1 ATTACHMENT NO. 5
ORDINANCE NO. _____
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) ZONE 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. 2015-01 (SP2015-
01) 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 finds 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 2 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 RM-
3.5 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/M P/M P/M P/M P/M Minor
conditional use
permit required
when visible to
the public right-
of-way
Subject to
Section
18.62.130 when
visible to public
property or public
rights-of-way
3 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
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 PR SP T 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/M Minor conditional use permit
required when visible to the public
right-of-way.
Subject to Section 18.62.130 when
visible to public property or public
rights-of-way
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/M Subject to review and approval by the Planning and Community and Economic
Development Departments
Subject to Section 18.62.130 when visible
4 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/M Minor conditional use permit required when visible to the public right-of-way
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 as follows:
.0102 Murals visible from public right-of-ways.
5 .0102 .0103 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.
.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
Public Art and
Murals
PN PN P/M P/M P/M PN
Minor conditional use
permit required when
visible to the public
right-of-way.
Subject to Section
18.62.130 when visible
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. 6 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
and
Murals
PN PN P/M P/M PN PN PN PN PN Minor
conditional use
permit required
when visible to
the public right-
of-way.
Subject to
Section
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.
7 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, 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