5104FOLLOWS:
ORDINANCE NO. 5104
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AMENDING
SECTION 17.04.115 OF CHAPTER 17.04
AND SECTION 17.06.047 OF CHAPTER 17.06
OF TITLE 17 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO GRADING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 17.04.115 of Chapter 17.04 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.04.115 NOTICE AND HEARING
Prior to any decision by the City Engineer
concerning the issuance or revocation of any grading
permit, including any decision approving or denying any
grading plan, such matter shall be set for a public
hearing before the City Engineer. Notice of the time and
place of said public hearing, including a general
description of the location of the project, shall be
given at least ten (10) days before the hearing by either
(1) mailing written notice thereof to all property owners
shown on the latest equalized assessment roll as owning
real property within 300 feet of the property which is
the subject of the application, or (2) by both the
posting of such notice on and off the site in the area
where the project is located and by publication of such
notice at least once in a newspaper of general
circulation published and circulated in the City. For
purposes of conducting any hearings and making any
decisions specified in this chapter, the term 'City
Engineer' as used in this chapter shall include any
designated representative of the City Engineer. The
requirements of this section shall not apply to any
grading permit required in conjunction with any project
for which a development agreement was approved by the
City Council by an ordinance which was in effect on or
before May 11, 1989."
SECTION 2.
That Section 17.06.047 of Chapter 17.06 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
11
"17.06.047 NOTICE AND HEARING
Prior to any decision by the City Engineer
concerning the issuance or revocation of any grading
permit, including any decision approving or denying any
grading plan, such matter shall be set for a public
hearing before the City Engineer. Notice of the time and
place of said public hearing, including a general
description of the location of the project, shall be
given at least ten (10) days before the hearing by either
(1) mailing written notice thereof to all property owners
shown on the latest equalized assessment roll as owning
real property within 300 feet of the roperty which is
the subject of the application, or (2� by both the
posting of such notice on and off the site in the area
where the project is located and by publication of such
notice at least once in a newspaper of general
circulation published and circulated in the City. For
purposes of conducting any hearings and making any
decisions specified in this chapter, the term 'City
Engineer' as used in this chapter shall include any
designated representative of the City Engineer. The
requirements of this section shall not apply to any
grading permit required in conjunction with any project
for which a development agreement was approved by the
City Council by an ordinance which was in effect on or
before May 11, 1989."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, 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 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.
030290
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 20th day of March, 1990.
Y R OF TFMICITYAHEIM IF
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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030290
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. 5104 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 13th day of March, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 20th day of March, 1990, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5104 on the 21st day of March, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 21st day of March, 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. 5104 and was published once in the
Anaheim Bulletin on the 30th day of March, 1990.
CITY CLERK OF THE CITY OF ANAHEIM