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.010 Compliance with the Hotel Circle Specific Plan Code. All uses and developments in this zone shall comply with all applicable provisions of this Code expressly referred to in this chapter, including, unless specifically amended herein, the provisions of Chapters 18.92 (Definitions); provided, however, that in the event of any conflict or inconsistency between any provision contained in any other chapter of the Anaheim Municipal Code and any provision contained in this chapter, the provision contained in this chapter shall govern and apply. The provisions of this chapter shall supersede the provisions set forth in the Commercial-Recreation (CR) Zone.
.020 Site Development Standards. The site development standards hereinafter set forth in this chapter have been adopted to operate in conjunction with the Hotel Circle Specific Plan Area Design Guidelines.
.030 Compliance with City of Anaheim Codes. All grading plans shall comply with all applicable regulations, and shall be reviewed and processed in accordance with the procedures contained in Title 17 (Land Development and Resources) of the Anaheim Municipal Code. All construction shall comply with the provisions of the Uniform Building Code, as adopted by the City of Anaheim, and applicable sections of Title 15 (Building and Housing) of the Anaheim Municipal Code. Construction within the Specific Plan Area may commence only after the Planning Commission approves the final site plan, and finds that the construction proposal is in substantial compliance with Development Standards and Design Guidelines of the Hotel Circle Specific Plan. The issuance of building permits may only occur after final site plan approval has been obtained from the City of Anaheim, subject to the procedures set forth in subsection 18.118.040.020 (Final Site Plan Approval).
.040 Lot Line Adjustment. Lot line adjustments within the Hotel Circle Specific Plan shall comply with all applicable regulations, and shall be reviewed and processed in accordance with the procedures contained in Title 17 (Land Development and Resources) of the Anaheim Municipal Code.
.050 Number of Hotel Rooms. In addition to the existing two (2) hotels with two hundred sixty-nine (269) rooms, and the redesigned Katella hotel with two hundred fifty (250) rooms, the Specific Plan permits the development of two hotels with up to four hundred fifty (450) rooms, for a total of nine hundred sixty-nine (969) rooms, and other permitted accessory uses. The approximate number of rooms within each hotel is established on Exhibit 18 of the Hotel Circle Specific Plan document. In the event that any of the proposed hotels within the Specific Plan Area, as shown in Exhibit 18, are scaled down in density or height, such hotels shall be deemed to be in conformance with the Specific Plan.
Any of the permitted primary or accessory uses may be located at any location within the Specific Plan Area, provided said uses comply with the development standards set forth herein. Any changes in the location of the uses, as set forth in Exhibit 18 of the Specific Plan, will be reviewed and processed in accordance with subparagraph 18.118.040.0201.01.
.060 Orderly Development. The provisions set forth in this Specific Plan, including the development standards, shall allow for the orderly development of all proposed hotels, parking facilities and other related/accessory uses.
.070 Applicability to New Development. The development standards contained herein shall apply to all newly proposed developments within the Hotel Circle Specific Plan boundaries.
.080 Applicability to Expansion. The site development standards in this chapter shall apply to the structural expansion portion of every building hereinafter expanded, in addition to all requirement set forth in the Specific Plan.
.090 Zoning Code. Any reference to the Zoning Code made in this chapter shall mean Title 18 of the Anaheim Municipal Code.
.100 Future Approvals. In adopting Resolutions 94R-194 and 94R-195, approving and adopting the Specific Plan, the City Council of the City of Anaheim made certain findings of consistency between the General Plan of the City and the Specific Plan. In granting future approvals, as contemplated by this chapter and by the Specific Plan, the particular person or body so acting shall not do so in such a manner as to abrogate or nullify those findings. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004.)
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word “shall” is always mandatory and not merely directory. Any words, terms or phrases not defined by this chapter shall have the same definition given in Chapter 18.92 (Definitions).
.010 “A” Words Terms and Phrases.
.0101 “Accessory Use, Permitted.” A “Permitted Accessory Use” is a use which is considered to be compatible with a permitted primary use, while being clearly incidental to and integrated with the permitted primary use. A “Permitted Accessory Use” is permitted as of right, provided that the specific proposal for such a use conforms to all requirements of the Specific Plan. A “Permitted Accessory Use” is a use which is secondary or subordinate to a permitted primary use.
