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5097ORDINANCE NO. 5097 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.030 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CONDITIONAL USE PERMITS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.03.030 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .036 which subsection .036 shall read as follows: .036 Notwithstanding the provisions and limitations of the foregoing subsections .032, .033, .034, and .035, the Planning Commission or City Council may grant any request for a conditional use permit if the City Council or Planning Commission finds and determines either in the resolution approving the conditional use permit or any other finding pertaining to the use (including environmental documentation) that the concerns addressed by subsections .032, .033, .034, and .035 are (1) mitigated to a level of insignificance or (2) that overriding considerations warrant the approval of the conditional use permit in the event that either (a) one or more of the findings of fact required by subsections .032, .033, .034, and .035 is not made or (b) insufficient evidence is set forth in the record to support one or more of the findings of fact. SECTION 2. The City Council does hereby declare its intention that this amendment shall apply to any conditional use permit including conditional use permits granted prior to the adoption of this ordinance. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of February 1990 ATTEST: CITY CLERK OF 'IHE--(;I'IY OF ANAHEIM MES: db 3474L 011790 -2- 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. 5097 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of February, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of February, 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. 5097 on the 28th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of February, 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. 5097 and was published once in the Anaheim Bulletin on the 9th day of March, 1990. CITY CLERK OF THE CITY OF ANAHEIM