6366ORDINANCE NO. 6 3 6 6
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TABLE 8-C (TEMPORARY USES AND STRUCTURES:
COMMERCIAL ZONES) OF SECTION 18.08.030 (USES) OF
CHAPTER 18.08 (COMMERCIAL ZONES) OF TITLE 18
(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 ON EITHER SIDE OF BROOKHURST
STREET AND ON ALL SIMILARLY ZONED PROPERTIES
LOCATED WEST OF BROOKHURST STREET 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 THIS ORDINANCE
IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTIONS
15060(C)(2) AND 15060(C)(3) OF THE CEQA GUIDELINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL
CHANGE IN THE ENVIRONMENT AND IS NOT A
"PROJECT", AS DEFINED IN SECTION 15378 OF THE CEQA
GUIDELINES.
(ZONING CODE AMENDMENT NO. 2016-00132)
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 pen -nit 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 on either side of Brookhurst Street and on all similarly
zoned properties located west of Brookhurst Street, 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 this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a "project", as defined in Section 15378 of the CEQA Guidelines; 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 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
C=Conditional Use
TEMPORARY USES AND STRUCTURES:
Permit Required
COMMERCIAL ZONES
N=Prohibited
C-
C-
C-
O-
O-
Special
NC
R
G
L
H
Provisions
Subject to
Carnivals & Circuses
P
P
P
N
N
§18.38.095 and
Chapter 3.32
Subject to
Christmas Tree & Pumpkin Sales
N
P
P
N
N
§ 18.3 8.240
Subject to
Contractor's Office & Storage
P
P
P
P
P
§ 18.3 8.105
Sale of Fireworks
P
P
P
N
N
Only permitted
on C -G, C -NC
2
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, tenn 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.
HI
and C-R zoned
properties
located on either
side, or west, of
Brookhurst
Street, 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, tenn 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.
HI
SECTION 4. 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 22ndday of March , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 12th day of
April , 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray and
Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
ATTEST:
/,I -�11 � � �,
CITY CLERK OF THE (71TTY OF ANAHEIM
112721-v6/TJR
CITY OF ANAHEIM
By: � rZL
MAYOR OF THE tITY OF ANAHEIM
11
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6366 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 22"d day of March, 2016, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 12th day of April, 2016, by the following vote
of the members thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2016.
CITY CLERK OF THE CITY F ANAHEIM
{Sf:AL) , -
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. 6366 and was published in the Anaheim Bulletin on the 21St day of April,
2016.
CITY CLERK OF THE CITY OF NAHEIM
AFFIDAVIT "UBLICATION
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:
April 21, 2016
"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: April 21, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
ORDINANCE NO. 6366
AN ORDINANCE HE CITY OF ANAHEIM AMENDING TABLE 8-C (TEMPORARY
USES AND STRL JRES: COMMERCIAL ZONESI OF SECTION 18.08.030 (USES)
OF CHAPTER 18.08 (COMMERCIAL ZONES) OF TIYLE 18 (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 ON EITHER SIDE OF
BROOKHURST STREET AND ON ALL SIMILARLY ZONED PROPERTIES LOCATED
WEST OF BROOKHURST STREET SUBJECT TO THE REQUIREMENTS OF
SECTION 6.40.030 ((SAFE AND SANE FIREWORKS PROHIBITED) OF CHAPTER
6,40 (FIREWORKS) i�F TITLE 6((PUBLIC HEALTH AND SAFE? OF THE ANAHEIM
MUNICIPAL CODE, BASED UPQN THE FINDING AND DETERMINATION THAT THIS
ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA} PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE
CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT AND IS NOT A "PROJECT", AS DEFINED IN SECTION 15378 OF
THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2016-00132)
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Sec-
tion 7 of the California Constitution, the City Council of the City of Anaheim ("Cityy Council')
has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and it, -idents; —d
WHEREAS, this City Council desires to amend Table 8-C (Temporary Uses and Struc-
tures: 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 fire-
works as a permitted temporary use 0n propert'as which are located within the "C -G" Gen-
eral Commercial Zone, the "C -NC" Neighborhood Center Commercial Zone and the "C-R"
Regional Commercial Zona of the City of Anaheim on either side of Brookhurst Street and
on all similarly zoned properties located west of Brookhurst Street, subject to the r�quire-
ments of Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 Fire-
works) of Title 6 (Public Health And Safety) of the Code; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 of 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 this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, be-
cause It will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project', as defined in Section 15378 of the CEQA Guidelines;
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 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:
SECTION 2
The City Council of the City of Anaheim hereby declares that should any section, para-
grapri, sentence, phrase, toren 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 de-
clared 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 de-
clares that it would have passed this Ordinance, and each section, subdivision, pararaph,
sentence, clause and phrase thereof, irrespective of the fact that any one lar more sec-
tion, subdivision, paragraph, sentence, clause or phrase had been declared invalid or un-
constitutional.
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 newspa-
i per 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 22th day of March, 2016, and thereafter passed and
adopted at a regular meeting of said City Council held on the 12th day of April, 2016, by the
following roil call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: _..._/s/ _
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM -
112721-v6/TJR
Publish: Anaheim Bulletin April 21, 201610155868
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SECTION 2
The City Council of the City of Anaheim hereby declares that should any section, para-
grapri, sentence, phrase, toren 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 de-
clared 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 de-
clares that it would have passed this Ordinance, and each section, subdivision, pararaph,
sentence, clause and phrase thereof, irrespective of the fact that any one lar more sec-
tion, subdivision, paragraph, sentence, clause or phrase had been declared invalid or un-
constitutional.
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 newspa-
i per 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 22th day of March, 2016, and thereafter passed and
adopted at a regular meeting of said City Council held on the 12th day of April, 2016, by the
following roil call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: _..._/s/ _
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM -
112721-v6/TJR
Publish: Anaheim Bulletin April 21, 201610155868