5437FOLLOWS:
ORDINANCE NO. 5437
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTERS 18.01, 18.06, 18.31,
18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
SECTION 1.
That Section 18.01.190 ("R" WORDS, TERMS AND PHRASES) of
Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to add a definition of "Restaurant, Take Out"
to read as follows:
"'Restaurant, Take -Out.' Any establishment which
is engaged in the business of preparing and
purveying food where said food is customarily
ordered by patrons while standing at a window or
counter located inside the building regardless of
the manner in which said food is thereafter
served or whether said food is consumed on the
premises, and which has a cumulative maximum
total of ten seats for patrons."
SECTION 2.
That subsection .010 of Section 18.06.040 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
_
of .010 Minimum Dimensions of Vehicle
Accessways. The minimum turning radius of any
vehicle accessway shall be in accordance with
Engineering Standard Detail Nos. 601 and 602
entitled 'Minimum Off -Street Parking Dimensions;'
provided, further, that all covered or enclosed
residential parking spaces shall have a minimum
clear horizontal access width of not less than
nine (9) feet."
SECTION 3.
That new subsection .015 be, and the same is hereby added
to, Section 18.06.040 of Chapter 18.06 of Title 18 of the Anaheim
Municipal Code to read as follows:
It .015 Gated Vehicular Accessways. Gated
vehicular accessways shall comply with
Engineering Standard Detail No. 609 entitled
'Gate Standard.'"
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SECTION 4.
That the introductory paragraphs to Section 18.06.050 of
Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the
same are hereby, amended to read as follows:
"18.06.050 MINIMUM NUMBER, TYPE AND DESIGN OF
OFF-STREET PARKING SPACES
AND AREAS.
The minimum number of off-street
parking spaces provided for any land use shall
not be less than the following numbers given for
subject use(s); provided, however, that any use
not listed below shall provide a minimum of nine
tenths (0.9) of one space per each employee on
the largest work shift, plus such additional
parking as is determined to be reasonably
necessary by the City Traffic and Transportation
Manager to meet the parking demand for such use.
Except as expressly provided in this Section
18.06.050, where a combination of uses is
proposed, the minimum number of spaces provided
shall be not less than the sum total of the
requirements for each individual type of use to
be established.
For purposes of interpretation of
subsection .010 for residential uses, all rooms
other than a living room, family room, dining
room, bathroom, hall, lobby, closet or pantry
shall be considered as a bedroom. Further, in
computing parking requirements, fractional
requirements shall be rounded off to the nearest
whole number, fractions of one-half (0.5) or more
being counted as one full space.
For purposes of interpretation of
subsections .020 and .030, 'GFA' shall mean gross
floor area of buildings as measured from exterior
wall to exterior wall. If the GFA upon which the
number of parking spaces is based is less than
1,000 square feet (or other unit of measurement
as designated herein), the minimum number of
required spaces shall be prorated in direct
proportion to the minimum number of spaces
required for each 1,000 square feet (or other
unit of measurement designated herein). Such
proration shall also apply in instances where a
division of such applicable unit of measurement
into the GFA produces a quotient of other than a
whole number. Unless otherwise expressly
provided herein, any employee parking space
requirements shall be based upon the maximum
number of employees present at any given time."
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SECTION 5.
That subsections .011 and .012 of Section 18.06.050 of
Chapter 18.06 of Title 18 of the Anaheim Municipal code be, and the
same are hereby, amended to read as follows:
is .011 Single -Family Dwellings. A total of
not less than four (4) off-street parking spaces
shall be provided on-site for any single-family
detached dwelling, not less than two (2) of which
shall be provided in a garage. Any remaining
required spaces not provided in a garage shall be
provided on a paved surface or other suitable on-
site location, as approved by the Planning
Department, having minimum dimensions of eight
(8) feet wide and twenty-five (25) feet long (if
located in tandem to parking spaces enclosed with
a tilt -up garage door) and eight (8) feet wide
and twenty (20) feet long (if located in tandem
to parking spaces enclosed with a roll -up garage
door), measured from the garage door to the
nearest edge of the pedestrian walkway or
property line, whichever is the lesser distance.
