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5126ORDINANCE NO. 51 6 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM MEASURE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA 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 adopts this interim ordinance as an 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. 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") Zone of the City of Anaheim 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. SECTION 2. That notwithstanding any provision of the Anaheim Municipal Code to the contrary, no activity shall be commenced 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 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 3. That the City Council declares that this ordinance is necessary as an emergency measure for the immediate protection of the public safety, health and 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 Zone of the City ("zoning proposal"); and 040290 I 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 Zone 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 Zone 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 and welfare. SECTION 4. That this ordinance shall take effect immediately as an urgency measure and shall remain in effect for a period of 45 days after the date of this adoption, or until sooner repealed, unless extended in accordance with the provisions of Section 65858 of the Government Code of the State of California. SECTION S. 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 1st day of May, 1990. MAY R OF WE—CITY 0 ANAHEIM ATTEST: e',._r1�t 0. — C_ E4X,�_ CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 3288L 040290 3 j 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. 5126 was introduced and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 1st day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5126 on the 4th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of May, 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. 5126 and was published once in the Anaheim Bulletin on the 11th day of May, 1990. -- CITY CLERK OF THE CITY OF ANAHEIM