5944ORDINANCE NO. 5944
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ERRORS, OMISSIONS, AND CLARIFICATION OF CERTAIN
TEXT.
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920 to amend
Title 18 of the Anaheim Municipal Code in its entirety for the purpose of implementing the Land
Use Element of the new General Plan, updating the land uses and development standards, modifying
the Code format to make it easier to find land use and development information, and assuring that
the Code complies with state statues and other applicable laws ("Zoning Code Amendment No.
2004-00029"); and
WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code, provisions
of Title 18 may be amended to enhance and preserve the general welfare when adopted by an
ordinance of the City Council in the manner prescribed by law; and
WHEREAS, pursuant to subsection .020 of Section 18.76.030 of the Anaheim
Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose of (1)
correcting various errors and omissions that have been identified, and clarifying certain confusing
text in various sections of the recently updated Zoning Code, (2) modifying the required parking
standards for Attached Single -Family Dwellings (18.42.030 "Residential Parking Requirements"),
and (3) making it unlawful to maintain any construction, alteration or addition to any building or
structure that was done without the required building permit (18.90.110.030 "Building Permits");
and that City Staff has prepared the proposed amendments to Title 18 of the Anaheim Municipal
Code designated as Zoning Code Amendment No. 2004-00034; and
WHEREAS, the City Planning Commission, having reviewed the tent amendments
initiated by the Planning Director, and having considered the evidence submitted in the Staff Report
to the Planning Commission dated August 23, 2004 pertaining to the text amendments, did
recommend, by motion, that the City Council approve Zoning Code Amendment No. 2004-00034;
and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA") on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified
Final Environmental Impact Report No. 330 and determined that said Final Environmental Impact
ReportNo. 330 fully complies with CEQA, reflects the independent judgement of the City Council,
and is adequate to serve as the environmental documentation for Zoning Code Amendment No.
2004-00029 and for future discretionary actions described in Environmental Impact Report No. 330
including follow-up actions to correct or otherwise clarify the updated Zoning Code adopted in
connection with Zoning Code Amendment No. 2004-00029; such as Zoning Code Amendment No.
2004-00034; and
WHEREAS, the Planning Commission makes recommendations to the City Council
regarding Zoning Code Amendments; and
WHEREAS, the City Council desires to amend Title 18 of the Anaheim Municipal
Code to further implement the General Plan and to enhance and preserve the general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION I.
That subsection .030 of Section 18.04.070 of Chapter 18.04 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Accessory Structures. Non -habitable accessory structures, including
but not limited to, garages and garden and storage sheds, shall not exceed a height of
one (1) story or twelve (12) feet, whichever is less. Habitable accessory structures,
including but not limited to, accessory living quarters, shall not exceed a height of
one (1) story or fifteen (15) feet, whichever is less, except that the height shall not
exceed twelve (12) feet if such accessory structure encroaches into a required rear or
side setback. This provision shall not apply to structures that are located outsideall
the required setback areas and comply with the same provisions as the main
dwelling."
That subsection .060 of Section 18.04.160 of Chapter 18.04 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Application. The application for a conditional use permit shall be
submitted on forms approved by the Planning Director."
SECTION 3.
That subsection .020 of Section 18.06.020 of Chapter 18.06 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 RM -2" Multiple -Family Residential Zone. The intent of the "RM -2"
Zone is to provide an attractive, safe, and healthy environment with townhouses and
other low-rise attached single-family dwellings with a minimum building site area
per dwelling unit of three thousand (3,000) square feet. This zone implements the
Low -Medium Density Residential and Low -Medium Hillside Density Residential
land use designations in the General Plan."
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SECTION 4.
That subsection .030 of Section 18.06.060 of Chapter 18.06 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Accessory Structures. All accessory structures, including but not limited
to, garden and storage sheds and recreation structures, shall not exceed a height of
one (1) story or fifteen (15) feet, whichever is less."
That Section 18.06.110 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.06.110 PARKING AND LOADING.
Parking and loading requirements for multiple -family residential zones are set
forth in Chapter 18.42 (Parking and Loading)."
That subsection .030 of Section 18.06.160 of Chapter 18.06 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Modification of Other Standards. The minimum lot width asset forth
in Table 6-E, minimum floor area as set forth in Table 6-G, maximum site coverage
as set forth in Table 6-H, setbacks as set forth in Section 18.06.090, and minimum
size of recreational -leisure areas as set forth in Table 64 may be modified in order
to achieve a good project design, privacy, livability, and compatibility with
surrounding uses."
SECTION 7.
That Section 18.08.070 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.08.070 PARKING AND LOADING.
Parking and loading requirements for commercial zones are set forth in Chapter
18.42 (Parking and Loading)."
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SECTION 8.
That Table 10-A (Primary Uses: Industrial Zone) in Section 18.10.030 of Chapter
18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on
Attachment A, which is incorporated herein by this reference.
SECTION 9.
That Section 18.10.070 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.10.070 PARKING AND LOADING.
Parking and loading requirements for the Industrial zone are set forth in Chapter
18.42 (Parking and Loading)."
E,TaW i cl)ml
That Section 18.14.120 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.14.120 PARKING AND LOADING.