Spaces located in tandem to a garage may be
permitted to encroach into the required front
setback. All other spaces shall be located
outside of the required front setback area and
shall conform with Engineering Standard Detail
Nos. 601 and 602 entitled 'Minimum Off -Street
Parking Dimensions.'
.012 Multiple -Family Dwellings including
attached, detached or semi -attached condominiums,
stock cooperatives, townhomes, rowhouses, rental
apartments or other forms of clustered
dwellings:"
SECTION 6.
That paragraphs .0122, .0123, .0125 and .0127 of subsection
.012 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim
Municipal Code be, and the same are hereby, amended to read as
follows:
it .0122 All covered spaces shall be located
within 100 feet of, and be readily accessible to
the dwelling unit served. Required open spaces
shall be located within 200 feet of the unit
served.
.0123 Tandem parking spaces shall not be
permitted, except for detached single family
condominiums, as provided in subsection
18.06.050.011. The term 'tandem parking space'
as used in this Section 18.06.050 shall mean any
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off-street parking space designed in such a
manner that a vehicle properly parked in such
space may, by design, have its ingress to or
egress from such parking space blocked by a
vehicle properly parked in a contiguous parking
space."
if .0125 Required open parking spaces for
residents and tenants shall be unassigned and no
fee shall be assessed for their use."
" .0127 Any interior walls of covered parking
areas shall be finished with exterior finish
material. General storage cabinets of not less
than one hundred (100) cubic feet capacity shall
be provided for each dwelling unit and shall be
located within the covered or enclosed parking
area or conveniently located thereto. Adequate
bumper guards shall be provided to protect any
interior walls from damage."
SECTION 7.
That the title of subsection .020 of Section 18.06.050 of
Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
it .020 Commercial and Institutional Uses:"
SECTION 8.
That the introductory paragraph of subsection .020 of
Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, deleted.
SECTION 9.
That subsection .022, and paragraphs .0222 and .0223
thereto of Section 18.06.050 of Chapter 18.06 of Title 18 of the
Anaheim Municipal Code be, and the same are hereby, amended to read
as follows:
" .022 Retail Stores and Service Businesses -
General: Five and one-half (5.5) spaces per
1,000 square feet of GFA for the first 100,000
square feet of GFA, plus four and one-half (4.5)
spaces per 1,000 square feet of GFA over 100,000
square feet."
" .0222 Motor Vehicle Repair Facilities:
Five and one-half (5.5) spaces per 1000 square
feet of GFA.
.0223 Motor Vehicle Sales Facilities: Two
and one-half (2.5) spaces per 1,000 square feet
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of GFA for interior showroom use plus four (4)
spaces per 1,000 square feet of GFA for office
use, plus five and one-half (5.5) spaces per
1,000 square feet of GFA for parts, sales,
storage and repair use."
SECTION 10.
That new paragraph .0226 of subsection .022 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
It .0226 Furniture, Carpet and Flooring --Sales
and Display: Two and one-quarter (2.25) spaces
per 1,000 square feet of GFA."
SECTION 11.
That paragraphs .0231, .0232 and .0234 of subsection .023
of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim
Municipal Code be, and the same are hereby, amended to read as
follows:
if .0231 Restaurants --Enclosed and Semi
Enclosed, with or without bar or entertainment
facilities and integrated in a planned
development complex such as a shopping center or
industrial complex: Eight (8.0) spaces per 1000
square feet of GFA.
.0232 Restaurants --Enclosed and Semi
Enclosed with or without bar or entertainment
facilities and not integrated in a planned
development complex such as a shopping center or
industrial complex: Fifteen (15.0) spaces per
1000 square feet of GFA."
If .0234 Restaurants, Take-out (not to exceed
a cumulative maximum total of ten seats for
patrons): Five and one-half (5.5) spaces per
1,000 square feet of GFA."
ECTION 12.
That new paragraph .0236 of subsection .023 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, added to read as follows:
" .0236 Billiard Halls: Two (2) parking
spaces per billiard table, plus required parking
for other uses within the facility."
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SECTION 13.
