate planned
highway right-of-way line of said arterial highway
as designated on the Circulation Element of the
General Plan, which setback shall be as hereinafter
set forth. All front yard setbacks shall be fully
landscaped, irrigated and maintained in a manner in
compliance with the C-R Design Guidelines, except as
otherwise provided hereinafter.
.0101 Cerritos Avenue has been identified,
from a vehicular design perspective, as a low
profile arterial highway within the Commercial
Recreation Zone. Lots abutting Cerritos Avenue
shall have a minimum, fully landscaped, front
yard setback of ten (10) feet; provided,
however, where a building is over three
(3) stories in height, a minimum, fully
landscaped, front yard setback of thirty
(30) feet shall be provided.
.0102 Harbor Boulevard from four hundred forty
(440) feet south of the centerline of Vermont
Street to Orangewood Avenue is planned as an
urban pedestrian theme street. Lots abutting
Harbor Boulevard within this area shall have a
minimum, fully landscaped front yard setback of
twenty (20) feet.
.0103 Lots abutting West Street from Ball Road
to six hundred fifty (650) feet south of the
centerline of Katella Avenue shall have a
minimum fully landscaped front yard setback of
thirty (30) feet.
.0104 Lots abutting the remaining arterial
highways in the Commercial Recreation Zone,
including Ball Road, Clementine Street,
Convention Way, Freedman Way, Haster Street,
Katella Avenue, Manchester Avenue, Orangewood
Avenue and Walnut Street shall have a minimum,
fully landscaped front yard setback of thirty
(30) feet.
070590 18
.020 Lots Abutting Local Streets. Lots abutting
any local street, shall have a ully landscaped
front yard setback of not less than ten (10) feet,
as measured from the ultimate planned right-of-way
line of said street; provided, however, that any
building over three (3) stories in height shall
provide and maintain a minimum, fully landscaped,
front yard setback of thirty (30) feet, as measured
from the ultimate planned right-of-way line of said
street; and further shall comply with Engineering
Standard Detail No. 101 entitled 'Street Sections.'
.030 Interior Lot Property Lines. A minimum ten
(10) foot side yard setback shall be required within
the area abutting any interior lot property lines;
except that when an interior lot property line is
within one hundred fifty (150) feet of any
single-family or multiple -family residential zone
(excepting an RS -A-43,000 Zone, which has a
resolution of intent to a zone other than
residential), an open side yard setback area, with
not less than twenty (20) feet of landscaping
adjacent to the property line, equal to two
(2) times the height of any proposed building or
structure as measured to the highest point of the
building, including any penthouse or other
structure, shall be provided.
.040 Required Improvements of Setback Areas.
Except as otherwise provided in this Chapter, all
required setback areas shall be fully landscaped
with lawn, trees, shrubs, walkways, plazas,
fountains, and other similar materials (not
including turf block). A minimum of eighty percent
(800) of the required setback area, excluding
driveways perpendicular to the street, on all lots
abutting public streets (other than Harbor
Boulevard) shall contain live landscape materials.
A minimum of fifty percent (500) of the required
setback area on all lots abutting Harbor Boulevard,
excluding driveways perpendicular to the street,
shall contain live landscape materials. All
landscaped areas shall be permanently maintained in
a neat and orderly manner as a condition of use and
shall be provided with a permanent automatic water
conserving irrigation system. All landscaping,
irrigation and maintenance thereof shall be provided
in compliance with the C-R Design Guidelines.
070590 19
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.050 Special Landscape Treatment. Any building
hereinafter erec ed in MIS zone, or any building
structurally modified to an extent exceeding twenty
(20) percent of the gross floor area of said
existing building, and which building is located on
any lot abutting any of the following intersections,
shall provide landscaping, paving and lighting
improvements within that certain sixty
(60) foot triangular intersection area as described
in and in compliance with the criteria set forth in
the C-R Design Guidelines:
.0501
Ball Road and Harbor Boulevard.
.0502
Convention Way and
Clementine Street.
.0503
Convention Way and
Harbor Boulevard.
.0504
Convention Way and
Haster Street.
.0505
Harbor Boulevard and Freedman Way.
.0506
Harbor Boulevard and Katella Avenue.
.0507
Katella Avenue and
Haster Street.
.0508
Katella Avenue and
West Street.
.0509
Katella Avenue and
Walnut Street.
.0510
Orangewood Avenue
and Harbor
Boulevard.
.0511 Walnut Street and Ball Road.
.0512 Walnut Street and Cerritos Avenue.
.0513 West Street and Ball Road.
.0514 West Street and Cerritos Avenue.
.060 Adjacent to Santa Ana Freeway (Interstate 5).
A minimum ten 10 foot wide landscaped area not to
include turf block) shall be provided on any private
property located immediately adjacent to the
ultimate right-of-way line of the Santa Ana Freeway
(Interstate 5).
.070 Landscape Plan Review. The location of all
proposed on-site and off-site landscaping, including
that within the parkway area (the area within the
ultimate street right-of-way as described on the
Circulation Element of the General Plan), shall be
shown on a site plan, drawn to scale, and shall be
070590 20
subject to the review and approval of the Planning
and Public Works/Engineering Departments prior to
installation. Any decision denying or requiring
modification of any such site plan may be appealed
to the Zoning Administrator in the manner and in
accordance with the procedures prescribed for
applications pursuant to Chapter 18.12 entitled
'ZONING ADMINISTRATOR' of this Code.
18.48.084 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS
AND SETBACK AREAS.
Buildings shall comply with the provisions of
Section 18.04.043 entitled 'PERMITTED ENCROACHMENTS INTO REQUIRED
YARDS -GENERAL' of this Code, except as provided herein.
.010 Automobile Parking Areas in the Front Yard
Setback. Surface parking and parking structures,
excluding the parking entry drive (throat), shall
not be permitted within the required front yard
setback. Surface parking in the area between the
front building line and the required front yard
setback is permitted, except on Harbor Boulevard,
provided such parking area is screened with a
thirty-six (36) inch high berm.
.020 Automobile Parking Areas in the Side Yard
Setback. On Harbor Boulevard only, surface parking
and parking structures in side yards shall be
permitted up to the required front yard setback line.
.030 Sight Distance. No landscape materials or
other elements exceeding twenty-four (24) inches in
height shall be permitted within the 'Commercial
Drive Approach' area as defined by Engineering
Standard Detail No. 137. All living landscaping
must be maintained, pruned or trimmed in a manner
which complies with the requirement contained in
this subsection.
.040 Parking in Interior Lot Setbacks. Where an
interior lot property line abuts 'asingle-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 C-R Design
Guidelines, 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 Section
18.48.086.011 entitled 'SCREENING ABUTTING
RESIDENTIAL PROPERTY' of this Chapter.
070590 21
.050 Fountains, Ponds, Sculptures. Fountains,
ponds, sculptures, decorative paving, planters and
decorative walkways shall be permitted within the
required front yard setback, provided they are an
integral part of a landscaping scheme comprised
primarily of plant materials.
.060 Decorative Screen -Type Walls. Decorative
screen -type walls, not exceeding thirty-six
(36) inches in height, for the purpose of screening
utility devices or facilities, shall be permitted
provided such walls shall not be located closer than
ten (10) feet from the nearest point of any street
right-of-way line, and further provided such walls
do not prohibit access to utility devices or
facilities.
