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6381ORDINANCE NO. 6 3 81 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TABLE 120-B OF SECTION 18.120.040 (USES) OF CHAPTER 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE. (SPECIFIC PLAN ADJUSTMENT NO. 2016-00068) 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 of Anaheim (the "City") and its residents; 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, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council finds and determines that the effects of the adoption of this ordinance are typical of those generated within that class of projects (i.e., Class I — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the adoption of this ordinance will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 120-B (Primary Uses By Development Area: Non -Residential Use Classes) of Section 18.04.030 (Uses) of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 120-B P=Permitted by Right PRIMARY USES BY DEVELOPMENT C=Conditional Use Permit Required AREA: NON-RESIDENTIAL USE N=Prohibited CLASSES T=Telecommunications Antenna Review Permit Required DA- DA- DA- DA- DA- DA - Special Provisions 1 2 3 4 5 6 Agricultural Crops P P N P P P Alcoholic Beverage P/C P/C P/C P/C P/C C Subject to Section 18.3 8.025 Manufacturing Permitted without a conditional use Alcoholic Beverage N N P/C P/C P/C N permit in DA 3, DA 4 and DA 5 if Sales—Off-Sale use is in conjunction with Markets— Large Alcoholic Beverage C C P P P C Sales—On-Sale Ambulance Services P P N N C C Permitted without a conditional use Animal Boarding P/C P/C P/C P/C P/C P/C permit when conducted entirely indoors subject to Section 18.3 8.270 Permitted without a conditional use Animal Grooming P/C P/C P/C P/C P/C P/C permit when conducted entirely indoors subject to Section 18.38.270 Permitted without a conditional use permit if designed similar to stealth Antennas—Broadcasting P/C P/C P/C P/C P/C P/C telecommunications facility, as defined in Section 18.38.060.030.0312 Antennas—Private T T T T T T Transmitting Antennas— T T T T T T Subject to Sections -18.3 8.060 & Telecommunications 18.62.020 Automated Teller P P P P P P Subject to Section 18.36.040 Machines (ATM's) Automotive—Vehicle C C C N C N Subject to Section 18.38.200 Sales, Lease & Rental Automotive—Sales C C C C C N Subject to Section 8.065 Agency Office .18.3 Automotive—Impound C C N N N N I Subject to Section 18.38.200 Yards Automotive—Public P P I P P I P P Parking Permitted without a conditional use Automotive—Parts Sales P/C P/C N P/C P/C N pen -nit when conducted entirely indoors Automotive—Repair and C C N C C N Modification Automotive—Service Subject to Section 18.38.070; In DA - Stations P P C P P N 3, must be adjacent on to both La Palma and Tustin Avenues Automotive—Washing C C C C C C Bars & Nightclubs N N C C C N Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080 Beekeeping C C N N N C Billboards N N N N N N Boat & RV Sales C C N N C N Subject to Section 18.38.200 No more than 30% of the outdoor Building Material Sales C C N N C N area, excluding parking, shall be devoted to outdoor displays; subject to Sections 18.38.190 and 18.38.200 Business & Financial P P P P P N Services Cemeteries N N N N N N Commercial Retail Subject to Section 18.38.115; Centers N N P/C P/C P/C N otherwise, a conditional use permit is required. Community & Religious Permitted in DA- I pursuant to Assembly N N C C C N Conditional Use Permit No. 2016- 05874. Computer Internet & N N N N N N Amusement Facilities Convalescent & Rest N N C N N N Homes Subject to Section 18.38.110; Convenience Stores N N P P P N otherwise, a conditional use permit is required. Dance & Fitness N N P I P P I N Studios—Large Dance & Fitness N N P P P N Studios—Small Permitted without a conditional use permit in DA -1, DA -2 and DA -3 if Day Care Centers P/C P/C P/C P P N integrated within a multi- tenant office building as an accessory use to serve office tenants. Drive -Through Facilities N N C C C N Educational Institutions— P P P P P N Business I Educational Institutions— N N I C C C N General Educational Institutions— N N P P P N Subject to Section 18.36.040.050 Tutoring Emergency Shelters (50 P P N N N N Subject to Section 18.38.125 of fewer occupants) Emergency Shelters (more than 50 C C N N N N Subject to Section 18.38.125 occupants) Entertainment Venue N N C C C N Permitted without a conditional use Equipment Rental— P/C P/C N P/C PIC C N permit if use is conducted wholly Large indoors including storage and display of equipment Permitted without a conditional use Equipment Rental— P/C P/C P/C P/C P/C N permit if use is conducted wholly Small indoors including storage and display of equipment Golf Courses & Country N N N N N C Clubs Group Care Facilities N N C N N N Subject to Section 18.36.040.070 Requires a conditional use permit in Helipads & Heliports P/C P N N C N DA -1 if the use is located within 1,000 feet from a residentially -zoned parcel i Hospitals J C I C I N I N I C I N I Hotels & Motels N N C N C N Industry P P N N N C Industry—Heavy P P N N N C Junkyards C C N N N N Subject to Section 18.38.200 Markets—Large N N P P P N Subject to Section 18.38.155; Markets—Small N N P/C P/C P/C N otherwise, a