6408AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TABLE 8-C (TEMPORARY USES AND STRUCTURES:
COMMERCIAL ZONES) OF SECTION 1.8.08.030 (USES) OF
CHAPTER 18.08 (COMMERCIAL ZONES) OF TITLE 1.8
(ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE TO
PERMIT THE SALE OF FIREWORKS AS A TEMPORARY
USE WITHIN THE "C -G" GENERAL COMMERCIAL ZONE,
THE "C -NC" NEIGHBORHOOD CENTER COMMERCIAL
ZONE AND THE "C-R" REGIONAL COMMERCIAL ZONE OF
THE CITY LOCATED WEST OF CALIFORNIA STATE
ROUTE (SR) 57 SUBJECT TO THE REQUIREMENTS OF
SECTION 6.40.030 (SAFE AND SANE FIREWORKS
PROHIBITED) OF CHAPTER 6.40 (FIREWORKS) OF TITLE 6
(PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM
MUNICIPAL CODE, BASED UPON THE FINDING AND
DETERMINATION THAT THE SALE OF FIREWORKS AS A
TEMPORARY USE IS CATEGORICALLY EXEMPT FROM
THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15061 (13)(3) OF THE STATE CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2017-00139)
WHEREAS, pursuant to 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, this City Council desires to amend Table 8-C (Temporary Uses and
Structures: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones) of Title 18 of the Anaheim Municipal Code to permit the sale of safe and sane fireworks
as a permitted temporary use on properties which are located within the "C -G" General
Commercial Zone, the "C -NC" Neighborhood Center Commercial Zone and the "C-R" Regional
Commercial Zone of the City of Anaheim located west of California State Route (SR) 57, subject
to the requirements of Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40
(Fireworks) of Title 6 (Public Health And Safety) of the Code; 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 permitted temporary use on properties which are located within the "C -G" General
Commercial Zone, the "C -NC" Neighborhood Center Commercial Zone and the "C-R" Regional
Commercial Zone of the City of Anaheim and which are also located west of California State
Route (SR) 57 (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 the
Proposed Project does not have the potential for causing a significant effect on the environment
and pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the Proposed Project 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 I..
That Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section
18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
2
P=Permitted by Right
Table 8-C
TEMPORARY USES AND STRUCTURES:
C=Conditional Use
COMMERCIAL ZONES
Permit Required
N=Prohibited
C-
0-
Special
NC
R
G
L
10-
H
Provisions
Subject to
Carnivals & Circuses
P
P
P
N
N
§18.38.095 and
Chapter 3.32
Christmas Tree & Pumpkin Sales
N
P
P
N
N
Subject to
I
I I
§ 18.3 8.240
Contractor's Office & Storage
P
P
P
P
P
Subject to
§18.38.105
Only permitted
Sale of Fireworks
P
P
P
N
N
on C -G, C -NC
and C-R zoned
properties
2
SECTION 2.
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
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. 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 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
3
located west of
State Route (SR)
57 , subject to
Chapter 6.40
(Fireworks) of
Title 6 (Public
Health and
Safety).
Special Events
P
P
P
P
P
Subject to
§ 18.3 8.240
SECTION 2.
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
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. 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 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the: 4ah:day of .April , 2017, and thereafter
passed and adopted at a regular meeting of said City Council held on the 2 5th day of
April , 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Barnes,
and Moreno
NOES: Council Members Murray, Kring- , and Faessel
ABSENT: None
ABSTAIN: None
ATTEST:
Qxi6c�D
CITY CLE OF THE CITY bF ANAHEIM
121399v1/LHM
CITY OF ANAHEIM
By: (/,Z/,
MAYOR OF THE CITY OF ANAHEIM
4
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6408 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of April, 2017, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 25th day of April, 2017, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno
NOES: Council Members Murray, Kring, and Faessel
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2017.
4110
r diPitr.•
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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:
May 4, 2017
"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: May 4, 2017
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6408
This ordinance provides for amendments to Chapter 18.08 (Commer-
ciol Zones) of Title 18 (Zoning) of the Anaheim Municipal Code to
amend Table 8-C (Temporary Uses and Structures: Commercial
Zones) to permit the sale of fireworks as a temporary use within the
General Commercial, •C -NC• Neighborhood Center Commercial,
and, the •C-R• Regional Commercial zones of the it of Anaheim that
are located west of California State Route 57 subiect to the regula.
tion and requirements provided in Section 6.40.030 (Safe and one
Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title b (Public
Health and Safety) of the Anaheim Municipal Code.
i 1, Linda N. Andals City Clerk of the City of Anaheim, do hereby certi.
fv that the foregoing is a summary'of Ordinance No. 6408 which ordi
nance was introduced at a regular meeting of the City Council of the -
City of Anaheim on the 4th day of April, 2017 and was duly passed and
adopted at a regular meeting of said Council on the 25th day of April,
2017 by the following roll call vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Barnes,
and Moreno
NOES: Council Members Murray, Kring, and Faessel
ABSENT:- None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6408, which has been prepared pur-
suant to Section 512 of the Charter of the City of Anaheim. This sum
and should not include
e relied or describe a substitute forthe full texteof the ordie
-
nance.
To obtain a copy of the full text of the ordinance, please contact the
Xfice of the CityClerk, (714) 765-5166, between 8:00 AM and 5:00 PM,
Monday through iday. There is no charge for the copj
22355vi/LHM Publish: Anaheim Bulletin Mayo, 201 7 1094241 7