1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 3.04 OF TITLE 3 OF THE
ANAHEIM MUNICIPAL CODE AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) BECAUSE IT WILL NOT
RESULT IN A DIRECT OR REASONABLY
FORESEEABLE INDIRECT PHYSICAL CHANGE IN
THE ENVIRONMENT BECAUSE THERE IS NO
POSSIBILITY IT WILL HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT AND IT IS NOT A
PROJECT PURSUANT TO CEQA GUIDELINES
SECTIONS 15060(C)(2), 15060(C)(3) AND 15378
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution and Section 400 of the City Charter, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and
WHEREAS, Title 3 of the Anaheim Municipal Code imposes license taxes upon businesses, trades, professions, calling and occupations in the City of Anaheim; and WHEREAS, Section 3.24.010 (Contractors – License Tax) requires every person who engages in the business of general or engineering contracting within the City (“Contractors”) to pay a license tax; and
WHEREAS, pursuant to Section 3.24.010 (Contractors – License Tax), the term Contractor includes subcontractor and specialty contractor; and WHEREAS, any person required or desiring to obtain a business license pursuant to Title 3 must submit a license application submitting the information required by the City in the manner designated by the Collector, which is the City official charged with the administration of Title 3; and
WHEREAS, pursuant to Chapter 15.03 (Building Standards Codes and Administrative Provisions pertaining to Building and Construction), the City Council of the City of Anaheim has adopted, by reference, the 2022 Edition of the California Building Code that among other things, requires an owner or an owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, to make an application to the City’s Building Official and obtain the required permit; and 2 WHEREAS, the City’s Building Official may suspend or revoke a permit issued pursuant to Chapter 15.03 whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information; and
WHEREAS, prior to building permit issuance, Contractors must provide a Subcontractors/Professional Service List identifying the licensing information for all contractors, subcontractors, professional services and individuals performing any work on building structures or projects; and
WHEREAS, the City desires to expand the scope of the information disclosed by Contractors to include any final determinations for state or federal labor code violations within the prior five (5) years, and make the same disclosures applicable only to projects involving 20 or more residential dwelling units or 20,000 or more square feet of commercial or industrial development; and
WHEREAS, these disclosures are intended to recognize and promote the value of fair labor and business practices; and
WHEREAS, pursuant to Title 1 of the Anaheim Municipal Code, the Community Preservation Manager and Community Preservation Officer have the duty and authority to enforce Titles 3 and 15 of the Anaheim Municipal Code and also collect a fee intended to provide full cost recovery for administrative and operational costs expended for inspection or reinspection, which fees are separate and apart from any fines or penalties imposed for violation of the Anaheim Municipal Code or State law; 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 because there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That new subsections .080, .090, and .095 of Section 3.04.140 (License Application) of Chapter 3.04 (General Provisions) of Title 3 (Business Licenses) of the Anaheim Municipal Code be, and the same are, hereby added to read in full as follows:
.080 If the application is for Contractors as defined in Chapter 3.24 of this Title, at least ten (10) business days prior to permit issuance, Contractors shall 3 under penalty of perjury provide a complete list of all subcontractors, professional services or individuals for which a license is required under this Title on a form provided by the Collector and/or the Building Official as that term is defined in Chapter 15.05 of Title 15.
At any time between permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to this Section, Contractors shall submit updated information to the City within 72 hours of Contractors’ knowledge of such change, excluding weekends and Holidays. If a Contractor is a subcontractor, the subcontractor must submit updated information to the Contractor within 72 hours of subcontractor’s knowledge of such change, excluding weekends and Holidays.
.090 If an applicant is applying for a permit under this Code to perform work on a project consisting of 20 or more residential dwelling units or 20,000 or more square feet of commercial and industrial development, the information provided pursuant to subsection .080 of Section 3.04.140 shall disclose any final determinations pertaining to state or federal labor code violations and any criminal convictions, judgments or penalties paid to a government agency related to the provisions of the California Labor Code or the Federal Labor Standards Act within the prior 5 years.
.095 It shall be unlawful for any applicant to fail to comply with the requirements of this section and failure to comply shall be deemed to be a violation of Chapter 3.04. Failure to provide correct, accurate and complete information to the Building Official is also a violation of Chapter 15.03 and the City shall have the unqualified right to suspend or revoke building permits pursuant to the California Building Code as adopted by the City of Anaheim pursuant to Chapter 15.03.
SECTION 2. ENVIRONMENTAL REVIEW.
The City Council finds 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 State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines.
SECTION 3. 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 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 4 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 4. SAVINGS CLAUSE.
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. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 5. CERTIFICATION.
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 6. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
5 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ___________day of _________________, 2023, and passed and adopted on the _______day of ______________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:__________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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