5141I
ORDINANCE NO. 5141
AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING AND
AMENDING INTERIM ORDINANCE NO. 5126 PROHIBITING CERTAIN
USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING
PROPOSAL THE CITY COUNCIL IS CONSIDERING OR STUDYING AND
DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH
SHALL TAKE IMMEDIATE EFFECT.
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 zoning proposal relating to possible
changes to the uses and regulations governing property in the C-R
Zone; 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 be in
conflict with the aforesaid contemplated zoning proposal prior to
its consideration by the City Council; and
WHEREAS, Ordinance No. 5126 will expire by its own terms
on June 15, 1990, unless otherwise extended; and
WHEREAS, the City Council of the City of Anaheim desires
to, and does hereby, extend and amend said Ordinance No. 5126 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 conditional
use permit or other discretionary entitlement, shall be issued by
the City of Anaheim for the construction, erection or expansion of
any of the following listed uses, and no such use shall be
constructed, erected or expanded, 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. Freestanding signs (except any monument -type
sign identified upon, and constructed in
accordance with, either (i) building plans
submitted to the City Building Department for
plan check purposes on or before May 1, 1990,
and for which a building permit is (was)
subsequently issued, or (ii) plans and
specifications approved in conjunction with any
conditional use permit heretofore or
hereinafter approved by the City).
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 or expansion of
any of the uses listed in Section 1 above pursuant to any building
permit or other entitlement of any nature heretofore issued by the
City of Anaheim but which building permit or entitlement has not
2.
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 of this
ordinance (or Ordinance No. 5126) to the contrary, neither this
ordinance nor Ordinance No. 5126 shall apply to:
1. Any project (other than any project or component
thereof for the construction of any freestanding signs)
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
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.
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 zoning proposal relating to possible comprehensive
revisions to the uses and regulations governing property located
in the C-R Area of the City ("zoning proposal"); and
2. Portions of the comprehensive revisions under study
or consideration in said zoning proposal relate to the size, type,
location and nature of the uses and structures which should be
permitted in the C-R Area of the City; and
3. Those certain uses specified in Section 1 of this
ordinance ("prohibited uses") may be in conflict with said zoning
proposal; and
4. Certain applications for development have been or
may be submitted to the City for approval prior to the adoption of
the comprehensive revisions referred to herein which applications,
if approved, would allow development in a manner which may be in
conflict with said zoning proposal; and
S. 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 comprehensive 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,
1990, or until sooner repealed, unless extended in accordance with
the provisions of law.
4.
SECTION 7. DECLARATION OF AUTHORITY
Ordinance No. 5126 was, 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 Ordinance No. 5126 was, and this ordinance is,
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 8. 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 12th day of June, 1990.
�4AYZR OF T Y OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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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. 5141 was introduced and adopted at a regular
meeting of the City Council of the City of Anaheim, held on the 12th day of
June, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5141 on the 13th day of June, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 13th day of June, 1990.
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. 5141 and was published once in the
Anaheim Bulletin on the 22nd day of June, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
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COMMERCIAL RECREATION AREA
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