conditional use permit is required Medical & Dental C C P P P N Offices Mortuaries C C N N N N Offices—Development P P P P P N Offices—General P P P P P N Oil Production C C N N N N Subject to Section 18.38.180 Permitted without a conditional use Outdoor Storage Yards P/C P/C N N N N pen -nit if all storage is screened from view; subject to Section 18.38.200 Laundromats are subject to Section Personal Services— N N P/C P/C P/C N 18.38.150; otherwise, a conditional General use permit is required. Massage subject to Section 18.16.070 Personal Services— N N C C C N I Restricted Subject to Sections 18.38.190, Plant Nurseries P/C P/C N P/C P/C P/C 18.38.200 and 18.38.205; otherwise, I a conditional use permit is required. Public Services P P C C C N Subject to Section 18.38.085; Recreation—Billiards N N P/C P/C P/C N otherwise, a conditional use permit is required. Recreation—Commercial Amusement arcades are allowed only Indoor N N C P P N in conjunction with a hotel, motel, or a bowling alley Recreation—Commercial N N C C C C Outdoor I I I I I I Recreation—Low-Impact I P I P I P I P J P P Recreation—Swimming Permitted without a conditional use N N P/C P/C P/C P/C permit if use is conducted wholly & Tennis indoors Recycling Services— C P N N N C Subject to Chapter 18.48 General Subject to Chapter 18.48, Small processing facilities under 4,000 s.f. Recycling Services— P/C P N N N P/C that conduct all work inside are Processing allowed in DA -1 and DA -6 without a I conditional use permit Repair Services—General P P P P P N Repair Services—Limited P P P P P N Research & P P P P P C Development Restaurants—Drive- N N C C C N Subject to Section 18.38.220 Through Fast food and take-out service are permitted without a conditional use Restaurants—General C C P P P C permit when a part of an industrial or office complex of 5 or more units; I subject to Section 18.38.220 Restaurants—Outdoor C C P P P C Subject to Section 18.38.220 Dining Restaurants—Walk-Up C C P P P C Permitted by conditional use permit in DA -1 & DA -2 only if the retail is Retail Sales—General CIN C/N P P P N industrially -related or household furniture occupying a minimum of 50,000 square feet of building floor area. Retail Sales—Kiosks N N C C C C Retail Sales—Outdoor N N C C C C Subject to Sections 18.38.190 and 1 18.38.200 Retail Sales—Used N N P P P N I Merchandise Room & Board N N C N N N Self -Storage C C I N N J N N Subject to Council Policy No. 7.2 Sex -Oriented Businesses P P N N N N Subject to Chapter 18.54 Subject to Section 18.16.080; Smoking Lounge N N P/C P/C P/C N otherwise, conditional use permit is required. Studios—Broadcasting P/C P/C I P/C P/C I P/C N Permitted without a conditional use permit if there is no live audience. Studios—Recording P/C P/C P/C P/C P/C N Permitted without a conditional use I permit if there is no live audience. Towing Services P P N N N N Transit Facilities C C P C C N Truck Repair & Sales P P N N C N Subject to Section 18.38.200 Utilities—Major C C C C C C I Payphones must be located on the Utilities—Minor P P P P P P interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270; otherwise, a conditional use permit is required. Warehousing & Storage- P P N N P C Enclosed Wholesaling j P j P N N P C SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, 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 or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 3. SAVINGS CLAUSE; CONTINUITY. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 4. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof 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 5. EFFECTIVE DATE. This Ordinance shall take effect and be in fall 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 27tbday of September , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 18 thday of October , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM 3UV1 118043-vl/TJR 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. 6381 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of September, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of October, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of October, 2016. Qav 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 gem;rai 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: October 27, 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: October 27, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION U $ T RY PUBLICATION ORDINANCO. f 18.120,040 (USE 4P O 61 18,�0 �((AN M CANYON�SPEG IG PL 201 1 P 2015• 7tN AN1 DEVE) gP�INT STANQARDSj'bR TIT (ZO��l�jOl�TkC�/±�IAH�IiiBJNICIPAL(�D�.>.. - {SPBCIFICP(AN 9DJUSTMENT NO, 2016-00088}, Of 1, Linda N, Andal, City Clerk of the 64 ofAnahbtm, do gerebicettify#Rist.*16 fof going is a aummam of Ordrmanna Nn swat which ordinance was ikfrotluoed At. a raeular ineetina of by the following ioll,oall vote of the rnem6ers thereof, AYES: Mayor Tait and Coµncil Members Kr, Murmy, BrandM, on and Vapderbilt NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No. 6381, 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 bf 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 throughFriday. There is no charge for the copy. 119681fTJR Publish: Anaheim Bulletin October 27, 201610208450