.030 “C” Words Terms and Phrases.
.0301 “Centerline.” A reference line indicating the center of a wall or street.
.0302 “Commercial-Recreation (CR) Area.” An area within the City of Anaheim designated as a family-oriented tourist destination that encourages the development of integrated facilities in attractive settings for retail businesses directly related to entertaining, lodging and supplying services to tourists and visitors, as indicated in the City of Anaheim General Plan.
.040 “D” Words Terms and Phrases.
.0401 “Development.” The improvement of the property for purposes of constructing the structures, improvements and facilities comprising the project, as set forth in the Specific Plan, including, without limitation: grading; the construction of infrastructure and public facilities relating to the project whether located within or outside the property; the construction of any structure; and the installation of utilities and landscaping.
.0402 “Drive.” An on-site vehicular passageway between Clementine and Zeyn Streets for the exclusive use of the occupants of a project or property and their guests. A drive shall not be considered a street. Parking shall be permitted on a drive, provided the drive complies with the applicable City Standard on file in the office of the Director of Public Works and Planning Director pertaining to off-street parking dimensions.
.0403 “District A.” That portion of the Specific Plan Area comprising approximately five and ninety-five hundredths (5.95) acres, and more particularly described in Attachment A of Ordinance No 5614.
.0404 “District B.” That portion of the Specific Plan Area comprising approximately eighty-five hundredths (.85) acre, and more particularly described in Attachment B of Ordinance No. 5614. (Ord. 5614 § 1; October 21, 1997: Ord. 5998 § 77; October 25, 2005.)
.050 “F” Words Terms and Phrases.
.0501 “Fence.” An artificially constructed barrier, constructed solely of metal or metal and wood, and intended to enclose and screen areas from adjacent property and/or public rights-of-way.
.0502 “Full Service Hotel.” Provides restaurant(s), retail space, and meeting/banquet facilities which are available to guests and the general public. Full service hotels may include standard guest rooms, suites, or a combination of both.
.060 “G” Words Terms and Phrases.
.0601 “General Plan.” The City's comprehensive, long-term planning document which sets forth the goals and objectives for the City.
.0602 “Gross Area” or “Gross Acres.” The entire land area (in acres) within the boundary of the Specific Plan Area (which entails the consolidation of nine individual parcels), measured to the right-of-way line of any abutting public street. The gross acreage of the Specific Plan includes property for the previously approved or built hotels, which are incorporated into the Hotel Circle project for planning purposes.
.0603 “Gross Square Footage.” The total square footage of a building or structure, or a specific area within a building, including the exterior walls of all floors.
.0604 “Guest Room.” A hotel guest room with a keyed entry, which provides sleeping and sitting areas and a full bath.
.070 “H” Words Terms and Phrases.
.0701 “Hotel/Motel.” Provides guest rooms or suites, and may include continental breakfast service, game room, gift shop and gym for guests.
.080 “L” Words Terms and Phrases.
.0801 “Lot” or “Parcel.” (1) A “Parcel” of real property, shown on the effective date of this ordinance as a delineated parcel of land, with a number or other designation, on a plat recorded in the Office of the County Recorder of Orange County; or (2) a “Parcel” of real property not delineated as (1) above, abutting at least one (1) public street, and held under separate ownership from adjacent property prior to the effective date of the ordinance adopting this chapter; or (3) a parcel of real property not delineated as in (1) above, containing an area not less than the prescribed minimum square footage and lot width required for this zone, and abutting at least one (1) public street, if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to the effective date of the ordinance adopting this chapter.
.090 “P” Words Terms and Phrases.
.0901 “Parking Facilities.” An area or structure intended for the temporary storage of automobiles and other vehicles. Such facilities may consist of, but are not limited to, surface parking lots, parking structures and parking areas under buildings, or subterranean parking.
.0902 “Planning Director.” The “Planning Director” of the City of Anaheim, or his or her duly authorized designee.
.0903 “Porte-Cochere.” An accessory use consisting of a reserved space, roofed or unroofed, attached to the side or front of a building, and established for the convenient loading and unloading of passengers.
.0904 “Primary Use, Permitted.” A “Permitted Primary Use” is a use that is contemplated to be the main and predominant use. Such use is permitted as of right, provided that the specific proposal for such use conforms to all requirements of the Specific Plan.
.0905 “Project.” The development “Project” contemplated by the Hotel Circle Specific Plan consists of: two (2) existing hotels with two hundred sixty-nine (269) rooms; the redesigned Katella Hotel with two hundred fifty (250) rooms, including up to a fifteen thousand (15,000) square foot freestanding restaurant; and the development of two (2) hotels with up to four hundred fifty (450) rooms, for a total of nine hundred sixty-nine (969) rooms; and other permitted uses as set forth herein, including but not limited to, all on-site and off-site improvements.
.0906 “Public Right-of-Way.” Any area of real property dedicated to or owned by the City of Anaheim, or upon which the City of Anaheim holds any easement, for public street, alley, sidewalk, landscape, utility or pedestrian purposes; and accepted by resolution of the City Council.
.100 “R” Words Terms and Phrases.
.1001 “Restaurant, Enclosed.” Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation, and shall constitute not less than twenty-five percent (25%) of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function.
.1002 “Restaurant, Outdoor Dining.” Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation area of a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five percent (25%) of the gross floor area.
.1003 “Restaurant, Theme Style.” Any establishment which is architecturally and/or functionally themed, and is engaged in the business of preparing and serving full meals, provided that such activities shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation.
.1004 “Restaurant, Walk-Up.” Any establishment which is engaged in the business of preparing and serving food on a self-service basis, where service to the consumer is by means of a window or opening to the outside of the building, and the food may be consumed either inside or outside the building.
.1005 “Room.” A hotel “Room” with a keyed entry, which may be a guest room or suite, as defined in this section.
.110 “S” Words Terms and Phrases.
.1101 “Site Plan.” A plan showing the details of building locations, structures, parking facilities, signs, vehicular access, preliminary landscaping and architectural design for a project or building site.
.1102 “Specific Plan Area.” The words "Specific Plan Area" shall mean the Hotel Circle Specific Plan Area, including all facilities and improvements therein.
.1103 “Suite.” Hotel guest accommodations which provide a living room area separate from the bedroom(s) and bath(s) area. Typical living room areas include a game table, sofa, television, refrigerator, microwave oven and small stove as part of “Suite” amenities. Typical bedroom areas include one (1) or two (2) bedroom(s) with bath(s), and a television, closet, phone and dresser. A hotel guest “Suite” shall be considered as one room for the purpose of total room count permitted in the Specific Plan Area, even if it includes more than one room.
.120 “T” Words Terms and Phrases.
.1201 “Temporary Use.” A “Temporary Use” is a use which is allowed only for a specific period of time, either as an interim use of a site prior to its conversion to a primary, accessory or conditional use, or as a use necessary to implement the conversion of a site to a permanent use. A “Temporary Use” is subject to the regulations described in this chapter.
.1202 “Turf Block.” Any one of several paving products made of concrete or plastic, which permit turf or other low-growing plant materials to grow through the paving so that the paving is not easily seen. “Turf Block” paving is intended for occasional vehicle traffic, such as when required for emergency vehicle access through landscaped areas.
.130 “U” Words Terms and Phrases.
.1301 “Ultimate Planned Right-of-Way.” The right-of-way designated in the Circulation Element of the Anaheim General Plan. Required setbacks shall be measured from the ultimate planned right-of-way shown on the General Plan, including, where applicable to the property, any supplemental lanes in conformance with Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time.
(Ord. 5944 35; September 28, 2004.)
.140 "V" Words Terms and Phrases
.1401 "Vacation Ownership Resort." A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time, which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A "Vacation Ownership Resort" interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in real property.
.1402 "Valet Parking." A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users' vehicles and moves, parks, stores or retrieves the vehicle.
.150 “W” Words Terms and Phrases.
.1501 “Wall.” (1) The vertical exterior surface of a building; (2) vertical interior surfaces which divide a building into rooms; (3) an artificially constructed barrier, constructed predominately of masonry and other materials, such as metal or wood, and which is intended to enclose or screen areas of land. As defined herein, “Masonry” shall include, but not be limited to: concrete “Masonry” units (such as precision concrete block, slump block or other similar products), brick, concrete (either pre-cast or cast-in-place) and stucco.
