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5174a ORDINANCE NO. 5174 AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING AND AMENDING INTERIM ORDINANCE NO. 5141 PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A SPECIFIC PLAN THE CITY COUNCIL IS CONSIDERING OR STUDYING AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT, AND RESCINDING ORDINANCE NO. 5172. WHEREAS, the City of Anaheim has heretofore adopted a zoning code as codified and set forth in Title 18 of the Anaheim Municipal Code (hereinafter "Zoning Code") regulating the use of property within the City of Anaheim; and WHEREAS, certain portions of said Zoning Code provide for the regulation of uses of property in the Commercial Recreation ("C-R") Zone of the City as set forth in Chapter 18.48 of the Anaheim Municipal Code; and WHEREAS, the City Council of the City of Anaheim is considering or studying a specific plan relating to possible changes to transportation and land use strategies and property development opportunities in the C-R Area as hereinafter defined (hereinafter the "specific plan"); and WHEREAS, to protect the public safety, health and welfare, the City Council heretofore adopted Ordinance No. 5126 as an interim urgency measure to prohibit any uses which may have been in conflict with certain zoning regulations then under consideration by the City Council prior to their adoption; and WHEREAS, on June 12, 1990, following a duly noticed public hearing, the City Council adopted Ordinance No. 5141 extending and amending Ordinance No. 5126; and WHEREAS, on August 14, 1990, the City Council adopted Ordinance No. 5156 approving new zoning regulations for the C-R Zone; and WHEREAS, Ordinance No. 5.141 will expire by its own terms on September 15, 1990, unless otherwise extended; and WHEREAS, the City Council of the City of Anaheim, for the reasons hereinabove set forth, desires to, and does hereby, extend and amend said Ordinance No. 5141 in the manner and for the reasons hereinafter provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That notwithstanding any provision of the Anaheim Municipal Code to the contrary, no permit or entitlement of any nature whatsoever, including but not limited to any building i permit, conditional use permit or other discretionary entitlement, shall be issued by the City of Anaheim for the construction, erection, expansion or establishment of any of the following listed uses, and no such use (including any otherwise permitted primary or conditional use) shall be constructed, erected, expanded, or established, upon any property within the Commercial Recreation ("C-R") Area of the City of Anaheim as defined and described in Section 2 of this ordinance (hereinafter the "C-R Area") during the period this ordinance is in effect: 1. Health spas and physical fitness centers. 2. Restaurants (enclosed). 3. Skating rinks. 4. Bowling alleys. S. Art galleries. 6. Bingo establishments. 7. Hotels. 8. Motels. 9. Theaters (including but not limited to dinner theaters). 10. Automobile service stations. 11. Specialty retail centers. 12. Vacation ownership resorts. SECTION 2. That the term "C-R Area" as used in this ordinance shall mean that certain real property within the City of Anaheim as shown and contained within the heavy dashed boundary lines on that certain map dated October, 1986, entitled "Commercial Recreation Area," and bearing the number 1100-86-15 (hereinafter the "Map") on file in the office of the Planning Department of the City of Anaheim, a general facsimile of which Map is attached hereto marked Exhibit A hereof, and which Map is hereby incorporated in this ordinance by reference as if fully set forth herein. SECTION 3. That notwithstanding any provision of the Anaheim Municipal Code to the contrary, no activity shall be commenced within the C-R Area for the construction, erection, expansion or establishment of any building, structure or use pursuant to any building permit or other entitlement of any nature heretofore 091490 -2- A issued by the City of Anaheim but which building permit or entitlement has not been exercised, or the right of development otherwise legally vested, as of the time this ordinance becomes effective. Any such building permit or other entitlement which has not been so exercised, or for which the right of development has not otherwise legally vested, as of the time this ordinance becomes effective shall be suspended and tolled for the period this ordinance, and any extension thereof, is in effect. In the event of any dispute as to whether any building permit or other entitlement has been exercised or the right of development otherwise legally vested pursuant to this Section, any person or entity may file a request for review by the City Council. Any such request must be filed with the City Clerk within thirty (30) days following the effective date of this ordinance. Within fifteen (15) days following the timely filing of any such request for review, the City Council shall conduct a hearing and receive evidence and testimony upon such matter. Following any such hearing, the City Council shall make findings of fact and render its decision upon such request. SECTION 4. EXEMPTIONS FROM ORDINANCE That notwithstanding any other provision hereof, this ordinance shall not apply to: 1. Any project (other than any project or component thereof for the construction of any freestanding sign) constructed in accordance with plans and specifications reviewed and approved by a final decision of the Zoning Administrator, Planning Commission or City Council in conjunction with the issuance of a conditional use permit or zone variance, which decision of the Zoning Administrator, Planning Commission or City Council became final prior to June 12, 1990; or 2. Any project constructed in accordance with, and pursuant to, a valid building permit issued by the City of Anaheim on or before May 1, 1990; or 3. Any project subsequently approved by a final action of the Zoning Administrator, Planning Commission or City Council for which an active application for a conditional use permit or zone variance was on file with the City of Anaheim on or before May 1, 1990; or 4. Any project subsequently approved by a final action of the Zoning Administrator, Planning Commission or City Council for which an active notice of preparation of an environmental impact report pursuant to the requirements of the California Environmental Quality Act was on file with the City of Anaheim on or before May 1, 1990; or 091490 -3- A S. Any project (i) for which building plans were submitted to the City of Anaheim Building Division and were in plan check by the City on September 19, 1989, for purposes