.070 Signs. Signs shall be permitted as provided
in Section 18.48.090 entitled 'SIGN
REGULATIONS --ADVERTISING AND IDENTIFICATION' of this
Chapter except as otherwise restricted by
Sections 18.48.095 entitled 'BUSINESS AND
IDENTIFICATION SIGNS,' 18.48.096 entitled
'HOTEL/MOTEL SIGN STANDARDS', 18.48.097 entitled
'THEATERS AND ENTERTAINMENT FACILITIES' and
18.48.098 entitled 'AUTOMOTIVE SERVICE STATION
SIGNS' of this Chapter.
.080 Flagpoles. 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.
.090 Parking Entrances. Entrance and exit drives
and walkways into parking areas that are
perpendicular to the centerline of the street from
which access is provided, shall be permitted.
18.48.085 OFF-STREET PARKING AND LOADING REQUIREMENTS
All vehicle accessways and parking and loading areas
shall comply with the provisions of Chapter 18.06 entitled
'VEHICLE PARKING AND LOADING REQUIREMENTS' of this Code, except as
provided herein.
070590 22
.010 Location of Required Parking Spaces. All
parking areas shall comply with the provisions of
Section 18.06.010.020 entitled '(LOCATION OF
REQUIRED PARKING SPACES) NONRESIDENTIAL USES' of
this Code; provided, however, that parking areas
shall be permitted to encroach into required setback
areas in compliance with the provisions of
Section 18.48.084 entitled 'PERMITTED ENCROACHMENTS
INTO REQUIRED YARDS AND SETBACK AREAS' of this
Chapter.
.011 Layout and Design. Layout and design of
parking areas and vehicle accessways shall comply
with the requirements of Section 18.06.020 entitled
'LAYOUT AND DESIGN OF PARKING AREAS' of this Code.
.012 Hotel/Motel Passenger Drop-off Areas. All
hotels, motels and vacation ownership resorts shall
have a passenger drop-off area located on-site.
Hotel/motel passenger drop-off areas (which may
include a covered area or porte-cochere) shall be
for the purpose of dropping off and picking up
passengers and luggage, accommodating valet parking,
pedestrian access and safety, and fire access while
providing free flow of vehicles. Such areas shall
not encroach into the required front yard setback,
except as provided in Section 18.48.084 entitled
'PERMITTED ENCROACHMENTS INTO REQUIRED YARDS AND
SETBACK AREAS' of this Chapter, and shall be
designed in proportion to the facilities to be
served in compliance with the C-R Design Guidelines
and in compliance with Engineering Standard Detail
No. 608 entitled 'Hotel/Motel Passenger Drop -Off
Areas.'
.020 Parking Lot Plan Review. Parking lot plans,
including parking structures, shall be subject to
review and approval by the Planning Department and
the City Traffic Engineer and shall, at a minimum,
incorporate all applicable Engineering Standards and
shall contain the following information:
.0201 Dimensions for internal spacing,
circulation and landscaped areas;
.0202 Curbing, stall markings, signing and
other traffic control devices;
.0203 Location and height of lighting fixtures;
.0204 Location, dimensions and accessibility
of trash containers for refuse trucks;
070590 23
.0205 Location of fire hydrants and fire
accessways;
.0206 Location and height of perimeter walls;
.0207 Tour bus and/or shuttle parking and
loading;
.0208 Grade elevations and ramps associated
with driving and parking facilities;
.0209 General location of utility devices and
other related above -ground features (i.e.,
utility poles);
.0210 Exhibit and/or delivery truck
parking/loading areas and bicycle racks.
.021 Paving. All permanent off-street parking
facilities, including access aisles and driveways,
shall be permanently paved (not to include turf
block). Such surfacing, as well as striping,
signing, and directional markings, shall be
maintained in good condition at all times.
.022 TemporaryParking. Temporary parking
facilities shabe paved and screened with
landscaping, and shall be subject to the review and
approval of the City Traffic Engineer. Such
facilities shall be permitted for a period not to
exceed one (1) year.
.023 Parking Markings and Separations. All parking
spaces shall be clearly and permanently outlined on
the surface of the parking facility in accordance
with Engineering Standard Detail No. 601 entitled
'Minimum Off -Street Parking Dimensions,' Engineering
Standard Detail No. 602 entitled 'Minimum
Off -Street Parking Dimensions,' and Engineering
Standard Detail No. 604 entitled 'Parking Structure
Design.' 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 in
compliance with the C-R Design Guidelines.
.024 Driveway Abandonment. When use of a driveway
to a pu lic street is a aannUoned or otherwise
discontinued, the owner, upon receipt of notice from
the Engineering Department, shall remove all
driveway pavement, curb and gutter; and shall
replace the curb, gutter and sidewalk, and landscape
the area to match the adjacent landscaped areas.
070590 24
.030 Required Improvement of Parking Areas. All
parking areas shall be improved in compliance with
Section 18.06.030 entitled 'REQUIRED IMPROVEMENT OF
PARKING AREAS' of this Code; provided further that
all portions of vehicular parking lots not used for
parking stalls or circulation shall be planted,
irrigated and maintained in compliance with the C-R
Design Guidelines and as follows:
.0301 Surface parking lots shall be landscaped
and maintained with a minimum of one (1)
twenty-four (24) inch box tree per each five
(S) parking spaces, which trees shall be
equally spaced. Tree wells shall be designed
with decorative paving and/or landscaped with
shrubs and/or ground cover.
.0302 Parking structures shall have a
landscaped area with a minimum width of ten
(10) feet provided along the peripheral edges
of the parking structure. Such areas shall be
landscaped and maintained with a combination of
shrubs, ground cover and trees. Adjacent to
any parking structure, trees shall be provided
and maintained consisting of at least
one (1) twenty-four (24) inch box tree per each
ten (10) linear feet of parking structure.
Such trees may be either grouped or equally
spaced.
.040 Landscape Requirements. Trees and shrubs
shall conform with the plant palette provided within
the C-R Design Guidelines.
.050 Parking Space and Access Design. Layout and
design of parking areas and vehicle accessways shall
comply with the requirements of Section 18.06.040
entitled 'PARKING SPACE AND ACCESS DESIGN' of this
Code and Engineering Standard Detail No. 602,
entitled 'Minimum Off -Street Parking Dimensions for
Non -Residential Uses,' and Engineering Standard
Detail No. 604 entitled 'Parking Dimensions for
Structures,' except as follows:
.051 Maximum Curb Openings er Street Frontage. A
maximum of twenty five percent 2S% 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 (2S) feet, in
070590 2S
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which case there shall be a minimum of one
(1) twenty-five (25) foot wide curb opening. The
maximum number of curb openings per street frontage
shall be:
Parcel
Street Frontage Curb Openings
300' or less 1
Over 300' 2
One additional curb opening may be allowed if it is
used as legal access to one or more adjacent parcels.
.052 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.
.053 Driveway Width Dimensions. Driveways shall be
a minimum of twenty-five 25 feet wide, and a
maximum of thirty-five (35) feet wide, in accordance
with Engineering Standard Detail No. 137 entitled
'Commercial Drive Approach.'
.054 Curb Return. The curb cut shall have a
minimum fifteen 15) foot radius curb return and
sight distance clearance in accordance with
Engineering Standard Detail No. 137 entitled
'Commercial Drive Approach.'
.055 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 Engineering Standard
Detail No. 607 entitled 'Driveway Location Planning.'
.060 Minimum Parking Requirements. The minimum
number, type and design of off-street parking spaces
shall comply with the requirements of
Section 18.06.050 entitled 'MINIMUM NUMBER, TYPE AND
DESIGN OF OFF-STREET PARKING SPACES AND AREAS' of
this Code.