Parking and loading requirements for public and special-purpose zones are set
forth in Chapter 18.42 (Parking and Loading)."
SECTION 11.
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. A legally created use that was in existence
as of the date this chapter was adopted (April 6, 1999) and that is prohibited by this
chapter will not be subject to the provisions of Chapter 18.56 (Nonconformities),
provided that such use has been continuously in operation since said date."
SECTION 12.
That paragraph .0205 of subsection .020 of Section 18.24.030 of Chapter 18.24 of
Title IS of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".0205 All applications submitted for projects that lie within the (SABC) Overlay
Zone area and that also lie within the boundaries of the Commercial/Industrial
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Redevelopment Project Area shall be forwarded to the Community Development
Department for review. The Executive Director of Community Development shall
review each application, meet and consult with the applicant with respect to the
neighborhood compatibility and design features of the proposed project, and propose
changes where necessary to promote high quality urban design."
SECTION 13.
That Section 18.28.050 of Chapter 18.28 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.2&050 SPECIFICALLY PROHIBITED USES.
The following uses shall be prohibited in the Floodplain Overlay (FP) Zone:
.010 Landfills, excavations, improvements, developments, or encroachments
that would obstruct or create debris -catching obstacles to passage of a design flood,
or cause a cumulative increase in the elevation of the design floodwater profile at any
point, or would tend to broaden the floodplain or divert flood flows out of the
regulatory floodway or in any way impair the design flood conveyance capacity of
the regulatory floodway or cause a potential hazard to life or property resulting from
flood flows.
.020 Storage or disposal of floatable substances or materials, dangerous
chemicals, explosives, flammable liquids or other toxic materials.
.030 All uses not specifically permitted by Section 18.28.040 (Permitted
Uses) of this chapter."
SECTION 14.
That subsection .080 of Section 18.30.160 of Chapter 18.30 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".080 Impacts on Existing Buildings and Structures. Where there are existing
buildings and structures on a site for which more intensive development is proposed,
no building permit shall be issued until the Building Official and the Fire Chief have
certified that the existing buildings and structures are safe for occupancy and for
human habitation."
SECTION 15.
That Section 18.36.030 of Chapter 18.36 of Title 18 ofthe Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
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i
"18.36.030 RESIDENTIAL PRIMARY USE CLASSES.
The following Use Classes are intended to describe those residential uses that are
the main use of the lot.
.010 Dwellings—Multiple Family. This Use Class consists of two (2) or more
dwelling units within the same structure, located on a single lot, each with its own
kitchen and bathroom facilities.
.020 Dwellings—Single-Family Attached. This Use Class consists of one (1)
dwelling unit, on a single lot, constructed with a common wall with one (1) or more
single-family units located on other lots. This Use Class includes attached
condominiums and attached single-family dwellings in other common interest
developments as defined in Section 1351 of the California Civil Code, as it may
amended from time to time.
.030 Dwellings—Single-Family Detached. This Use Class consists of one (1)
dwelling unit on a single lot, which dwelling is separated from any other dwelling
unit. This Use Class includes detached condominiums and detached single-family
dwellings in other common interest developments as defined in Section 1351 of the
California Civil Code, as it may be amended from time to time. Manufactured homes
certified under the National Mobile Home Construction and Safety Standards Act of
1974, which are installed on a permanent foundation approved by the City, are also
included.
.040 Mobile Home Parks. This Use Class consists of a site that is planned and
improved to accommodate two (2) or more mobile homes used for residential
purposes, or on which two (2) or more mobile home spaces or lots each accommodate
a mobile home for residential purposes.
.050 Senior Citizen Housing. This Use Class consists of Senior Citizen
Apartment Projects and Senior Citizen Housing Developments as defined in Chapter
18.92 (Definitions)."
SECTION 16.
That subsection .050 of Section 18.3 8.060 of Chapter 18.38 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Locational Standards.
.0501 Wireless communication facilities shall be co -located where
technologically feasible and visually beneficial. Facilities that are not proposed to be
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co -located shall provide a written explanation why the facility is not a candidate for
co -location.
.0502 Where determined to be technically feasible and appropriate,
unutilized space should be made available for co -location of other wireless
communication facilities, including space for entities providing similar, competing
services. Co -location is not required in cases where the addition of the new service
or facilities would cause quality of service impairment to the existing facility or if it
became necessary for the host facility to go off-line for a significant period of time.
.0503 Front or street setback. No wireless communication facility shall
be constructed or placed in any street setback in any zone except as may be
specifically allowed by the regulations of that zone.
.0504 Interior setback. All portions of any antenna structure and
associated equipment shall be located a minimum of five (5) feet from any interior
property line unless otherwise specifically allowed by the regulations of the zone.
.0505 In multiple -family residential zones, no wireless communication
facility shall be installed on the roof of a building except as specifically provided in
subsections 18.38.060.040 and 18.38.060.060 pertaining to building -mounted wireless
communication facilities.
.0506 A ground -mounted wireless communication facility shall not be
located in a required parking area, vehicle maneuvering area, or vehicle/pedestrian
circulation area in such a manner that it interferes with, or in any way impairs, the
utility or intended function of such area."
