5897ORDINANCE NO. 5897
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.55.044 OF CHAPTER 18.55 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES IN
BROOKHURST COMMERCIAL CORRIDOR OVERLAY).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"18.55.0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND
CONDITIONAL USES AND STRUCTURES.
Notwithstanding any other provisions of this Chapter to the contrary, the
following permitted, accessory, and conditional uses shall not be permitted:
010 Billboards, as defined in Chapter 18.05.
015 Amusement device arcades.
020 Boarding and/or lodging houses.
.025 Non-residential use of residential structures.
030 Bars and cocktail lounges, unless integrated with a full-service restaurant
that has been approved by a Conditional Use Permit pursuant to Section
18.55.0442.080.
032 Computer Rental/Internet Amusement Businesses, as defined in Section
18.01.040 of this Code.
.035 Hotels, motels, and motor inns.
.040 Large collection facilities for recycling purposes.
050 Labor camps.
.060 Liquor stores.
070 Massage parlors.
.080 Mobilehome and/or trailer parks.
.090 Mobilehome park subdivisions.
100 Nightclubs.
110 Off -premises sale of alcoholic beverages in premises having 15,000 square
feet or less in interior building floor area.
120 Pawnshops.
125 Pool and/or billiard centers
.130 Public dance halls, as defined in Chapter 4.16.
140 Reconstruction of a single-family residence damaged or destroyed, except
as provided in Section 18.44.020.305.
150 Residential or Group Care Facilities, as defined in Section 18.01.190, for
seven or more residents.
160 Saunas and/or Turkish baths.
.170 Self -storage or mini -warehouse facilities.
180 Sex oriented businesses."
SECTION 2.
That subsections .0442 of Section 18.55.044 of Chapter 18.55 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby. amended to read as follows:
"18.55.0442 CONDITIONAL USES AND STRUCTURES.
In addition to those conditional uses and structures listed in Section 18.44.050,
and further subject to 18.55.0441, above, the following buildings, structures, and uses may also
be permitted subject to a conditional use permit and subject to the conditions and required
showings of Section 18.03.030 "Conditional Use Permits - General:"
010 Bed and Breakfast inns.
020 Bingo establishments.
030 Bus depots.
040 (Deleted)
050 Markets, grocery stores or drug stores without off -premise sale of
alcoholic beverages having an interior building floor area of 15,000 or less
square feet.
.060 Markets, grocery stores or drug stores with off -premise sale of alcoholic
beverages having an interior building floor area of greater than 15,000
square feet, provided that the area used for alcohol display shall not exceed
twenty-five percent (25%) of the retail sales floor area of the store.
070 Reconditioned or used merchandise sales.
080 Restaurants, as defined in Section 18.01.190, with or without on -premises
sale and consumption of alcoholic beverages and/or public entertainment."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any 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.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision or
to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a separate offense for each day during any portion of which
any violation of any of the provisions of this ordinance is committed, continued or permitted by
such person, firm or corporation, and shall be punishable therefore as provided for in this
ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council
of the City of Anaheim this 27 day of Jan , 2004.
MAYOR OF THE CITY A AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
52167.21smann\December 2, 2003
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5897 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 16th day of January, 2004, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 27th day of January, 2004, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez,
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ITY CL RK F THE CITY OF ANAHEIM
(SEAL)
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:
February 5, 2004
"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: February 5, 2004
(, Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the o�wtyGveR� ing Stamp
� .�. 1 �tyy tt�a--
Proof of PublicWt on of
Paste Clipping of
Notice
SECURELY
In This Space
r.i�iJFR: ;,E NO. 5897
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.55.044 OF CHAPTER 18.55 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (OFF -PREMISES SALE OF
ALCOHOLIC BEVERAGES IN BROOKHURST COMMERCIAL CORRIDOR OVERLAY),
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows
"18.55.0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND CONDITIONAL USES AND
STRUCTURES.
Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional
uses shall not be permitted'
.010 Billboards, as defined in Chapter 18.05.
.015 Amusement device arcades.
.020 Boarding and/or lodging houses.
.025 Non-residential use of residential structures.
.030 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a Conditional
Use Permit pursuant to Section 18.55.0442.080.
.032 Computer Rental/Internet Amusement Businesses, as defined in Section 18.01.040 of this Code.
.035 Hotels. motels, and motor inns.
.040 Large collection facilities for recycling purposes.
.050 Labor camps.
i
.060 Liquor stores.
f
.070 Massage parlors.
.080 Mobilehome and/or trailer parks.
.090 Mobdehome park subdivisions.
.100 Nightclubs.
.110 Off -premises sale of alcoholic beverages in premises having 15,000 square feet or less in interior building floor area.
.120 Pawnshops.