070590 26
.070 Truck Loading. Truck loading facilities shall
comply with the requirements of Section 18.06.060
entitled 'TRUCK LOADING REQUIREMENTS' of this Code
and Engineering Standard Detail No. 605 entitled
'TRUCK DOCK STANDARD.' A minimum of one (1) truck
dock or truck loading area shall be provided for
each hotel or motel.
.080 Bus Parking Areas. Hotels/motels shall
provide space for bus parking subject to the
approval of the City Traffic Engineer and Planning
Department in accordance with Engineering Standard
Detail No. 142 entitled 'Bus Bay.'
18.48.086 REQUIRED SITE SCREENING.
.010 Landscape Buffer. Except as otherwise
provided herein, a landscape buffer shall be
provided along and immediately adjacent to the site
property line of any commercial development abutting
any freeway or residential zone boundary. The
buffer shall be landscaped, irrigated and maintained
in compliance with the C-R Design Guidelines.
.011 Screening Abutting Residential Property.
Where the property abuts a residential zone, this
buffer shall consist of a minimum six (6) foot high
concrete block 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 as measured from
the highest finished grade level of the subject or
adjacent properties, whichever is the higher.
.012 Screening Abutting Freeway. Where the
property abuts a freeway, 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 C-R
Design Guidelines.
.020 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 public streets.
070590 27
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.030 Screening at Public Streets. Where parking is
visible from a public street, the parking shall be
screened with a landscaped area as identified in
Section 18.48.086.010 entitled '(REQUIRED SITE
SCREENING) LANDSCAPE BUFFER' of this Chapter. Said
landscaped area shall consist of thirty-six (36)
inch high screen -type shrubs or bushes, and/or
berming, and shall conform to Engineering Standard
Detail No. 137 entitled 'Commercial Drive Approach.'
.040 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 C-R Design Guidelines and in accordance with
Planning Standard Number 01. 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 C-R
Design Guidelines. Where a slope exists, any
required wall shall be erected at the property line
with the slope itself, permanently planted,
irrigated, and maintained.
.050 Exceptions.
.0501 Within any required street setback area,
excluding the first ten (10) feet where no wall
shall be permitted, the height of any required
wall and berm shall be reduced to not more than
thirty-six (36) inches. Such walls shall be
decorative and landscaped with clinging vines
in compliance with the C-R Design Guidelines.
.0502 A wall or berm shall not be required
adjacent to any RS -A-43,000 zoned property for
which a Resolution of Intent for
reclassification to a non-residential zone has
been approved.
18.48.087 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. When encroaching into a
070590 28
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required yard or setback, other than adjacent to a public street
where no such device shall be allowed, decorative walls for the
purpose of screening such utility equipment and communication
devices shall not exceed thirty-six (36) inches in height and shall
not be within the front yard setback area.
18.48.088 REFUSE CONTAINER ENCLOSURE REQUIREMENTS.
Refuse container enclosures are required and shall be
screened from public view and shall be designed, constructed, and
maintained in compliance with the C-R Design Guidelines 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.
18.48.089 VACANT LAND.
Vacant land or future landscape areas which will remain
vacant or unlandscaped for a period in excess of one (1) year shall
comply with at least one of the following:
.010 screening of Vacant Land. Screen such areas
from view from pu lic rights-of-way with 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. Said berm or hedge screen shall be adequately
maintained in compliance with the C-R Design
Guidelines.
.020 Landscaping of Vacant Land. Provide temporary
landscaping or groundcover complete with temporary
irrigation, and keep adequately maintained until
such time as a valid grading or building permit has
been issued for construction on the site. 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 any 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.
.030 Agriculture.
for the purpose of
vegetables, fruits,
Retain agricultural
growing field crops,
berries or nursery
070590 29
production
trees,
stock.
i
18.48.090 SIGN REGULATIONS --ADVERTISING AND
IDENTIFICATION.
The purpose of this Section is to recognize the function of
signs in the Commercial Recreation Zone, to provide for their
inclusion under this Section of the Anaheim Municipal Code, and to
regulate and control all matters relating to such signs except the
construction thereof.
.010 Definitions Pertaining to Signs. For the
purpose of this Chapter, the following
abbreviations, terms, phrases and words shall be
construed as specified below:
.011 Animated Sign. Any sign that uses movement or
change of lighting to depict or simulate movement,
action or to otherwise create a special effect or
scene.
.012 Area of Sign. The area of a sign shall include
the entire area within any type of perimeter or
border which may enclose the outer limits of any
writing, representation, emblem, logo, figure or
character. The area of the sign having no such
perimeter or border shall be computed by enclosing
the entire area constituting the advertising message
within a parallelogram or triangle, in compliance
with the C-R Design Guidelines.
.013 Balloon. Any air-filled or gas-filled balloon
attached to a string, rope or similar ligature, and
tethered to a fixed place or object, including a
motor vehicle.
.014 Banner. Any sign made of fabric, cloth, paper
or other material that is fastened to a pole or
building at one or more points. National flags,
state or municipal flags, or the official flags of
any institution or business shall not be considered
banners. Pennants as defined herein shall be
considered banners for purposes of this Chapter.
.015 Beacon. Any light with one or more beams
directe into the atmosphere or directed at one or
more points not on the same parcel as the light
source; also, any light with one or more beams that
rotate or move.
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.016 Billboard or Off -Premise Sign. A sign of any
kind or character upon which any poster, bill,
printing, writing, painting, graphic or other
display of any kind or nature whatsoever may be
placed for advertising purposes and which structure
is erected, maintained or used for the purpose of
advertisement of goods produced, sold or available
for sale, or services available or rendered, at
locations other than the premises upon which the
structure is located. The term 'billboard' or
'off -premise sign' shall not include:
.0161 Official notices issued by any court
or public body or officer;
.0162 Notices posted by any public officer
in performance of a public duty or by any
person in giving legal notice;
.0163 Directional, warning or information
structures required or authorized by law or
by Federal, State, County or City authority;
.0164 A structure which contains solely the
name of the City and the names of, or any
other information regarding, civic, fraternal
or religious organizations located therein;
.0165 Guide signs, on -premise signs,
business signs, and temporary real estate
signs as defined in Section 18.48.090
entitled 'SIGN REGULATIONS --ADVERTISING AND
IDENTIFICATION' of this Chapter.
.017 Business Sign or On -Premise Sign. Any sign
and sign structure relating to the principal
business or use of the premises upon which the sign
is erected. This shall include a nameplate
designating the name and occupation or profession of
the occupant of the premises; any sign which directs
attention to a business, commodity, service, or
other activity which is sold, offered or conducted
on the premises upon which the sign is located, or
to which it is affixed. This sign type shall also
include any sign with political, social,
informational or otherwise noncommercial messages.
.018 Can -Type Sign. A box -shaped sign which has
copy on the outside of its surface and is internally
illuminated.
070590 31
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.019 Canopy Sign. Any sign that is a part of or
attached to an awning, canopy, or other fabric,
plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A
marquee sign as defined herein is not a canopy sign.
.020 Changeable Copy Sign. A sign or portion
thereoT,including but not limited to electronic
message boards, with characters, letters, or
illustrations that can be changed or rearranged
without altering the face or the display surface of
the sign.
.021 Display Surface. The surface of the sign
structure available for the mounting of material, or
the electronic message board, to carry an
advertising message, trademark, emblem or logo.