SECTION 17.
That Section 18.38.105 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"1838.105 CONTRACTOR'S OFFICE & STORAGE.
The provisions of this section apply to temporary uses classified as Contractor's
Office & Storage in Section 18.36.060 (Temporary Use Classes).
.010 Location and Duration. Not permitted in the front or street setback.
The maximum time this use may exist on a lot shall be one (1) year. Extensions may
be granted in one (1) year increments if it is demonstrated that the trailer is not
detrimental to the community.
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.020 Approval. The Planning Director shall have the authority to approve
temporary contractor's office and storage trailers and extensions of time for such
trailers provided plans for permanent construction have been submitted to the
Building Division or construction is underway."
iP • #
That subsection .020 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
.020 Dedication of Right -of -Way. The right-of-way for all streets, highways,
sewers, storm drains, alleys and trails which abut or cross the subject property shall be
dedicated to the full width required by the City Engineer in accordance with the
Circulation Element of the General Plan and any applicable Specific Plan, and as
clarified by the City of Anaheim Standard Details or Precise Alignments, approved by
the City Engineer; provided, however, that no dedication shall be required to widen an
arterial highway to the additional width required to meet the Standard Detail No. 164-A
for Supplemental Lanes Intersection Layout, as it may be revised from time to time.
Required setbacks shall be measured from the ultimate right-of-way shown on the
Circulation Element of the General Plan and as clarified by the City of Anaheim
Standard Details or Precise Alignments, approved by the City Engineer, including the
Standard Detail No. 164-A for Supplemental Lanes Intersection Layout."
SECTION 19.
That paragraph .0303 of subsection .030 of Section 18.40.060 of Chapter 18.40 of Title
18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".0303 Supplemental Lanes Intersection Layout. In the case of properties abutting
all or any portion of an intersection designated on the Circulation Element of the
Anaheim General Plan as a supplemental lanes, as set forth in Standard Detail No.
164-A for Supplemental Lanes Intersection Layout, as it may be revised from time to
time, compliance with the obligation imposed by subsection .0302.02 above shall be
met by installation of all required improvements, or payment of a sum of money in an
amount determined by the City Engineer to be sufficient to pay for all required
improvements, except those improvements of costs related directly to improvements
for the Supplemental Lanes Intersection Layout which are in excess of standards
otherwise applicable to the street or highway being improved. Funds paid pursuant
to this subsection shall be treated the same as those paid under subsection .03 02.02
above."
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That Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.42.030 RESIDENTIAL PARKING REQUIREMENTS.
.010 General. Residential off-street parking requirements for automobiles and
similar vehicles shall be regulated by the type of use (Use Class) associated with the
property. This section specifies the number of parking spaces for each residential use,
regardless of the zoning district in which the use is located.
.0101 Except as otherwise expressly provided in this section, the
minimum number of spaces for a combination of uses shall be not less than the sum
total of the requirements for each type of use to be established.
.0102 For purposes of interpretation of this section, a bedroom is a private
habitable room planned or used for sleeping, separated from other rooms by a door or
similar partition. All rooms (other than a living room, family room, dining room,
bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of
floor area, or less than fifty percent (50%) of the total length of any wall open to an
adjacent room or hallway, shall be considered a bedroom. A studio unit is a dwelling
unit without a bedroom.
.0103 In computing parking requirements, fractional numbers shall be
rounded off to the nearest whole number, fractions of one-half (0.5) or more being
counted as one (1) full space.
.0104 Except as otherwise expressly provided in this chapter, all parking
spaces shall conform to Standard Detail No. 470 (Minimum Off -Street Parking
Dimensions), as it may be revised from time to time.
.0105 Garages or covered spaces shall be arranged such that parking in
front of the garage or covered space shall not block access to another garage or
covered space.
.0106 For uses not listed, parking requirements shall be those determined
to be reasonably necessary by the City Traffic and Transportation Manager.
.020 Dwellings—Multiple Family.
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.0201 The minimum required number of off-street parking spaces for
Multiple -Family Dwellings shall be based on the total number of bedrooms as
follows:
Total Number of Bedrooms I Minimum Number of Parking Spaces per Unit
Studio unit
�.T=
KI Z TO
3 or more bedrooms
1.25
2.0
2.25
3.0 (plus 0.5 space for each bedroom over 3
.0202 Of the number of required parking spaces, one-quarter (0.25) space
per dwelling unit shall be reserved and clearly marked for guest parking only and shall
be readily accessible to motorists from contiguous streets and/or vehicle accessways.
.0203 Any assigned spaces shall be located within one hundred (100) feet
of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided
to satisfy parking requirements for a dwelling unit shall be located within two hundred
(200) feet of the unit.
.0204 Required parking spaces for residents and tenants in Multiple -
Family Residential projects shall be readily accessible and no fee shall be assessed for
their use. One parking space may be assigned to each specific dwelling unit. The
balance of the parking spaces for residents and tenants shall not be assigned to specific
dwelling units.
.0205 Tandem parking spaces shall not be permitted for Multiple -Family
Dwellings.
.0206 Parking spaces in private garages, as defined in Section 18.92. 100
("G" Words, Terms and Phrases), shall not be permitted for Multiple -Family
Dwellings.
.0207 Parking areas shall be screened by means of landscaping or
architectural devices from adjacent public and private streets and properties and from
living or recreational -leisure areas to a height of twenty four (24) inches with the
exception of line -of -sight requirements as shown on Standard Detail No. 115-A
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(Arterial Highway and Commercial Driveway Approach), as it may be revised from
time to time.
.0208 Any interior walls of covered parking areas shall be finished with
exterior finish material. Adequate bumper guards shall be provided to protect any
interior walls from damage.
.030 Dwellings — Single -Family Attached. The required parking spaces for
Attached Single -Family Dwellings shall comply with either subsection .0301 or .0302,
below.
.0301 The minimum number, location and design of parking spaces shall
be the same as specified for Dwellings — Multiple Family in subsection
18.42.030.020; provided that private garages may be permitted for Attached Single -
Family Dwellings in a condominium or other common interest development, as
defined in Section 1351 of the California Civil Code, subject to all the following
criteria:
.01 Each private garage shall be attached to and a portion of the
Attached Single -Family dwelling.
.02 Each private garage shall contain a maximum of two (2)
parking spaces. The other required parking spaces including the guest space shall
comply with subsection 18.42.030.020.
.03 No tandem parking shall be permitted in front of a private
garage and the required setback between the garage door and the nearest edge of the
contiguous sidewalk, street or vehicle access way, whichever is closest, shall be five
(5) feet; except that tandem parking may be permitted when in excess of the
minimum required number of parking spaces and when located in front of a private
garage.
.0302 The minimum number, location and design of parking spaces shall
be the same as specified for Dwellings — Single -Family Detached in Section
18.42.040.
.040 Dwellings — Single -Family Detached. The minimum required number of
off-street, on-site parking spaces foiSingle-Family Detached Dwellingshall be based
on the total number of bedrooms as follows:
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Total Number of Bedrooms I Minimum Number of Spaces per Dwelling
6 or fewer bedrooms
7 or more bedrooms
4 (2 in a garage)
4 (2 in a garage) plus 1 additional space per
bedroom over 6 bedrooms
.0401 Tandem spaces shall not be counted toward the required number
of spaces, except for one (1) open space in front of each required space enclosed
within a garage. The minimum dimensions for spaces located in tandem to parking
spaces enclosed within a garage are eight (8) feet wide and twenty five (25) feet long
where located in tandem to parking spaces enclosed with a tilt -up garage door and
eight (8) feet wide and twenty (20) feet long where located in tandem to parking
spaces enclosed with a roll -up garage door, measured from the garage door to the
nearest edge of the property line, pedestrian walkway, street, or vehicle accessway,
whichever is the lesser distance.
.0402 Parking spaces located in tandem to a garage may be permitted to
encroach into the required front or other street setback. All other spaces shall be
located outside the required front or street setback, and shall be provided and
maintained in an accessible location on the lot as approved by the Planning Director
and illustrated in Detail No. P-1 "Permitted Open Parking Spaces and Driveways for
Single -Family Residences."
050 Mobile Home Parks.
.0501 The minimum required number of off street parking spaces for each
mobile home in Mobile Home Parks shall be two (2) spaces (which may be tandem)
on-site and adjacent to the mobile home, plus one (1) guest space for every four (4)
mobile homes.
.0502 Guest parking shall be located within two hundred (200) feet of
each mobile home served and may be provided along any private street that is
designed and improved in compliance with Standard Detail No. 162 (Private Street
Sections), as it may be revised from time to time, and that serves the interior
circulation of a mobile home park.
.060 Senior Citizen Housing.
.0601 The minimum required number of off-street parking spaces for
senior citizen housing shall be one (1) parking space for each studio unit and one -
bedroom unit, and two (2) parking spaces for each two-bedroom unit.
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.0602 All parking spaces shall be located so as to minimize walking
distance between the living area and the parking facility.
.0603 Parking spaces may be covered or open and shall be unassigned and
equally available to all residents, guests and employees.
.0604 Tandem spaces shall not be permitted.
.070 Second Residential Units.
.0701 Second Units, as defined in paragraph .0205 of subsection
18.38.230.020, in conformance with the criteria and standards of Section 18.38.230
(Second Units): one (1) off-street parking space for each efficiency unit or one -
bedroom unit; and two (2) off-street parking spaces for each two-bedroom unit.
Required parking spaces for Second Units shall not be in tandem to other on-site
parking spaces for the main dwelling unit.
.0702 Senior Second Units (granny units) for which a conditional use
permit is approved as authorized by Section 65852.1 of the California Government
Code: one (1) off-street parking space for each unit. Required parking spaces for
Senior Second Units shall not be in tandem to other on-site parking spaces for the
main dwelling unit."
That subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".010 Requirement for Conditional Use Permit. The following signs require a
conditional use permit:
.0101 Marquee or electronic reader -board signs for an amusement facility,
theater, lodging facility, school, automobile dealership (which automobile dealership
is the major tenant of a minimum three (3) acre site), or use identified as Community
and Religious Assembly as set forth in subsection .030 ("C" Use Classes) of Section
18.36.040 (Non -Residential Primary Use Classes), subject to the limitations of
Sections 18.44.080 and 18.44.090.