.125 Pool and/or billiard centers
.130 Public dance halls, as defined in Chapter 4.16.
.140 Reconstruction of a single-family residence damaged or destroyed, except asprovided in Section 18.44.020.305.
.150 Residential or Group Care Facilities, as defined in Section 18.01.190, for seven or more residents.
.160 Saunas and/or Turkish baths.
.170 Self -storage or mini -warehouse facilities.
.180 Sex oriented businesses."
I SECTION 2.
That subsections .0442 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
"18.55.0442 CONDITIONAL USES AND STRUCTURES.
In addition to those conditional uses and structures listed in Section 18.44.050, and further subject to 18.55.0441, above,
j the following buildings, and uses mey also be permitted subject to a conditional use permit and subject to the
conditions end required Section 18.03.Q30 "Conditional Use Permits - General:"
.010 Bed and Breakfast inns.
020 Bingo establishments.
.030 Bus depots.
.040 (Deleted)
.050 Markets, grocery stores or drug stores without off -premise sale of alcoholic beverages having an interior building
floor area of 15,000 or less square feet.
.060 Markets, grocery stores or drug stores with off -premise sale of alcoholic beverages having an interior building floor
area of greater than 15,000 square feet, provided that the area used for alcohol display shall not exceed twenty-five
percent (25%) of the retail sales floor area of the store.
.070 Reconditioned or used merchandise sales.
.080 Restaurants, as defined in Section 18.01.190, with or without on -premises sale and consumption of alcoholic
beverages and/or public entertainment."
MOTION 0. SAWRAMILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this or-
dinance of the Code, hereby adopted, be declared for any reason to be invalid, it a the intent of the Council that it would
have passed all other portions of this ordinance independent of the elimination therefrom of any such Rin as may be
declared invalid.
SECTION 4. SAYINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any ordinance of this City shell in any manner affect the prosecu-
tion for violations of ordinances, which violations were committed prior to the aMaedve dote 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 ordi-
nance, 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.
SECTION S. PENALTY
it shall be unlawful for any person, firm or corporation to violate any provision or to fail to con" with any of the require-
ments of this ordinance. Any person, firm or corporation vioteting any provision of this ordinance or fading to comply with
any of its requarements shed be deems guiffy of a misdemeanor and upon conviction Owed shall be punished by a fine
net exceedirnp six) montlns, w by both such fine and imprisonment. Each such person fern or steal
deemed gully of a separate offense for each day ducting arty portion of which any vidMbn d array o(8taprovi pons of Ithl�s
ordinance r corn" this ordi continued or permitted by such person, firm or corporation, and shell be punishable therefore as
provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of Jan-
uary, 2004.
Curt Pringle
A (TEST:
MAYOR OF THE CITY OF ANAHEIM
Sheryll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
SHERYLL SCHROEDER, City Clark of the City of Anaheim, do herebytroduced ceA1ly that the Ordinance No. 5897 was
e same was dre1' Council of the City of Wim, ha(d on qne 13Bn day -nt January, 2004, and that
uyr opted at a regular meefing of said City Cbwncil heli on the 271h day of January, 2004,
thereof:
IRERS: Pringle, Chavez, McCracken, Hernandez
�f
1-29-204 1:09PM . FROM
ORDINANCE NO. 5897
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.55.044 OF CHAPTER 18.55 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (OFF -PREMISES SALE OP
ALCOHOLIC BEVEWES IN SROOKHURSTCOMMERCIAL CORRIDOR OVERLAY),
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS!
aECT101W 1.
That subsection .0441 of Section 18,53.044 of Chapter 18.55 of Title 18 of the Anaheim Munipipel Coco be, and the same
Is hereby, anw Bled to read as follow9;
"+B,a5,U441 LIMITATIONS AND EXCEPT1ONs TO PERMITTED, ACCESSORY, AND CONDITIONAL USES AND
STRUCTURES,
Notwithstanding any other provisions of this Chapter to the contrary, the following permitted. accessory. and conditiona
uses shall not be permitted:
.010 Billboards, as donned in Chapter 18.05.
.015 Amusement dovico arcade^,
.020 boarding and/or lodging houses.
.025 Non-rouidontial use of residantial structures.
.030 Bars and cooklail lounges, unless integrated with a full-service restaunant that has been approved by a Conditions
Use Pelfnit pursuant to Section 1$,55.0442,080.
.032 Computer Rental/Intemet Amusement Rusinossos, as defined in $Winn 18.01.C40 of this Code.
.038 Hatals, motels, and motor inns.
,040 Large collection facilities IOr reoyaling purposes,
-W Labor camps.
.060 Liquor stores.
.070 Massage parlors.
.030 Mobilohome and/or trailer pants.
.090 Mobilehome park subdivisions.