.160 “Z” Words Terms and Phrases.
.1601 “Zero Setback.” No building setback provided for structures adjacent to interior property lines, provided no easements are required for underground utilities.
.1602 “Zoning Ordinance.” The City of Anaheim “Zoning Ordinance” for the Commercial-Recreation Area, which was adopted by City Council on August 14, 1990. Said ordinance incorporates specific provisions encouraging the assemblage of contiguous parcels of land for master planning, and allows for the reclassification of property in the C-R Area to the Specific Plan Zone, with a separate set of development standards. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 1 (part); June 8, 2004: Ord. 6245 § 109; June 5, 2012: Ord. 6286 § 63; September 3, 2013: Ord. 6432 § 45; April 10, 2018.)
The methods and procedures for implementation and administration of the Specific Plan are prescribed as follows:
.010 Implementation. The Specific Plan shall be implemented through the processing of and approval of final site plans, prior to the issuance of building permits for permitted primary and accessory uses and structures, except as expressly provided in paragraph .0203 of subsection 18.118.040.020. For uses requiring a conditional use permit or a waiver of code requirements, final site plans shall be submitted and reviewed for consistency with the Specific Plan, in conjunction with the hearing on the conditional use permit or waiver. (Ord. 5625 § 1; November 18, 1997.)
.020 Final Site Plan Approval. Final site plans (as described in this section, and hereinafter collectively referred to as the "final site plans") shall be processed in the following ways:
.0201 Process for Approval.
.01 Planning Director Approval. Final site plans for permitted primary and accessory uses and structures within the Specific Plan Area shall be submitted to the Planning Department, for review and approval by the Planning Director pursuant to the requirements in Chapter 18.70 (Final Plan Review). If the Planning Director finds the Final Site Plan to be in conformance with the Specific Plan and the provisions of this Chapter, the Planning Director shall approve the Final Site Plan. The Planning Director’s decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan.
.02 Repealed by Ord. 5625, 11/18/97
.0202 Content of Final Site Plan Submittal. Final dimensioned site plans shall contain the following information for the City's review:
.01 Location of existing property lines, lot line adjustments, if any, and existing and prospective easements.
.02 Proposed uses of property, location of buildings, vehicular and pedestrian circulation parking areas, including buses, parking structures, and landscape and open space areas.
.03 Proposed building floor plans and elevations, including building materials and colors.
.04 Preliminary landscaping plans, indicating the extent, location, size and type of proposed landscaping.
.05 Tabulation of parking count, square footage of buildings.
.06 Fence and wall locations, indicating the type and height of fencing proposed along any lot line, or any screen walls within the site.
.07 Signage plans , indicating the proposed signage program, including but not limited to, any identification, business or other signs; and specifying the size, height, location, color, material and lighting of such signs.
.08 Conceptual grading and drainage plans showing finished floor elevations.
.09 Service areas, including details of trash pick-up.
.10 Utility locations (above and below ground).
.11 Structural height plans, elevations and cross-sections demonstrating compliance with the height provisions of this Code.
.12 Lighting plans.
.13 Roof- and ground-mounted equipment location and screening treatment.
.0203 Final Site Plan Exemptions. The following are exempt from the final site plan review and approval process:
.01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building.
.02 Minor building additions or improvements interior to or at the rear of a building or development complex, which are not visible from the public right-of-way; do not exceed 5% of the gross square footage of the existing buildings, or 1,000 gross square feet, whichever is the lesser; are in substantial conformance with the building envelope; and are in conformance with the Design Plan and the zoning and development standards set forth in this chapter.
.03 Signage, including Anaheim Resort freestanding monument signs, wall signs, and on-site directional signs, except as provided for in paragraph 18.118.145.020 (Conditionally Permitted Signs), and which signs are in conformance with the Design Plan and the zoning and development standards set forth in this chapter.
.04 Landscape improvements or modifications which are not in connection with building modifications which require final site plan review and approval.