.0102 Regional guide signs.
.0103 Freeway -oriented signs, subject to the procedures and standards set
forth in Section 18.44.100.
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.0104 Billboards, subject to the standards set forth in Section 18.44.230
through Section 18.44.260 inclusive.
.0105 Murals visible from public right-of-ways.
.0106 Off-site signs for regional shopping centers. No more than one (1)
free-standing sign per regional shopping center, no greater than one hundred twenty
five (125) square feet in sign area and no higher than fifteen (15) feet, may be located
off-site where allowed by conditional use permit."
SECTION 22.
That the first paragraph in Section 18.44.090 of Chapter 18.44 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"18.44.090 FREESTANDING AND MONUMENT SIGNS IN NON-
RESIDENTIAL ZONES.
In addition to Section 18.44.080, the following standards shall apply to the
development of freestanding and monument -type signs permitted in commercial,
industrial, and mixed use zones within the City. "
That subsection .040 of Section 18.44.150 of Chapter 18.44 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
".040 Compliance with Uniform Codes and Other Regulations. All signs
erected, installed, located or maintained in the City shall comply with all structural
provisions of the most recently adopted Uniform Building Code, National Electrical
Code, and all other applicable laws and regulations."
"kKeJa �!
That subsection .010 of Section 18.44.2 10 of Chapter 18.44 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
".010 Window Signs. Temporary window signs may be placed in or upon
any window of any structure used for commercial or industrial purposes, provided the
total window signage meets the requirement of subsection 18.44.110.070."
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6TftftIRnI
That subsection .030 of Section 18.44.210 of Chapter 18.44 ofTitle 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
".030 Political Signs. In addition to any other provision of this title, political
signs shall be permitted on private property in any zone provided:
.0301 Such signs comply with the minimum sight distance
requirements set forth in subsection 18.44.080.080;
.0302 Such signs comply with the provisions of Section 4.04.130
(Prohibition of Signs in Public Right -of -Way) of this Code; and
.0303 Any structure to which such political signs are attached shall
comply with all applicable provisions of Title 15 (Buildings and Housing) of the
Anaheim Municipal Code, except that no building permit shall be required for a
temporary political sign that has a surface area of thirty-two (32) square feet or less
and is removed within one hundred and twenty (120) days of its erection or placement
or within thirty (30) days after the election to which the sign relates."
SECTION 26.
That subsection .020 of Section 18.56.040 of Chapter 18.56 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
".020 Non -Residential Structures. A legally nonconforming non-residential
structure may be continued and expanded as follows:
.0201 Buildings with nonconforming setbacks and/or height may be
expanded provided the expansion complies with the provisions of this title, and does
not intensify existing non -conformities.
.0202 Buildings with nonconforming floor area ratio (FAR) and/or
lot coverage shall not be expanded."
SECTION 27.
That subsection .050 of Section 18.60.130 of Chapter 18.60 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
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.050 Notification and Hearing. Appeals shall be subject to the same notification
and hearing requirements as the action being appealed, except that the date of the
public hearing before the City Council shall not exceed sixty (60) days following
receipt of the written appeal or the election of the City Council to review any action
of the Planning Commission or Zoning Administrator."
That Chapter 18.80 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"Sections:
18.80.010 Purpose.
18.80.020 Schedule of fees.
18.80.030 Adoption of fees and deposits.
18.80.040 Effect of fees.
18.80.050 City -initiated actions.
18.80.010 PURPOSE.
The purpose of this chapter is to establish provisions for payment of fees,
including any required deposits, for all applications submitted pursuant to this title.
18.80.020 SCHEDULE OF FEES.
The fees, including any required deposits, for processing applications for permits
or other approvals or appeals pursuant to this title shall be as set forth in the fee
schedule adopted by resolution of the City Council.
18.80.030 ADOPTION OF FEES AND DEPOSITS.
Prior to approving and adopting any new fees, including any required deposits, for
processing applications for permits or other approvals or appeals pursuant to this title,
or prior to approving increases to existing processing or appeal fees, the City Council
shall hold a public hearing, as part of a regularly scheduled meeting, in accordance
with applicable state law.
18.80.04+0 EFFECT OF FEES.
Fees, including any required deposits, for processing applications for permits or
other approvals or appeals pursuant to this title must be paid in full, except as
otherwise specifically permitted, before any application or appeal will be accepted for
filing and shall be payable to the City of Anaheim. Once submitted, fees shall not be
16
refunded except as otherwise authorized by Chapter 18.60 (Procedures); provided,
however, that the amount of any deposit that exceeds all accumulated costs at the time
of the final action on the subject petition or application shall be refunded to the
applicant.
18.80.030 CITY -INITIATED ACTIONS.
Fees for processing applications are not required for applications or appeals filed
by any governmental agency, members of the City Council, any City commission or
advisory board, or any department or division of the City."
SECTION 29,
That Table 90-A in Section 18.90. 100 of Chapter 18.90 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended as shown on Attachment B, which is
incorporated herein by this reference.
SECTION 30.