.100 Nightclubs.
.110 Oft-promisos sale of alcorrollo beverages in premises having +5.000 square feet or less in interior building floor arca,
.120 Pawnshops.
.125 Pool and/or billiard centers
.130 Public dance halls, as 00nod in Chapter 4.16.
.140 Reconstruction of a single-family residence damayttd or destroyed, except asprovrded in Section 18,aa.M.305,
.150 Reaidenlial or Group Caro Facfrtie;, as defined In Section 18.01.190, for sown or more residents.
,160 Saunas and/or Turkish baths.
.170 Self•storno or mini -warehouse faculties.
1180 Sea oriented businesses•
SECTION 2.
Thal subsoetions ,0442 of Section 15.55.044 of Chapter +8.55 of Tye is of the Anaheim Municipal Cade be, and the
same Is hereby, amended to rood as foitows;
"18.55,0442 CONOITIONAL USES AND STRUCTURES,
In addition to those condillonal uses and structures listed in Section 18,44,050, and further subject to 18.55.0441, above,
the following buildings, structures, and uses may also be permitted subject to.a conditional use permit and subject tc tho
conditions and required showinigs of Section 18.03.030 "Conditional Us* Pernnts - General;*
.010 Bud and Breakfast inns.
.020 Bingo establishment;.
.030 Bus depots,
.040 (Deleted)
.050 Markets, grocery stores or drug stores without ef4premise sale of alcoholic beveeagas having an interior building
Noor area of 15,000 or less square feet.
.080 Markets, grocery stores or drug stores with off-premlas sale of alcohdic beverages having an interior building floor
area of oreater than 15,000 square foot, prpvkx4 that the area used for alcohol display shall not excvG< "city -live
peroont (25%) of the retail sales floor area of the store.
.070 Recondilk3nod or used merchandise sales,
.080 Restaurants, as defined in Sedtien 18.01-190, with or witfrout on -premises sale and coMUmption o1 alcoholic
beverages and/or public entertainment."
6ECT1014 S. SEVERABOUTY
M
-1-29-204 1 - 09PM FROM P-2
The City Cot icil of the [city of Anaheim hereby doclprps then should any Section, paragraph, sentence or word Of this or-
dinance of the Codd, horeby adopted, be dedsred for any reason to be invalid, A is the intent of the Council that it would
=Invalid. all other portions of this ordirtanca Independent of the elimination herefrom of any such portion as may be
dedered Invalid.
SECTION 4. SAVOMS CLALMN
Nethef theb adoption of this ordinance nor the repeal of anv ordinance of this City shall In any mannef affect the procecu-
tion for violations Of ordinancos, which violations were committed prior to the offoctive daze hereof, nor be Construed ar, a
waiver of any license or penalty or thenal provisionsapplicable to any violation thcroof. The provisions of thla ord -
nance, insofar as they are substantially ha same as ordinance provlslons previously adopted by the City relating to the
sane subject matter, shah be construed as restaternonts and continuations, and not 88 new enaumonts,
SECTION t3. PENALTY
it shall be unlawful for any person, firm or corporation to violate any provision cm to fait to comply with any of the requke-
ments of this ordinance, Any person, firm of corporation violating any provrebn of this ordinance or fading to comply with
noy or Its "vinenlents shall be deeme�d ggutty of a nvelemoanor and upon conviction thereof shall b0 punished by a fine
not exceeding six (6} months`'or by Barth such Tina end imprisonment Each such parson, firm Of Corporation shalt be
deemed guilty Of a separate 07fenSe for each day during any portion of which any vloratlon of any of the provisions of thus
ordinance a cornmiltod, continued or permitted by au person, firm or corporation, and shall be punishable therefore as
provided for In this ordinance.
THE FOREGOING ORDINANCE is approved and adopted bythhe City Council of the City of Anaheim this 27th day of Jan-
hfaN. 2004,
Curl Pr ppb
ATTEBY:
MAy OF T14E CITY OF ANAHEIM
Shoryll Schroeder
CITY CLERK OF THE GTYOF ANAHEIM
1, BHERYLL SCHROEDER, City Ctork of the City of Anaheim, do hereby con r'(y that the foreW6VOrdinance No. W$1 was
irAroduced at a reguar mFwe ting of tho City Council of the City of Anaheim, h% on the 13th clay of January, 2004, and that
the some was duty passed and adopted at a regular meeting of said City Council hold on the 27th day of January, 2004,
by the lZirnngg�vote of the membem thereof.
AYES: MAYOR/COUNCiL MEMBERS: Pnirglo. Chav%7, McCracken, Hernandez
NOES: MAYOR/COUNCII, MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tart
Publish: Anaheim Bulletin February 5, 2004 25-146 6M7067