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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 - 2 - I 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 - 3 - I 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