6441ORDINANCE NO. 6 4 41
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.60 (PROCEDURES) OF
TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO
PREPARE ADDITIONAL ENVIRONMENTAL
DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTION 15060(C)(2) BECAUSE IT
WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT.
(ZONING CODE AMENDMENT NO. 2017-00145)
(DEV2017-00123)
WHEREAS, the California Government Code prescribes minimum noticing requirements
for public hearings that are required to be held prior to consideration of certain land use
applications including, but not limited to, conditional use permits, variances, zone changes and
subdivision maps; and
WHEREAS, the City Council of the City of Anaheim desires to provide notice in excess
of the minimum State -law requirements in certain circumstances; and
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, the City Council finds and determines that this ordinance is exempt from the
requirements to prepare additional environmental documentation pursuant to CEQA Guidelines
Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the City Council determines that this ordinance is a matter of citywide
importance and necessary for the preservation and protection of the public peace, health, safety
1
and/or welfare of the community and 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
ORDAIN AS FOLLOWS:
SECTION 1. That Section 18.60.100 (Notice of Public Hearing) of Chapter 18.60
(Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.60. 100 NOTICE OF PUBLIC HEARING.
Notice of the public hearing shall be provided, as required by the California
Government Code and, in addition, notice will be required pursuant to the
Subsections below. The description of the property shall include a reference to the
nearest public street intersection, and the direction of the project site relative to
that intersection. A fee may be charged for providing notice to anyone who is not
specifically required to be notified but who has filed a written request for notice
with the City.
.010 Publication in Newspaper. Notice of public hearing for projects that
apply citywide, such as an amendment to the General Plan or the Zoning Code,
shall be published in the newspaper of general circulation designated for the
publishing of legal notices by the City Council pursuant to City Charter Section
517 and shall clearly state that the project applies citywide, nature of the request,
date, time and place of the scheduled hearing and the hearing body.
.020 Categorical Exemptions, Negative Declarations and Mitigated Negative
Declarations. Notice of public hearing for non -citywide projects recommended
for consideration of a Categorical Exemption, Negative Declaration or Mitigated
Negative Declaration in accordance with the California Environmental Quality
Act (CEQA) Guidelines shall be mailed to owners and tenants of property within
a radius of five -hundred (500) feet of the exterior boundaries of the property
involved in the application request. The notice shall clearly state the nature of the
request, location of the property, date, time and place of the scheduled hearing
and the hearing body.
.0201 The Director of Planning and Building may direct that notice be
mailed beyond the minimum 500 -foot radius if necessary to ensure equitable
noticing to neighboring properties.
.030 Environmental Impact Reports. Notice of public hearing for non -
citywide projects requiring an Environmental Impact Report in accordance with
the CEQA Guidelines shall be mailed to owners and tenants of property within a
radius of one -thousand (1,000) feet of the exterior boundaries of the property
2
involved in the application request and shall be issued in accordance with CEQA
and the CEQA Guidelines.
.0301 The Director of Planning and Building may direct that notice be
mailed beyond the minimum 1,000 -foot radius if necessary to ensure equitable
noticing to neighboring properties.
SECTION 2. 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 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.
HI
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 17th day of July, 2018, and thereafter passed and adopted at a
regular meeting of said City Council held on the 14TH day of Au ust, 2018, by the following roll
call vote:
AYES: Mayor Pro Tem Moreno and Council Members Vanderbilt, Barnes, and Faessel
NOES: Mayor Tait and Council Members Murray, and Kring
ABSENT: None
ABSTAIN: None
ATTEST:
C OF THE CITY OF ANAHEIM
126753/LHM
CITY OF ANAHEIM
1z a
By:
('/-
MAOR OF THE ITY 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. 6441 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 17th day of July, 2018 and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 14th day of August, 2018 by the following vote of
the members thereof:
AYES: Mayor Pro Tem Moreno and Council Members Vanderbilt, Barnes, and Faessel
NOES: Mayor Tait and Council Members Murray, and Kring
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of August, 2018.
CITY CLERK Of THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
FILE NO. Ordinance 6441
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
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:
08/23/2018
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 Anaheim, Orange County, California, on
Date: August 23, 2018.
0('�'o
Signature
PROOF OF PUBLICATION
Legal No. 0011162107
JCREGISTER.COM
CITY OF ANAHEIM
ORDINANCE NO. 6441
AN ORDINANCE OF THE CITY OF ANAHEIM AMEND-
ING CHAPTER 18.60 (PROCEDURES) OF TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE AND
FINDING AND DETERMINIIVG-THA.T .THIS ORIlI-
' ENTS TO
PREPARE ADDITIONAL ENVIRONMENTAL DOCU-
MENTATION PER -CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES, SECTION.
15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DI-
RECT OR REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT.
This ordinance amends the Zoning Code of the City of Anaheim to (1)
increase the public hearing notification, range from 300 feet to 500 feet
for non -citywide projects recommended`f"r consideration of a Cate.
gorical Exemption, Negative Declaration, or itigated Negative
Declaration under the California Environment" ality Act
(CEQA); (2) require notices of public hearing for non-ci de proj-
ects requiring an Environmental Impact Report to be mailed to own-
ers and tenants within a 1000 -foot radius; and (3) authorize the Direc-
tor of Planning and Building to direct that notice be mailed beyond
the minimum 500 -foot and 1000' -foot radius if necessary to ensure equi-
table noticing to neighboring properties.
I, Linda Andal, City Clerk of the City of.Anaheim, do hereby certify
that the foregoing is a summary of Ordinance No. 6441, which ordi.
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 17th day of July, 2018 and was duly passed and
adopted at a regular meeting of said Council on the 14th day of Au-
gust, 2018 by the following roll call vote of the members thereof:
AYES: Mayor Pro Tem Moreno and Council Members Vanderbilt,
Barnes, and Faessel
NOES: Ma Y "W59
—
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter can.
tained in the text of Ordinance No. 6441, which has been prepared pur.
want to Section 512 of the Charter of the City of Anaheim. This sum -
nary does not include or describe every provision of the ordinance
ind should not be relied on as a substitute for the full text of the ordi.
lance.
To obtain a copy of the full text of the ordinance, please contact the
)f'fice 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.
'ublished Anaheim Bulletin August 23, 2018 11162107
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. 6441 and was published in the Anaheim Bulletin on the 23rd
day of August, 2018.
Aivrld,�_A
• • :►_"'M
(SEAL)