.05 The above-noted plans shall be submitted to the Building Division of the Planning Department, and shall be reviewed for conformance with all applicable provisions of the Specific Plan, prior to the issuance of building, landscape or signage permits. (Ord. 5625 § 2; November 18, 1997.)
.030 Site Plan Consistency.
.0301 Final Site Plan Conformance. Following approval of a final site plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final site plan, a revised final site plan may be submitted to the Planning Director. If the Planning Director determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan, and the general intent of the final site plan previously approved by the Planning Commission, the revised final site plan may be approved by the Planning Director without submittal to the Planning Commission. The decision of the Planning Director shall be final, unless appealed to the Planning Commission, within ten (10) days from the date of such decision. Notwithstanding the foregoing, the Planning Director may have the discretion to refer consideration of the revised final site plan to the Planning Commission as a Public Hearing pursuant to Section 18.60.090 and 18.60.100. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final site plan, the revised final site plan may be approved by the Planning Commission. The decision of the Planning Commission shall be final, unless appealed to the City Council within ten (10) days from the date of such decision.
.040 Approval of Lot Splits, Boundary and Acreage Variations. Lot splits, boundary and acreage variations shall comply with all applicable regulations, and shall be reviewed and processed in accordance with the procedures contained in Title 17 (Land Development and Resources) of the Anaheim Municipal Code.
.050 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.72 (Specific Plans). (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 1 (part); June 8, 2004: Ord. 6156 §§ 48, 49; September 22, 2009: Ord. 6473 § 49; December 3, 2019: Ord. 6601 § 40; January 14, 2025.)
Notwithstanding any other provisions of this chapter, the following additional limitations shall apply to the conduct of any use permitted in this zone:
.010 All uses, except service stations, automobile parking lots, semi-enclosed restaurants, or as otherwise exempted in this chapter, shall be conducted wholly within a building.
.020 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, gas, vibrations, or other similar causes detrimental to the public health, safety or general welfare.
.030 All stores shall deal primarily in new merchandise, excepting as otherwise specified in this chapter. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004.)
Subject to the limitations prescribed in Section 18.118.050 (Permitted Uses and Structures – General), the following buildings, structures and uses, either singly or in combination, shall be permitted in this zone:
.010 Hotels & Motels.
.020 Restaurants (enclosed, outdoor dining, theme style and walk-up), as defined in Section 18.118.030 ( "R" Words, Terms and Phrases), with or without sale of alcoholic beverages for on-premises consumption. Restaurants allowed as permitted uses shall be full service establishments. Such establishments may provide take-out service, but as a limited, ancillary function only. (Ord. 5625 § 3; November 18, 1997.)
.030 Vacation ownership resorts (up to a total of 830 rooms in District A, and 139 rooms in District B of the Hotel Circle Specific Plan Area), in compliance with the requirements of Section 18.118.030 (Requirements for Vacation Ownership Resorts). (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5614 § 2; October 21, 1997: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 110; June 5, 2012.)
.010 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use, or as specifically approved where clearly incidental to and integrated with a conditional use:
.0101 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of a primary use.
.0102 Automobile/vehicle parking lots, or structures providing off-street parking spaces, as required by this Code for uses permitted under this chapter.
.0103 Confectionery shops, including candy stores, ice cream parlors, and establishments selling baked goods (including but not limited to, cookies and muffins) for on-premises sales only (not on-premises consumption).
.0104 Meeting/banquet facilities.
.0105 Sales of alcoholic beverages for on-premises consumption.
.0106 Signs, as permitted pursuant to Section 18.118.140 (Sign Regulations – Advertising and Identification).
.020 The following accessory uses may be conducted where clearly incidental to and integrated with a permitted primary use, excluding restaurants, and as otherwise limited herein:
.0201 Amusement arcades, only when integrated within a hotel, motel or vacation ownership resort, or within an entertainment facility subject to the provisions of Section 18.16.050 (Amusement Devices) of the Anaheim Municipal Code.
.0202 Auto rental agency offices, only when integrated within a hotel, motel or vacation ownership resort, and with no on-site storage or display of rental cars.
.0203 Banking facilities, including automated teller machines.
.0204 Barber shops.
.0205 Beauty shops.
