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Anaheim Overview
Anaheim Municipal Code
Anaheim Municipal Code
PREFACE
CHARTER OF THE CITY OF ANAHEIM
Title 1 ADMINISTRATION
Title 2 TAXES
Title 3 BUSINESS LICENSES*
Title 4 BUSINESS REGULATION
Title 5 BICYCLES
Title 6 PUBLIC HEALTH AND SAFETY
Title 7 MORALS AND CONDUCT
Title 8 ANIMALS
Title 9 RADIO AND ELECTRONICS
Title 10 PUBLIC SERVICE AND UTILITIES
Title 11 PUBLIC PROPERTY
Title 12 STREETS AND SIDEWALKS
Title 13 PARKS AND BOULEVARDS
Title 14 TRAFFIC
Title 15 BUILDINGS AND HOUSING
Title 16 FIRE
Title 17 LAND DEVELOPMENT AND RESOURCES
Title 18 ZONING
Chapter 18.01 INTRODUCTION
Chapter 18.04 SINGLE-FAMILY RESIDENTIAL ZONES
Chapter 18.06 MULTIPLE-FAMILY RESIDENTIAL ZONES
Chapter 18.08 COMMERCIAL ZONES
Chapter 18.10 INDUSTRIAL ZONE
Chapter 18.14 PUBLIC AND SPECIAL-PURPOSE ZONES
Chapter 18.16 REGULATORY PERMITS
Chapter 18.18 SCENIC CORRIDOR (SC) OVERLAY ZONE
Chapter 18.20 PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Chapter 18.22 BROOKHURST COMMERCIAL CORRIDOR (BCC) OVERLAY ZONE
Chapter 18.24 SOUTH ANAHEIM BOULEVARD CORRIDOR (SABC) OVERLAY ZONE
Chapter 18.26 MOBILE HOME PARK (MHP) OVERLAY ZONE
Chapter 18.28 FLOODPLAIN (FP) OVERLAY ZONE
Chapter 18.30 DOWNTOWN MIXED USE (DMU) OVERLAY ZONE
Chapter 18.32 MIXED USE (MU) OVERLAY ZONE
Chapter 18.34 RESIDENTIAL OPPORTUNITY (RO) OVERLAY ZONE
Chapter 18.36 TYPES OF USES
Chapter 18.38 SUPPLEMENTAL USE REGULATIONS
18.38.010 PURPOSE.
18.38.015 ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS - JUNIOR.
18.38.020 ACCESSORY LIVING QUARTERS.
18.38.025 ALCOHOLIC BEVERAGE MANUFACTURING.
18.38.030 ANIMAL KEEPING.
18.38.040 ANTENNAS - PRIVATE TRANSMITTING.
18.38.050 ANTENNAS - RECEIVING.
18.38.060 ANTENNAS - TELECOMMUNICATIONS.
18.38.065 AUTOMOTIVE - SALES AGENCY OFFICE (RETAIL) AND AUTOMOTIVE - SALES AGENCY OFFICE (WHOLESALE).
18.38.070 AUTOMOBILE SERVICE STATIONS.
18.38.080 BED & BREAKFAST INNS.
18.38.085 RECREATION - BILLIARDS.
18.38.090 CARETAKER UNITS.
18.38.095 (Repealed by Ord. 6526, February 15, 2022)
18.38.100 CONDOMINIUM CONVERSIONS.
18.38.105 CONTRACTOR'S OFFICE & STORAGE.
18.38.110 CONVENIENCE STORES.
18.38.115 COMMERCIAL CENTERS.
18.38.120 (Repealed by Ord. 6526, February 15, 2022)
18.38.123 Community Care Facilities - Unlicensed and Sober Living Homes.
18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL RESPITE.
18.38.130 HOME OCCUPATIONS.
18.38.135 FESTIVAL PERMIT.
18.38.140 (Repealed by Ordinance No. 6506 § 30, February 9, 2021)
18.38.150 LAUNDROMATS.
18.38.155 MARKETS.
18.38.160 MECHANICAL AND UTILITY EQUIPMENT - GROUND MOUNTED.
18.38.170 MECHANICAL AND UTILITY EQUIPMENT - ROOF MOUNTED.
18.38.180 OIL PRODUCTION.
18.38.190 OUTDOOR DISPLAYS.
18.38.200 OUTDOOR STORAGE.
18.38.205 PLANT NURSERIES.
18.38.210 PORTABLE FOOD CARTS.
18.38.215 RESIDENTIAL USES OF MOTELS, COMMERCIAL AND OFFICE STRUCTURES.
18.38.220 RESTAURANTS - OUTDOOR SEATING AND DINING.
18.38.225 SPECIAL EVENTS - FLAGS AND BANNERS.
18.38.230 SPECIAL EVENTS - OUTDOOR ACTIVITY.
18.38.235 SPECIAL EVENTS - CHRISTMAS TREE LOT AND PUMPKIN PATCHES.
18.38.240 SPECIAL EVENTS - CARNIVALS AND CIRCUSES.
18.38.245 SPECIAL EVENT REGULATIONS WITHIN THE PLATINUM TRIANGLE.
18.38.250 TILE SALES.
18.38.255 TWO-UNIT DEVELOPMENT AND URBAN LOT SPLIT.
18.38.260 (Repealed by 6245 § 61, 6/5/12)
18.38.270 VETERINARY SERVICES AND ANIMAL BOARDING.
Chapter 18.40 GENERAL DEVELOPMENT STANDARDS
Chapter 18.42 PARKING AND LOADING
Chapter 18.44 SIGNS
Chapter 18.46 LANDSCAPING AND SCREENING
Chapter 18.48 RECYCLING FACILITIES
Chapter 18.50 SENIOR CITIZENS' APARTMENT PROJECTS
Chapter 18.52 HOUSING INCENTIVES
Chapter 18.54 SEX-ORIENTED BUSINESSES
Chapter 18.56 NONCONFORMITIES
Chapter 18.58 AFFORDABLE MULTIPLE-FAMILY HOUSING DEVELOPMENTS (Repealed by 6101 § 55, 4/22/08)
Chapter 18.60 PROCEDURES
Chapter 18.62 ADMINISTRATIVE REVIEWS
Chapter 18.64 AREA DEVELOPMENT PLANS
Chapter 18.66 CONDITIONAL USE PERMITS
Chapter 18.68 GENERAL PLAN AMENDMENTS
Chapter 18.70 FINAL PLAN REVIEWS
Chapter 18.72 SPECIFIC PLANS
Chapter 18.74 VARIANCES
Chapter 18.76 ZONING AMENDMENTS
Chapter 18.80 FEES
Chapter 18.90 GENERAL PROVISIONS
Chapter 18.92 DEFINITIONS
Chapter 18.100 HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN NO. 87-1 (SP 87-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.102 SYCAMORE CANYON SPECIFIC PLAN NO. 88-1 (SP 88-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.104 THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN NO. 88-2 (SP 88-2) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.106 PACIFICENTER ANAHEIM SPECIFIC PLAN NO. 88-3 (SP 88-3) ZONING AND DEVELOPMENT STANDARDS (Rescinded by 6358 § 7, 2/9/16)
Chapter 18.108 FESTIVAL SPECIFIC PLAN NO. 90-1 (SP 90-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.110 EAST CENTER STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SP 90-2) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.112 MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SP 90-4) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.114 DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.116 ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.118 HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (SP 93-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.120 ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS
Chapter 18.122 BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT STANDARDS
STATUTORY REFERENCES FOR CALIFORNIA CITIES
TABLES
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18.38.110   CONVENIENCE STORES.
