5677ORDINANCE NO. 5677
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 18.55 TO TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE TO ADOPT THE BROOKHURST
COMMERCIAL CORRIDOR OVERLAY ZONE.
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a
public body, corporate and politic, formed by Resolution No. 6966
of the City of Anaheim (the "City") adopted by the City Council of
the City on June 6, 1961, and exercising its powers pursuant to the
California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.); and
WHEREAS, the City Council of the City of Anaheim (the "City
Council") has declared itself to be the Board of Directors of the
Agency by Ordinance No. 2934, adopted on June 8, 1971, adding
Sections 1.04.500 through 1.04.550, inclusive, to the Anaheim
Municipal Code; and
WHEREAS, on December 3, 1993, the City Council of the City
adopted, by Ordinance No. 5412, a redevelopment plan for an
approximately 318 acre redevelopment project area known as the
Brookhurst Commercial Corridor Redevelopment Project (the "Project
Area"); and
WHEREAS, on June 23, 1998, the City Council of the City
amended the redevelopment plan for the Brookhurst Commercial
Corridor Redevelopment Project and expanded the Project Area by
adopting the Redevelopment Plan for the West Anaheim Commercial
Corridors Redevelopment Project (the "Redevelopment Plan"); and
WHEREAS, pursuant to Health and Safety Code Section 33368, the
Project Area is conclusively presumed to be a blighted area, and
the Agency continues to be engaged in activities necessary to
carry out and implement the Redevelopment Plan; and
WHEREAS, Section 630 of the Redevelopment Plan ("Agency/City
Cooperation") directs the City to aid and cooperate with the Agency
in carrying out the Redevelopment Plan by taking "any further
action necessary to ensure the continued fulfillment of the
purposes of the Plan and to prevent the recurrence or spread of
blight, or those conditions which caused the blight in the Project
Area"; and
WHEREAS, among the actions the City may take pursuant to
Section 630 of the Redevelopment Plan is the imposition of controls
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upon parcels within the Project Area to ensure their proper
development and use; and
WHEREAS, in order to impose controls upon parcels within the
Project Area necessary to ensure their proper development and use
and fulfil the purposes of the Plan by preventing the recurrence or
spread of blight, or those conditions which caused the blight in
the Project Area, City and Agency staff have proposed the adoption
of an overlay zone for the Project Area to be known as the
Brookhurst Commercial Corridor Overlay Zone (the "BCC Overlay
Zone"); and
WHEREAS, on March 1, 1999, the Anaheim Planning Commission
held a duly noticed public hearing at which time it considered and
heard testimony with regard to the proposed BCC Overlay Zone, at
which time it reviewed and evaluated the BCC Overlay Zone and the
benefit to the Project Areas to be derived from the adoption of the
BCC Overlay Zone; and
WHEREAS, on March 23, 1999, the City Council considered the
proposed BCC Overlay Zone, at which time it reviewed and evaluated
the BCC Overlay Zone and the benefit to the Project Areas to be
derived from the adoption of the BCC Overlay Zone; and
WHEREAS, all actions required by all applicable law with
respect to the BCC Overlay Zone have been taken in an appropriate
and timely manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 18.55 be, and the same is hereby, added to
Title 18 of the Anaheim Municipal Code to read as follows:
"Chapter 18.55
BROOZUMST COMMERCIAL CORRIDOR "(BCC)" OVERLAY ZONE
18.55.010 DESCRIPTION AND PURPOSE.
The purpose of the Brookhurst Commercial Corridor Overlay
Zone (the "BCC Overlay Zone") is to provide a mechanism for the
orderly development of property within the Brookhurst Sub -Area of
the West Anaheim Commercial Corridors Redevelopment Project Area
("WACCRPA") so as to assist in the elimination of blight and
blighting influences. It is further to encourage suitable
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residential development at mid -block and other appropriate
locations in the Brookhurst Sub -Area.
18.55.020 DELINEATION OF BROOKHURST COMMERCIAL CORRIDOR OVERLAY
ZONE BOUNDARIES.
The WACCRPA was formed on June 23, 1998, as an amendment
to the original Redevelopment Plan for the Brookhurst Commercial
Corridor Redevelopment Project. The City Council of the City of
Anaheim approved the original Redevelopment Plan for the Brookhurst
Commercial Corridor Redevelopment with its adoption, on December 7,
1993, of Ordinance No. 5412. The BCC Overlay Zone is comprised of
the property contained within the boundaries of the project area
for the Brookhurst Commercial Corridor Redevelopment Project (the
"Zone Area"). The Zone Area is approximately three hundred
eighteen (318) acres in size and is generally bounded by Interstate
5 on the north and Ball Road on the south. The boundaries of the
Zone Area are delineated and legally described in the original
Redevelopment Plan for the Brookhurst Commercial Corridor
Redevelopment Project, a copy of which is on file with the City
Clerk of the City of Anaheim.
18.55.030 GENERAL PROVISIONS FOR THE BROOKHURST COMMERCIAL CORRIDOR
OVERLAY ZONE.
Unless otherwise set forth in this Chapter, those uses
automatically, conditionally, or accessorially permitted in the BCC
Overlay Zone shall be those otherwise automatically, conditionally,
or accessorially permitted by the underlying zoning. The
regulations which apply to the zone of the property to which the
BCC Overlay Zone is applied shall remain the same, except as to the
matters specified in this Chapter. This Chapter shall apply in
lieu of or in addition to and shall supersede the corresponding
regulations of such zones to which the BCC Overlay Zone is applied.
18.55.040 SITE DEVELOPMENT STANDARDS.
18.55.041 COMMERCIAL AND RESIDENTIAL ZONES.
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010 Except as provided in 18.04.080.070, "Dedications
and Improvements - General - Exemptions," where any
building permit is sought for a development project
in the BCC Overlay Zone which encompasses two or
more contiguous parcels, the following shall apply:
(1) Unless otherwise approved by the City Traffic
and Transportation Manager, driveway openings to
arterial highways shall be consolidated so that
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they are spaced a minimum of one hundred fifty
(150) feet apart.
(2) Sites shall be consolidated to provide a
minimum of one hundred fifty (150) feet of street
frontage, in conformance with the requirements for
merger of parcels in the Subdivision Map Act
(including Government Code Sections 66451.10 and
66451.11, and as it may be amended from time to
time), and any ordinance of the Anaheim Municipal
Code.
020 Except as provided in 18.04.080.070, "Dedications
and Improvements - General - Exemptions," where a
building permit is sought. for any development
project in the BCC Overlay Zone, street trees which
are listed in the "Brookhurst Corridor Design and
Planning Recommendation Study," adopted by the
Anaheim Redevelopment Agency on January 14, 1997,
shall be planted in the size and at the spacing
described in the study. Shrubs shall be planted in
the tree wells. A plan containing street trees and
shrubs shall be submitted to the Executive Director
of Community Development or his/her designee for a
determination by the Executive Director or his/her
designee that the proposed plan is consistent with
the study and the Redevelopment Plan for. the
Brookhurst Commercial Corridor Redevelopment
Project. The Planning Commission may grant
variances from the requirements of this subsection
pursuant to the provisions of Section
18.04.080.080."
18.55.042 RESIDENTIAL ZONES.
Except for senior citizens' apartment projects as defined
in Chapter 18.94, all residential uses in the BCC Overlay Zone
shall not exceed a density of thirteen (13) dwelling units per
gross acre, and may only 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."
18.55.043 "CO" COMMERCIAL, OFFICE, AND PROFESSIONAL ZONE.
The requirements contained in Chapter 18.41 (CO Zone)
shall apply, except as follows:
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18.55.0431 LIMITATIONS AND EXCEPTIONS TO PERMITTED PRIMARY,
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 Boarding and lodging houses.
.020 Bingo establishments.
.030 Non-residential use of residential structures.
.035 Hotels, motels, and motor inns.
.040 Mobilehome and/or trailer parks.
.050 Mobilehome park subdivisions.
.055 Off -premises sale of alcoholic beverages.
.060 Reconstruction of a single family residence,
damaged or destroyed, except as provided in Section
18.41.020.080.
.070 Bars and cocktail lounges, unless integrated with a
full-service restaurant that has been approved by a
Conditional Use Permit pursuant to Section
18.41.050.183.
.080 Storage of Class C explosives in any amount.
18.55.044 "CL" COMMERCIAL, LIMITED ZONE.
The requirements contained in Chapter 18.44 (CL Zone)
shall apply, except 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:
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.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.
.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.
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.090 Mobilehome park subdivisions.
.100 Nightclubs.
.110 Off -premises sale of alcoholic beverages unless
specifically approved in conjunction with a
Conditional Use Permit for a market or grocery
store having an interior building floor area of
greater than 30,000 square feet pursuant to
Section 18.55.0442.060.
.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.
.160 Saunas and/or Turkish baths.
.170 Self -storage or mini -warehouse facilities.
.180 Sex oriented businesses.
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 Laundry and/or dry cleaning establishments (coin or
attendant operated) including retail collection and
distribution stations, but excluding wholesale
operations which shall not be permitted.
.050 Markets or grocery stores without off -premise sale
of alcoholic beverages having an interior building
floor area of 30,000 square feet or less.
.060 Markets or grocery stores with off -premise sale of
alcoholic beverages having an interior building
floor area of greater than 30,000 square feet.
.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.
18.55.045 OFF -PREMISES ALCOHOL SALES.
Off -premise sale of alcohol is prohibited in the BCC Zone
other than as provided in Section 18.55.0442.060.
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18.55.046 SIGN STANDARDS.
18.55.0461 RESOLUTION OF INCONSISTENT PROVISIONS.
Notwithstanding any other provision of this Code to the
contrary, all provisions governing signs or advertising structures
of any type in the BCC Overlay Zone shall be contained within this
Chapter; provided, however, the provisions of Chapter 18.05,
entitled "Outdoor Advertising - Signs and Billboards," Chapter
4.04, entitled "Outdoor Advertising Signs and Structures -
General," and Chapter 4.09 entitled "Advertising of Motel and Hotel
Rental Rates" of this Code shall apply to signs and advertising
structures in the BCC Overlay Zone to the extent such provisions
are not inconsistent with this Chapter.
18.55.0462 VARIANCE FROM SIGN REQUIREMENTS.
No person shall install or maintain any sign in the BCC
Overlay Zone except as permitted herein; provided, however, that
any requirements or restrictions may be waived in whole or in part
upon such conditions as may be imposed by the Zoning Administrator,
Planning Commission, or the City Council by a Zone Variance
processed and approved in accordance with all procedures,
requirements, and restrictions established for variances pursuant
to Chapter 18.03 entitled, "Zoning Procedures - Amendments,
Conditional Use Permits and Variances" of the Anaheim Municipal
Code.
18.55.0463 SIGNS APPROVED IN CONJUNCTION WITH CONDITIONAL USE
PERMITS.
Approval of any Conditional Use Permit shall be deemed to
constitute approval of any on-site signs which are otherwise
permitted in the BCC Overlay Zone unless, as part of the action
approving the Conditional Use Permit, more restrictive sign
requirements are imposed.
18.55.0464 LEGAL NONCONFORMING SIGNS - GENERAL.
Any sign or other advertising display or structure of
whatever type or nature, other than an illegal sign, which violates
or otherwise does not comply with the applicable requirements of
this Chapter shall be subject to compliance with the regulations
prescribed herein in the time and manner hereinafter set forth.
.010 Legal Nonconforming Signs - Continuation and
Termination
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Any legal nonconforming sign or sign structure in
existence in the BCC Overlay Zone on the effective
date of this Chapter which violates or otherwise
does not conform to the provisions hereof shall be
removed, altered, or replaced so as to conform to
the requirements of this Chapter (hereinafter the
"Abatement") within fifteen (15) years after the
date said sign first becomes nonconforming to the
provisions of this Chapter, or on such earlier date
as may be designated in conformance with the
requirements specified in Chapter 2.5 of Division 3
of the Business and Professions Code of the State
of California, or any successor provisions thereto.
In no event shall such abatement be required unless
and until the owner of said sign has received not
less than one (1) year's advance written notice
directing removal or alteration of the sign.
Notwithstanding the foregoing:
(1) Any advertising display which was lawfully
erected which does not conform to the provisions of
this Chapter, but whose use has ceased, or the
structure upon which the display exists has been
abandoned by its owner, for a period of not less
than ninety (90) days, shall be removed, altered,
or replaced so as to conform to the provisions of
this Chapter within six (6) months from the date of
receipt of a written order of abatement from the
City requiring such abatement. Costs incurred by
the City in removing an abandoned display shall be
borne by or charged to the legal owner of the real
property upon which said sign is located.