of obtaining building permit approval and for which a building permit is (was) subsequently issued, and (ii) for which construction is commenced within one year following the date of issuance of said building permit; or 6. Any project (i) which was not subject to the provisions of Ordinance No. 5141, and (ii) which is subsequently approved by final action of the Zoning Administrator, Planning Commission or City Council pursuant to an application for a conditional use permit which was on file with the City of Anaheim on or before September 1, 1990, and (iii) for which construction is undertaken and diligently prosecuted to completion pursuant to said conditional use permit; or 7. Any project involving only (i) improvements or remodeling to the interior of an existing building, or (ii) improvements or remodeling to the exterior of any building or structure which improvements or remodeling does not increase the height, floor area or size of such building or structure and does not change or expand the location of the building or structure, or (iii) uses of property not involving the construction, erection or expansion of any buildings or structures, or (iv) changes of use of existing buildings or structures provided any such new use is a permitted primary, accessory, temporary or conditional use expressly authorized pursuant to Chapter 18.48 of the Anaheim Municipal Code and said new use complies with all applicable requirements of said Chapter; or 8. Any project constructed pursuant to a zoning reclassification, conditional use permit or zone variance for which an application for extension of time was heretofore or is hereinafter filed and which extension of time is hereinafter approved by the City pursuant to, and in conformance with, Section 18.03.090.030 of the Anaheim Municipal Code; or 9. Any project for the erection, construction, reconstruction, modification or repair of any sign which is otherwise regulated pursuant to, and is in conformance with, Chapter 18.48 of the Anaheim Municipal Code; or 10. Any project for the construction, erection, expansion or establishment of an accessory use in conjunction with a legally existing primary use which accessory use is otherwise authorized pursuant to Chapter 18.48 of the Anaheim Municipal Code; or 11. Any project for the construction, erection, expansion or establishment of a temporary use otherwise authorized pursuant to Chapter 18.48 of the Anaheim Municipal Code; or 091490 -4- A 12. Any project involving any building, structure, property or use operated or conducted by the City of Anaheim, or any other activity of the City of Anaheim in its governmental or proprietary capacity; or - 13. Any project subsequently approved by a final action of the Zoning Administrator, Planning Commission or City Council for which an active and complete application for a conditional use permit was on file with the City of Anaheim on April 25, 1990, and which project had been scheduled for a public hearing by the City of Anaheim but which public hearing was heretofore cancelled and said application not further processed by the City due to the adoption of Ordinance No. 5126. SECTION 5. That the City Council declares that this ordinance is necessary as an emergency measure for the immediate protection of the public safety, health or welfare and the reasons for its urgency are as follows: 1. The City Council is currently considering or studying a transportation/land use strategy plan relating to possible revisions to the regulations governing the development of property located in the C-R Area of the City (the "specific plan"); and 2. Those certain uses specified in Section 1 of this ordinance and their possible locations ("prohibited uses") may be in conflict with all or portions of said specific plan; and 3. Certain applications for development have been or may be submitted to the City for approval prior to the adoption of the revisions referred to herein which applications, if approved, would allow development in a manner which may be in conflict with said specific plan; and 4. Unless this ordinance is adopted as an urgency measure, said prohibited uses may be constructed, erected or expanded in the C-R Area of the City prior to the time the City Council fully considers the revisions referred to herein which development would be detrimental to the public safety, health or welfare. SECTION 6. That this ordinance shall take effect immediately as an - urgency measure and shall remain in effect until September 15, 1991, unless otherwise extended or until sooner repealed. 091490 -5- SECTION 7. The City Council shall review the status and progress of the planning efforts relating to the proposed specific plan for the C-R Area every ninety (90) days during the period this ordinance is in effect. Each of said reviews shall be conducted at the regularly scheduled City Council meeting held nearest to each ninetieth day after the date of this ordinance. SECTION 8. DECLARATION OF AUTHORITY Ordinances No. 5126 and 5141 were, and this ordinance is hereby, adopted pursuant to the authority of Section 65803 of the Government Code of the State of California in order to make applicable to the City of Anaheim, as a charter city, the provisions of Section 65858 of said Government Code. In addition, and independent of the authority set forth in the preceding sentence, said Ordinances No. 5126 and 5141 were, and this ordinance is hereby, adopted pursuant to the authority of the City of Anaheim as a charter city as set forth in Sections 5 and 7 of Article XI of the Constitution of the State of California and Sections 400 and 511 of the Charter of the City of Anaheim. SECTION 9. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 10. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 091490 -6- A SECTION 11. That Ordinance No. 5172 be, and the same is hereby, rescinded and repealed. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 14th day of September, 1990. M OR OF THE CITY OF AHEI ATTEST: CITY CLERK THE CITY OF ANAHEIM JLW:lm 3886L 091490 -7- a CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5174 was introduced and adopted at a special meeting of the City Council of the City of Anaheim, held on the 14th day of September, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5174 on the 14th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of September, 1990. i CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5174 and was published once in the Anaheim Bulletin on the 21st day of September, 1990. CITY CLERK OF THE CITY OF ANAHEIM BALL ramma -- i 3� LCAI a L 20002 ORANGEWOOD AVE. COMMERCIAL RECREATION AREA EXHIBIT A LLA < Y = w ��` amt > 9 tiG mm� CITY OF ANAHEIM 0