   Uses classified as Convenience Stores are subject to the provisions of this section.
   .010   No advertising of alcoholic beverages shall be located outside the building nor shall advertising on the interior be visible from the exterior of the building. Audible advertising of alcoholic beverages shall be prohibited.
   .020   No display of alcoholic beverages shall be located outside the building or within five (5) feet of any entrance used by customers.
   .030   No alcoholic beverages shall be consumed on the premises.
   .040   No sales of alcoholic beverages shall be made to customers outside the building.
   .050   No person under the minimum age established by the State shall be permitted to sell alcoholic beverages.
   .060   No exterior vending machines shall be permitted.
   .070   No video, electronic or other amusement devices or games shall be permitted.
   .080   No roof-mounted balloons or inflated devices shall be permitted.
   .090   No outdoor storage or stacking of shopping carts shall be permitted.
   .100   Any public telephones shall be inside the building and within the control of the operator of the business.
   .110   All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all windows visible to the public right-of-way.
   .120   No storage, display or sales of any merchandise, fixtures or other material shall be permitted outside the building, except as may be permitted with a special event permit approved by the Planning Department.
   .130   The parking lot serving the premises shall be maintained with sufficient lighting power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. The lighting shall be directed, positioned and shielded so as not to illuminate adjacent properties. A plan showing the lighting shall be submitted to the Community Services Division of the Police Department for review and approval.
   .140   The property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty eight (48) hours from time of occurrence.
   .150   All trash generated by the use shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate, and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse. The Community Preservation Division of the Planning Department shall determine the adequacy of the bins and pick-ups, and may require additional bins or pick-ups. All costs for meeting these requirements shall be paid for by the business owner.
   .160   That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas.
   .170   For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m.
   .180   All new convenience markets or new construction within an existing market shall incorporate the following requirements into the development of the center.
      .1801   That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
      .1802   That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
      .1803   That an on-site trash truck turn-around area shall be provided per City Standards and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
      .1804   That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.
      .1805   Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti.
      .1806   That prior to final building and zoning inspection, the applicant shall:
         .01   Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
         .02   Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP.
         .03   Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
         .04   Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
      .1807   That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). (Ord. 5920 1 (part); June 8, 2004: Ord. 5998 § 26; October 25, 2005: Ord. 6245 § 54; June 5, 2012: Ord. 6286 § 19; September 3, 2013.)
18.38.115   COMMERCIAL CENTERS.
   All commercial centers shall comply with the provisions of this section.
   .010   All commercial centers shall adhere to the following operating conditions.
      .0101   That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner.
      .0102   That wheel stops shall be properly maintained at all times.
      .0103   That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas.
      .0104   No outdoor storage shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance.
      .0105   For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m.
   .020   All new commercial centers or new construction within an existing commercial center shall incorporate the following requirements into the development of the center.
      .0201   That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
      .0202   That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
      .0203   That an on-site trash truck turn-around area shall be provided per City Standard and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
      .0204   That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.
      .0205   That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a “Reports and Recommendations” item.
      .0206   Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti.
      .0207   Each different unit within the shopping center shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. The address numbers shall be positioned so as to be readily readable from the street and shall be illuminated during hours of darkness.
      .0208   That prior to final building and zoning inspection, the applicant shall:
         .01   Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
         .02   Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP.
         .03   Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
         .04   Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
      .0209   That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
      .0210   That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director.
      .0211   That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernible the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence. (Ord. 6245 § 55; June 5, 2012: Ord. 6286 § 20; September 3, 2013.)
18.38.120   (Repealed by Ord. 6526, February 15, 2022)
18.38.123   Community Care Facilities–Unlicensed and Sober Living Homes.
   Uses classified as Community Care Facilities–Unlicensed (Small), Community Care Facilities–Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section.
   .010   Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility–Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit.
      .020   Operational Standards.
         .0201   Number of Residents.
            .01   Community Care Facilities–Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded.
            .02   Community Care Facilities–Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine the total number of residents.
         .0202   The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.
         .0203   The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility.
         .0204   Parking.
            .01   All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times.
            .02   All vehicles shall be operable and be parked on-site.
         .0205   Separation requirements.
            .01   Community Care Facility–Unlicensed. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed, regardless of size.
            .02   Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any other Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size.
            .03   Exceptions. A Community Care Facility–Unlicensed (Small) or a Sober Living Home (Small), which has been in existence prior to effective date of this ordinance, shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance.
         .0206   All facilities shall not provide "Care and supervision" to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended.
         .0207   Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning
         .0208   The property shall be fully in compliance with all building codes, codified ordinances, and this Code.
         .0209   Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
            .01   Intake procedures
            .02   Facility rules and regulations
            .03   A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
            .04   Eviction and involuntary termination procedures, which, at minimum, ensure the following:
               a.   Notification to the resident's emergency contact or contact of record.
               b.   Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment.
               c.   Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release.
               d.   Provision of transportation to the address listed on the resident's driver license, state-issued identification card, or the permanent address identified in the resident's application or referral to the other community care facilities, sober living homes, or similar facilities.
         .0210   In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
            .01   An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance.
            .02   A visitation policy that preclude any visitors who are under the influence of any drug or alcohol.
            .03   Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit.
         .0211   Refusal to comply with the facility's rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction.
         .0212   The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information.
         .0213   Exception. Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). (Ord. 6493 § 20; September 29, 2020.)
18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL RESPITE.
   An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following provisions:
   .010   Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may locate on any parcel:
      .0101   Designated by the General Plan for Industrial land use; and,
      .0102   Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone.
      .0103   Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter, subject to the requirements of subsection 18.38.125.080 (Transitional and Supportive Housing) of this Chapter 18.38 (Supplemental Use Regulations).
   .020   Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is prohibited on parcels that meet any of the criteria below, unless otherwise approved by a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
      .0201   Parcels within 300 feet, measured from the property line, from any other Emergency Shelter and/or Recuperative Care/Medical Respite use,
      .0202   Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses,
      .0203   Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility.
   .030   Approval. The following shall be the approval process for an Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite):
      .0301   A single Emergency Shelter housing up to 50 occupants, a single Recuperative Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed 50 occupants, shall be a permitted use.
      .0302   Approval of an Emergency Shelter during a Shelter Crisis. The City Manager is the approval authority for the first 425 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council's adoption of Resolution No. 2018- 118 ("Shelter Crisis").
         .01   The City Manager's approval shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s).
         .02   The City Manager may also approve the relocation/replacement of the first 425 shelter beds, permitted during a Shelter Crisis, in another Emergency Shelter or combination of Emergency Shelters. The City Manager's approval of relocation/replacement beds shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a description of how the relocation/replacement will be sequenced, including the date the existing beds will cease to be in use and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency Shelter Operator shall submit a detailed Operations Plan for the proposed new location of shelter(s) which outlines the property owner's or Emergency Shelter Operator's plans to comply with the Separation, Facility, and Operations Plan requirements of this Section 18.38.125.
      .0303   Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit.
      .0304   Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits).
      .0305   The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be modified through the approval of a conditional use permit consistent with Chapter 18.66(Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
   .040   Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required):
      .0401   Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments.
      .0402   Waiting area. A waiting area shall be provided to accommodate all potential clients prior to and during the intake process. The waiting area may be located either inside or outside of the facility and shall be of a sufficient size to accommodate clients of the facility. If the waiting area is located outside of the Emergency Shelter building, the area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements.
      .0403   Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall.
      .0404   Kitchen facilities and a designated dining area shall be provided for the preparation and serving of meals for clients and staff.
      .0405   The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas:
         .01   Indoor and outdoor recreation facilities.
         .02   A counseling center for job placement and/or educational, legal, or mental and physical health services.
         .03   Laundry facilities to serve the clients at the shelter.
         .04   Other similar facilities and services geared towards the needs of homeless clients.
   .050   Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following:
      .0501   Staffing and Volunteers. The Operations Plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include:
         .01   24-hour security. Security staffing for both on and off-site needs.
         .02   Staff and Volunteer Training. A training program shall be developed for staff and volunteers to provide adequate knowledge and skills necessary to assist clients to advance in the continuum of care.
      .0502   Admittance and Discharge Procedures. The Operations Plan shall describe the proposed system for daily admittance and discharge procedures. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region's current Homeless Management Information System.
      .0503   Communications and Outreach. The Operations Plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public.
      .0504   Prohibition of alcohol and narcotics use. The Operations Plan shall indicate that the facility shall prohibit alcohol and narcotics use on premises and describe the measures that the operator will take to enforce this prohibition.
      .0505   Loitering control. The Operations Plan shall describe the measures the operator will implement to minimize the congregation of clients in the vicinity of the facility.
      .0506   Litter control. The Operations Plan shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility.
   .060   Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists:
      .0601   That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time;
      .0602   That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City's participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017-2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis.
   .070   Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be subject to the following requirements:
      .0701   Operator. The name of the Operator of the Recuperative Care/Medical Respite use shall be provided along with a summary of the Operator's experience operating similar facilities. The Operator shall comply with all State and/or Federal licensing requirements and the standards specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs, prepared by the National Health Care for the Homeless Council. A conditional use permit shall not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the time of application submittal.
      .0702   Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director, or their designee, prior to the operation of the Recuperative Care/Medical Respite facility, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits):
         .01   Community, Government, or Licensed Medical Facility Agreement. A Memorandum of Understanding (MOU) or other written agreement with a local area community, government, or licensed medical facility that establishes a reciprocal relationship for referring and admitting patients between the medical facility and the Recuperative Care/Medical Respite facility.
         .02   Access to Oxygen. A description of the Recuperative Care/Medical Respite facility's access to oxygen and plan for providing oxygen to occupants of the facility.
         .03   Staffing Levels. A detailed description of the number and type of employees and contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility.
      .0703   Client Eligibility. The Operator shall provide short term care and case management to individuals who are homeless or at risk of being homeless who have been referred by or discharged from a government, community or licensed medical facility, and who are recovering from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the Recuperative Care/Medical Respite use by the referring agency, Operator or family members. No "walk-in" clients shall be accepted at the facility.
      .0704   Six (6) Month Review. Recuperative Care/Medical Respite uses shall be subject to a six (6) month review, commencing from the date of occupancy of a facility, as follows:
         .01   Up to fifty (50) occupants. Facilities with up to fifty (50) occupants shall be subject to review by the Planning and Building Director. Surrounding properties within a 500-foot radius of the subject property shall be notified ten (10) days advance of the Planning and Building Director's review. Future compliance reviews may be required if significant violations are identified. The applicant shall pay for the cost of staff's processing of the review. The Planning and Building Director may refer applications for facilities with up to fifty (50) occupants to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).
         .02   Over fifty (50) occupants. Facilities with over fifty (50) occupants shall be subject to review by the Planning Commission. Planning and Building Department staff shall submit to the Planning Commission a "Reports and Recommendations" (R&R) item in order to verify that an approved Recuperative Care/Medical Respite use is operating without negative impacts to the surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing the R&R item. Future compliance reviews may be required if significant violations are identified or if required by the Planning Commission. Additional conditions of approval may be added as determined appropriate.
   .080   Supportive and Transitional Housing. Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter subject to the requirements of this Section 18.38.125 including approval of a Memorandum of Understanding (MOU) and a Conditional Use Permit (CUP), with the exception of a units approved during a Shelter Crisis, as further described below.
      .0801   Approval of Supportive and Transitional Housing during a Shelter Crisis. The City Manager is the approval authority for the first 100 units of Supportive and Transitional Housing co-located with an Emergency Shelter following the City Council's adoption of Resolution No. 2018-118 ("Shelter Crisis"). The City Manager's approval shall be pursuant to a written agreement with the property owner or housing operator, which must include a detailed Operations Plan for the proposed housing prepared pursuant to the requirements of paragraph 18.38.125.080.0810.
      .0802   Memorandum of Understanding (MOU) Required. The permitted location and distribution of Supportive and/or Transitional Housing units proposed to be co-located with an Emergency Shelter, pursuant to subsection 18.38.125.080, shall be determined on a project-by-project basis by the City Council through a MOU between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of housing and services offered to the intended target population. The applicant shall enter into the MOU with the City prior to the Planning Commission's review of the CUP application. The applicant shall request an MOU by submitting a Development Application to the Planning and Building Department. The application shall include a Preliminary Site Plan and Project Description that describe the following:
         .01   Target population.
         .02   Maximum number of residents.
         .03   Maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period.
         .04   Maximum number of units.
         .05   Maximum number of bedrooms in the proposed units.
         .06   Size and type of common areas, including recreational/leisure areas and kitchen facilities/dining areas.
         .07   Preliminary plan for funding and providing "Wrap around and Supportive Services".
      .0803   Conditional Use Permit Required. Following, or concurrent with, a request for approval of an MOU for Supportive and/or Transitional Housing proposed to be co-located with an Emergency Shelter, the property owner shall submit a Development Application for approval of a CUP consistent with Chapter 18.66 and the requirements of this subsection 18.38.125.080 (Transitional and Supportive Housing). The CUP will not be reviewed by Planning Commission prior to the City Council's approval of the MOU. The Development Application shall include plans and documents to establish the following:
         .01   Development Standards. Plans shall demonstrate compliance with the underlying Zone in which the property is located. Any modification of these development standards, including, but not limited to, parking as required by 18.42 (Parking and Loading), shall be processed as part of the CUP and meet the findings in 18.38.125.080.0802. The applicant shall provide justification for any modification of standards as part of the Development Application.
         .02   Design Considerations. Plans shall demonstrate consistency with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines.
         .03   Maximum Occupancy. The CUP shall establish and memorialize the total maximum occupancy for all staff, volunteers and residents of the Supportive and/or Transitional Housing units.
         .04   Operations Plan. The Development Application shall include a preliminary Operations Plan prepared pursuant to the requirements of paragraph 18.38.125.080.0810. The Planning and Building Director, and/or their designee, shall approve the final Operations Plan prior to issuance of Building Permits.
      .0804   Conditional Use Permit Findings. Approval of the CUP is subject to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), and the following findings:
         .01   The Supportive and/or Transitional Housing proposed meets all of the provisions of this section; and, (1) achieves a high level of livability for residents, (2) is designed and would be operated in such a manner as to be compatible with surrounding uses, and (3) is consistent with the City's goals and policies to address homelessness and find creative housing solutions.
         .02   The Supportive and/or Transitional Housing proposed in accordance with this section must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as, but not limited to, community rooms, community gardens, facilities for pets, barbeque areas, and active and passive recreation areas.
         .03   The project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile) and/or that shuttle service will be provided by the operator to such services.
      .0805   Affordability Covenant. Prior to issuance of building permits, the property owner(s) shall execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions:
         .01   Identification of the affordable units.
         .02   The initial rent for each unit.
         .03   The method of calculating periodic rental increases.
         .04   A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required by the project funding.
         .05   The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low-income households who will rent the housing units.
      .0806   Affordability Mix. The affordability mix for Supportive and Transitional Housing shall be dictated by the affordable housing funding program requirements and as approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.125.080.0807.
         .01   The term "Extremely Low Income Households," as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size.
         .02   The term "Very Low Income Households," as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size.
         .03   The term "Low Income Households," as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size.
      .0807   Maximum Rents. Maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail.
      .0808   Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply:
         .01   At a minimum, for the purposes of admissions into a unit, an Anaheim preference shall apply to the greater of a proportionate share of Supportive and/or Transitional Housing units at the site when there is a combination of funding sources for said units, such as government sponsored funds.
         .02   When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units.
         .03   For potential residents who are homeless at the time of application, an Anaheim preference may be granted if the individuals can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.
         .04   For the purposes of this paragraph 18.38.125.080.0807, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an individual is considering. In order to be eligible for a preference at the time of referral, potential residents must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral.
         .05   The Anaheim preference shall be memorialized in the Affordability Covenant.
      .0809   Marketing and Tenant Selection Plan Required. Prior to occupancy of any Supportive and/or Transitional Housing Unit, a Marketing and Tenant Selection Plan shall be submitted to and approved by the Community and Economic Development Department. The Plan shall outline steps to be taken to affirmatively market housing units at the project. Procedures shall address outreach to stakeholders who interface with the target population for this type of housing and as needed, address language issues. All procedures must be in compliance with federal fair housing laws and include recordkeeping methods that will permit the Community and Economic Development Department to audit compliance in this area. Changes to the Plan are subject to the review and approval of and must be submitted to and approved by the Community and Economic Development Department prior to implementation of such a change.
      .0810   Operations Plan. The Operations Plan shall be a detailed plan and strategy for the longterm operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. The Operations Plan may be required to address additional specific needs as identified by the Planning and Building Director and the Police Chief. The approved Operations Plan shall remain active throughout the life of the facility. Any modifications to the Operations Plan shall require approval of the Planning and Building Director and the Police Chief. At a minimum, the Operations Plan shall contain provisions addressing the following:
         .01   Staffing. The operations plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include:
            a)   An on-site manager. The operations plan shall include a detailed description of the manager's duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses.
            b)   24-hour security staffing for both on and off-site needs. The on-site manager may provide the security staffing, subject to the approval of the Police Chief.
         .02   Funding and provision of Wrap-Around Supportive Services for the residents. The term "Wrap-Around Supportive Services" shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training.
         .03   Communications and Outreach. The operations plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public.
         .04   Loitering control. The operator shall describe the measures that it will implement to minimize the congregation of residents near the facility.
         .05   Litter control. The operator shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. (Ord. 6234 § 2 (part); February 28, 2012: Ord. 6358 § 4; February 9, 2016: Ord. 6450 § 1; November 20, 2018: Ord. 6459 § 3 (part); March 5, 2019: Ord. 6475 § 1; January 14, 2020.)
18.38.130   HOME OCCUPATIONS.
   Home occupations shall comply with the following provisions:
   .010   No person other than members of the resident family shall engage in the home occupation.
   .020   No significant increase in pedestrian or vehicular traffic shall be generated by the home occupation. For purposes of interpretation, more than six (6) total vehicles or eight (8) total people per day relating to the home occupation shall be conclusively deemed a significant increase in traffic.
   .030   No more than a single vehicle used primarily in the conduct of the home occupation may be parked or stored on the public street or anywhere on the subject property other than in an enclosed garage. That single vehicle shall have a weight not in excess of ten thousand (10,000) pounds “gross vehicle weight rating” and dimensions that do not exceed eight (8) feet in total outside width, or seven (7) feet in height, or twenty-one (21) feet in bumper-to-bumper length. Commercial vehicles used in the home occupation that are parked or stored on the premises shall not be visible from any public street or right-of-way. For purposes of this section, a “Commercial Vehicle” is defined as a vehicle with commercial license plates that is not designed and used for recreational and domestic purposes.
   .040   No outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall be permitted. Enclosed storage of home occupation materials and/or supplies is permitted with the following restrictions:
      .0401   Storage of supplies or equipment used in the home occupation may be permitted in a garage, if the storage does not diminish the usable parking space as required by Chapter 18.42 (Parking and Loading).
      .0402   Trailers or tractors weighing one (1) ton or less that are used in the home occupation shall be stored entirely within an enclosed garage, and are subject to the provisions of subsection .0501 above. Trailers, tractors or trucks in excess of one (1) ton and all wheeled construction equipment shall not be permitted on the premises.
      .0403   Storage of hazardous waste, noxious materials, chemicals, pharmaceuticals or other substances that may constitute a nuisance shall not be permitted on the premises.
   .050   No exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a non-residential use.
   .060   No noise, odor, dust, vibration, fumes or smoke caused by a home occupation shall be readily discernible at the lot boundaries, and the use shall not adversely affect surrounding residents.
   .070   No home occupation shall cause an electrical disturbance that shall adversely affect the property of another person.
   .080   The home occupation shall be operated in conformance with all applicable laws.
   .090   The person conducting the home occupation shall obtain a City business tax certificate for, and shall register the home occupation with, the Planning Department, on forms provided for such purpose, together with payment of a filing fee as established by resolution of the City Council. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 28; April 22, 2008: Ord. 6317 § 12; March 3, 2015.)
18.38.135   FESTIVAL PERMIT.
   .010   Intent and Purpose. The festival permit is intended to regulate temporary uses, activities, events and signs related to large-scale events or functions held or conducted within the Festival Districts, and to coordinate permits typically associated with this type of event or function including, but not limited to, parades, carnivals, fireworks, commercial filming and special events. The purpose of the festival permit is to engage in a comprehensive review of such large-scale events or functions to ensure that they enhance the aesthetic appeal of the City and do not create an adverse impact upon the City’s public health, safety and welfare, or the physical environment in areas in which the City has expended significant resources to enhance tourism and the visitor experience and which are characterized by high traffic and periodic influxes of large numbers of persons.
   .020   Definitions. Notwithstanding definitions set forth elsewhere in the Anaheim Municipal Code, the words, terms and phrases set forth in this section shall have the following meanings:
      .0201   Applicant. Any person or legal entity requesting a festival permit.
      .0202   City Venue. The Anaheim Convention Center, the Honda Center and Angel Stadium of Anaheim.
      .0203   Departmental Service Charges. The actual costs which the City incurs in connection with events or activities for which a festival permit is required under this section, including, but not limited to, costs associated with police, fire, public safety, code enforcement, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the festival and the cost to the City to provide support personnel, equipment, materials and supplies for festival events and activities.
      .0204    Designated Solicitation Areas. The areas designated for commercial solicitation and distribution of promotional materials set forth in the festival permit.
      .0205   Festival. An event or other function that is expected to draw a total of thirty-five thousand (35,000) or more persons to two (2) or more City venues within the Festival Districts, for two or more public event days and will generate a peak hotel room block, within the City of Anaheim of at least five hundred (500) rooms.
      .0206   Festival Period. Two (2) days before the first festival event or activity to and including two (2) days after the last festival event or activity.
      .0207   Festival Districts. Those areas indicated in Exhibits A-1 (Arena District), A-2 (Convention Center District) and A-3 (Stadium District) of City Council Resolution No. 2010-025, adopted on February 9, 2010, and as may be amended from time to time thereafter.
      .0208   Mobile Billboard Advertising. Any vehicle, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising.
      .0209   Promotional Material. Any promotional good or service, gift, merchandise, sample, product giveaway, device or written material, including any handbill, as defined in Section 7.24.010 of the Anaheim Municipal Code. The definition of “Promotional Materials” shall not include any noncommercial communication for a noncommercial purpose as defined in Chapter 7.32 of the Anaheim Municipal Code (Noncommercial Solicitation).
      .0210   Parade. Any march, demonstration, procession, run, motorcade or promenade consisting of twenty (20) or more persons, animals or vehicles, or a combination thereof, having a common purpose, design, destination or goal, and taking place upon any public property and which does not comply with normal and usual traffic regulations or controls.
      .0211   Public Property. Any real property or interest therein, dedicated to or owned, leased, operated, or otherwise controlled by the City of Anaheim including, but not limited to, streets, alleys, parkways, sidewalks, City venues and the parking lots for City venues.
      .0212   Solicitor. Every person, whether or not a resident of the City of Anaheim, traveling by foot, vehicle or other type of conveyance, from place to place or from door to door or at any temporary, stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products, fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser thereof. The definition of “Solicitor” shall not include any person that is engaging in any noncommercial solicitation for a noncommercial purpose as defined in Chapter 7.32 of the Anaheim Municipal Code (Noncommercial Solicitation).
      .0213   Sponsor. Any person or entity designated by the applicant for a festival permit that funds, manages, promotes, organizes or provides backing for the festival.
   .030   Permit Required.
      .0301   It shall be unlawful for any person or entity to hold, conduct or operate, within the Festival Districts, a festival without having a valid permit issued pursuant to the provisions of this Section 18.38.135.
      .0302   The holding or conducting of any event or activity subject to the provisions of this section without a valid permit issued therefore, pursuant to the provisions of this section, is declared a public nuisance.
      .0303   A festival permit may be issued for any festival within the Festival Districts indicated in Exhibits A-1 (Arena District), A-2 (Convention Center District) and A-3 (Stadium District) of City Council Resolution No. 2010-025, adopted on February 9, 2010, and as may be amended from time to time thereafter.
      .040   Permitted Uses, Events and Activities. The temporary uses, events, and activities permitted in the Festival Districts, or other specified locations, as designated in an approved festival permit are in addition to those uses, events, and activities authorized by the Anaheim Municipal Code or otherwise permitted by a land use approval, and may supersede the uses conditionally permitted or prohibited on a particular parcel as set forth in this section and the festival permit. The applicant shall be authorized to hold or conduct the following uses, events and activities in the designated Festival Districts, or other specified locations, subject to an approved or conditionally approved festival permit in accordance with the requirements of this Section 18.38.135. For uses, events, and activities that otherwise require a separate permitting process (i.e., parades, carnivals, fireworks, commercial filming and special events), the approval of these uses, events and activities will be reviewed, considered and approved as part of the comprehensive festival permit.
      .0401   Parades. Parades shall be permitted subject to the requirements of Chapter 14.24 (Pedestrians and Parades) of the Anaheim Municipal Code.
      .0402   Concerts.
      .0403   Re-Sale of Tickets. The re-sale of tickets on the premises of the Honda Center or Angel Stadium of Anaheim shall be permitted for public events to be held or conducted at the Honda Center and Angel Stadium of Anaheim during the festival period pursuant to an approved festival permit. The proposed location and hours of operation for the re-sale of tickets shall be subject to approval by the City as part of the festival permit and shall be limited to those areas at the Honda Center and Angel Stadium of Anaheim designated by City in said permit. This area shall be shown on the site plan and the security plan.
      .0404   Off-Site Advertising. Off-site advertising, including, but not limited to, the distribution of promotional materials for the festival shall be permitted subject to the requirements of subsection 18.38.135.050 (Permitted Temporary Signs and Advertising).
      .0405   Fireworks and Open Flame Devices. Fireworks and open flame devices shall be permitted subject to the requirements of Chapters 6.40 (Fireworks) and 6.41 (Public Displays of Fireworks and Open Flame Devices) of the Anaheim Municipal Code.
      .0406   Live Animals. Live animals shall be permitted subject to the requirements of Title 8 (Animals) of the Anaheim Municipal Code.
      .0407   Commercial Filming. Commercial filming shall be permitted subject to the requirements of Chapter 4.03 (Commercial Filming) of the Anaheim Municipal Code.
      .0408   Use of Vacant Lots. All areas or parcels of land used for any festival use, event or activity, including off-street parking areas, shall be either paved with a permanent paving material, such as cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover such as wood chips or gravel to inhibit dust. No property shall be used without the written consent of the property owner.
      .0409   Tents.
      .0410   Solicitation. Commercial solicitation shall only be permitted within the designated solicitation areas as expressly authorized in an approved festival permit. Solicitors shall be subject to the requirements of Chapter 4.52 (Solicitors and Peddlers), Chapter 14.30 (Solicitation of Vehicle Occupants), and Section 14.32.310 (Sales of Goods or Merchandise by Vehicle) of the Anaheim Municipal Code.
      .0411   Amplified Sound. Unless otherwise approved by the Planning Director, or designee, the use of any sound-amplifying equipment within the Festival Districts, in a fixed or movable position, or mounted upon any vehicle, shall be operated in compliance with the requirements of Chapters 6.70 (Sound Pressure Levels) and 6.72 (Amplified Sound) of the Anaheim Municipal Code.
      .0412   Alcohol Sales and Consumption. All alcohol sales and consumption shall comply with all State requirements, including all required permits, and be in compliance with the requirements of Chapters 7.16 (Disorderly Conduct) and 11.08 (Conduct on Public Property) of the Anaheim Municipal Code.
      .0413   Off-Site Parking. Parking for uses that are not on the same parcel as the parking lot or structure shall be permitted subject to the requirements of Chapter 18.42 (Parking and Loading) of the Anaheim Municipal Code.
      .0414   Street Closures. All street closures shall be approved by the Chief of Police as part of the festival permit.
   .050   Permitted Temporary Signs and Advertising. All advertising shall be subject to the taxes set forth in Chapter 3.20 (Advertising) of the Anaheim Municipal Code. The temporary signs and advertising permitted in the Festival Districts, or other specified locations, as designated in an approved festival permit are in addition to those signs and advertising authorized by the Anaheim Municipal Code or otherwise permitted by a land use approval, and may supersede the uses conditionally permitted or prohibited on a particular parcel as set forth in this section and the festival permit. The following temporary signs and advertising shall be permitted, as part of a coordinated sign program, subject to an approved or conditionally approved festival permit in accordance with the requirements of this Section 18.38.135. All permitted temporary signs and advertising shall be removed within seventy-two (72) hours of the last festival event or activity, unless a different time period is specified in the festival permit for the removal of temporary signs and advertising.
      .0501   Banners. Temporary banners, including wall banners, banners on light poles, banners across streets, that are a part of a coordinated sign program for the festival shall be permitted.
         .01   Banners within the public right-of-way shall comply with Public Utilities Department Order 406 (Advertising Banners) and shall only include the names and logos of the festival and its sponsors. Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the banner; the sponsor’s name/logo shall comprise no more than twenty-five percent (25%) of the total area of the banner. In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
         .02   If the banner is located on a private property, the banner shall only include the names and logos of the festival, its sponsors and the tenants and/or property owner of the subject property. Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the banner; the sponsors and/or tenant/property owner’s name/logo shall comprise no more than a total of twenty-five percent (25%) of the total area of the banner. In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
         .03   Wall banners, including super graphics and building wraps, shall cover no greater than twenty-five percent (25%) of the building face of each elevation; the Planning Director, or designee, may allow a greater percentage of coverage unless it is determined that the proposed wall banner will have an adverse impact on the visual appearance of the area or adversely affect adjoining land uses. All such banners shall be securely fastened to the building and shall not constitute a safety hazard.
      .0502   Window Signs. Temporary window signs that are a part of a coordinated sign program for the festival shall be permitted. Window signs shall only include the names and logos of the festival, its sponsors and the tenants and/or property owner of the subject property. Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the window sign; the sponsors and/or tenant/property owner’s name/logo shall comprise no more than a total of twenty-five percent (25%) of the total area of the window sign. In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
      .0503   Iconic Structures. Temporary iconic structures that are a part of a coordinated sign program for the festival shall be permitted. Said structures shall not impede or disrupt the flow of pedestrian or vehicular traffic or violate any City ordinance or any statute of the State of California regarding public nuisances, or the display of obscene or harmful matter.
      .0504   Sidewalk Decals. Temporary sidewalk decals that are part of a coordinated sign program for the festival shall be permitted as long as such signs are not a safety hazard. Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the decal; the sponsor’s name/logo shall comprise no more than twenty-five percent (25%) of the total area of the decal. In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
      .0505   Promotional Materials. Distribution of promotional materials, as defined in subsection 18.38.135.020 (Definitions), shall only be permitted as expressly authorized within the designated solicitation areas set forth in an approved festival permit.
      .0506   Substitution of Messages. Signs and promotional materials authorized by this subsection are allowed to carry noncommercial messages in lieu of any other commercial messages.
   .060   Application for Permit. Any person or legal entity desiring a festival permit shall make an application to the Planning Director. Such application must be made at least sixty (60) days prior to the commencement of the festival. The application shall be accompanied by a deposit in an amount to be set by the Planning Director based on the reasonable cost of processing the application. Costs associated with the processing of the application will be billed on a time and materials basis. The application shall include:
      .0601   Applicant. The name and contact information for the applicant.
      .0602   Legal Entity. If the applicant is a corporation or legal entity, the name and contact information of the members/officers shall be listed.
      .0603   Main Contact. The name and contact information for the person to be in immediate charge of the festival.
      .0604   Media Contact. The name and contact information for the main media contact for the festival.
      .0605   Sponsor. The name, main contact and contact information of all sponsors shall be listed.
      .0606   Staff and Committee Members. The names and contact information for all staff and/or committee members responsible for any temporary use, event, activity or sign associated with the festival.
      .0607   Festival Duration. The inclusive dates, during which the festival is to take place, including set-up and disassembly.
      .0608   Attendance. The anticipated total number of participants/attendance for the festival and for each activity associated with the festival, as well as information and any documentation setting forth the number of peak hotel room bookings, within the City of Anaheim, during the festival.
      .0609   Festival Description. The uses, events and activities proposed in the Festival Districts, including the proposed location and duration of each use, event and/or activity. If the event will include a parade, as defined by subsection 18.38.135.020 (Definitions), the route shall be clearly indicated on the site plan.
      .0610   Site Plan. A site plan or plans indicating the exact location and parcels on which the festival and all related uses, events or activities are proposed, including, site dimensions; the names of adjacent streets and highways; the addresses of the underlying parcel or parcels; any existing buildings or other large structures; all vehicle access; parking areas, including the number of parking spaces; and, the areas proposed for the installation of any structures or equipment or the storage thereof.
      .0611   Accessibility Plan. An accessibility plan describing how the festival will meet all City, County, State and Federal access requirements.
      .0612   Coordinated Sign Plan. A coordinated sign plan setting forth all banners, including wall banners, banners on light poles and banners across streets, super graphics and building wraps, window signs, sidewalk decals, iconic structures, and other signs proposed as part of the festival. The plan shall include the materials, dimensions, graphics and method of affixing each sign. No sign shall be proposed on any private property without the written consent of the property owner. The sign plan shall indicate all sponsors, tenants and property owners to be advertised.
      .0613   Security/Safety Plan. A comprehensive security/safety plan that sets forth any security required, pursuant to contract(s) with the City venue or private venue managers. The plan shall include all private security and any necessary City police officers, fire fighters, code enforcement officers, emergency medical staff and/or special response teams. The plan shall include a contact person and associated contact information for any private security to be used at the festival. The private security company shall be licensed by the State of California. The Chief of Police has the final authority to determine security requirements for the festival. If the prescribed number of licensed private security guards are not provided, or prove inadequate, the Anaheim Police Department maintains the right to shut down any or all components of the festival and/or to provide additional police services as deemed necessary by the Chief of Police.
      .0614   Medical Plan. A medical plan that includes the name and contact information of any licensed professional medical service providers for the festival and describing the number, certification levels (medical doctor, registered nurse, paramedic and emergency medical yechnician) and types of resources that will be utilized and the manner in which they will be managed and deployed.
      .0615   Sanitation Facilities. The total number and location of any portable toilets, including the number of ADA accessible portable toilets, and the equipment set-up and pick-up times.
      .0616   Traffic Management Plan. A traffic management plan that sets forth proposed street closures, traffic management strategies to alleviate congestion, shuttle services and off-site parking locations. The plan shall also indicate the proposed location of parking for both attendees and staff.
      .0617   Solicitors. The name, main contact and contact information of all solicitors shall be listed.
      .0618   Designated Solicitation Areas. Any location or locations proposed to be permitted for commercial solicitation and/or distribution of promotional materials.
      .0619   Re-sale of Tickets. Any location proposed to be permitted for the re-sale of tickets.
      .0620   Waste Management Plan. A waste management plan that indicates the proposed location and timing for the containment and collection of waste associated with the festival.
      .0621   Additional Information. Such other information as may be required by the Planning Director.
   .070   Action by Planning Director upon Application.
      .0701   Upon the filing of a completed application, the Planning Director, or designee, shall conduct an appropriate investigation, including consultation with the Chief of Police, the Fire Chief, the Executive Director Convention/Sports & Entertainment, the Director of Public Works and the Public Utilities General Manager. Within thirty (30) days after receipt of a completed application, the Planning Director, or designee, shall approve, conditionally approve or deny the application.
      .0702   An application for a festival permit, pursuant to this section, shall be granted, with or without conditions, unless it is found and determined that any of the following conditions exist:
         .01   The application contains incomplete, false or misleading information.
         .02   The festival will violate provisions of the Anaheim Municipal Code or any federal, state, county or local law or regulation.
         .03   The festival will unreasonably disrupt traffic within the City.
         .04   The festival will unreasonably interfere with access to police stations, fire stations or other public safety facilities.
         .05   The festival will cause undue hardship to or unreasonably interfere with adjacent commercial or residential uses.
         .06   The festival is proposed to be held or conducted in a building or structure which is hazardous to the health or safety of the volunteers, employees or patrons of the event or activity, City employees, or members of the general public, under the standards established by the Uniform Building or Fire Codes.
         .07   The festival is proposed to be held or conducted in a manner in which planned security measures are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by the festival or by patrons entering or leaving the premises where the festival takes place.
