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6324ORDINANCE NO. 6324 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE TO INCLUDE THE DEFINITION OF FIREWORKS AND TO PERMIT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE BASED UPON THE FINDING AND DETERMINATION THAT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PTMU OVERLAY ZONE IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15304 OF THE STATE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2015- 00032) WHEREAS, at the special municipal election held on June 3, 2014, the electorate of the City of Anaheim (the "City ") voted to repeal Section 6.40.030 of the Anaheim Municipal Code, which prohibits (bans) the retail sale, possession or use of safe and sane fireworks in the City except pursuant to a public display permit issued by the Fire Chief, and authorized the City Council to regulate safe and sane fireworks ( "Measure E "); and WHEREAS, pursuant to the will of the electorate, as expressed in the passage of Measure E, and the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ( "City Council ") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, in order to implement that portion of Measure E that allows for the sale of safe and sane fireworks in the City, the Planning Director has initiated an amendment to the Zoning Code to include the sale of safe and sane fireworks as a permitted use and to identify the zoning district or districts of the City within which the sale of safe and sane fireworks may occur; and WHEREAS, the City Council desires to amend the Zoning Code to permit the sale of fireworks as a temporary use within the Arena District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that the effects of the sale of fireworks as a temporary use within the Arena District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone and the adoption of this Ordinance (collectively, the "Proposed Project ") are typical of those generated within that class of projects which consist of the minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. and that, therefore, pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 That Table 20 -C (Temporary Uses and Structures: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20 -C TEMPORARY USES AND P= Permitted by Right STRUCTURES: C= Conditional Use Permit PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE* N= Prohibited *Does not apply to the Office District; see GF= Ground Floor Commercial subsection 18.20.030.010 for Office District uses. PTMU GF Special Provisions Contractor's Office & P Subject to § 18.38.105 Storage (Contractor's Office & Storage) Open -Air Festivals P Requires all applicable City permits Special Events P Subject to § 18.38.240 (Special Events) Sale of Fireworks (applies P Onlypennitted in the Arena District and requires all applicable only to the Arena District) City and State peijnits 2 cFCTrnN That Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.20.200 IMPLEMENTATION. An approved final site plan and a development agreement between the property owner and the City of Anaheim are required for all development under the PTMU Overlay Zone except as exempt under subsection 18.20.200.020.0202 (Development Agreement Exemptions). .010 Final Site Plan Review. A final site plan application shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and the Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, site plans, floor plans, elevations, landscape plans, sign plans and any other such information as determined by the Planning Director. The approved final site plan shall be attached as an exhibit to the development agreement as required pursuant to subsection 18.20.200.020 (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed public hearing. .0101 Master Site Plan. For projects over twelve (12) acres, an approved master site plan may be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan and attached to the development agreement in lieu of an approved final site plan. If a master site plan is attached to the development agreement, final site plans shall be subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to issuance of building permits. A master site plan shall include any such information as determined by the Planning Director. .0102 Variances. A final site plan or master site plan which includes a request for a variance shall have an application for said variance processed concurrently with the development agreement. .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement. 3 .020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay Zone per Resolution No. 82R -565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute, except as otherwise exempt under subsection 18.20.200.020, paragraphs .0202 (Development Agreement Exemptions) and .0203 (Gateway District Sub -Area B). A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said development agreement. .0201 The Platinum Triangle Standardized Development Agreement. For all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts, the form of the development agreement shall be as approved per City Council Resolution No. 2004 -179, as may be amended, on file in the Office of the City Clerk, except as otherwise indicated under subsection 18.20.200.020.0204 (Development Agreements in conjunction with a Master Site Plan). .0202 Development Agreement Exemptions. Temporal Uses and Structures, as described in Table 20 -C (Temporary Uses and Structures: Platinum Trianulc Mixed Use (PTMU) Overlay Zone) of Section 18 20.030 (Mixed Use Distri