6199ORDINANCE NO. 6199
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTION .020 OF SECTION 18.22.040
OF CHAPTER 18.22 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO NONCONFORMING
USES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That subsection .020 of Section 18.22.040 of Chapter 18.22 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Legal Nonconforming Use. The provisions of Chapter 18.56 (Nonconformities)of the
Anaheim Municipal Code shall not apply to legal nonconforming uses that are prohibited in the
(BCC) Overlay Zone. A legal nonconforming use that is prohibited in the (BCC) Overlay Zone
may not be intensified or expanded in area or volume, except as provided in this section, as
follows:
.0201 Expansion of Legal Nonconforming Use. The expansion of a legal
nonconforming use may be permitted subject to the approval of a conditional use permit in
accordance with the provisions of Chapter 18.66 (Conditional Use Permits).
.0202 Limitations to the Expansion of Legal Nonconforming Uses. The expansion of
legal nonconforming uses within the (BCC) Overlay Zone is limited to operating businesses that
hold permits from California Department of Alcoholic Beverage Control to sell alcoholic
beverages for consumption on premises, subject to the following additional criteria.
.01 Such uses may only be eligible for a one-time expansion not to exceed 100% of
the existing gross floor area of the business.
.02 Such expansions shall only be allowed to occur within existing adjacent
building area and shall not result in an increase of the existing building footprint or an increase in
building height.
.03 Site improvements intended to bring the entire building and property into
greater conformity with current code standards, including, but not limited to, parking lot
improvements, landscaping and building facade enhancements and the removal of
nonconforming signs, shall be implemented as part of the expansion proposal and shall be
considered as part of the conditional use permit application."
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SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 9th day of November, 2010, and thereafter passed
and adopted at a regular meeting of said City Council held on the 16th day of November, 2010,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
7 A A JO.
I QEP
CITY CLERK OF THE CITY OlfANAHEIM
78850.v4/MGordon
2
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
November 25, 2010
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: November 25, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 6199
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSEC-
TION .020 OF SECTION 18.22.040 OF CHAPTER 18.22 OF TITLE 18
OF THE ANAHEIM MUNICIPAL COPE RELATING TO NONCONFORM-
ING USES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That subsection .020 of Section 18,22.040 of Chapter 18.22 of Title 18 of the Ana-
heim Municipal Code be, and the same is hereby, amended to read as follows:
'•020 LLeeppWalNonconforming Use. The provisions of CChhaapoter� 18.56 (Nonconformitiea)of
the Anatle�rMunidpffi Code shall not apply to legal nonconformin uses that we
ed in the (BCC) Overieyy Zone. A legal nonconforming use that is prohibited In the o(BEC)
Overlay Zone ms not be intensified or expanded in area or volume, except as provided in
this section, as follows:
form:.0201 -Expansion of Legal Nonconforming Use. The expenalon of a legal noncan.
n9 Y Permitted subject to the approval of a conditional use permit in ac-
cordance with the provisions of Chapter 18.66 (Conditions] Use Permits),"
.0202 Limitations to theion of Legal Nonconforming. Uses. The expansion of
legal nnoonconforming uses with the (BCC) Overlay Zone is limited to operating businesses
that hold permits from California Department of Alcoholic Beverage Control to sell alcoholic
beverages for consumption on premises, subject to the following additional criteria.
.01 Such usesmay only be eligible for a"one-time expansion not to, exceed
100% of the existing gross floor area of the business.
.02 Such expansions shall only be allowed to occur within existing adjacent
building area and shall not result in on increase of the existing building footprint or.an in-
measa in building height,
03 Site improvements intended to bring the entire building and Property into
pro�vemgsrn* Iangreater 'dscapinp aandwith tbuildingg fcode �aFa ed enhankxmeMsbut nan ot limited the o, al d g lot
im-
aidered ams pert OtthO Icon Ifionallisee permit applicffiwn Proposal .+snd shall be con -
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
Paragraph, sentence. clause or word of this. ordinance hereby adopted be de
clared for any reason Invalid by the final judgment of any court c competent jurisdiction; it
the :Inde of the City t e slim! ihffi it would have adopted all other portions of this ordi-
valid. Independent of the elimination herefrom of any such Portion as may be declared in -
SECTION 3. SAVINGS CLAUSE.
Neither the adoption of this ordinance no the repeal of an other- ordinance of this City
ensu in any manner affect the prosecution for violations of ordinances which violations
VMG i'Mi mi ted Prior to the.effective date 11009d, nor be construed as a waive of any li-
cense ppeemr�aa�lpy� Panel provisiops applicable to any viol thereof. The provisions
of this adInane% insofar as they are substantially tae same -as ordinance Provisions previ-
ous1Y adopted 1/y the O�illty� relapngg to the same subject matter, shah- be construed as
rastateRients and corrtinuaborna, armd not no new enactments.
TFfE FOREGOING ORDINANCE was Introducedof ffi are�lar m
Cr gaioU :the City of Anahalm hekt on Nme 88n day of Noremher, 2moi a ttheeree
Issd t6+d edaplad at a regular m of said Cull Commoll hold on itis 16th day of No
vamber, 2010, by the tolbwing roll cab:
AYES: Mayo Pringle, Council Members Sidhu, HemwKW, Wing
NOES; Council Member Galloway
ABSENT,. NONE
ABSTAIN: NONE
CITY OF ANAHnnEII�NM�e
8/8 Curt
MAYOR OF THE OF ANAHEIM
ATTEST:
We L h;k N Ar4al
N CLERK OF THE CITY OF ANAHEIMjl
xtrbfiah° Au, Eisifti wdnea., u.a. �..+G010-ti�49,MZ - _ _