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Appendices Anaheim Housing Opportunities Sites Rezoning Project Draft Supplemental EIR City of Anaheim Appendix G Draft Code Amendment ---PAGE BREAK--- Appendices July 2013 This page intentionally left blank. ---PAGE BREAK--- 1 Appendix G Zoning Code Amendment No. 2013-00110 Proposed Zoning Code Amendment No. 2013-00110 would revise Chapter 18.32 of Title 18 of the Anaheim Municipal Code (Mixed Use Overlay Zone) as shown in the draft ordinance below. Deletions are shown in strikethrough and additions are shown in underline. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.32 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (MIXED USE OVERLAY ZONE). (ZONING CODE AMENDMENT NO. 2012-00110) (DEV2012-00118) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: 18.32.030 Uses. .010 Primary Uses. Table 32-A (Primary Residential Uses: Mixed Use Overlay Zone) identifies allowable primary uses, listed by classes of uses, as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 32-B (Accessory Uses and Structures: Mixed Use Overlay Zone) identifies allowable accessory uses and structures, listed by classes of uses, as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 32-C (Temporary Uses and Structures: Mixed Use Overlay Zone) identifies allowable temporary uses and structures, listed by classes of uses, as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 Designations. The allowable uses in Table 32-A are established by letter designations as follows: .0401 designates classes of uses permitted by right; ---PAGE BREAK--- 2 .0402 designates classes of uses permitted with a conditional use permit; and .0403 designates classes of uses that are prohibited. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 32-A, 32-B and 32-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Prohibited Uses. Any class of use that is not listed in Tables 32-A, 32-B and 32-C is prohibited, unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use. .070 Ground-Floor Uses. In order to encourage an active street life while accommodating market demand, the ground floor facing the street shall be used for commercial uses, which may include the non-residential portion of live/work units. The requirements of this section may be modified by conditional use permit. .080 Live/Work Units. A commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area such as an office. Live/work units shall not resemble a residence. The number of permitted live/work units shall be specified and determined through the conditional use permit process. .090 Sites Formerly Used for Service Stations. Notwithstanding the provisions of Table 32-A, any use of a building on a site that was formerly used as an automobile service station shall require a conditional use permit. .100 Destroyed Homes. Notwithstanding the provisions of Table 32-A, a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or Act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two years of the date of the event that caused the damage or destruction. .110 Accessory Structures. Accessory structures permitted by Table 32-B, other than parking lots and garages and signs, shall not be located in, or be a part of, a detached structure. .120 Conditional Use Permit Required. All mixed-use projects require the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .130 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 32-A, 32-B and 32-C. Such provisions may include references to other applicable code sections, or limitations to the specified land use. .140 Housing Opportunity Sites. Dwellings-Multiple-Family and Dwellings-Single-Family Attached without a non-residential (commercial) component shall be permitted by right on ---PAGE BREAK--- 3 properties designated as Housing Opportunity Sites in the most current certified General Plan Housing Element. Development shall meet all of the requirements of this Chapter, unless otherwise permitted subject to the approval of a Conditional Use Permit or Variance, and shall comply with all all mitigation measures in Mitigation Monitoring Plan No. 122A. SECTION 2. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C Permitted by right on designated Housing Opportunity Sites subject to subsection 18.32.030.140. 24-hour on-site management is required. Dwellings–Single- Family Attached C Permitted by right on designated Housing Opportunity Sites subject to subsection 18.32.030.140. Senior Citizen Housing C Subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Antennas– Telecommunications C Shall be fully screened by the building to which they are ---PAGE BREAK--- 4 attached; subject to § 18.38.060 Bars & C Business & Financial Services P Computer Internet & Amusement Facilities C Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Educational Institutions–Business C Entertainment Venue C Markets–Large C Subject to § 18.38.155 Markets–Small C Subject to § 18.38.155 Medical & Dental Offices P Offices P Personnel Services– General P Personnel Services– Restricted C Recreation– Commercial Indoor C Recreation–Low- Impact P Allowed only as an accessory use to a primary use Repair Services– Limited P ---PAGE BREAK--- 5 Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks C Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use SECTION 3. That Section 18.32.100 (Parking and Loading) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: 18.32.100 PARKING AND LOADING. .010 Parking Demand Study. The parking standards in Section18.42.030 (Residential Parking Requirements) shall apply to all residential development that is not a part of a mixed use project. Due to variations in parking demand and needs of mixed use projects, vehicle parking requirements and the design of the parking areas, including ingress and egress, shall be determined as part of the conditional use permit process, by the Planning Services Manager of the Planning Department and/or his or her designee, based upon information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, as approved by the Planning Services Manager of the Planning Department and/or his or her designee. The parking demand study shall be prepared at the developer’s expense at the time of application for the use. .020 Parking Area Design. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement markings, and/or physical separation. The parking area design may include the use of alternative parking techniques, such as tandem parking in conjunction with a valet, subject to review and approval by the City Traffic and Transportation Manager and Planning Commission. Separate entrances and exits, or a designated lane, shall be provided for residents so that residents are not waiting in line behind non-residential customers. .030 Parking Structures. Parking structures shall be architecturally integrated with the project design, and shall be screened from view at street level by architectural detailing, facade treatment, artwork, landscaping or similar visual features to enhance the street facade. Screening of floors above street level is required, through the use of vines or architectural screening detail ---PAGE BREAK--- 6 that is compatible with the project. Parking structures should be designed to provide parking for a range of entertainment, retail, office, and residential uses. Parking structures should also be designed to include retail, office and similar uses on the ground floor. .040 Loading Areas. Off-street loading spaces shall be provided as follows: .01 Non-residential uses off-street loading requirements shall comply with the requirements of Section 18.42.100 (Loading Requirements) of Chapter 18.42 (Parking and Loading). .02 Residential Uses. Residential uses shall have one off-street loading space or moving plaza for every one hundred and fifty (150) units. Loading spaces or moving plazas shall be located near entries and/or elevators. Loading spaces or moving plazas shall be incorporated into the design of vehicular access areas. Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. Loading spaces or moving plazas may be located on a local or connector street, with the approval of the City Traffic and Transportation Manager. The adjacent parkway and setback landscape treatment shall be designed to allow for loading and unloading. SECTION 4. That Section 18.32.110 (Signs) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: .010 Coordinated Program. A coordinated sign program for each mixed use project is required to shall be submitted to the Planning Department, per the requirements of for approval for each mixed-use project per subsection 18.44.060.040 (Coordinated Sign Program), prior to the issuance of the first sign permit. A mixed use project may include projecting signs, identifying commercial uses, as part of the coordinated sign program. .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to all non-mixed use projects within the MU Overlay Zone. ---PAGE BREAK--- 7 SECTION 5. That Section 18.32.130 (Compatibility Standards) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: 18.32.130 COMPATIBILITY STANDARDS FOR MIXED USE DEVELOPMENT. .030 Noise Standards. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking portions of the project, to a maximum of forty-five (45) decibels (db) Community Noise Equivalent Level (CNEL) on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling to provide a habitable environment. SECTION 6. That Section 18.32.140 (Design Principles) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: 18.32.140 DESIGN PRINCIPALS STANDARDS. The following design principals standards are to be used as a guide for mixed use development and shall be used as criteria for project approvals. .010 Facades. Street wall facades should shall be architecturally enhanced. This may be accomplished through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and color. Maximum total blank wall area (without windows or entrances) shouldshall not exceed thirty percent (30%) of the first-story wall. .020 Public Amenities. Street wall facades may be divided by public plazas, urban pocket parks, outdoor dining, and other pedestrian-oriented amenities. The use of public art is encouraged. .030 Design Features. Projecting features, such as balconies, porches, bays, and dormer windows, are encouraged to create visual interest and distinction between units. Trim detail on rooflines, porches, windows and doors on street-facing elevations are encouraged. .040 Architectural Theme. Building design shouldshall incorporate an architectural theme that is compatible with nearby uses, provided such uses are similar to uses permitted by this chapter. Architectural details may draw upon locally historic buildings or other nearby features that contribute to the aesthetic ambiance of the immediate area. ---PAGE BREAK--- 8 .050 Siding Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet pressboard, vinyl, and similar siding materials are strongly discouraged. .060 Corner Buildings. Buildings at corners of intersections shouldshall receive special treatment to enhance the pedestrian experience, such as building cut-offs and corner entrances with additional architectural detail. .070 Entrances. All primary ground-floor common entries or individual dwelling unit entries fronting on streets shouldshall be oriented to the street, not to the interior or to a parking lot. .080 Pedestrian Circulation. On-site pedestrian circulation shouldshall be continuous and connect various on-site uses, as well as connect to off-site transit stops and parking. .090 Windows in Residential Units. Residential windows should face away from loading areas, docks and trash storage areas. To the extent windows of residential units face each other, the windows should be offset to maximize privacy. .100 Storage Areas. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas, or located in close proximity to the unit. (Ord. 5920 § 1 (part); June 8, 2004.) SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance, hereby adopted, be declared for any reason to be invalid by the final judgment of any court of competent jurisdiction, it is the intent of the Council that it would have passed and adopted all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 8. 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. ---PAGE BREAK--- 9 SECTION 9. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2013, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM