18.38.200 OUTDOOR STORAGE.

   The provisions of this section shall apply to outdoor storage, including but not limited to, vehicles of any kind, boats, trailers, machinery and other equipment or material, or the component parts of such vehicles, boats, trailers, machinery, equipment or material, where such storage would otherwise be visible from an adjacent or nearby non-industrial zone or use, or public right-of-way. It does not apply, however, to uses classified as automotive–car sales and boat & RV sales, provided such outdoor storage is solely for the purpose of displaying vehicles that are immediately available for sale, lease, or rent. It also does not apply to uses classified as Automotive–Parking, provided the vehicles are legally parked and are not parked overnight. Facilities for Oversized and Recreational Vehicle storage as defined within 18.92 are additionally subject to provisions in 18.38.200.150.

   .010   Required Enclosure and Screening. The color and materials of any wall or fence shall be compatible with any on-site buildings.

      .0101   Required Screening where visible from the Public Right-of-Way. The perimeter of any portion of a site upon which any outdoor use of an industrial nature, including storage, is permitted, shall be screened by one of the following:

         .01   Decorative masonry wall or building wall; or

         .02   Any other material as deemed appropriate by the Planning Director with the approval of a Minor Conditional Use Permit.

      .0102   Required Screening Adjacent to Residential Properties.

         .01   A solid masonry wall totaling not less than eight (8) feet in height, shall be required along, and adjacent to, any side or rear property line abutting any residential zone boundary; provided, however, said wall shall not be required adjacent to any lot zoned "T" Transition, which is under a resolution of intent to any non-residential zone, or any alley abutting any such zone boundary.

      .0103   Required Screening Adjacent to Nonresidential Properties.

         .01   A solid masonry wall or view-obscuring material fence such as vinyl or chain link fence interwoven with slats or building walls of not less than six (6) feet in height.

   .020   Location. Outdoor storage shall not be located in any required setback area. Where storage is established as an accessory use to a primary industrial use, it shall be confined to the rear of the main structure(s), or the rear two-thirds of the site, whichever is the more restrictive. When it is located adjacent to residential zones, it shall be at least fifteen (15) feet from the property line. This provision does not apply to facilities exclusively for Oversized and Recreational Vehicle Outdoor Storage.

   .030   Gates. All access gates shall be constructed with a solid and view-obscuring material to provide effective sight screening. Gates with chain link and interwoven slats shall be prohibited. All gates for access to the property shall swing inwardly or slide sideways. The gates shall be kept closed when not in use, except that the gate may be kept open during business hours, if the interior or contents of the storage yard cannot be seen from non-industrial areas or public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager and the Fire Department.

   .040   Surface Conditions. The storage area shall be properly graded and a layer of crushed angular rock at least three-inches thick, or a layer of concrete or approved asphaltic material or similar substance shall be placed over the entire surface, or as approved by City staff. Additional limitations may be imposed if vehicles, such as trucks or forklifts, are regularly used in this area.

   .050   Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall. Any graffiti shall be removed within twenty four (24) hours of occurrence. All required shrubs and vines planted shall be maintained as shown on plans submitted and approved by the Planning Services Division. Shrubs and vines that are diseased, damaged and /or dead shall be replaced in a timely manner.

   .060   Height of Storage. All outdoor storage shall be below the height of the enclosing fence or wall except for facilities exclusively for Oversized and Recreational Vehicle Outdoor Storage when not visible to the public right-of-way.

   .070   Vehicles and Parking. All required parking spaces shall be maintained and kept open for parking. All vehicles shall be parked or stored in an orderly manner. Required parking spaces and access ways may not be used for storage. Fire lanes shall be posted with "No Parking Anytime."

   .080   Liquids. All gasoline, oil or other liquids shall be drained and removed from any unregistered vehicle located in the storage area.

   .090   Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard or salvage yard, unless a junkyard or salvage yard has been approved as a use on the parcel.

   .100   Vacant Parcels. No storage shall occur on any vacant parcel, except as may be permitted for outdoor storage yards.

   .110   Temporary Storage of Building Materials. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

   .120   Hazardous Materials. No hazardous materials may be stored in a location exposed to rain. Hazardous materials storage shall comply with all applicable laws and regulations.

   .130   Prohibited Activity. No outdoor maintenance, repair or painting of materials and vehicles stored outdoors shall be allowed. No exterior public address systems shall be permitted.

   .140   Security. Rooftop address numbers for the police helicopter shall be indicated on plans submitted for building permits if a building is proposed. The letters shall be a minimum size of four feet in height and two feet in width. The numbers shall be painted or constructed in a contrasting color to the roofing material. The numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level.

   .145   Landscaping. Where visible from public view, the wall or fencing, other than gates, shall further be screened by fast-growing non-deciduous vines and/or shrubbery to prevent visibility into the outdoor area in accordance with Section 18.46.120. Non-deciduous trees of a size of not less than twenty-four (24) inch box, shall be planted on maximum twelve (12) foot centers along and adjacent to the entire fence within the required street setback area. Additionally, layered landscaping shall be utilized in the required setback area. Any parking area visible from a public right-of-way or a freeway shall be screened from view by landscaping or architectural devices to a height of thirty-six (36) inches.

   .150   Oversized and Recreational Vehicle Outdoor Storage. Outdoor storage of oversized or recreational vehicles with or without an on-site office or caretaker office/dwelling unit, may be permitted with a Conditional Use Permit provided such use meets the following requirements:

      .1501   No vehicle shall be used for lodging or sleeping accommodations while stored on the premises.

      .1502   The use is compatible with surrounding land uses.

      .1503   The use is located on a property that is:

         .01   Not located within the SC (Scenic Corridor Overlay Zone);

         .02   Irregularly shaped, which may cause it to be constrained by accessibility, visibility, or easements, or which may make it unsuitable for conventional types of development.

         .03   Either not located adjacent to any residential zone or is shown to be sufficiently buffered and/or screened from such zone;

      .1504   The use complies with the following site standards:

         .01   Minimum Lot Area. The minimum lot area for Oversized and Recreational Outdoor Storage facilities shall be within an integrated single development having a minimum overall site area of One and a Half (1.5) acres;

         .02   Permitted Encroachments within Minimum Required Setback Areas. Subject to approval of a Conditional Use Permit, the use may expand into the minimum setback requirements described in the underlying zone development standards. Any encroachment that conflicts with the California Building Code, as adopted by the City, shall not be permitted.

         .03   Landscaping and Screening. All landscaping and screening shall comply with Chapter 18.46 (Landscaping and Screening) with the exception of the provisions contained in this section. Non-deciduous trees of a size not less than twenty-four (24) inch box, shall be planted on maximum twelve (12) foot centers along and adjacent to the entire fence within the required street setback area. Additionally, layered landscaping shall be utilized in the required setback area.

            .010   Required Enclosure and Screening. Facilities for Oversized and Recreational Vehicle Outdoor Storage shall be enclosed to provide effective site screening from adjoining properties and public rights-of way as follows:

               .01   Required Screening where visible from the Public Right-of-Way. Any vehicular storage visible from a public right-of-way or a freeway shall be screened from view by a solid masonry wall, planted with vines so as to prevent graffiti, landscaped earthen berm, or any combination thereof, totaling not less than eight (8) feet in height, except where an access gate is required. Any access gates shall be constructed of view-obscuring material to provide effective sight screening. All stored Oversized and Recreational Vehicles shall be shall not be visible above the wall.

               .02   Required Screening Adjacent to Residential Properties. A solid masonry wall, planted with vines so as to prevent graffiti, landscaped earthen berm, or any combination thereof, totaling not less than eight (8) feet in height, shall be required along, and adjacent to, any side or rear property line abutting any residential zone boundary; provided, however, said wall or berm shall not be required adjacent to any lot zoned "T" Transition, which is under a resolution of intent to any non-residential zone, or any alley abutting any such zone boundary. Further, any access gates shall be constructed of view-obscuring material to provide effective sight screening.

               .03   Required Screening Adjacent to Nonresidential Properties. The perimeter of any portion of a site upon which any outdoor use of Oversized and Recreational Vehicle storage is permitted shall be enclosed to a height of not less than six (6) feet, either by a solid masonry wall, or view-obscuring material fence such as vinyl or chain link fence interwoven with slats or building walls, which incorporate live plants with adequate growing area, planted along and adjacent to said wall(s) or fence.

               .04   Required Screening of Parking Areas. Any parking area visible from a public right-of-way or a freeway shall be screened from view by landscaping or architectural devices to a height of thirty-six (36) inches. (Ord. 5920 1 (part); June 8, 2004: Ord. 5998 § 28; October 25, 2005: Ord. 6245 § 58; June 5, 2012: Ord. 6286 § 23; September 3, 2013: Ord. 6438 § 5; June 19, 2018: Ord. 6473 § 26; December 3, 2019: Ord. 6526 § 17; February 15, 2022: Ord. 6570 § 18; March 19, 2024.)

18.38.205 PLANT NURSERIES.

   All plant nurseries shall comply with the provisions of this section.

   .010   All plant nurseries shall adhere to the following operating conditions.

      .0101   All sales transactions shall take place within the enclosed building on-site.

      .0102   Outdoor storage except for plants, pottery, and fountains, shall be in accordance with the requirements below pertaining to outdoor storage.

      .0103   The property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery.

   .020   All new plant nurseries shall incorporate the following requirements into the development.

      .0201   That 4-foot high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.

      .0202   A final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approval. Plans shall reflect the following:

      .0203   The storage areas (for tools, equipment, and other related items) shall be surrounded on all sides by a substantial solid and/or opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section.

      .0204   Outdoor storage and display shall not be located in any required setback area and confined to the areas identified on the approved site plan.

      .0205   All gates for access to the property shall swing inwardly or slide sideways and shall be kept closed when not in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subject to approval by the Planning Director and/or City Traffic and Transportation Manager.

      .0206   Any proposed fence shall be decorative and located outside of the minimum landscape setback.

      .0207   All backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted for the Public Utilities Department, Water Engineering Division approval.

      .0208   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 devices (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).

      .0209   Plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of City Standards pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans.

      .0210   An on-site trash truck turn around area be provided per City Standards and as required by the Public Works Department, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits.

      .0211   Trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and 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. 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.

      .0212   Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds continuous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval.

      .0213   Any structure proposed for the nursery shall be designed to contain architectural elements typically incorporated into a retail building. Use of temporary trailers or modular structures is not permitted unless such structure is modified to appear like a permanent retail building. Elevation plans for any proposed structures shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits. Any decision by staff may be appealed to the Planning Commission consistent with Section 18.60.135.

      .0214   That “No Trespassing 602(k) P.C.” signs be posted at the entrances of parking lot and be located in other appropriate places as determined by the Police Department. Signs must be at least two (2) feet by one (1) foot in overall size with white background and black two (2) inch lettering.

      .0215   Prior to final building and zoning inspections, an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. (Ord. 6286 § 24; September 3, 2013: Ord. 6473 § 27; December 3, 2019: Ord. 6601 § 19; January 14, 2025.)

18.38.210 PORTABLE FOOD CARTS.

   Portable food carts used for commercial purposes shall comply with the provisions of this section.

   .010   The food carts can only be used as an accessory use to a home-improvement store or hospital that is larger than one hundred thousand (100,000) square feet.

   .020   A maximum of two (2) food carts are allowed per business.

   .030   The food carts shall not be visible from any public right-of-way.

   .040   The food carts shall not occupy a required parking space, and shall not be located in vehicular or pedestrian accessways.

   .050   Notwithstanding any other provision of this Code, the first violation of any provision of Section 18.38.210 by any person shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and the California Government Code. The second and all subsequent violations of said section committed by such person, whether such violation is of the same or a different provision of said section, shall be punishable as a misdemeanor. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5929 13; July 27, 2004.)

18.38.215 RESIDENTIAL USES OF MOTELS, COMMERCIAL AND OFFICE STRUCTURES.

   .010   Purpose. The purpose of this Section is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons by establishing the regulatory framework to achieve a high level of livability for residents and ensure compatibility with surrounding uses in support of City Council policies to develop a continuum of care that assists individuals in transitioning from homelessness and Emergency Shelters to Transitional and Supportive Housing.

   .020   Reserved.

   .030   Permitted Zone. The conversion of a structure to a residential use shall only be allowed within the "C-G" (General Commercial Zone) and "O-L" (Low Intensity Office Zone).

   .040   Location and Distribution. The location and distribution of the Supportive Housing units shall be determined on a project-by-project basis through a memorandum of understanding, exclusive negotiation agreement, purchase and sale agreement or other similar document between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of Transitional Housing, Supportive Housing, Emergency Shelters and services offered to the intended target population of this Section 18.38.215. The location authorizing documentation shall be completed prior to the review of an Administrative Housing Permit pursuant to Section 18.62.120 (Administrative Housing Permit).

   .050   Residential Density. The conversion of a structure to a residential use shall not be subject to any other otherwise applicable General Plan or zoning density requirements.

      .0501   Minimum and Maximum Density. In lieu of dwelling units per acre, a minimum of seven (7) residents and a maximum of one hundred (100) residents per acre shall be allowed.

      .0502   Minimum Number of Units. The conversion of a structure to a residential use shall include a minimum of thirty (30) residential units on-site, or less provided that the development include adequate onsite management and services as determined by the Director of Housing and Community Development Department.

   .060   Procedure. The approval process for the conversion of a conversion of an existing motel, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be processed as follows:

      .0601   Administrative Housing Permit. Conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be subject to the approval of an Administrative Housing Permit pursuant to Section 18.62.120 (Administrative Housing Permit).

      .0602   Additional Approvals Required. The following shall be approved in substantial form concurrent with approval of an Administrative Housing Permit. Minor modifications may be approved administratively if they are deemed to be in substantial conformance:

         .01   Affordability Covenant pursuant to subsection 18.38.215.100.

         .02   Wrap Around Services Plan pursuant to subsection 18.38.215.110.

         .03   Marketing and Tenant Selection Plan pursuant to subsection 18.38.215.130.

         .04   Exterior Lighting Plan pursuant to subsection 18.38.215.160.

         .05   Facility Management Plan pursuant to subsection 18.38.215.170.

         .06   Parking Management Plan pursuant to subsection 18.38.215.180.

         .07   Communications Plan pursuant to subsection 18.38.215.190.

      .0603   Design Review. Applicants of proposed conversions for residential uses shall submit conceptual plans to the Planning and Building Department and Housing and Community Development Department for design review prior to submittal of an Administrative Housing Permit.

      .0604   Housing Authority Agreement. To ensure proper development and operation of Supportive Housing units in accordance with the purpose and intent of this section, all applicants of proposed residential conversions projects pursuant to this section shall enter into a written agreement with the Anaheim Housing Authority acknowledging the requirements of this section. A draft agreement in substantial form shall be required prior to approval of an Administrative Housing Permit.

         .01   Both Departments will review project design, and seek to ensure compatibility of the conversion project to the existing neighborhood scale and character, and a high level of livability for residents, consistent with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines.

      .0605   Application. An application for Residential Uses of Motels, Commercial and Office Structures shall be processed in accordance with Section 18.62.120 (Administrative Housing Permit).

   .070   Supportive Housing Units. As a requirement of the Administrative Housing Permit to allow conversions of hotels, and other commercial and office structures, for residential uses, and prior to issuance of building permits for projects, the property owner(s) shall agree to the following:

      .0701   Small Projects. For projects with seventy (70) total units or less, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be fifty percent (50%) or more of the total units and offered to persons with incomes of up to sixty percent (60%) of area median income.

      .0702   Large Projects. For projects with more than seventy (70) total units, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be established and approved by the Housing and Community Development Department.

      .0703   Affordability Mix. The affordability targeting/mix for all projects shall be dictated by the affordable housing funding program requirements and approved by the Housing and Community Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.215.100.

         .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.

   .080   Transitional Housing and Multiple-Family Housing. Conversions of motel, office and commercial structures to Transitional Housing and Multiple-Family Housing shall only be allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070. Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive Housing shall be prohibited.

   .090   Maximum Rents. Affordable 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.

   .100   Affordability Covenants. The property owner(s) shall be required to 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 Housing and Community Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions:

      .1001   Identification of the affordable units.

      .1002   The initial rent for each unit.

      .1003   The method of calculating periodic rental increases.

      .1004   A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required as a result of project funding.

      .1005   The right of the Housing and Community Development Department to supply, or otherwise approve, the qualifications of the low income households who will rent the housing units.

      .1006   Any density bonus for which a developer may otherwise apply pursuant to Section 65915 of the California Government Code shall not be pursued in combination with the provisions of Section 18.38.215.

   .110   Wrap-Around Supportive Services Plan. Any proposal for conversion of a structure to a residential use shall be required to ensure appropriate on-site provisions of Wrap-Around Supportive Services (as defined in 18.38.100.1001) for the residents. The plan shall be acceptable to, and approved by, the Housing and Community Development Department.

      .1101   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.

      .1102   A minimum caseload of one (1) full-time employee per twenty (20) residents shall be provided.

      .1103   Supervision by case managers shall be detailed as part of the project's operations plan and subject to the approval of the Housing and Community Development Department.

      .1104   The standards are a minimum level of services and additional hours of service and enhanced levels of service are encouraged beyond these requirements.

   .120   Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply to projects for conversion to residential uses under Section 18.38.215:

      .1201   At a minimum, for the purposes of admissions into an affordable unit within a conversion project, an Anaheim preference shall apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds.

      .1202   When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application.

      .1203   For applicants who are homeless at the time of application, an Anaheim preference may be granted if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.

      .1204   For the purposes of this section, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral.

      .1205   The Anaheim preference shall be memorialized as part of the Affordability Covenant pursuant to section 18.38.215.100.

   .130   Marketing and Tenant Selection Plan. Applicants shall comply with an affirmative marketing plan approved by Housing and Community Development Department. The marketing plan shall include the following:

      .1301   Methods for informing the public and potential tenants about the federal fair housing laws.

      .1302   Procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the housing units without special outreach.

      .1303    Recordkeeping methods that will permit the Housing and Community Development Department to evaluate the actions taken by the Property Manager to affirmatively market the housing units at the project.

      .1304   Specific procedures for marketing and releasing housing units shall be approved by the Housing and Community Development Department.

   .140   Occupancy Limits. The maximum occupancy of the housing units in a project shall conform to the following provisions:

      .1401   For studio units, the maximum occupancy shall not exceed one (1) person, unless otherwise required by federal housing programs.

      .1402   For one (1) bedroom units, the maximum occupancy shall not exceed three (3) persons.

      .1403   If needed, as a reasonable accommodation and subject to on-site management approval, one additional person may be allowed to be part of the household. The conditions for such expectations shall be further defined in the property's Marketing and Tenant Selection plan required by subsection 18.38.215.130.

   .150   Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-B .

 

Table 38-B: Development Standards
Minimum Floor Area	Studio units: 250 square feet One-bedroom units: 400 square feet
Minimum Size of Recreational-Leisure Areas	200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/dining area shall be included as part of this requirement
Storage Areas	General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit
Parking and Loading	Requires Parking Demand Study pursuant to paragraph 18.42.040.010.0108 and a Parking Management Plan pursuant to subsection 18.38.215.180

 

      .1501   Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply.

      .1502   With the exception of 18.38.215.150.1501 and Table 38-B , all other development standards of the underlying zone shall apply.

      .1503   Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the underlying zone.

   .160   Exterior Lighting Plan. An exterior lighting plan 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.

   .170   Facility Management Plan. A facility management plan shall be submitted for review and approval by the Planning and Building Director, Housing and Community Development Director and Police Chief, or their designee, prior to the operation of the residential use. The management plan may be required to address additional specific needs and shall remain active throughout the life of the use. The management plan shall include, at a minimum, the following:

      .1701   A detailed plan and strategy for the long term 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.

      .1702   Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use.

      .1703   A system for monitoring of outdoor areas to minimize disruption to nearby land uses.

      .1704   A required on-site manager along with 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.

   .180   Parking Management Plan. A parking management plan shall be provided for approval by the Planning and Building Director and shall include the following:

      .1801   Parking spaces shall be made available for tenants of the housing units, their guests and employees and as stipulated in the approved parking management plan.

      .1802   The parking management plan shall include a map depicting open and reserved parking spaces, and procedures for removal of inoperable vehicles.

   .190   Communications Plan. A Communication and Outreach Plan shall be developed, subject to approval by the Housing and Community Development Director, to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. (Ord. 6465 § 2; June 4, 2019: Ord. 6483 § 8; June 9, 2020: Ord. 6555 §§ 37, 38; April 4, 2023: Ord. 6570 § 19; March 19, 2024.)

18.38.220 RESTAURANTS – OUTDOOR SEATING AND DINING.

   Outdoor Dining and Outdoor Seating shall be permitted as accessory uses to restaurants in all zones where restaurants are permitted or conditionally permitted.

   .010   Outdoor Seating. Outdoor Seating, as defined in Chapter 18.92 (Definitions), shall comply with all the following provisions:

      .0101   Furnishings may include tables, chairs, decorative benches and umbrellas.

      .0102   Furnishings shall not exceed a cumulative maximum of seven (7) tables and fifteen (15) seats.

      .0103   Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian walkway, required setback or parking area.

      .0104   A pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.

      .0105   All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department.

      .0106   An Outdoor Seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a restaurant to determine its parking requirements.

      .0107   Portable or non-fixed furnishings shall not be set up outside the restaurant more than one-half (0.5) hour prior to the opening of business, and shall be removed no later than one-half (0.5) hour after closing.

      .0108   No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication.

      .0109   At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building.

      .0110   The restaurant manager or business owner shall be responsible for the removal of all trash and debris, or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.

   .020   Outdoor Dining. Outdoor Dining, as defined in Chapter 18.92 (Definitions), shall comply with the following:

      .0201   The outdoor dining area shall be in full visibility, and under the control, of the restaurant. Where the sale of alcohol is proposed in conjunction with the outdoor dining area, the outdoor dining area shall be immediately adjacent to and take access to the restaurant.

      .0202   The outdoor dining area shall not encroach into any public right-of-way or any required setback, yard, landscaping or parking area. For restaurants developed within Commercial Retail Centers – Large, up to three (3) legal parking spaces adjacent to the restaurant they serve can be used for outdoor dining, subject to an Outdoor Dining Parking Permit as set forth in Chapter 18.42.130.

      .0203   The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant.

      .0204   The outdoor dining area shall be enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas.

         .01   The enclosure shall be at least 36-inches high or as otherwise required by Alcohol Beverage and Control for the consumption of alcohol.

      .0205   Outdoor dining areas over 1,000 square feet shall be included in the gross floor area of a restaurant to determine parking requirements.

      .0206   A conditional use permit shall be required for any outdoor entertainment provided in an outdoor dining area.

      .0207   The sale and/or consumption of any beer, wine or other alcoholic beverages in an outdoor dining area shall be permitted only if the main restaurant has a valid permit for on-site alcohol sales.

      .0208   The activities occurring in conjunction with the operation of the outdoor dining area shall not cause a noise disturbance to surrounding properties or businesses.

      .0209   No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication.

      .0210   Any accessory outdoor cooking facilities shall be well maintained in a neat and orderly manner. Any facilities not used on a regular basis shall be stored indoors.

      .0211   The business is responsible for maintaining free of litter the area adjacent to the outdoor dining area over which they have control.

      .0212   A pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.

      .0213 Outdoor furniture and accessories shall be kept clean, neatly maintained, with no ripped or faded material. Any un-maintained or damaged furniture or accessories shall be repaired or replaced immediately. (Ord. 5920 1 (part); June 8, 2004: Ord. 6286 § 25; September 3, 2013: Ord. 6425 § 16; December 19, 2017: Ord. 6432 § 30; April 10, 2018: Ord. 6526 § 18; February 15, 2022.)

18.38.225 SPECIAL EVENTS – FLAGS AND BANNERS.

   No person, business, or organization shall conduct Special Events – Flags and Banners without having first applied for and obtained a special event permit pursuant to this section.

   .010   "Special Events–Flags and Banners". The outdoor display of temporary signs, flags, banners or fixed balloons for the promotion of business activities that will be conducted within a building. The following types of banners are also considered Special Events – Flags and Banners:

       .0101   Grand Opening Banners.

      . 0102   Seasonal Banners.

      . 0103   Service-Bay Banners.

      . 0104   Public Construction Project Banners.

      . 0105   Special Event - Flags or Banners in Residential Zones.

      . 0106   Banners in conjunction with a Business Name Change.

   .020   Exceptions. The following are not subject to a special event permit:

      .0201   Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.

      .0202   The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).

      .0203   Private occasional parties which are not open to the public.

   .030   Special events on Center Street Promenade are not limited to the events or requirements listed in 18.38.225 and 18.38.230 and are subject to approval of the Planning and Building Director.

   .040   Location–Special Events–Flags and Banners may be allowed in any commercial zone; in any industrial zone subject to compliance with the provisions of subsection 18.38.225.070; and, in any residential zone, in conjunction with the sale, rent, or lease of residential units, in compliance with the provisions of subsection 18.38.225.070.

   .050   Duration. Special events permits shall be permitted for the following time periods:

      .0501   Unless otherwise expressly permitted by this Code, no special event permit shall be issued for a period in excess of nine (9) consecutive calendar days.

      .0502   No business or organization may be issued more than four (4) special event permits during any calendar year.

   .060   Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed.. Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) maximum amount per year allowed.

   .070   Regulations for Conduct of Special Events - Flags and Banners.

      .0701   Height. No fixed balloon shall exceed fifty (50) feet in height as measured from finished grade.

      .0702   Balloons. Metallic balloons, feather or sail-type banners, household linens utilized as banners, and roof-mounted banners and roof-mounted balloons and inflatables are prohibited.

      .0703   Location. All flags and banners that are visible to the public shall be subject to this section and shall at all times be maintained in good and attractive condition and removed prior to deterioration. Unless otherwise regulated by the following subsections, banners shall not be displayed in a required setback area, in any landscape area or on any fence and must be attached to and parallel with the face of the building for which the banner is intended and secured at all four corners of the banner.

      .0704   Size. The maximum area per banner shall be thirty-six (36) square feet.

      .0705   Number. The maximum number of banners permitted is one per street frontage.

   .080   Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening banner permit does not count toward the annual limit of special event permits regulated by subsection 18.38.225.60.

   .090   Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit.

   .100   Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or the name of the commercial center, but shall not include the name of any individual business or product.

   .110   Service-Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right-of-way. The maximum area per banner shall be twenty-four (24) square feet.

   .120   Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and/or vehicular access to said business. Approval of the permit shall be subject to the following provisions:

      .1201   The permit shall be limited to one (1) banner, not to exceed thirty-six (36) square feet in area;

      .1202   The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business;

      .1203   The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and

      .1204   Only one (1) special event permit is required for the duration of the construction project.

   .130   Special Event–Flags or Banners in Residential Zones. Special Event–Flags or Banners are permitted in all residential zones , subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in subdivisions and the rent or lease of apartment units and all such displays are located subject property. The display shall be subject to the following provisions.

      .1301   Duration of Permits.

         .01   Apartment buildings containing five or more units are eligible for Special Events–Flags and Banners for one three-day weekend, Friday through Sunday, for a total of twelve (12) permits per calendar year, to promote the availability of rental units, subject to the approval of a special event permit. There shall be a minimum of three (3) weeks between Special Events–Flags and Banners permits for apartments.

         .02   The initial sale of new homes or condominiums are permitted to display flags and banners for up to two (2) years from the date of permit issuance to advertise new for-sale residential tracts and new condominium complexes. New rental apartment complexes are permitted to display flags and banners to advertise new complexes for a total of six (6) months to advertise new rental apartment complexes from the date of permit issuance or permit final.

      .1302   Display. The display shall be subject to the following provisions:

         .01   No more than ten (10) total flags shall be permitted or displayed for any such project or development. No flag shall exceed twelve (12) square feet in area or six (6) feet in any one dimension.

         .02   One banner per building elevation facing a public or private street, or parking lot serving the development, shall be permitted for apartment or condominium projects. The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the street or seventy-five (75) square feet per building elevation, whichever is less.

         .03   All flags and banners shall be placed on ground-mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof.

      .1303   Banner in conjunction with a Tent. A single banner may be placed on a tent authorized by a special event permit, provided such banner is not placed on top of the tent.

      .1304   Banners in conjunction with a Business Name Change. Banners shall be allowed by special event permit for the covering of a permanent sign with a banner in the event of a business name or ownership change during the interim period when a new permanent sign has not been installed. Such banners shall be permitted for a period of no longer than sixty (60) days and shall not count towards the annual limit of special event permits regulated by subsection 18.38.225.60.

   .140   Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.

   .150   Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.

   .160   Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.

   .170   Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.

   .180   Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.

      .1801   Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).

      .1802   Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.

      .1803   Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.

      .1804   Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).

   .190   Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 19; February 15, 2022.)

18.38.230 SPECIAL EVENTS – OUTDOOR ACTIVITY.

   No person, business, or organization shall conduct Special Events – Outdoor Activity without having first applied for and obtained a special event permit pursuant to this section.

   .010   "Special Events–Outdoor Activity". Any event, promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.

   .020   Exceptions. The following are not subject to a special event permit:

      .0201   Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.

      .0202   The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).

      .0203   Private occasional parties which are not open to the public.

   .030   Location - Special Events – Outdoor Activity. Special Events – Outdoor Activity may be allowed, subject to a special event permit, in the following locations:

      .0301   Any property where the use is one for which a conditional use permit has been issued authorizing a use which is permitted or conditionally permitted in any commercial zone;

      .0302   Any public or private elementary, junior high or senior high school;

      .0303   Any location that has a conditional use permit for community and religious assembly.

      .0304   For auto dealerships adjacent to a freeway that is over five (5) acres in size, the following special events may be permitted in locations approved by the Planning Services Division outside of landscaped setbacks, visitor parking areas and vehicular line of sight triangles:

         .01   One weekend outdoor event each month.

         .02   One canopy/tent to be erected for a period of one month, four times per year.

         .03   One ground-mounted inflatable to be displayed for a period of one month, four times per year.

         .04   Non-metallic balloons on displayed vehicles for sale.

         .05   "Snow cone" banners with sign copy, or other merchandising material on light standards within vehicle display areas and light standards along the perimeter landscaping of each site.

         .06   One banner with a maximum size of 120 square feet on each building elevation.

      .0305   Special events on Center Street Promenade are not limited to the events or requirements listed in 18.38.225 or 18.38.230 and are subject to approval of the Planning and Building Director.

   .040   Duration. Special Events – Outdoor Activity permits shall be permitted for the following time periods:

      .0401   Unless otherwise expressly permitted by this Code, no Special Events – Outdoor Activity shall be issued for a period in excess of nine (9) consecutive calendar days.

      .0401   No business or organization shall be issued more than four (4) special event permits during any calendar year.

      .0402   Multiple addresses for one business shall not be utilized in order to acquire additional special event permits beyond the four (4) per year allowed.

      .0403   Change of business ownership at an address shall not automatically entitle the new business owner to additional special event permits beyond the four (4) per year allowed.

   .050   Regulations for Conduct of a Special Event.

      .0501   Special Events – Outdoor Activity.

         .01   Permitted Sales. The sale and display of products shall be directly related to the business located on the same property and said products shall constitute a minimum of twenty five percent (25%) of the total gross receipts of the business.

         .02   Parking lots. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. Activities located in a parking area shall not obstruct any Americans with Disabilities Act (ADA) required paths of travel, including market walkways, and/or parking stalls. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. Special events are not permitted in or on parking structures.

         .03   Height. No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade.

         .04   Structures. Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division (if the use of electricity is proposed). All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division.

         .05   Temporary Living Quarters. Temporary living quarters or other temporary structures to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department, Building Division and the Electrical Engineering Division to assure compliance with requirements of all related codes.

         .06   Hours of Operation. The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. Outdoor activities that may adversely affect adjacent or nearby uses will not be permitted.

         .07   Music. Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels) and shall not cause disturbance to surrounding uses.

         .08   Signs. Outdoor events are permitted to display one sign advertising the outdoor event. Said sign shall be removed at the conclusion of the special event.

   .060   Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.

   .070   Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.

   .080   Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.

   .090   Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.

   .100   Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.

      .1001   Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).

      .1002   Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.

      .1003   Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.

      .1004   Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).

   .110   Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 20; February 15, 2022.)

18.38.235 SPECIAL EVENTS – CHRISTMAS TREE LOT AND PUMPKIN PATCHES.

   No person, business, or organization shall conduct Special Events – Christmas Tree Lot and Pumpkin Patches without having first applied for and obtained a special event permit pursuant to this section.

   .010   Exceptions. The following are not subject to a special event permit:

      .0101   Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.

      .0102   The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).

      .0103   Private occasional parties which are not open to the public.

   .020   Location - Christmas tree lots and pumpkin patches may be allowed in any commercial zone, "T" (Transition) Zone or "I" (Industrial Zone).

   .030   Duration - Christmas Tree Lots and Pumpkin Patches. The sale or disposition of Christmas trees or Halloween pumpkins shall expire on the 7th day of January of the year immediately following the Christmas or Halloween for which the permit was approved and issued. For lots that are solely used for pumpkin sales, the permit shall expire ten (10) business days after Halloween.

   .040   Signs. One event sign may be permitted in conjunction with the Christmas tree lot or pumpkin patch and remain on the property for the duration of the special event.

   .050   Equipment. There shall be maintained in each premises within which Christmas trees or Halloween pumpkins are sold or offered for sale a fire extinguisher in good order and condition and of a water type approved by the Chief of the Fire Department.

   .060    Operator. A person of at least eighteen years of age shall be on duty at all times during the sale or disposition of Christmas trees or Halloween pumpkins and all sales shall be made from the premises.

   .070   Site. The premises shall not be established until adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions.

   .080   Security. If guards or watchmen are provided for the purpose of watching Christmas trees or Halloween pumpkins on any premises, such guards or watchmen shall be at least eighteen years of age.

   .090   Sanitation. Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale or disposition of such Christmas trees or Halloween pumpkins, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works.

   .100   Temporary Structures. Provisions may be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. No such temporary structure, house trailer or tent shall be permitted on the premises unless the same shall have been expressly approved by the Building Division.

   .110   Inspections. For Christmas tree lots and pumpkin patches, after the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. If the inspection reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas trees or Halloween pumpkins until such time as said premises do conform to such provisions.

   .120   Clean Up Required. In order to insure that all areas used for Christmas tree lots and pumpkin patches are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by resolution of the City Council for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event.

   .130   Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.

   .140   Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.

   .150   Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.

   .160   Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.

   .170   Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.

      .1701   Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).

      .1702   Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.

      .1703   Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.

      .1704   Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).

   .180   Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 21; February 15, 2022.)