The purpose of this chapter 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 so as to assist in the elimination of blight and blighting influences. It is further intended to encourage suitable residential development at mid-block and other appropriate locations in the Brookhurst Sub-Area. (Ord. 5920 § 1 (part); June 8, 2004.)

   The Brookhurst Commercial Corridor (BCC) Overlay Zone may be combined with any zone ("underlying zone") within the Brookhurst Sub-Area of the West Anaheim Commercial Corridors Redevelopment Project Area. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 17; October 25, 2005.)

   The West Anaheim Commercial Corridors Redevelopment Project Area 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 consists of property located within the boundaries of the project area for the West Anaheim Commercial Corridor Redevelopment Project. The 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 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. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Applicable Regulations. Unless otherwise set forth in this chapter, the permitted, accessory, and conditionally permitted uses in the (BCC) Overlay Zone shall be those permitted by the underlying zone. The regulations and development standards that apply to the underlying zone of property in the (BCC) Overlay Zone shall remain the same, except as specified in this chapter. The provisions of this chapter shall apply in addition to, and where inconsistent with, shall supersede, the corresponding regulations of such underlying zones.

   .020   Legal Nonconforming Use. The provisions of Chapter 18.56 (Nonconformities)of the Anaheim Municipal Code shall not apply to legal nonconforming uses that are prohibited in the (BCC) Overlay Zone. A legal nonconforming use that is prohibited in the (BCC) Overlay Zone may not be intensified or expanded in area or volume, except as provided in this section, as follows:

      .0201   Expansion of Legal Nonconforming Use. The expansion of a legal nonconforming use may be permitted subject to the approval of a conditional use permit in accordance with the provisions of Chapter 18.66 (Conditional Use Permits).

      .0202   Limitations to the Expansion of Legal Nonconforming Uses. The expansion of legal nonconforming uses within the (BCC) Overlay Zone is limited to operating businesses that hold permits from California Department of Alcoholic Beverage Control to sell alcoholic beverages for consumption on premises, subject to the following additional criteria.

         .01   Such uses may only be eligible for a one-time expansion not to exceed 100% of the existing gross floor area of the business.

         .02   Such expansions shall only be allowed to occur within existing adjacent building area and shall not result in an increase of the existing building footprint or an increase in building height.

         .03   Site improvements intended to bring the entire building and property into greater conformity with current code standards, including, but not limited to, parking lot improvements, landscaping and building façade enhancements and the removal of nonconforming signs, shall be implemented as part of the expansion proposal and shall be considered as part of the conditional use permit application. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 11; September 28, 2004: Ord. 6199 § 1; November 16, 2010.)

   .010   Except as exempted in Section18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards), where any building permit is sought for a development project in the (BCC) Overlay Zone that encompasses two (2) or more contiguous parcels, the following shall apply:

      .0101   Unless otherwise approved by the City Traffic and Transportation Manager, driveway openings to arterial highways shall be consolidated so that they are spaced a minimum of one hundred fifty (150) feet apart.

      .0102   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 California Government Code Sections 66451.10 and 66451.11, and as it may be amended from time to time), and any City ordinance. The Planning

Commission may grant variances from the requirements of this subsection, pursuant to the provisions of Section 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards).

   .020   Except as provided in Section 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the (BCC) Overlay Zone, street trees that 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 also be planted in the tree wells. A plan containing street trees and shrubs shall be submitted to the Planning Director, for a determination that the proposed plan is consistent with the study and the Redevelopment Plan for the West Anaheim Commercial Corridor Redevelopment Project. (Ord. 5920 § 1 (part); June 8, 2004.)

   The requirements contained in Chapter 18.08 (Commercial Zones) for the Low Intensity Office Zone ("O-L") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited:

   .010   Boarding Houses.

   .020   Bingo establishments.

   .030   Non-residential use of residential structures.

   .040   Hotels, motels, and motor inns.

   .050   Mobile home and/or trailer parks.

   .060   Mobile home park subdivisions.

   .070   Off-premises sale of alcoholic beverages.

   .080   Reconstruction of a single-family residence, damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction.

   .090   Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits).

