Loading...
6580ORDINANCE NO. 6 5 8 0 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.06 (MULTI -FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.10 (INDUSTRIAL ZONE); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.20 (PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE); 18.30 (DOWNTOWN MIXED USE (DMU) OVERLAY ZONE); 18.32 (MIXED USE (MU) OVERLAY ZONE); 18.36 (TYPES OF USES); 18.44 (SIGNS); 18.62 (ADMINISTRATIVE REVIEWS); 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-01 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS); AND 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE; ADJUSTMENT NO. 14 TO THE ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING AND DEVELOPMENT STANDARDS; ADJUSTMENT NO. 8 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT STANDARDS; AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15061(B)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DEVELOPMENT APPLICATION NO.2023-00037 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 fmds and determines that this ordinance is not subject to the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), because the proposed amendments and adjustments will provide a streamlined review process for public art on private property, thus the proposed amendments and adjustments will not have a significant effect on the environment; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety 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 Table 6-A (Primary Uses: Multiple -Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple -Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add Public Art and Murals, sequentially in alphabetical order, as follows: RM- 1 RM- 2 RM- 3 AM- 3.5 I RM- 4 Special Provisions Non -Residential Classes of Uses Public Art and Murals P P P P P Subject to Section 18.62.130 when visible to public property or public rights -of -way SECTION 2. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: C-NC C-R C-G O-L O-H Special Provisions Non -Residential Classes of Uses Public Art and Murals P P P P P Subject to Section 18.62.130 when visible to public property or public rights -of -way SECTION 3. That Table 10-A (Primary Uses: Industrial Zones) of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add Public Art and Murals, sequentially in alphabetical order, as follows: I Special Provisions Non -Residential Classes of Uses Public Art and Murals P Subject to Section 18.62.130 when visible to public property or public rights -of -way 2 SECTION 4. That Table 14-A (Primary Uses: Public and Special -Purpose Zones) of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special -Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to add Public Art and Murals, sequentially in alphabetical order, as follows: OS JPR ISP IT I Special Provisions Non -Residential Classes of Uses Public Art and Murals P P P P Subject to Section 18.62.130 when visible to public property or public rights -of -way SECTION 5. That Table 20-A (Primary Uses: 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) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: PTMU GF Special Provisions Non -Residential Classes of Uses Public Art and Murals P Subject to Section 18.62.130 when visible to public property or public ri bts-of-wa SECTION 6. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: DMU Special Provisions Non -Residential Classes of Uses Public Art and Murals P Subject to Section 18.62.130 when visible to public property or public rights -of -way SECTION 7. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use -(MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: MU Special Provisions Non -Residential Classes of Uses Public Art and Murals P Subject to Section 18.62.130 when visible to public property or public rights -of -way SECTION 8. That Subsection .160 ("P" Use Classes) of Section 18.36.040 (Non - Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: Public Art and Murals. This use class consists of any of the following: sculpture, statues or monuments in any material or combination of materials; painting; murals; graphic arts including printmaking and drawing; photography; crafts in clay, fiber and textiles, wood, metal, plastics, glass and other materials; mixed media, any combination of forms or media, including collage; functional art such as street furniture, as defined by the Anaheim Public Art Plan; environmental art consisting of landforms and artistic landscape composition. SECTION 9. That Section 18.44.040 (Prohibited Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code is hereby renumbered to 18.44.035. SECTION 10. That new Section 18.44.040 (Public Art and Mural Permit Required) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.44.040 PUBLIC ART AND MURAL PERMIT REQUIRED. .010 Requirement for Public Art and Mural Permit. The following signs require a Public Art and Mural Permit: .0101 Public Art and Murals when visible to public property or public rights -of -way. SECTION 11. That Subsection .010 (Requirement for Minor Conditional Use Permit) of Section 18.44.045 (Minor Conditional Use Permit Required) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to delete the current .0102 pertaining to murals and .0103 pertaining to freeway -oriented signs be renumbered as follows: 0102 Modifications to existing freeway -oriented signs, as defined in Section 18.44.100, only for the following uses: SECTION 12. That new Section 18.62.130 (Public Art and Mural Permit) of Chapter 18.62 (Administrative Reviews) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows: 18.62.130 PUBLIC ART AND MURAL PERMIT. This section sets forth the procedures for processing an application for a Public Art and Mural Permit, when such a permit is required. .010 Application. An application, on a form approved by the Planning and Building Director, for a Public Art and Mural Permit shall be filed with the Planning and Building Department. 4 .020 Evaluation. Upon the filing of a complete application, review and approval of a Public Art and Mural Permit shall be as set forth in the Public Art Guidelines authorized pursuant to Chapter 17.37 (Public Art) unless the Public Art Guidelines do not provide a process in which case evaluation shall be as set forth for a minor conditional use permit pursuant to Chapter 18.66 of this Title. .030 Permit Fees. A fee may be charged per Chapter 18.80 (Fees). SECTION 13. That Table 120-B (Primary Uses by Development Area: Non -Residential Use Classes) 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 for Public Art and Murals, as follows: DA- 1 DA- 2 DA- 3 DA- 4 DA- 5 DA- 6 Special Provisions Subject to Section Public Art and P P P P P P 18.62.130 when visible Murals to public property or public rights -of -way SECTION 14. That Table 122-B (Primary Uses by Development Area: Non -Residential Use Classes) of Section 18.122.050 (Uses) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Public Art and Murals, as follows: R- LM R- M MU- M MU- H N- C R- C O S- P P-R Special Provisions Public Art P P P P P P P P P Subject to and Section Murals 18.62.130 when visible to public property or public rights -of - way SECTION 15. 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 16. 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 17. 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 day of May , 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the day of June , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: '�. AYOR O T CITY OF ANAHEIM 4ATT T: CITY E OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6580 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 211 davr of Maki. 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of June. 2024, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 121 of June. 2024. CITY E K OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN CRYNFVS�E See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 t 7) 796-2209 _ _ 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 parry 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, 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: 0612012024 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: Jun 20, 2024. ORD-6580 - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHE IM ORDINANCE NO.6580 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.06 (MULTI -FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.10 (INDUSTRIAL ZONE); 18.14 OVERLAY ZOSPECIAL-PURPOSE E ; 18.30( DOWNTOZONES); N M XED US(PLATINUM DMU) OVERLAY TRIANGLE MIXED 18.32 (M XED USE (MU) OVERLAY ZONE); 18.36 (TYPE OF USES); 18.44 (SIGNS); 18.62 (ADMINISTRATIVE VARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT VD FINDING AND DETERMINING THAT THIS ORDINANCE IS NOTSUBJECTTC RENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER NVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15061(5)(3) LL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DEVELOPMENT APPLICATION NO. 2023-00037 This ordinance amends various and numerous provisions of Title 18 (Zoning) of the Anaheim Municipal Code to provide an approval process for public art and murals on private property when visible to public property or public rights -of -way. 1, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify thatthe foregoing Is a summary of Ordinance No. 6580, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 21st day of May, 2024 and was duly passed and adopted at a regular meeting of said Council on the llth day of June, 2024 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the sublect matter contained In the text of Ordinance No. 6580 which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provlslon of the ordinance 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. 152140/LM Anaheim Bulletin Published. 6/20/24 ORD-6580 - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6580 and was published in the Anaheim Bulletin on the 20t' day of June, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. I4RK OF THE CITY OF ANAHEIM (SEAL)