.022 Emitting Sign. Any sign that releases smoke,
steam, water, bubbles or other solids, liquids or
gases as a device for advertising.
.023 Electronic Message Board. A changeable copy
sign upon which the copy is displayed or changed by
electronic means.
.024 Flag. Any fabric attached to a flagpole and
complying with Section 18.48.084.080 entitled
'FLAGPOLES' of this Chapter, and containing
distinctive colors, patterns, or symbols, and used
as a symbol of a government or other entity.
.025 Flashing Sign. Any sign designed to operate
under conditions of intermittent illumination which
operates in a manner to create the illusion of being
on and off.
.026 Freestanding Monument Sign. A sign which is
permanently attached to the ground by means of a
permanent solid base and which is independent from
any building or other structure.
.027 Ille al Sign. Any sign or advertising display
constructed or erected without first complying with
all applicable ordinances and regulations in effect
at the time of its construction, erection or use.
.028 Lighter Box Sign. An illuminated sign that
contains words, numbers or symbols, designed to be
an integral part of the architecture of a service
station, and intended to be placed above the fuel
pumps of a service station for purposes of providing
light for the working area and commercial
identification.
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.029 Location. A lot, site, premises, building,
wall or any place whatsoever upon which a sign is
erected, constructed or maintained.
.030 Magnetic Sign. A sign which is magnetically
attached to a surface.
.031 Marquee (Changeable Copy) Sign. A sign which
is characterized by changeable copy whether said
sign is a wall sign or whether said sign projects
from and is supported by a building.
.032 Nameplate. Any lighted or unlighted sign
identifying the occupant of the premises.
.033 Nonconforming Si n. Any sign that complied
with all applicable ordinances and regulations in
effect at the time it was erected, but which does
not conform to one or more of the requirements of
this Chapter.
.034 Off -Site Sign. Any sign not located on the
same parcel to which such sign message pertains.
.035 On -Site Directional Guidance Sign. Any sign
located on-site and not visible from the public
right-of-way, giving direction for on-site
pedestrian or vehicular circulation.
.036 On -Site Directory Sign. Any on-site sign
exhibiting the names and locations of on-site uses
and/or facilities, and intended to facilitate the
movement of patrons or visitors throughout the site.
.037 On -Site Sign. Any sign located on the same
parcel to which such sign message pertains.
.038 Outdoor Advertising. Advertising on any
board, fence, sign device, structure or building, or
the placing thereon of any poster, bill, printing,
painting, device or any advertising matter of any
kind whatsoever; and the pasting, posting, printing,
painting, nailing or tacking or otherwise fastening
of any handbill, card, banner, sign, poster,
advertisement or notice of any kind upon any
property or place. Said term shall not include any
signs or notices posted or displayed by any public
officer in the performance of a public duty or a
private person in giving a legal notice.
.039 Parapet. A vertical wall extending from and
above t actual roof line and intended to visually
heighten the building.
070590 33
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.040 Parcel or Lot. Any real property under
separate ownership from any other adjoining parcel
or lot which has street or highway frontage.
.041 Pennant. Any plastic, fabric, or other
material her or not containing a message of any
kind, suspended from a rope, wire, string, or other
similar device usually in series, designed to move
in the wind.
.042 Pole Sign. A sign which is affixed to one or
more poles attached to the ground and which is
constructed in a manner which does not fully
obstruct the view of the area between the sign and
the ground.
.043 Portable Sign. Any sign not permanently
attached to the ground or other permanent structure,
or a sign designed to be transported, including, but
not limited to, signs designed to be transported by
means of wheels; signs converted to A -frames or
T -frames; menu and sandwich board signs; balloons
used as signs; umbrellas used for advertising; and
signs attached to or painted upon vehicles parked
and visible from the public right-of-way, unless
said vehicle is used in the normal day-to-day
transportation operations of the business.
.044 Projectins Sign. A wall sign which projects
from t e face of a building.
.045 Pump Top Sign. Any sign atop a fuel
dispensing pump, either affixed to or placed upon
such pump. A lighter box sign is not a pump top
sign.
.046 Real Estate Sign. Any sign and sign structure
of a temporary nature relating to the sale, lease or
other disposition of real property.
.047 Roof Sign. A sign erected, constructed or
maintained upon the roof of any building.
.048 Rotating or Revolving Sign. Any sign all or a
portion of which moves, revolves or rotates in some
manner.
.049 Sign. Any device, fixture, placard, or
structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of
a person or entity, or to communicate information of
any kind to the public.
070590 34
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.050 Structure. The supports, uprights, bracing,
guy rods, cables and framework of a sign or outdoor
advertising display.
.051 Temporary Sign. Any sign that is used only
temporarily and is not permanently mounted or
affixed to the ground or any structure.
.052 Wall Sign. A sign which is affixed to an
exterior wall of any building or which is affixed to
any structure attached to the wall of any building.
.053 Window Identification Sign. Any sign bearing
only t e name and/or logo and/or address of the
business occupying the premises; and consisting of
letters and/or numbers permanently affixed to the
window, and made of gold leaf, paint, stencil or
other such material.
.054 Window Sign. Any sign, picture, symbol, or
combination thereof, designed to communicate
information about an activity, business, commodity,
event, sale, or service, that is placed inside a
window or upon the window panes or glass of a
building and which is visible from the exterior side
of the window, excluding any window identification
sign.
.060 Administrative Provisions - Sign Regulations.
The location, size, type, construction and all other
matters relating to signs in the Commercial
Recreation Zone 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 this Code. In the
event of any conflict between the provisions of this
Chapter and any other provisions of this Code so
referenced herein, the provisions of this Chapter
shall govern and prevail.
All signs and all applications therefor shall be
exclusively administered by the Planning Director or
his/her designee, except those signs which may be
sought in conjunction with a conditional use permit
or a zone variance.
.070 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 the Commercial
Recreation Zone shall be contained within this
Chapter; provided, however, the provisions of
Chapters 4.02 entitled 'SPECIAL EVENTS,' 4.04
entitled 'OUTDOOR ADVERTISING SIGNS AND
070590 35
STRUCTURES --GENERAL,' 4.08 entitled 'OUTDOOR
ADVERTISING SIGNS AND STRUCTURES --NEAR FREEWAYS' and
4.09 entitled 'ADVERTISING OF MOTEL AND HOTEL RENTAL
RATES' of this Code shall apply to signs and
advertising structures in this zone to the extent
such provisions are not inconsistent with this
Chapter.
.080 Variances From Sign Requirements. No person
shall install or maintain any sign in the Commercial
Recreation Zone 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
Chapter 18.03 entitled 'ZONING
PROCEDURES --AMENDMENTS, CONDITIONAL USE PERMITS AND
VARIANCES' of this Code.
.090 Signs Approved in Conjunction with Conditional
Use Permits. Approval of any con itional use permit
shall be deemed to constitute approval of any
on -premises signs which are otherwise permitted in
the Commercial Recreation Zone unless, as part of
the action approving the use, more restrictive sign
requirements are imposed.
.100 Legal Nonconforming Signs - General. Any sign
or other advertising structure of w atever type or
nature, other than an illegal sign, which violates
or otherwise does not comply with the applicable
requirements of this Code shall be subject to
compliance with the regulations prescribed herein in
the time and manner hereinafter set forth.
.101 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
(i) within fifteen (15) years from and after the
date said sign first becomes nonconforming to the
provisions of this Chapter, or (ii) 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 year's advance written
notice from the Planning Director of the City of
Anaheim requiring the removal or alteration of
sign. Notwithstanding the foregoing:
070590 36
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.1011 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 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.