   .100   Storage of Class C explosives in any amount. (Ord. 5920 § 1 (part); June 8, 2004; Ord 6493 § 8; September 29, 2020)

   .010   Uses Prohibited. The requirements contained in Chapter 18.08 (Commercial Zones) for the General Commercial ("C-G") Zone shall apply, except that, notwithstanding any other provisions of this chapter to the contrary, the following permitted, accessory and conditional uses shall be prohibited:

      .0101   Amusement device arcades.

      .0102   Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved pursuant to subsection .020 below.

      .0103   Billboards.

      .0104   Boarding Houses.

      .0105   Computer Internet & Amusement Facilities.

      .0106   Hotels, motels, and motor inns.

      .0107   Labor camps.

      .0108   Large collection facilities for recycling purposes.

      .0109   Liquor stores.

      .0110   Deleted.

      .0111   Mobile home and/or trailer parks.

      .0112   Mobile home park subdivisions.

      .0113   Nightclubs.

      .0114   Non-residential use of residential structure.

      .0115   Off-premises sale of alcoholic beverages in premises with fifteen thousand (15,000) square feet or less in interior building floor area.

      .0116   Pawnshops.

      .0117   Pool and/or billiard centers

      .0118   Dance Venue, as defined in Section 18.92.070 (“D” words, terms and phrases.) of Chapter 18.92.

      .0119   Reconstruction of a single-family residence damaged or destroyed, except a legally established single-family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS-2" or "RS-3" Zone, based on lot size; provided that a complete and proper application for a building permit is filed with the Building Division, within two (2) years of the date of the event that caused the damage or destruction.

      .0120   Saunas and spas.

      .0121   Self-storage or mini-warehouse facilities.

      .0122   Sex-oriented businesses.

   .020   Uses Permitted with a Conditional Use Permit. In addition to those conditional uses and structures for the C-G Zone, and further subject to subsection .010 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 Chapter 18.66 (Conditional Use Permits).

      .0201   Bed & Breakfast Inns.

      .0202   Bingo establishments.

      .0203   Bus depots.

      .0204   Collection facilities for dropping off previously owned goods as a donation for subsequent sale by a not-for-profit organization.

      .0205   Markets, grocery stores or drug stores, without off-premise sale of alcoholic beverages, with fifteen thousand (15,000) or less square feet of interior building floor area.

      .0206   Markets, grocery stores or drug stores, with off-premise sale of alcoholic beverages and more than fifteen thousand (15,000) square feet of interior floor area, provided that the area used for alcohol display shall not exceed twenty-five percent (25%) of the retail sales floor area of the store.

      .0207   Reconditioned or used merchandise sales.

   .010   Applicable Provisions. The provisions of Chapter 18.44 (Signs), Chapter 4.04 (Outdoor Advertising Signs and Structures – General), and Chapter 4.09 (Outdoor Advertising of Motel and Hotel Rental Rates) shall apply to signs and advertising structures in the (BCC) Overlay Zone to the extent such provisions are not inconsistent with this chapter.

   .020   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 that 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.

   .030   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.

      .0301   Any legal nonconforming sign or sign structure in existence in the (BCC) Overlay Zone as of April 6, 1999, that 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 the 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 abatement be required, unless and until the owner of the sign has received not less than one (1) year's advance, written notice, directing removal or alteration of the sign.

      .0302   Notwithstanding the foregoing, the following provisions apply:

         .01   Any advertising display that was lawfully erected and 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.

         .02   Any advertising display structure that does not conform to the provisions of this chapter, which has been more than fifty percent (50%) 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.

         .03   Any advertising display which does not conform to the provisions of this chapter, whose owner requests permission to remodel (outside of a change of facial copy), 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.

         .04   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.

         .05   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 this chapter, within thirty (30) days from the date of receipt of a written order of abatement from the City requiring such removal or alteration. Any advertising display that poses an immediate danger to public health or safety shall be abated, as provided in the written order of abatement from the City.

         .06   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.

         .07   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.

         .08   Illegal Signs. Illegal signs, as defined in Chapter 44 (Signs), shall be removed, altered or replaced so as to conform to the requirements of this chapter, within six (6) months following April 6, 1999. (Ord. 5920 § 1 (part); June 8, 2004.)