Uses) of this Chapter are exempt from the development agreement requirements. In addition, following F&tlowiig- construction and commencement of operation of a project that has been implemented pursuant to an approved development agreement, the following projects or improvements do not require a development agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .O1 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right -of -way; do not exceed five percent (5 %) of the building's gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and are in conformance with the design plan and the zoning and development standards set forth in this chapter. .03 Exterior fagade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right -of -way, and are in substantial conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. M .04 Signage, including wall signs and on -site directional /informational signs and which signs are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. .0203 Gateway District Sub -Area B. Multiple - Family development in the Gateway District Sub -Area B, as authorized by approved Conditional Use Permit No. 2003 - 04763, shall be exempt from the requirement for the property owner to enter into a development agreement with the City of Anaheim. .0204 Development Agreements in conjunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan for all development within the Katella, Gene Autry, Gateway, Orangewood and Office Districts shall be as approved per City Council Resolution No. 2004- 179, as it may be amended, on file in the Office of the City Clerk, with the exception that the term "final site plan" shall be replaced with "master site plan" and that time extensions may be requested provided that project milestones are met as indicated in the development agreement. .030 Environmental Review. Development agreement review by the Planning Commission shall include an environmental determination for the proposed project as depicted in the final site plan or master site plan. SECTION 3. That Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.36.060 TEMPORARY USE CLASSES. The following use classes are intended to describe those uses that are allowed for a limited and fixed period of time. .010 Carnivals & Circuses. This use class consists of the temporary operation of a commercial carnival or circus for entertainment, but not for promotional purposes for a business. 5 .020 Christmas Tree & Pumpkin Sales. This use class consists of the sale of Christmas trees, Christmas tree stands, and Christmas wreaths on sale prior to December 25th of each year. The sale of trees and wreaths made of synthetic materials is not included. The use class also includes the sale of pumpkins prior to October 31 st of each year. .030 Contractor's Office & Storage. This use class consists of temporary structures for the housing of tools and equipment or for supervisory offices in connection with major construction projects during the progress of the construction on such projects. .040 Sale of Fireworks. This us class consists of the temporary sale of "fireworks ". as that term is defined in Section 18.92.090 ("F" Words. Terms and Phrases) of Chanter 18.92 of this Code. .040 Open -Air Festivals. This use class consists of outdoor events oriented to tourists and /or visitors. Such events may include a public gathering, speech, concert, presentation or show. .050 Real Estate Tract Office. This use class consists of one temporary real estate office and temporary real estate subdivision or tract sign located on any new subdivision located within the City. .040 Real Estate Tract Signs. This use class consists of temporary signs advertising a contiguous grouping of residential lots or units for sale or lease. X0 .080 Special Events. This use class consists of any event, promotion or sale sponsored by a business, shopping center or organization that is held outside the confines of the building, whether or not a business license is required, and that may include, or be limited to, the display of temporary signs, flags, banners, fixed balloons, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged. SECTION 4. That Section 18.92.090 ( "F" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.090 "F" WORDS, TERMS AND PHRASES. "Family." An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit. "Family Day Care." Regularly provided care, protection and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians of such children are away. The term "Provider," as used herein, means a person who operates a "Family Day Care" home and is licensed or registered pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of the California Health and Safety Code. "Family Day Care Home, Large." A home, located in a single - family dwelling in a residential zone, which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home, as defined in regulations of the California Department of Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations). "Family Day Care Home, Small." A home, located in a single - family dwelling in a residential zone, which provides family day care to eight (8) or fewer children, including children who reside at the home, as defined in regulations of the California Department of Social Services. "Fences, Walls, Hedges and Berms." A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term "Continuous Barrier," as used herein, includes: any masonry or rock wall; any wood, iron, steel, plastic, glass, fiberglass, ehainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and /or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a property. "Figure Model." Any person, male or female, either nude or semi -nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct. "Figure Model Studio." Any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi- nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services. " FirexN orks ". 