.1012 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 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.
.1013 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.
.1014 Any advertising display whose owner
seeks approval of the relocation thereof and
relocates the advertising display shall
relocate such sign within six (6) months of
the approval of such relocation.
.1015 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.
080890 37
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.1016 Any temporary advertising display
erected pursuant to a special events permit
issued by the City shall be removed as
specified under Chapter 4.02 entitled
'SPECIAL EVENTS' of this Code or within such
other time as expressly authorized by the
City.
.1017 Any advertising display which is an
immediate danger to the 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.
.1018 Any advertising display which in the
opinion of the City Traffic Engineer
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.
.1019 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.
.102 Illegal Signs. Illegal signs as defined in
Section 18.48.090.027 entitled 'ILLEGAL SIGN' of
this Chapter 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.
.110 Regulation of S ecial 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.
070590 38
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.120 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 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.
.125 Signs in the Public Rifts -of -Way. Except as
otherwise expressly permitted in this Chapter, signs
shall be prohibited in any public rights-of-way as
provided in Section 4.04.130 entitled 'PROHIBITION
OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of this Code.
.130 Political Campaign Signs. Notwithstanding any
other provision of this chapter, political campaign
signs shall be permitted on private property in the
Commercial Recreation Zone provided:
.131 Sight Distance. Such signs shall comply with
the minimum sight distance requirements set forth in
Section 18.05.093.025 entitled 'MINIMUM SIGHT
DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS' of
this Code; and
.132 Code Compliance. Such signs shall comply with
the provisions of Section 4.04.130 entitled
'PROHIBITION OF SIGNS IN PUBLIC -RIGHT-OF-WAY' of
this Code; and
.133 Title 15 Compliance. Any structure to which a
political sign is attached shall comply with all
applicable provisions of Title 15 "Buildings 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 120 days of its erection
or placement, or within thirty (30) days after the
election to which the sign relates, whichever occurs
first.
18.48.091 LIGHTED SIGNS --GENERAL.
No artificial light of whatever type or nature used in
conjunction with, or for the purpose of, lighting any sign shall be
so erected or constructed or placed, nor shall any substance or
material capable of reflecting light be so placed, as to result in
directing such artificial light into any structure used exclusively
for residential purposes. For the purpose of this provision,
structures devoted to hotel and motel use are not to be construed as
structures used exclusively for residential purposes.
070590 39
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.010 Indirect Lighting. No sign lighted by any
type of indirect lighting shall have any such
lighting which exceeds eight hundred (800) milliamps
rated capacity nor shall any sign lighted by neon or
similar materials have any such neon or similar
material which exceeds three hundred (300) milliamps
rated capacity.
.020 Intensity of Illumination. The approval of
any iff—uminated sign shall not be final until thirty
(30) days after installation, during which period
the Planning Director or his/her designee may order
the dimming of any illumination found to be
excessively brilliant and no sign permit shall be
valid until such order has been carried out to an
extent satisfactory to the Planning Director or
his/her designee. For purposes of this Section,
illumination shall be considered excessively
brilliant when it prevents normal perception of
objects or buildings beyond or in the vicinity of
the sign, or when it shines directly onto any
residential zone or residentially zoned property.
.030 Lighter Box Sign. A lighter box sign: (i)
shall»�eitier single -faced or double-faced, (ii)
shall only be internally lighted, (iii) advertising
thereon shall be limited to the company name or logo
only, and (iv) said name or logo shall not exceed
twenty (20) percent of the total area of each face
of said sign.
18.48.092 REAL ESTATE SIGNS --GENERAL.
Notwithstanding any other provisions of this Chapter,
temporary real estate signs advertising property for sale, lease,
rental or for inspection by the public shall be permitted subject to
the following limitations:
.010 On -Site Real Estate Signs. A maximum of one
(1) unlighted, single -faced or double-faced,
freestanding sign advertising property for sale,
lease, rental or other disposition of the property
on which such sign is located shall be permitted on
parcels of less than one-half (1/2) acre in area.
On larger parcels, one such sign per each street or
highway frontage of said parcel shall be permitted
as provided herein. Any such sign(s) may also
include the name, address and phone number of the
person, firm, entity or agent offering said premises
for sale, lease, rental or other disposition.
070590 40
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.020 Parcels Less Than Twenty -Two Thousand (22,000)
Square Feet in Area. The maximum area of each sign
shall not exceed ten (10) square feet, and the
height thereof as installed shall not exceed four
(4) feet.
.030 Parcels of Between Twenty -Two Thousand
(22 00-07 and Forty -Three Thousand (43.000Y S
Feet in Area. The maximum
not excee twenty-four (24)
height thereof as installed
(4) feet.
area of eacn sign
square feet, and
shall not exceed
uare
sal
the
four
.040 Parcels Forty -Three Thousand (43,000) or More
Square Feet in Area. The maximum area of each sign
shall not exceed forty (40) square feet and the
height thereof as installed shall not exceed four
(4) feet.
18.48.093 FUTURE ESTABLISHMENT SIGNS.
The future establishment of a business or other activity on
a parcel or lot may be advertised by means of on-site signage,
subject to compliance with the following provisions:
.010 Ownership of Property. The subject property
upon which the sign is located must be owned in fee
interest, or must be under lease for a minimum ten
(10) year period (from the date of issuance of the
sign permit), by, or for the purpose of, the future
business or establishment referred to upon the copy
of said sign.
.020 Maximum Area Per Sign. Sixty (60) square feet.
.030 Maximum Height. Four (4) feet, with a two
(2) foot berm, - -or a maximum total height of six
(6) feet.
.040 Maximum Number Permitted. One (1) per each
street or highway frontage.
.050 Location. All future establishment signs
shall be located in the middle thirty (30) percent
of the street frontage except for corner lot
locations where said sign shall be set back in
compliance with Planning Standard Number 02.
.060 Time Limit. One (1) year from date of
construction or erection, unless prior to
expiration, approved by the Planning Director or
his/her designee for an additional period not to
exceed one (1) year.
070590 41
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.070 Names and Dates Required on Signs. The name
of the sign owner, property owner or sign builder,
as well as the date the sign is erected, shall be
securely placed on each sign.
.080 Sign Permit Fees and Deposits. For each and
every on-site future establishment sign, there shall
be paid to the Building Division of the Planning
Department, a sign permit fee and cash deposit to
guarantee removal of each sign. The amount of said
fees and deposits shall be as specified by City
Council Resolution. Further, all such signs shall
be subject to the following conditions:
.081 Return of Deposit. If said sign is removed
within fourteen 14 days following the expiration
date, the removal deposit shall be refunded to the
depositor in full.
.082 Failure to Remove. If said sign is not
removed prior to or upon the permit expiration date,
the City or its agents may enter upon subject
property and remove the sign, the cost of the
removal to be deducted from the removal deposit, and
the remainder of the removal deposit, if any, to be
returned to the depositor. The person, firm or
entity whose name appears on the sign (collectively
'Person') shall be notified of the City's intent to
remove the sign not less than fourteen (14) days
prior to removal by the City. Following removal by
the City, said person shall be notified of the
removal and said sign shall be retained for a
minimum of ten (10) days following the date of such
notice after which said sign may be disposed of by
the City.
.083 Authority. Before a permit for such a sign is
issued, the owners of record of the premises and the
person proposing to erect the sign must furnish the
Building Division written authority granting the
City of Anaheim or any of its agents or employees
irrevocable permission to enter upon the premises
and irrevocably appointing the Chief Building
Official as the agent of the owners with permission
and authority to remove such sign pursuant to the
provisions of this Section.