(2) Any advertising display structure which does
not conform to the provisions of this Chapter which
has been more than fifty percent (500) destroyed
(by valuation of the sign), and the destruction is
other than facial copy replacement, and said
structure cannot be repaired within thirty (30)
days of the date of its destruction shall be
removed, altered, or replaced so as to conform to
the provisions of this Chapter within sixty (60)
days from the date of receipt of a written order of
abatement from the City requiring such abatement.
(3) Any advertising display which does not conform
to the provisions of this Chapter, whose owner,
outside of a change of facial copy, requests
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29868.3
permission to remodel, and remodels that
advertising display, or expands or enlarges the
building or intensifies the land use upon which the
advertising display is located, and the display is
affected by the construction, enlargement, or
remodeling of the building, shall remove, alter, or
replace such sign so as to conform to the
requirements of this Chapter in conjunction with
said project.
(4) Any advertising display which does not conform
to the provisions of this Chapter for which there
has been an agreement between the advertising
display owner and the City for its removal as of
any given date shall remove such sign in accordance
with the provisions of said agreement.
(5) Any advertising display which may become a
danger to the public or is unsafe shall be removed,
altered, or replaced so as to conform to the
requirements of the Chapter within thirty (30) days
from the date of receipt of a written order of
abatement from the City requiring such removal er
alteration. Any advertising display which poses an
immediate danger to public health or safety, shall
be abated as provided _n the written order of
abatement from the City.
(6) Any advertising display which is determined by
the City Engineer to constitute a traffic hazard
not created by the relocation of streets or
highways or by acts of the City shall be removed,
altered, or replaced so as to conform to the
requirements of this Chapter as provided in the
written order of abatement from the City requiring
such removal or alteration.
(7) Any other advertising display which does not
conform to the provisions of this Chapter for which
the City is exempt from the payment of compensation
in conjunction with requiring its removal as
specified in Chapter 2.5 of Division 3 of the
Business and Professions Code of the State of
California, or any successor provisions thereto
shall be subject to removal as specified in said
Code.
(8) Illegal Signs. Illegal signs as defined in
subsection 18.48.130.010, "Definitions Pertaining
0
to Signs" of this Chapter shall be removed, altered
or replaced so as to conform to the requirements of
this Chapter within six (6) months following the
effective date of this Chapter."
SECTION 2. SEVERABILITY
The City Council 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 City 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 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 ordinaice
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 4. 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 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 therefor as provided for in this Ordinance.
SECTION S. ENVIRONMENTAL FINDINGS
That in accordance with the requirements of the California
Environmental Quality Act (California Public Resources Code
Section 21000 et seq.: "CEQA"), the State CEQA Guidelines
(Title 14, California Code of Regulations Section 15000 et seq.),
29868.3
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and procedures adopted by the Agency relating to environmental
evaluation of public and private projects, the City Council has
independently considered the program Final EIR certified in
connection with the adoption of the Redevelopment Plan, and finds
and determines that:
1. Pursuant to CEQA Section 21090 and
Section 15180 of the CEQA Guidelines, the BCC Overlay
Zone represents a public activity or undertaking pursuant
to, or in furtherance of, the Redevelopment Plan.
2. Pursuant to Section 15162 of the CEQA
Guidelines, no new effects could occur or no new
mitigation measures are required in connection with the
adoption of BCC Overlay Zone so as to require the Agency
to prepare either a subsequent EIR or a supplemental EIR.
The BCC Overlay Zone facilitates the redevelopment of
previously developed blighted urban property in
implementation of the Redevelopment Plan and the
potentially significant environmental effects of such
redevelopment was analyzed in the program Final EIR and
represents the implementation of mitigation measures
necessary to prevent the recurrence or sprerld of blight,
or those conditions which caused the blight in the
Project Area.
THE FOREGOING ORDINANCE is approved and adopted b1� the City
Council of the City of Anaheim this 6th_,_ day of April 1-999•
ATTES :
Z -CGL
VI-Iry CLERK OF T E CITY OF ANAHEIM
29868.3
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MAYOR OF THE C Y OF ANA10
IM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5677 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23rd day of March 1999, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 6th day of April, 1999, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5677 on the 6th day of April, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 6th day of April, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Ordinance No. 5677 and was published once in the North County News on the 15th
day of April, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
PROOF 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 twenty
one 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:
April 15, 1999
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date April 15, , 1999
-7 Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
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