'Those fireworks that are defined and classified as Safe and Sane Fireworks (also known as "state- approved fireworks ") in Sections 12529 and 12562 of the Health and Safety Code of the State of California and the relevant VA sections of Chapter 6. 'Title 19, California Code of Regulations), or any successor provision thereto, subject to regulation by the City Council. "Floodplain." Area susceptible to flooding, defined as the "regulatory floodway" and designated as a "special flood hazard area" (subject to a one percent (1 %) or greater chance of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area. "Floor Area, Gross." The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. "Floor Area, Livable." The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking. "Floor Area Ratio." The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area. "Fortunetelling." A business involving fortunetelling. The term "fortunetelling" shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. SECTION 5 . SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase E thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 7 . EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21 st day of APRIL , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of MAY , 2015, by the following roll call vote: AYES: Mayor Pro Tern Kring, Council Members: Murray, Brandman, and Vanderbilt NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYO OF THE CITY OF ANAHEIM ATTES CITY CLERK OF THE CITY OF ANAHEIM 107973- v3 /TJR 6 AFFIDAVIT OF PUBLICATION ; TPROOF OF PUBLICATION STATE OF CAL6RMA, ) )ss. County of Orange ) I am a citizen of the United States and a resident Proof of Publication of 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 Paste Clipping of clerk of the Anaheim Bulletin, a newspaper that Notice SECURELY has been adjudged to be a newspaper of general In This Space circulation by the Superior Court of the County N of Orange, State of California, on December 28, SU CITY OF ANAHEIMARY M ORDINANCE NO.6324 1951, Case No. A-21021 in and for the City of Al(ZRDINANCE OF CITY OF 18ONING CODE)OF THEE ANAHEIM MUNICIPAL NIICIPALAMENDING CODE TO INCLUDE THE DEFINITION OF FIREWORKS AND TO PERMIT Anaheim, County of Orange, State of California; THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PLATINUM TRIANGLE MIXED ^ USE (PTMU) OVERLAY ZONE BASED UPON THE FINDING that the notice, of which the annexed is a true AND DETERMINATION THAT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PTMU OVERLAY ZONE IS CATEGORICALLY EXEMPT FROM printed copy,has been published in each regular • THE P QUALITY ACTS(ONS OF A)PURSUANTCALIFORNIA SECTION ENVIRONMENTAL R N OF THE STATE and entire issue of said newspaper and not in any 2015-00032).A GUIDELINES(ZONING CODE AMENDMENT NO. • supplement thereof on the following dates, to This ordinance amends Title 18(Zoning Code)of'the Anaheim Municipal Code to prfrmit the sale of fireworks as a permitted temporary use within the Arena District of the Platiflum Triangle Mixed Use(PTMU)Overlay Zone. Specifically,this ordinance amends Table 20-C wit: (Temporary Uses and Structures:Platinum Triangle Mixed Use(PTMU)Overlay Zone)of Section 18.20.030(Mixed Use District Uses)of Chapter 18.20(Platinum Triangle Mixed+Use (PTMU)Overlay Zone)of Title 18(Zoning Code)to include the sale of fireworks as a tem: May 14,2015 porary use permitted by right in the Arena District of the Platinum Triangle Mixed Use (PTMU)Overlay Zone. This ordinance also includes definitions of the term"Sale of Fire- works"as a use class within Section 18.36.060(Temporary Use Classes)of Chapter 18.36 (Types of Uses) of Title 18 (Zoning Code) and the term "Fireworks" within Section 18.92.090("F"Words,Terms and Phrases)of Chapter 18.92{Definitions)of Title 18(Zoning "I certify (or declare) under the penalty of Code). Finally,this ordinance provides an exemption from the requirement for a develop- ment agreement for the temporary uses and structures described in the aforementioned Table 20-C(Temporary Uses and Structures:Platinum Triangle Mixed Use(PTMU)Overlay perjury under the laws of the State of California Zone). I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoingis a that the foregoing is true and correct".• summary of Ordinance No.6324 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim orr the 21st day of April,2015 and was duly passed and adopted at a regular meeting of said Council on the 5th day of May,2015 by the fol- lowing roll call vote of the members thereof: Executed at Santa Ana, Orange County, AYES: Council Members Kring,Murray,Brandman and Vanderbilt California,on NOES: Mayor Tait ABSENT: None Date:May 14,2015 `ABSTAIN: None • 4121/14.---2.,› The above summary is a brief description of the subject matter contained in the text of Or- dinance No.6324,which has been prepared pursuant to Section 512 of the Charter of the. City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance,please contact the Office of the City Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no charge for the copy. IPublish:Anaheim Bulletin Mav 142015100-47CCg8_ r - Signature Anaheim Bulletin 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209