070590 42
18.48.094 TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED
BALLOONS.
.010 General Provision. Temporary display of
signs, flags, banners and fixed balloons for
advertising purposes shall be permitted subject to
Chapter 4.02 entitled 'SPECIAL EVENTS' and
Section 18.05.074 entitled 'FLAGS, BANNERS AND FIXED
BALLOONS' of this Code, and further subject to the
provisions herein specified; provided, however, that
nothing herein contained shall be deemed to prohibit
the display of traditional holiday decorations, so
long as said decorations meet existing fire codes in
the City, for the period from Thanksgiving to
January lst, inclusive; and provided, however, that
whenever flags, banners and fixed balloons are
permitted, said flags, banners and fixed balloons
shall be displayed only after a permit has been
issued by the Zoning Division of the Planning
Department subject to all of the limitations
contained in this Section.
.020 Length of Permit. No permit shall be issued
for a period in excess of fourteen (14) consecutive
days.
.030 Number of Permits. No business shall be
issued a permit more t an twice each calendar year;
provided, further, that nothing contained in this
Section shall be construed to prohibit the display
of the flag of the United States, State of
California or City of Anaheim; provided, however,
that no more than three (3) such flags on one
(1) flag pole shall be displayed at the same time at
any single location.
.040 Permit Fee. For each and every permit issued
pursuant to t is Section, there shall be paid to the
Zoning Division of the Planning Department a permit
fee of such amount as established by Resolution of
the City Council.
.050 City Council Review. The City Council of the
City of Anaheim shall have the power to review any
action taken by the Planning Department in denying
any application for a permit and shall have the
power to revoke a permit granted by the Planning
Department if the City Council finds and determines
such action on its part is in the public interest,
safety or general welfare.
070590 43
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The City Council shall also have the power to modify
or waive any regulation as specified in this Section
with regard to any specific application if it finds
and determines such modification or waiver would be
in the public interest, safety or general welfare,
or that extraordinary circumstances are present.
When the City Council has acted upon any application
for a flag, banner and fixed balloon permit, all of
the regulations set forth in this Section shall
apply unless some regulation set forth herein is
expressly waived or modified and, in such event, the
regulations shall apply as specified by the City
Council in its action.
The City Council shall also have the exclusive power
to grant a renewal or extension of a permit beyond
the original fourteen (14) day period or to permit
more than two (2) such permits each calendar year
upon a finding that the same is in the public
interest, safety or general welfare or that
extraordinary circumstances are present.
Any action of the City Council shall be taken in a
public meeting, but no notice or public hearing
shall be necessary before such action.
18.48.095 BUSINESS AND IDENTIFICATION SIGNS.
Business and identification signs shall comply
with the C-R Design Guidelines and shall comply with the
following:
.010 Permitted Signs. The following sign types are
allowed in the Commercial Recreation Zone subject to
the requirements of this Chapter.
.011 Freestanding Monument Signs. Such signs shall
be limited to the name of the development and/or a
maximum of three (3) business tenant names or logos
only, and shall incorporate a landscape border at
the base containing live landscape materials, which
shall be planted, irrigated and permanently
maintained in compliance with the C-R Design
Guidelines.
.012 On -Site Directional Guidance and On -Site
Directory Signs. Such signs for multi -tenant
projects shall i) not be visible from public
rights-of-way, (ii) be located outside any required
setback area, (iii) have maximum dimensions of two
(2) feet in height, two (2) feet in depth and two
(2) feet in width, and (iv) be designed to direct
070590 44
a
pedestrians and/or vehicular traffic while said
traffic is on the parcel on which said signage is
located. Said signs shall be designed as a
coordinated architectural system for said project.
.013 Wall Signs. Such signs, other than projecting
signs, shall not encroach into any public
right-of-way.
.0131 Said signs shall have only one (1)
display surface; and
.0132 Said signs shall be placed parallel to
and in front of any exterior wall of the
building.
.014 Canopy Signs. Such signs shall be permitted
on awning valances, provided awnings shall not be
permitted to project over or into a public right-of-
way and the awnings must be made an integral part of
the building design. Canopy signs on awning
valances are considered wall signs and are subject
to the provisions of wall signs as provided in
Section 18.48.095.040 entitled 'PERMITTED SIGN
STANDARDS MATRIX --GENERAL SIGN TYPES' of this
Chapter.
.020 Conditionally Permitted Signs. The following
signs shall be permitted subject to the approval of
a conditional use permit therefor pursuant to and in
accordance with the applicable provisions of Chapter
18.03 entitled 'ZONING PROCEDURES --AMENDMENTS,
CONDITIONAL USE PERMITS AND VARIANCES' of this Code;
this Section is not intended to conditionally allow
signs prohibited by this Chapter or to change the
standards contained herein, but is intended to
provide a mechanism to address special circumstances:
.0201 Changeable copy signs (including
electronic message boards) for a theater,
entertainment facility, convention center,
amusement park, or for hotel complexes and
recreational vehicle or campsite parks on sites
over four (4) acres in area only.
.0202 On-site directional guidance and on-site
directory signs visible from public
rights-of-way.
.0203 Signs neither otherwise expressly
permitted nor otherwise expressly prohibited in
the Commercial Recreation Zone.
070590 45
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.0204 Signs for any use, building or structure
requiring a conditional use permit wherein the
proposed overall signage program for said use,
building or structure is not otherwise in
conformance with the requirements of this zone.
.0205 Projecting signs as specified in Section
18.48.090.044 entitled 'PROJECTING SIGN' of
this Chapter.
.030 Prohibited Signs. The following types of
signs shall be prohibited in the Commercial
Recreation Zone:
.0301 A -frame or 'sandwich board' signs.
.0302 Animated signs
.0303 Beacon lights or beacon signs.
.0304 Billboards.
.0305 Can -type signs which incorporate
translucent copy and translucent background,
provided, however, that can -type signs with
opaque background, allowing only the copy to be
illuminated, shall be permitted.
.0306 Changeable copy signs, as defined
(except as permitted under a conditional use
permit for theaters, entertainment facilities,
convention centers, amusement parks or for
hotel complexes and recreational vehicle or
campsite parks on sites over four (4) acres in
area) only.
.0307 Electronic message boards, as defined
(except as permitted under a conditional use
permit for theaters, entertainment facilities,
conventions, amusement parks or for hotel
complexes and recreational vehicle or campsite
parks on sites over four (4) acres in area)
only.
.0308 Emitting signs.
.0309 Flashing or traveling light signs.
.0310 Magnetic signs.
.0311 Off -premise signs.
070590 46
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.0312 Paper, cloth and plastic streamer signs,
and flags, banners and fixed balloons except as
otherwise permitted pursuant to Chapter 4.02
entitled 'SPECIAL EVENTS,' and Sections
18.05.074 entitled 'FLAGS, BANNERS AND FIXED
BALLOONS' and 18.48.094 entitled 'TEMPORARY
SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS' of
this Code.
.0313 Painted signs on exterior walls.
.0314 Parapet signs except as otherwise
permitted for automative service stations
pursuant to Section 18.48.098.020 entitled
'PARAPET WALL SIGNS' of this Chapter.