      .0703   The Planning Director shall give written notice to the applicant of the action taken upon the completed application. In the event the application is denied, written notice of such denial shall be given to the applicant specifying the grounds for such denial.
   .080   Appeal of Planning Director’s Decision.
      .0801   Any person or entity aggrieved by a decision of the Planning Director approving or disapproving the issuance of a festival permit or revoking such permit may, within five (5) days after such action, appeal to the City Manager of the City of Anaheim by filing a written notice thereof with the City Clerk.
      .0802   Upon the filing of a timely appeal, the City Manager, or designee, shall set a hearing to be held within ten (10) business days from the date of receipt of such appeal. The applicant, by written request, may waive the time limits set forth in this subsection except the time within which an appeal may be filed.
      .0803   After an administrative hearing and consideration of testimony, the report and recommendation of the Planning Director, and any written materials submitted by the appellant or other persons, the City Manager, or designee, shall either approve the permit, with or without conditions, or shall deny the permit. If the permit is denied, notice of said denial shall include the reasons for such denial. The decision of the City Manager, or designee, shall be made within five (5) business days from the date of the hearing and shall be final and conclusive in the matter.
   .090   Amendment of Permit Approval. A festival permit may be amended by the Planning Director if a request is made in writing to the Planning Director by the applicant. The application for amendment shall be accompanied by a deposit in an amount to be set by the Planning Director based on the reasonable cost of processing the application for amendment. Costs associated with the processing of the application for amendment will be billed on a time and materials basis. Any additional information deemed necessary to review such request, as determined by the Planning Director, shall be provided by the applicant. The Planning Director shall approve, conditionally approve, or deny any application for amendment unless the conditions set forth in subsection 18.38.135.0702 are found to exist. The decision of the Planning Director as to any amendment may be appealed in accordance with subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
   .100   Restrictions on other Permits.
      .1001   No parade, carnival, firework, commercial filming or special event permits shall be granted for any temporary use, event, activity or sign in the Festival Districts designated in an approved or conditionally approved festival permit during the festival period.
      .1002   It shall be unlawful for any person or entity to hold, maintain, conduct or operate any temporary use, event, activity or sign for which a parade, carnival, firework, commercial filming or special event permit is required within the Festival Districts designated in an approved festival permit during the festival period, unless the person or entity is authorized to do so pursuant to a festival permit approved by the City pursuant to this Section 18.38.135.
   .110   Use of Property for Commercial Purposes.
      .1101   Except for commercial solicitation in designated solicitation areas expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to use any public property or the outdoor area of any private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period, for the purpose of selling, storing or displaying any equipment, materials or merchandise, or any other commercial purpose, except for the following:
         .01   Public or private parking; or
         .02   The transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity for a public purpose in accordance with all federal, state, county or local laws or regulations including, but not limited to, copyright and trademark laws and regulations; or
         .03   Pursuant to any agreement with the City; or
         .04   Newsracks subject to compliance with the provisions of Chapter 4.82 (Newsracks on Public Rights-of-Way) of the Anaheim Municipal Code.
      .1102   Uses, events, activities and signs authorized by this subsection shall not prohibit members of the general public from accessing any business or residence.
   .120   Prohibited Temporary Signs and Advertising.
      .1201   Except for the distribution of promotional materials in designated solicitation areas expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to deposit, place, throw, scatter, cast, or otherwise distribute any promotional material from public property or the outdoor area of any private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period.
      .1202   Unless otherwise expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to erect, place, set, deposit, maintain or place any temporary commercial sign, banner, wall banner, window sign, iconic structure, sidewalk decal, sticker or other structure on public property or the outside area of private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period including, but not limited to, all temporary commercial signs generally permitted pursuant to Chapter 18.44 (Signs) of the Anaheim Municipal Code. Temporary noncommercial signs shall be permitted in accordance with Chapter 18.44 (Signs) of the Anaheim Municipal Code.
      .1203   It shall be unlawful for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or other public place within the Festival Districts designated in an approved or conditionally approved festival permit in which the public has the right of travel during the festival period; provided, however that this paragraph shall not apply to (i) any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements; (ii) buses; or (iii) taxicabs. The purpose of this restriction is to eliminate mobile billboard advertising within designated Festival Districts during the festival period in order to promote the safe movement of vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance within designated Festival Districts during festival events.
   .130   Compliance with other Codes
      .1301   Health and Sanitation. The festival shall conform to the health and sanitation requirements established by the County Health Officer and by applicable State, County and City laws.
      .1302   Building and Fire Codes. Upon request, the applicant shall furnish proof to the City that all equipment, tents and structures utilized in connection with any festival activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel.
      .1303   Except as expressly provided in Section 18.38.135, all provisions of the Anaheim Municipal Code shall be in full force and effect and shall be strictly complied with by the applicant and all persons in the Festival Districts.
   .140   Liability Insurance, Indemnity, and Performance Bond Provisions. The requirements of this section are applicable whenever the applicant’s operations will utilize or impact City facilities, property, or public property, as determined by the City.
      .1401   Without limiting City’s right to indemnification and defense, before a festival permit is issued applicant shall secure, and maintain during the entire period of time that any festival-related activities are taking place on, or any festival-related property is on public property, insurance coverage as follows: (i) commercial general liability insurance specifically covering the festival-related activities and events proposed by applicant and including, but not limited to, coverage for premises and operations, contractual liability, personal injury liability, products/completed operations liability, and independent contractor’s liability, in an amount not less than $5,000,000 per occurrence, written on an occurrence form; and (ii) comprehensive automobile liability coverage (including owned, non-owned, and hired coverage), in an amount not less than $1,000,000 per occurrence, combined single limit, with no aggregate. The insurance required herein shall be: (a) written on a primary basis (i.e., without a self-insured retention); (b) placed with insurers admitted to write insurance in California and possessing an A. M. Best rating of A VII or higher (or with an insurer otherwise acceptable to City, with City’s prior written permission). A properly executed endorsement, with a wet signature, to said general liability policy/policies shall be submitted naming the City of Anaheim, its officers, employees, agents, representatives, and volunteers as additional insureds (collectively, the “City Indemnities”) as respects (i) the acts, omissions, operations, products, and activities of, or on behalf of, the applicant, (ii) the festival and festival-related activities, and (iii) applicant’s use and occupancy of all public property related to the festival. In the event the use of pyrotechnics, or any other unusual activity, or higher-risk activity (such as carnival rides) is contemplated, the applicant will be required to submit evidence of insurance which will cover said use or activity in an amount and a form acceptable to the City’s Risk Manager; provided, however, that specifically as to pyrotechnics, the amount of liability coverage shall be the greater of the minimum limits required by State law and the amount required by City’s Risk Manager, and evidence of this insurance will additionally be reviewed by the Fire Department. The Risk Manager is authorized to reduce the insurance requirements above if it is deemed to be in the best interests of the City of Anaheim.
      .1402   Indemnity, Defense and Hold Harmless Agreement. The applicant shall execute an indemnity, defense, and hold harmless agreement as provided by the City of Anaheim prior to the issuance of a permit under this section. In addition, applicant shall, in its contracts with any of its festival-related exhibitors, contractors, suppliers, and solicitors, ensure that the City Indemnitees are provided indemnity, defense, and hold harmless protection at least equal to said protection provided to applicant.
