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