.0315 Pennants except as otherwise permitted
pursuant to Chapter 4.02 entitled 'SPECIAL
EVENTS' and Sections 18.05.074 entitled 'FLAGS,
BANNERS AND FIXED BALLOONS' and 18.48.094
entitled 'TEMPORARY SIGNS, FLAGS, BANNERS, AND
FIXED BALLOONS' of this Code.
.0316 Permanent 'come-on' signs (e.g. 'Sale
Today', 'Stop', 'Look', etc.).
.0317 Pole signs.
.0318 Portable signs.
.0319 Product advertising signs (e.g., soft
drinks, cigarettes, etc.).
.0320 Roof signs.
.0321 Rotating or revolving signs.
.0322 Signs projecting over or into the public
right-of-way except as otherwise expressly
permitted herein.
.0323 Statues utilized for advertising
purposes.
.0324 Temporary signs except as otherwise
expressly permitted herein.
.0325 Replicas of official traffic control
signs or signs so similar as to be confusing or
hazardous to traffic.
.0326 Vehicle entrance or exit signs which
incorporate business names(s) or other
advertising.
070590 47
.0327 Vehicle signs (signs mounted or
displayed on a vehicle for advertising
purposes) or the parking of advertising
vehicles on public or private property.
.0328 Wall signs located below the third floor
level of a building and which signs are
adjacent to and visible from residential
properties.
.0329 Window signs, including signs painted on
display windows with day-glo or temporary paint
(other than permitted window identification
signs as defined in Section 18.48.090.053
entitled 'WINDOW IDENTIFICATION SIGN' of this
Chapter).
.040 Permitted Sign Standards Matrix - General Sign
Types. In addition to all other requirements
contained in this Chapter, permitted signs shall
comply with the provisions of that certain matrix
entitled 118.48.095.040 Permitted Sign Standards
Matrix (General Sign Types)' as hereinafter set
forth in this Code and the provisions of which are
incorporated herein by this reference.
18.48.096 HOTEL/MOTEL SIGN STANDARDS.
The following standards shall apply to all hotels/motels
located within the Commercial Recreation Zone:
.010 Hotel/Motel Sign Standards Matrix. Hotel or
motel name signs shall comply with the provisions of
that certain Matrix entitled 118.48.096.010
"Hotel/Motel Sign Standards Matrix' as hereinafter
set forth in this Code and the provisions of which
are incorporated herein by this reference.
.020 Signs which display identification and program
information using changeable copy for hotel
complexes over four (4) acres in area only shall be
conditionally permitted subject to Section
18.48.095.020 entitled 'CONDITIONALLY PERMITTED
SIGNS' of this Chapter. Freestanding monument
and/or wall signs shall be subject to Section
18.48.096.010 entitled 'HOTEL/MOTEL SIGN STANDARDS
MATRIX' of this Chapter. These signs shall consist
of a permanent, non -changeable copy displaying the
name and/or logo of the hotel. In addition, the
following provisions shall apply to such signs:
070590 48
.0201 Electronic Message Boards. Such signs
shall be defined as changeable copy signs, and
shall be conditionally permitted subject to
Section 18.48.096.010 entitled 'HOTEL/MOTEL
SIGN STANDARDS MATRIX' of this Chapter.
Electronic message boards may be used to
display information; however, message boards
that use light bulbs as the image of the
message shall be prohibited. Messages are to
be displayed in a stationary manner.
Animation, flashing or movement of the messages
shall be prohibited.
.0202 General Provisions. Freestanding
monument signs and wall signs shall be
permitted subject to the standards set forth in
Section 18.48.096.010 entitled 'HOTEL/MOTEL
SIGN STANDARDS MATRIX' of this Chapter and in
compliance with the C-R Design Guidelines
unless a conditional use permit is otherwise
required for said sign by the provisions of
this Chapter.
.0203 Illumination. These signs may be
illuminated internally; however, they shall
have an opague background, with only the copy
portion being illuminated.
18.48.097 THEATERS AND ENTERTAINMENT FACILITIES.
Signs which display identification and program
information using changeable copy for theaters, entertainment,
convention and/or amusement facilities only shall be conditionally
permitted subject to Section 18.48.095.020 entitled 'CONDITIONALLY
PERMITTED SIGNS' of this Chapter. Theater freestanding monument
and/or wall signs shall be subject to Section 18.48.095.040
entitled 'PERMITTED SIGN STANDARDS MATRIX --GENERAL SIGN TYPES' of
this Chapter. These signs shall consist of a permanent,
non -changeable copy displaying the name of the theater or
auditorium and may include changeable copy accommodating program
information. In addition, the following provisions shall apply to
such signs:
.010 Electronic Message Boards. Such signs shall
be defined as changeable copy signs, and shall be
conditionally permitted subject to Section
18.48.095.020 entitled 'CONDITIONALLY PERMITTED
SIGNS' of this Chapter. Electronic message boards
may be used to display information; however,message
boards that use light bulbs as the image of the
message shall be prohibited. Messages are to be
displayed in a stationary manner. Animation,
flashing or movement of the messages shall be
prohibited.
070590 49
i
.020 General Provisions. Freestanding monument
signs and wall signs shall be permitted subject to
the standards set forth in Section 18.48.095.040
entitled 'PERMITTED SIGN STANDARDS MATRIX --GENERAL
SIGN TYPES' of this Chapter and in compliance with
the C-R Design Guidelines unless a conditional use
permit is otherwise required for said sign by the
provisions of this Chapter.
.030 Illumination. These signs may be illuminated
internally, owever, they shall have an opaque
background, with only the copy portion being
illuminated.
18.48.098 AUTOMOTIVE SERVICE STATION SIGNS.
The following provisions shall apply to all automotive
service stations located in the Commercial Recreation Zone.
.010 Freestanding Monument Sign. Information on
this sign shall include only the company logo, name,
special services (such as car wash) and pricing
information. In addition, the following provisions
shall apply to such signs:
.0101 There shall be a maximum of one
double-faced freestanding monument sign per
street frontage. The sign must be located at
least seventy five (75) feet from any
intersection. If located upon a corner lot,
said sign shall comply with the provisions of
Planning Standard Number 02 entitled 'Setback
Standard for Corner Freestanding Monument
Signs.' If said sign is not located upon a
corner lot, said sign shall be located in the
middle thirty (30) percent of the street
frontage of said lot.
.0102 The height of said sign shall not exceed
four (4) feet, the width shall not exceed ten
(10) feet and the total sign display area shall
not exceed forty (40) square feet. Additionally
a maximum two (2) foot berm shall be permitted
for a maximum total height of six (6) feet
above the finished grade of the lot.
.0103 Letter height shall be a maximum of
twelve (12) inches. Logo height shall be a
maximum of fourteen (14) inches.
080890 50
I
.0104 Pricing signs shall conform to the
provisions of Division 5, Chapter 14,
Article 12, Code Sections 13530-13540, of the
Business and Professions Code of the State of
California, or any successor provisions
thereto. The height of any pricing numbers
shall be a minimum of six (6) inches and a
maximum of twelve (12) inches. All copy shall
be contained in the upper three (3) foot
portion of the sign.
.0105 Said signs shall be illuminated
internally; however, the permanent background
portion shall be opaque, with only the message
portion being illuminated.
.0106 These signs shall be constructed of
materials in compliance with the C-R Design
Guidelines.
.020 Parapet Wall Signs. In addition to
freestanding monument signs, the company symbol and
name may be applied to the building parapet or
fascia. The following additional provisions shall
apply to said parapet wall signs:
.0201 Said signs shall consist of individually
fabricated letters and/or logo.
.0202 Lighted signs may be internally
illuminated only.
.0203 All signs shall be attached to the
building face without the use of visible
supports or raceways.
.0204 Letter height shall be a maximum of
eighteen (18) inches. Logo height shall be a
maximum of twenty (20) inches.
.0205 Said signs shall be limited to one (1)
exposure for each direction of traffic flow, up
to a maximum of four (4) exposures.
.030 Pump Top Signs. No signs other than
instructional or operational signs (e.g., 'Self
Service,' 'Pay Cashier First') shall be permitted on
the pump top or pump island canopy.
.040 Lighter Box Signs. Lighter box signs, as
identified in Section 18.48.090.028 entitled
'LIGHTER BOX SIGN' of this Chapter, shall be
permitted in service stations; provided that such
signs have dimensions not exceeding two (2) feet in
070590 51
height and the span of the working area or
thirteen (13) feet, whichever is less, and shall be
limited to the company name or logo. Lighter box
signs shall conform to the provisions of
Section 18.48.091.030 entitled 'LIGHTER BOX SIGN' of
this Chapter. Signs complying with this subsection
shall not be considered freestanding monument signs.
18.48.099 DEDICATION AND IMPROVEMENTS.
Dedication of street rights-of-way, public utility
easements and other public works and improvements shall be
required in connection with any work pertaining to the erection,
construction, reconstruction, moving, conversion, alteration or
addition to any building or structure within this zone as
otherwise required pursuant to Section 18.04.080 entitled
'DEDICATIONS AND IMPROVEMENTS --GENERAL' of this Code.
18.48.100 DEVELOPMENT REVIEW AND PERMITS.
Prior to commencing any work pertaining to the erection,
construction, reconstruction, moving, conversion, alteration or
addition to any building or structure within this zone, all
building and site plans shall be subject to review by the Building
Division of the Planning Department of the City and permits shall
be secured from the Chief Building Official of the City of Anaheim
in compliance with all provisions of Section 18.04.090 entitled
'DEVELOPMENT REVIEW AND PERMITS --GENERAL' of this Code; provided
further that where there are existing buildings and structures on
a site for which more intensive development is proposed under the
provisions of this zone, no building permit shall be issued until
the Chief Building Official and the Fire Chief have certified that
the existing buildings and structures are safe for occupancy and
for human habitation.
18.48.101 PENALTIES FOR VIOLATIONS.
Any violation of the provisions of this Chapter shall be
subject to penalties as prescribed in Section 18.04.110 entitled
'PENALTIES FOR VIOLATION OF REGULATIONS --GENERAL' of this Code.
18.48.102 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES.
Boundaries of the zone established by this Chapter and
the classification of property therein may be amended, exceptions
made therefrom, or conditional uses permitted pursuant to and in
accordance with the applicable procedures and required findings
specified in Chapter 18.03 entitled 'ZONING PROCEDURES --
AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' of this Code.
070590 52
a
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of the
provisions of this Chapter shall be deemed a public nuisance and
may be, by this City, summarily abated as such, and each day such
condition continues shall be regarded as a new and separate
offense.
18.48.103 MASTER PLANNED DEVELOPMENTS.
In order to encourage the assemblage of contiguous
parcels of land to facilitate master planning and also to
recognize and accommodate the uniqueness of land uses (i.e.
consolidation of parcels leading to a reuse or intensification of
land use), property located in this zone may be reclassified to
the Specific Plan Zone pursuant to the procedures set forth in
Chapter 18.93 entitled 'SPECIFIC PLANS' of this Code. Any
properties so reclassified shall be subject to the development
standards adopted for said zone pursuant to Section 18.93.080
entitled 'SPECIFIC PLAN --DEVELOPMENT STANDARDS' of this Code. The
Planning Commission and City Council shall consider the goals and
purpose of the Commercial -Recreation Area of the City as set forth
in Section 18.48.010 entitled 'DESCRIPTION AND PURPOSE' of this
Chapter in approving any such development standards.
18.48.104 NONAPPLICABILITY OF CHAPTER TO CITY
ACTIVITIES OR PROPERTY.
Notwithstanding any other provision of this Chapter to
the contrary, no provision of this Chapter shall apply to or be a
limitation upon the City of Anaheim, whether the City acts in a
governmental or proprietary capacity."
SECTION 3.
That Section 18.01.200 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add the terms "suite" and "suite -type hotel," and definitions
therefor, to be inserted in said Section in proper alphabetical
sequence, and to read as follows:
"'Suite.' Guest quarters within a hotel or motel
consisting of more than one (1) room for guest use and
sleeping, accessed by one (1) entrance from a corridor or
exterior of the building. A bathroom shall not be
counted as a room for purposes of this definition. A
suite designed to provide a second entrance, or designed
in such a manner as to be easily remodeled or modified to
accommodate a second entrance, shall be counted as two
(2) units."
"'Suite -type hotel.' A hotel or motel comprised
predominantly or exclusively of suites."
070590 53
i
SECTION 4.
That Section 18.01.140 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add the term "mini -market" and its definition thereto, to be
inserted in said Section in proper alphabetical sequence, and to
read as follows:
"Mini -market." A market, grocery store or
other retail business establishment having an interior building
floor area of less than 15,000 square feet and which sells a
variety of food items and other sundry goods not generally
prepared, manufactured or assembled on the premises."
SECTION S.
That Section 18.01.170 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
amend the definition of the term "Planning Director" as set forth
therein, to read as follows:
"Planning Director." The Planning Director of
the City of Anaheim or his or her duly authorized
designee."
SECTION 6.
That subsections .011, .012 and .013 of Section 18.04.045
of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and
the same are hereby, repealed.
SECTION 7.
EXEMPTIONS.
To the extent any provision(s) of this ordinance would
otherwise apply to the development of property and said
provision(s) ("new regulations") contain restrictions or
limitations on the development of property greater than the
provisions which existed immediately prior to the time this
ordinance became effective ("prior regulations"), said prior
regulations shall continue to apply (and said new regulations
shall not apply) to the construction, development or establishment
of the following projects:
1. Any project (i) not otherwise subject to the
provisions of Ordinance No. 5141 and for which building plans were
initially submitted to the City of Anaheim Building Division for
plan check (the "initial plan check") prior to August 7, 1990, for
purposes of obtaining building permit approval, and (ii) for which
a building permit is (was) subsequently issued pursuant to either
the initial plan check or any subsequent plan check for
substantially similar building plans, and (iii) for which
construction is commenced within one year following the date of
issuance of said building permit; or
070590 S4
2. Any project (i) for which specific plans for
development were finally approved by the Zoning Administrator,
Planning Commission or City Council pursuant to a zone
reclassification, conditional use permit or zone variance
("discretionary approval") prior to August 7, 1990, and (ii) for
which a building permit is issued pursuant to and in accordance
with such discretionary approval and (iii) for which construction
is thereafter commenced and completed pursuant to and in
accordance with said discretionary approval.
SECTION 8. 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 9. 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim thisl4th day of August, 1990.
�f
CYOR OF THE CITY OF AHEIM
ATTEST:
?.'CITY CLERK OF TRZ CITY OF ANAHEIM
JLW:lm
3746L
070590 55
A
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5156 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 17th day of July, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 14th day of August, 1990, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5156 on the 15th day of August, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of August, 1990.
C�-
44415CITY CLERK OF THP6tITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 5156 and was published once in the
Anaheim Bulletin on the 24th day of August, 1990.
�ITY CLERK OF T1W CITY OF ANAHEIM
(SEAL)
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