      .1403   Performance Bond. To ensure cleanup and restoration of the Festival Districts, the applicant may, at the sole discretion of the City of Anaheim, be required to post a refundable cash deposit or a performance bond (or other bond form as may be agreed to in writing in the sole discretion of the City of Anaheim), in an amount to be determined by the Planning Director, upon submittal of the application. Upon completion of the festival, satisfactory cleanup and restoration of the Festival Districts by the applicant, and inspection of the site by the City, the bond or cash deposit shall be returned to the applicant.
   .150   Payment of Departmental Service Charges. The applicant shall pay the City of Anaheim for all departmental service charges relating to a festival held or conducted pursuant to an approved festival permit. The City Manager, or designee, may waive departmental service charges relating to a festival where it is found and determined that the public interest would be served by the waiver of all or any part of said charges.
   .160   Revocation of Permit.
      .1601   Any festival permit, issued pursuant to the provisions of this section, may be revoked by the Planning Director, or designee, for good cause. Good cause shall include, but not be limited to, the following:
         .01   The application contains incomplete, false or misleading information.
         .02   The applicant has failed to comply with any provision of this Section 18.35.135.
         .03   The applicant has failed to comply with one or more of the required terms or conditions of the permit.
      .1602   The decision of the Planning Director revoking a permit may be appealed to the City Manager, pursuant to subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
   .170   Violation.
      .1701   A violation of any of the provisions of Section 18.38.135 or any of the terms and conditions of the festival permit shall be a misdemeanor punishable as set forth in Section 1.01.370 (Violations of Code - Penalty) of the Anaheim Municipal Code.
      .1702   Notwithstanding any other provisions of this Code, which may require prosecution of any such violation as a misdemeanor, any such violation constituting a misdemeanor under this section may be charged and prosecuted as an infraction. (Ord. 6165; February 16, 2010.)
18.38.140   (Repealed by Ordinance No. 6506 § 30, February 9, 2021)
18.38.150   LAUNDROMATS.
   All laundromats shall comply with the provisions of this section.
   .010   No laundromat shall be permitted in any area of the City unless each of the following has been satisfied:
      .0101   A sewer study, including identifying appropriate measures to mitigate sewer deficiencies, has been prepared by a registered professional civil engineer in the State of California for consideration by the City Engineer; and
      .0102   The City Engineer has approved the sewer study and the proposed mitigation measures, which may include construction of new sewer facilities; and
      .0103   The approved mitigation measures have been constructed and a bond or other security has been posted with the City to guarantee said construction prior to the laundromat’s commencing operation.
   .020   The laundromat shall be operated with at least one (1) attendant on-site during all hours of operation.
   .030   Any rear doorways shall remain closed, preventing entry from outside the building after dark, but not preventing emergency exit.
   .040   The restroom facilities located within the laundromat shall remain locked at all times, and access provided to customers only by means of a key provided by the laundromat attendant.
   .050   Signs shall be posted in a conspicuous place, in both the parking lot area and inside the laundromat, notifying patrons that loitering, panhandling and/or the consumption of alcoholic beverages upon the premises is prohibited.
   .060   Window signs shall not be permitted.
   .070   The operator of the business shall be fully responsible for retaining all laundry carts inside the building.
   .080   No video, electronic or other amusement devices or games shall be permitted.
   .090   All vending machines shall be located inside the building and shall be limited to three (3) machines.
   .100   The property shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty eight (48) hours from time of occurrence.
   .110   Any proposed roof-mounted equipment shall be completely screened from view. This screening information shall be specifically shown on the plans submitted for building permits.
   .120   All public telephones on the premises shall be located inside the building.
   .130   Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 27; October 25, 2005.)
18.38.155   MARKETS.
   All markets shall comply with the provisions of this section.
   .010   All markets shall adhere to the following operating conditions.
      .0101   That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas.
      .0102   That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner.
      .0103   No outdoor storage shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance.
      .0104   For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m.
   .020   All new markets or new construction within an existing market shall incorporate the following requirements into the development of the center.
      .0201   That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
      .0202   That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
      .0203   That an on-site trash truck turn-around area shall be provided per City Standard and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
      .0204   That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.
      .0205   Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti.
      .0206   That prior to final building and zoning inspection, the applicant shall:
         .01   Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
         .02   Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP.
         .03   Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
         .04   Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
      .0207   That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
      .0208   That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director.
      .0209   That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernible the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence. (Ord. 6245 § 57; June 5, 2012: Ord. 6286 § 22; September 3, 2013.)
18.38.160   MECHANICAL AND UTILITY EQUIPMENT – GROUND MOUNTED.
   .010   Ground-mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way, public property, and adjacent non-industrially zoned properties, as may be seen from a point six (6) feet above ground level on the adjacent non-industrially zoned property.
   .020   The screening shall be provided by architectural building features, fencing or landscaping, where appropriate and as approved by the Planning Department.
   .030   Electrical transformers, backflow prevention devices, and double check detector assemblies shall be located a minimum of five (5) feet from the property line, except in single-family zones, and shall be screened with live landscaping if located within a required structural setback area abutting any public or private street. The landscaping must fully screen the equipment within one year of planting and shall be fully maintained at all times.
   .040   Site, elevation and landscape plans showing the screening for all new utility devices visible from all public rights-of-way, public property, and adjacent non-industrially zoned properties, as may be seen from a point six (6) feet above ground level on the adjacent non-industrially zoned property, public right-of-way or public property, shall be submitted to the Planning Department for review and approval. Additionally, plans for equipment over eighteen (18) inches in height shall be subject to review and approval by the City Traffic and Transportation Manager, for line-of-sight visibility at unsignalized street intersections or at the intersection of vehicular and pedestrian pathways. No building permit will be issued without conformance with this subsection.
   .050   Exception. Location and screening requirements for public utility equipment and electric vehicle chargers may be modified by the Planning Director and Public Utilities Director or his or her designee for life safety and/or access reasons, or as otherwise established by guidelines adopted by the City. (Ord. 5920 1 (part); June 8, 2004: Ord. 6101 § 29; April 22, 2008: Ord. 6473 § 25; December 3, 2019: Ord. 6526 § 16; February 15, 2022.)
18.38.170   MECHANICAL AND UTILITY EQUIPMENT – ROOF MOUNTED.
   .010   Roof-mounted mechanical or utility equipment (including but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 (Buildings and Housing) of the Anaheim Municipal Code and in the Uniform Mechanical Code) shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent property, as may be seen from a point six (6) feet above ground level on such adjacent property, public property, or sidewalk on the opposite side of the street.
   .020   Screening of equipment shall be an integral part of the building design, such that the screening method and materials are not recognizable as a screening device. The screening shall be provided by acceptable, permanent building materials, the same as or similar to those used in the construction of the underlying building, or by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. Screening materials shall be the same color as the main building. Permanent, mature landscaping may be one component of the screening, but only if it provides a complete and sufficient year-round screen.
   .030   All equipment screening shall be retained and maintained in good condition.
   .040   Exceptions.
      .0401   Solar energy (i.e., photovoltaic) panels shall not be subject to the screening requirements described in Section 18.38.170. However, accessory power equipment associated with these systems shall be fully screened.
         .01    Residential Structures. Panels shall be installed parallel with the roof surface with no more than an eight (8) inch clearance between the bottom of said panel and the roof.
         .02   Non-Residential and Mixed-Use Structures. Panels shall be installed on the roof surface and screened from view. If visible from any public right-of-way, panels shall be parallel with the roof surface. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 30; April 22, 2008: Ord. 6555 § 36; April 4, 2023.)
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