5559ORDINANCE NO.5559
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.03.050, 18.03.060 AND 18.93.050 OF, AND ADDING
SECTION 18.93.090 TO, CHAPTERS 18.03 AND 18.93,
RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO GENERAL AND SPECIFIC PLANS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .050 of Section 18.03.050 of Chapter
18.03 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.050 General Plan. In addition to any
other method authorized by law, amendments to the
General Plan may be initiated by the verified
application of one or more of the owners of the
subject property, the authorized agent for said
owner(s), or upon resolution of intention of the
City Council or Planning Commission. Amendments
to the General Plan shall be processed in
accordance with the same procedures as specified
in this chapter for zoning reclassifications,
except any action by the Planning Commission
favoring the adoption of a proposed General Plan,
or favoring amendment or repeal of the existing
General Plan, or any part thereof, shall be in the
form of a recommendation to the City Council,
which recommendation shall be acted upon by the
City Council following a public hearing conducted
thereon in accordance with hearing procedures set
forth in this chapter. Any action by the Planning
Commission disapproving a proposed General Plan,
or disapproving any amendment or repeal of the
existing General Plan, shall be final unless
appealed or reviewed by the City Council in the
time and manner described in this chapter for
reclassifications. A filing fee in an amount
established by resolution of the City Council
shall be paid upon the filing of each such
application."
SECTION 2.
That subsection .010 of Section 18.03.060 of Chapter
18.03 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
Y
11.010 Notice and Date of Hearings. All proposals
for reclassification of property or the granting of
conditional use permits or variances as provided herein
shall be set for public hearing by the Secretary of the
Planning Commission for a hearing to be held before the
Planning Commission. The date of the hearing before
the Planning Commission shall be not less than ten (10)
days nor more than fifty (50) days from the time of
filing of a verified application, or as otherwise
specified in a City Council or Planning Commission
resolution initiating such proposal."
SECTION 3.
That subsection .010 of Section 18.93.050 of Chapter
18.93 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Review, adoption and amendment of
specific plans shall be conducted in the same manner as
zoning reclassifications under Chapter 18.03 of the
Anaheim Municipal Code, except any action by the
Planning Commission favoring the adoption, amendment or
repeal of a specific plan, or any part thereof, other
than an action governed by Section 18.93.090 of this
Code, shall be in the form of a recommendation to the
City Council, which recommendation shall be acted upon
by the City Council following a public hearing
conducted thereon in accordance with hearing procedures
set forth in Chapter 18.03 of the Anaheim Municipal
Code. Any action by the Planning Commission
disapproving a specific plan, or disapproving any
amendment or repeal thereof, shall be final unless
appealed or reviewed by the City Council within the
time and manner described in Section 18.03.050
pertaining to reclassifications.
SECTION 4.
That new Section 18.93.090 be, and the same is hereby,
added to Chapter 18.93 of Title 18 of the Anaheim Municipal Code
to read as follows:
1118.93.090 SPECIFIC PLAN ADJUSTMENTS
.010 Any proposed modification to any zoning and
development standards in a specific plan shall be
processed as a Specific Plan Adjustment in accordance
with the provisions of this Section. A proposed
Specific Plan Adjustment shall be submitted as a Report
and Recommendation item to the Planning Commission.
Any action by the Planning Commission favoring the
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adoption of a Specific Plan Adjustment shall be in the
form of a recommendation to the City Council, which
recommendation shall be acted upon by the City Council
in accordance with the procedures for amendments of the
Anaheim Municipal Code. Any action by the Planning
Commission disapproving a Specific Plan Adjustment
shall be final and conclusive twenty-two (22) days
following the action thereon, unless, within such
twenty-two day period, an appeal in writing is filed
with the City Council by any person or unless a request
to review said decision is made by two (2) or more
members of the City Council. The appeal process shall
be as provided in Section 18.03.081 through 18.03.084
of this Code, or successor provisions thereto.
.020 The Planning Commission may refer any
Specific Plan Adjustment for processing as a Specific
Plan Amendment in accordance with the provisions of
Chapters 18.03 and 18.93 of this Code when the Planning
Commission determines that the general public interest
warrants such processing.
SECTION 5. 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 6. 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.
SECTION 7. 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
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a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 9th day of April
1996.
MAYO OF THE CITY OV ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
7814.2\SMANN\February 8, 1996 — 4
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. 5559 was introduced at a regular meeting of the City Council of the City of Anaheim,
held on the 26th day of March, 1996, and that the same was duly passed and adopted at a regular
meeting of said City Council held on the 9th day of April, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5559
on the 9th day of April, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 9th day of April, 1996.
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 of Ordinance No. 5559 and was published once in the North County News on the 18th day
of April, 1996
CITY CLERK OF THE CITY OF ANAHEIM