.0206 Book stores, including newspaper and periodical sales.
.0207 Breakfast room for the use of guests, as part of a hotel, motel or vacation ownership resort.
.0208 Business center, strictly for the use of a hotel, motel or vacation ownership resort guests.
.0209 Clothing stores.
.0210 Custom print and art shops.
.0211 Day care services, only when integrated within a hotel, motel or vacation ownership resort, and intended for the use of the guests and/or employees of such hotel, motel or vacation ownership resort.
.0212 Drugstores.
.0213 Floral shops.
.0214 Health spas and physical fitness centers, only when integrated within a hotel, motel or vacation ownership resort, and limited strictly to the use of the guests and/or employees of such hotel, motel or vacation ownership resort.
.0215 Jewelry stores.
.0216 Laundry and dry cleaning facilities, only when integrated within a hotel, motel or vacation ownership resort.
.0217 Luggage and accessory shops.
.0218 Miniature golf facilities (indoor or outdoor).
.0219 One (1) caretaker/manager residential unit, less than one thousand two hundred twenty-five (1,225) gross square feet in size, and only when integrated within a hotel or motel or vacation ownership resort complex, subject to compliance with the parking standards for multiple-family dwellings in Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading).
.0220 Photo supply shops.
.0221 Postal and copy service facilities.
.0222 Recreational facilities (including but not limited to, outdoor playground areas, tennis and racquetball courts, and swimming pools), only when integrated as part of a hotel, motel or vacation ownership resort.
.0223 Retail uses, only when integrated into a hotel, motel or vacation ownership resort.
.0224 Sales of alcoholic beverages for off-premises consumption, only in conjunction with a hotel, motel or vacation ownership resort only.
.0225 Shoe repair shops.
.0226 Souvenir, gift, and/or novelty shops.
.0227 Ticket agencies.
.0228 Tobacco shops.
.0229 Travel agencies.
.030 Valet parking that is integrated with a permitted primary use or a conditionally permitted primary use is allowed, provided a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 111; June 5, 2012: Ord. 6432 § 46; April 10, 2018.)
The following temporary buildings, structures and uses shall be permitted, subject to the conditions and limitations specified herein:
.010 Contractor's Office and/or Storage. Temporary structures, including the housing of tools and equipment, or containing supervisory offices in connection with construction projects, may be established and maintained during the progress of such construction on such projects; provided the time of such use shall not exceed one (1) year, unless a request for an extension of time for good cause is approved by the Planning Director.
.020 Temporary Parking on Vacant Land. Temporary paved parking uses shall be permitted on vacant land as an accessory use to an existing hotel, for a period not to exceed two (2) years, or whenever another permanent use is built on the site, whichever occurs first, subject to the approval of the City Traffic and Transportation Manager. Annual extensions may be granted, subject to the review and approval of the City Traffic and Transportation Manager.
.030 Special Events and Temporary Flags, Banners and Balloons. The temporary use of premises for special events as defined in Section 18.92 (Definitions) shall be subject to compliance with the provision of Sections 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations) and 18.44.170 (Temporary Signs – Special Event Permit) of Chapter 18.44 (Signs). (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004.)
Due to the uniqueness of the Commercial-Recreation Area as a tourist and visitor center, and the associated concerns of the circulation and traffic system, other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted in this zone; provided a conditional use permit is approved therefor, pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). Proposed plans for related signage shall be submitted with each conditional use permit application, and shall be subject to approval by conditional use permit.
.010 Amusement Parks, Aviaries, Zoos. Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms and vacation ownership resorts, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit.
.020 Massage Establishments. Massage establishments, only when integrated within a hotel, motel or vacation ownership resort, for which a permit is required, pursuant to Section 18.16.070 (Massage Establishments).
.030 Art galleries.
.040 Automobile Car Washes. Automobile car washes, only in conjunction with service stations.
.050 Automobile Rental Agencies. Automobile rental agencies, with on-site storage and/or display of rental cars, whether or not in conjunction with a hotel, motel or vacation ownership resort.