That subsection .030 of Section 18.90.110 of Chapter 19.90 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
.030 Building Permits. Before commencing any work pertaining to the erection,
construction, reconstruction, moving, conversion, alteration or addition to any
building or structure within the zones described in this title, a permit for each separate
building and/or structure shall be secured from the Building Official of the City of
Anaheim by the owner or the owner's agent for the work. It shall be unlawful to
commence work until and unless these permits have been obtained, or to maintain any
construction, alteration or addition to any building or structure which was done
without a permit. Any buildings erected, constructed, altered or to which additions
are made shall comply with all of the provisions of the Uniform Building Code of the
City of Anaheim."
Thatthe Graphic illustrating the definition of "Height, Structural" in Section 18.92.110
of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended
as shown on Attachment C, which is incorporated herein by this reference..
SECTION 32.
That subsection .070 of Section 18.110.040 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
17
".070 Approval of Signs. A detailed sign program for each project within the
Specific Plan Area shall be submitted to the Planning Director and the Executive
Director of Community Development for their review and approval prior to the
issuance of a certificate of occupancy. The sign program shall be in substantial
conformance with the provisions of Chapter 18.44 (Signs) and that portion of Chapter
7 (Zoning and Development Standards) of the East Center Street Development
Specific Plan document which is titled Signs (collectively the "Sign Guidelines"). If
the Planning Director and the Executive Director of Community Development
determine that the sign program is in substantial conformance with the Sign
Guidelines, the sign program shall be approved by the Planning Director and the
Executive Director of Community Development. If either the Planning Director or the
Executive Director of Community Development determines that the sign program is
not in substantial compliance with the Sign Guidelines, the sign program shall be
disapproved and such decision shall be final unless appealed to the Planning
Commission within ten (10) days from the date of such decision. If such decision is
appealed, the sign program shall be reviewed by the Planning Commission at a duly
noticed hearing for substantial compliance with the Sign Guidelines. Notice of such
hearing shall be given at the same time and in the same manner as specified for
hearings for variances and conditional use permits in this Code. If the sign program
is found to be in substantial compliance with the Sign Guidelines, the Planning
Commission shall approve the sign program. 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."
That subsection .140 of Section 18.114.030 of Chapter 18.114 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".140 "U" Words, Terms and Phrases.
.1401 Ultimate Planned Right -of -Way. The right-of-way designated
in the Circulation Element of the Anaheim General Plan as further described in
Section 4.0 (Public Facilities Plan) of the Specific Pian document. 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."
SECTLUN 34.
That subsection .080 of Section 18.116.030 of Chapter 18.116 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
18
".080 "U" Words, Terms And Phrases.
.0801 Ultimate Planned Right -0f --Way. The right-of-way designated in
the Circulation Element of the Anaheim General Plan as further described in Sections
4.0 (Public Facilities Plan) and 5.0 (Design Plan), of the Anaheim Resort Specific
Plan document. 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."
SECTION 35.
That subsection .130 of Section 18.118.030 of Chapter 18.118 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".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."
SECTION 36. 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 37. 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.
19
SECTION 38. 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 One Thousand Dollars ($1,000.00) or by imprisonment not
exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or
corporation shell 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 therefor as provided
for in this ordinance.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 (Violations of Code -Penalty) of the
Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 14th day of September , 2004, and thereafter
passed and adopted at a regular meeting of said City Council held on the 28th day of September
, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Pringle, Council Members McCracken, Chavez, Hernandez
None
None
Council Member Tait
CITY OF IM :9
By 1117
MAYOR OF THE CI OF ANAHEIM
# 5 5 560/mgordon/09/20/04
20
ATTACHMENT A
Table 10-A
PRIMARY USES: INDUSTRIAL ZONE
in Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone)
Table 10-A P Permitted by Right
PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required
N Prohibited
Business & Financial Services
I
Special Provisions
Residential Classes of Uses
Dance & Fitness Studios—Large
C
Mobile Home Parks
C
Day Care Centers
Non -Residential Classes of Uses
Drive -Through Facilities
C
Agricultural Crops
P
Educational Institutions—General
Alcoholic Beverage Sales—Off-Sale
C
C Conditional use permit not required if eempleted conducted
Alcoholic Beverage Sales—On-Sale
C
Equipment Rental—Small
Ambulance Services
P
Animal Boarding
C
Animal Grooming
C
Antennas—Broadcasting
C
Antennas—Telecommunications
C
Subject to §18.38.060
Automotive—Car Sales & Rentals
C
Subject to §18.38.200
Automotive—impound Yards
C
Subject to §18.38.200
Automotive—Public Parking
C
Automotive -Parts Sales
C
Automotive—Repair and Modification
C
Automotive—Service Stations
C
Subject to §18.38.070
Automotive—Washing
C
Bars & Nightclubs
C
Billboards
C
Subject to Chapter 18.44
Boat & RV Sales
C
Subject to §18.38.200
Building Material Sales
C
Not more than 30% of the outdoor area, excluding parking, shall
be devoted to outdoor displays; subject to § l 8.38.190 and
§ 18.3 8.200
Business & Financial Services
C
Community & Religious Assembly
C
Dance & Fitness Studios—Large
C
Dance & Fitness Studios—Small
C
Day Care Centers
C
Drive -Through Facilities
C
Educational Institutions—Business
C
Educational Institutions—General
C
Equipment Rental—Large
C Conditional use permit not required if eempleted conducted
entireiv indoors
Equipment Rental—Small
P
Part 1 0 _
Table l0 -A P Permitted by Right
PRIMARY USES:- INDUSTRIAL ZONE C Conditional Use Permit Required
N Prohibited
conditional use permit
Public Services P
Recreation—Bowling & Billiards C
Recreation --Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel,
motel, or bowling alley
Recreation—Commercial Outdoor
Recreation—Low-Impact
Recreation—Swimming & Tennis
Recycling Services—Consumer
Recycling Services—General
Recycling Services—Processing
Repair Services—General
Repair Services—Limited
Research & Development
Restaurants—Drive-Through
Restaurants—General
Restaurants—Semi-Enclosed
Restaurants—Walk-Up
Retail Sales --General
Retail Sales—Outdoor
C
P
C
P Subject to Chapter 18.48; reverse vending machines located
entirely within a structure do not require any zoning approval
C Subject to Chapter 18.48
C Subject to Chapter 18.48
P
C
P
C Subject to 518.38.220
C Fast -Food and Take -Out service allowed without a conditional
use permit when a part of an industrial complex of 5 or more
units; Subject to § 18.3 8.220
C Subject to §18.38.220
C
C Industrially related only
C Subject to §18.38.190 and §18.38.200
Paat 2 o
I
Special Provisions
Helipads & Heliports
C
Hospitals
C
Hotels & Motels
C
Industry—Limited
P
Industry—General
C
Junkyards
C
Subject to § 18.3 8.200
Mortuaries
C
Offices—Development
P
Offices—General
C
Permitted without conditional use permit only if accessory to an
industrial or other primary permitted use
Oil Production
C
Subject to § 18.3 8.180
Outdoor Storage Yards
C
Subject to § 18.3 8.200
Personal Services—General
C
Personal Services—Restricted
C
Plant Nurseries
P
Subject to § 18.38.190 and § 18.38.200; Retail only requires a
conditional use permit
Public Services P
Recreation—Bowling & Billiards C
Recreation --Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel,
motel, or bowling alley
Recreation—Commercial Outdoor
Recreation—Low-Impact
Recreation—Swimming & Tennis
Recycling Services—Consumer
Recycling Services—General
Recycling Services—Processing
Repair Services—General
Repair Services—Limited
Research & Development
Restaurants—Drive-Through
Restaurants—General
Restaurants—Semi-Enclosed
Restaurants—Walk-Up
Retail Sales --General
Retail Sales—Outdoor
C
P
C
P Subject to Chapter 18.48; reverse vending machines located
entirely within a structure do not require any zoning approval
C Subject to Chapter 18.48
C Subject to Chapter 18.48
P
C
P
C Subject to 518.38.220
C Fast -Food and Take -Out service allowed without a conditional
use permit when a part of an industrial complex of 5 or more
units; Subject to § 18.3 8.220
C Subject to §18.38.220
C
C Industrially related only
C Subject to §18.38.190 and §18.38.200
Paat 2 o
Table 10-A P Permitted by Right
PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required
N Prohibited
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I Special Provisions
Self Storage
C Subject to Planning Commission Policy
Sex -Oriented Businesses
P Subject to Chapter 18.54
Studios—Broadcasting
P
Studios—R=rding
P
Towing Services
P
Transit Facilities
C
Truck Repair & Sales
C Subject to § 18.3 9.200
Utilities—Major
C
Utilities—Minor
P
Veterinary Services
C
Warehousing & Storage—Enclosed
P
Wholesaling
P
8-18-04
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ATTACHMENT B
Table 90-A
ZONE CORRESPONDENCE
in Section 18.90. 100 (Former Zones) of Chapter 18.90 (General Provisions)
Table 90-A
ZONE CORRESPONDENCE
Sln¢ie-Family Residential Zones
Former Zone Incorporated into I Zone MH Hes Industrial
Public and Special Purpose Zones
Current
Planned Community Zone
Former Zoning Code
RB -1
Single -Family Hillside Residential
RS -HS -03,000
i Residential, Single -Family Hillside
RH-2
SiAgle-Farnfly Hillside Residential
RS -HS -22,000
Residential, Single-family Hillside
RH-3
S' e -Family Hillside Residential
RS -HS -10,000
Residential, Single -Family Hillside
RS -1
Single -Family, Residential
RS -10'000
Residential Single—Family
RS -2
Sle-Family,Residential
RS -7200
Residential Single -Family
RS -3
SinWe-Family, Residential
RS -3000
Residential, Si a-Famil
RS -4
S' 'e-Famil ,Residential
No Corresponding Former Zone
Former Zone Incorporated into CG Zone
Multiple—Family
Residential Zones
C -NC
Current
Parking/Landscape District —
Manufacturing
Former Zoning Code
RM -1
Multiple- Family,Residential
No Corresponding Former Zone
RM -2
Multiple- Family, Residential
RM -3000
Residential Multiple -Family
RM -3
Multiple-Famil Residential
RM -2400
Residential, Multiple -Family
RM -4
I Multiple- Family,Residential
RM -1200
Residential, Multiple -Family
RM -4
I Multiple- Family, Residential
RM -1000
Residential, Multiple -Family
Former Zone Incorporated into I Zone MH Hes Industrial
Public and Special Purpose Zones
- Residential
Planned Community Zone
Zoning Code
Current
I
Former Zoning Code
Open Space
No Replacement Zone for Former Zone
I PC
Planned Community
1 Public Recreational
Commercial Zones
Semi -Public
No Corresponding Former Zone
Current
Transition
Former Zonwff Code
C -G
General Commercial
CL
Commercial, Limited
Current
Former Zone In orated into CG Zone
CG
Commercial, General
i Multiple- Family, Residential
Former Zone Incorporated into CG Zone
CH
Commercial, Heavy
Transition
Former Zone Incorporated into CG Zone
CL -HS
, Commercial, Limited — Hillside
C -NC
Neighborbood Center Commercial
Parking/Landscape District —
Manufacturing
No Corresponding Former Zone
C-R
Regional Commercial
No Corresponding Former Zone
0-L
Low Intensity Office
CO
Commercial, Office and Professional
0-H
High Intensity Office
No Conwponding Former Zone
Industrial Zones
Current
Former Zoxft Code
1
Industrial
ML
Limited Industrial
Former Zone Incorporated into I Zone MH Hes Industrial
Public and Special Purpose Zones
page 1 o-�
Current
IFormer
Zoning Code
OS
! Open Space
I OS
Open Space
PR
Public Recreational
PR _
1 Public Recreational
SP
Semi -Public
No Corresponding Former Zone
T
Transition
RS -A431000
; Residential/Agricultural
Parkin /Commercial and Parkin /industrial Zones
Current
Former Zoning Code
_
RM -3
i Multiple- Family, Residential
I PD-C/RM-
2400
Parking District —
Commercial/Multiple-Family
Residential
T
Transition
PD -C
Parking District — Commercial
No Replacement Zone for Former Zone
PLD -M
!
Parking/Landscape District —
Manufacturing
page 1 o-�
Table 90-A
ZONE CORRESPONDENCE
OverlyV
Zones
Current
Former Zoning Corte
SE
Sports Entertainment Overly
(SE)
Sorts Entertainment Overlay
(BCC)
Brookhurst Commercial Corridor
Overlay
(BCC)
Brookhurst Commercial Corridor
Overlay
(SABC)
South Anaheim Boulevard Corridor
Overlay
(SABC)
South Anaheim Boulevard Corridor
Overlay
No Replacement Zone for Former Zone
Sub'to 18.38.180 (Oil Production)
(0)
Oil Production Overlay
SC Scenic Corridor Overlay
(SC
Scenic Corridor Overlay
FP Floodplain Overla ;
(FP)
Flood lain Overly
(MHP) Mobile Home Park Overlay
(MHP)
Mobilehome Park Overly
(D Downtown Mixed -Use Overla (DMU)
Downtown Mixed -Use Overlay
(MU) I Mixed Use Overlay I No Corresponding Former Zone
Specific Plan Zones
The names of the specific plan zones did not change — the chanter numbers chanced as indirsted
8-18-04
F:lasantal\Table 90-A amended.doc
PaL,e _ o
Title
Current
Former
Specific Plan No. 87-I
a Hi lands
18.100
18.70
Specific Plan No. 88-1
(Sycamore Canyon)
18.102
18.71
S eci Plan No. 88-2
(Summit)
18.104
8.72S
18.72—
iic. Plan No. 88-3
Specific
PacifiCenter
18.106
18.73
S ecift Plan No. 90-1
(Festival)
18.108
18.74
Spec* Plan No. 90-2
(East Center Street Development)
18.110
18.75
Specific Plan No. 90-4
Mountain Park
18.112
18.76
Specific Plan No. 90-3
(Cypress Canyon)
Rescinded
18.77
Specific Plan No. 92-1
(Disneyland Resort)
18.114
18.78
Specific Plan No. 92-2
(Anaheim Resort)
118.1 l6
18.48
Specific Plan No. 93-1
(Hotel Circle)
18. l 18 -
18.79
Specific Plan No. 94-1
(Northeast Area)
18.120
18.110
8-18-04
F:lasantal\Table 90-A amended.doc
PaL,e _ o
ATTACHMENT C
Graphic labeled "18.92.1 10 (Height, Structural)"
in Chapter 18.92 (Definitions)
Anaheim Zoning Code
18.92.110 (Height, Structural)
Highest point of structure. excluding
any authorized projections
Definitions
24-011
Height
or less
• - –�—Finished Floor
Finished Grade
Height
Highest point of structure excluding
any authorized projections
Great,
than 2'-0"
Greater Height
• than 2,_0„
• �-Finished Floor
OT% OT --
Finished Grade
�--- Highest point of structure excluding
V ons
- Finished Grade
Finished Floor
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:
October 7, 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: October 7, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This s1pte is for the County Clerk's Filing Stamp
Proof of Publication of
s �pue�ow _
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