.060 Automobile Service Stations. Automobile service stations, subject to the requirements of Section 18.38.070 (Automotive Service Stations) of Chapter 18.38 (Supplemental Use Regulations), except as certain associated uses are prohibited in this subsection. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property, agreeing to remove the structures and underground tanks in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. Under no circumstances shall the following uses be permitted in conjunction with any service station facility:
.0601 The sale of alcoholic beverages for on-premises or off-premises consumption.
.0602 Convenience markets or mini-markets.
.0603 Rental and/or display of utility trailers.
.0604 Tow truck operations.
.070 Automobile/vehicle parking. Automobile/vehicle parking lots or parking structures not otherwise permitted by Section 18.118.070 (Permitted Accessory Uses and Structures).
.080 Bowling alleys. Bowling alleys, including the sale of alcoholic beverages for on-premises consumption.
.090 Churches.
.100 Emergency medical facilities.
.110 Golf courses.
.120 Museums.
.130 Non-publicly operated convention centers including exhibition halls and auditoriums.
.135 Office Buildings. Office buildings, when accessory and clearly incidental to, and integrated as part of, an on-site, permitted primary or conditional use.
.140 Radio and Television Studios. Radio and television studios, which may include accommodations for filming/taping in front of live audiences.
.150 Recreational Vehicle and Campsite Parks. Recreational vehicle and campsite parks, limited to use for short-term visits, not to exceed thirty (30) days in any calendar year, by tourists and visitors.
.160 Signs. Signs not otherwise expressly permitted or prohibited in this zone.
.170 Skating rinks.
.180 Specialty Retail Centers. Specialty retail centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers, and not oriented to the general public. Such centers shall: consist of a minimum of three (3) contiguous acres, have integrated management, have a “festive theme” orientation, and:
.1801 Have plazas and/or other pedestrian-oriented amenities as part of the center's design.
.1802 Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on-premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application.
.190 Transportation Terminal Stations. Transportation terminal stations to facilitate the transfer from automobile or pedestrian travel to bus, train or other forms of mass transit; helistops, as defined in Chapter 18.92 (Definitions), excluding heliports, provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property.
.200 Theaters. Theaters including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters.
.201 Repealed by Ord. 5614, 10/21/97
.202 Vacation Ownership Resort Conversion, District A. Vacation ownership resort conversion, with vacation ownership units and hotel units within the same building on a permanent basis. (Ord. 5614 § 4; October 21, 1997.)
.203 Uses or activities not listed, nor specifically prohibited in this chapter, which are determined by the Planning Commission to be consistent and compatible with the intent of the Specific Plan. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5625 § 4; November 18, 1997: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 112; June 5, 2012.)
The following uses shall be prohibited in this zone:
.010 Ambulance services.
.020 Sex-Oriented Businesses, as defined in subsection 18.54.020(F).
.030 Billboards, as defined in subsection 18.44.030.080.
.040 Bingo establishments.
.050 Cemeteries.
.060 Christmas tree sale lots and/or stands.
.070 Conversions. Conversions of hotels, motels or vacation ownership resorts to semi-permanent or permanent living quarters, except for a caretaker/manager unit, as specified in Section 18.118.070 (Permitted Accessory Uses and Structures) hereof.
.080 Drive-in or drive-through restaurants.
.090 Headshops. For purposes of this chapter, a “Headshop” is defined as any commercial enterprise or establishment, whether ongoing or transient, which sells any devices, contrivances, instruments or drug paraphernalia, as defined by the California Health and Safety Code.
.100 Heliports.
.110 Hospitals, convalescent homes, rest homes, sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals.
.120 Industrial uses.
.130 Mobile home parks.
.140 Office buildings, when not accessory and clearly incidental to, and integrated as part of, an on-site, permitted primary or conditional use.
.150 Sale of Alcoholic Beverages. Sale of alcoholic beverages for on-premises consumption and/or off-premises consumption, except as otherwise expressly permitted in this zone.
.155 Signs. Signs listed in subsection 18.118.145.030.
.160 Dwelling Units. Single-family or multiple-family dwelling units, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort.
.170 Shopping Centers. Commercial retail centers, strip shopping centers, mini malls and other shopping centers not in conformance with the requirements of a specialty retail center as defined and permitted in subsection 18.118.090.180. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004.)
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