That paragraph .0251 and subparagraph .02555 thereto of
subsection .025 of Section 18.06.050 of Chapter 18.06 of Title 18 of
the Anaheim Municipal Code be, and the same are hereby, amended to
read as follows:
to .0251 Theme Amusement or Recreation Type
Facilities: Due to the unique nature of these
types of uses, parking requirements shall be
determined by the City Traffic and Transportation
Manager and/or Planning Commission based upon the
nature and extent of the intended use and upon
information contained in a parking demand study
prepared by an independent traffic engineer
licensed by the State of California, or such
other study as approved by the City Traffic and
_ Transportation Manager and provided by the
developer to the City, at the developer's sole
expense, at the time of application for such
use."
it .02555 Health Spas and Physical Fitness
Centers: Five and one-half (5.5) spaces per
1,000 square feet of gross floor area for
facilities under 4,000 square feet; for
facilities 4,000 square feet or larger, parking
requirements shall be determined by the City
Traffic and Transportation Manager and/or
Planning Commission based upon a parking demand
study prepared by an independent traffic engineer
licensed by the State of California, or such
other study as approved by the City Traffic and
Transportation Manager and provided by the
developer to the City, at the developer's sole
expense, at the time of application for such
use."
SECTION 14.
That paragraph .0259 of subsection .025 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
" .0259 Theaters:
.02591 Live Performance: Four -tenths
(0.4) space per seat, plus eight -tenths (0.8)
space per employee, including performers.
.02592 Single Screen Motion Picture
Theater: Six -tenths (0.6) space per seat, plus
five (5) employee spaces.
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.02593 Multi -Screen Motion Picture
Theater: Three -tenths (0.3) space per seat, plus
two (2) employee parking spaces per screen."
SECTION 15.
That subsection .026 of Section 18.06.050 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended in its entirety to read as follows:
if .026 Educational and Institutional Uses:
.0261 Art Galleries with Accessory Retail
Sales, Exhibition Halls, and Museums: Three and
Three -Tenths (3.3) spaces per 1,000 square feet
of GFA.
.0262 Assembly Halls and Auditoriums: One-
third (0.333) space per fixed seat or twenty-nine
(29) spaces per 1,000 square feet of GFA of the
assembly area, whichever results in the higher
number of parking spaces, plus four (4) spaces
per 1,000 square feet of GFA for office use,
plus, if a kitchen facility is provided, two -
hundredths (.02) space per person for the maximum
capacity figure of the assembly area determined
by the City Fire Department.
.0263 Business Schools, Trade Schools and
Training Centers: Eighty -two -hundredths (0.82)
space per student or twenty (20) spaces per 1,000
square feet of GFA of instruction area, whichever
results in the higher number of parking spaces,
plus four (4) spaces per 1,000 square feet of GFA
of office area.
.02.64 Child Daycare Centers, Preschools and
Nurseries: One (1) space per employee plus one
(1) space per ten (10) children plus one (1)
space for loading and unloading children on-site.
.0265 Convalescent Homes and Senior
Citizens' Apartment Project -Congregate Care:
Eight -tenths (0.8) space per bed.
.0266 Churches, Synagogues and other Places
of Religious Worship: One-third (0.333) space
per fixed seat or twenty-nine (29) spaces per
1,000 square feet of GFA for the assembly area,
whichever results in the higher number of parking
spaces, plus four (4) spaces per 1,000 square
feet of office use, plus, if a kitchen facility
is provided, two -hundredths (.02) space per
person for the maximum capacity figure of the
assembly area determined by the Fire Department.
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Churches, synagogues and other places of
religious worship which also provide educational
and/or daycare services on the premises which
meet the standard set forth in this paragraph
.0266 shall not be required to provide additional
parking for said accessory uses.
.0267 Elementary Schools and Junior High
Schools: One (1) space per classroom, plus one
(1) space per non -office employee, plus four (4)
spaces per 1,000 square feet of GFA for office
use, plus parking as required by para -graph .0262
for any assembly halls and auditoriums.
.0268 High Schools: One (1) space per non -
office employee, plus one (1) space per six (6)
students, plus four (4) spaces per 1,000 square
feet of GFA for office use, plus parking as
required by paragraph .0262 for any assembly
halls and auditoriums.
.0269 Hospitals and Other In -Patient Care
Facilities: One (1) space per bed, plus six (6)
spaces per 1,000 square feet of GFA for the
remaining area not containing rooms with beds."
SECTION 16
That subsection .027 of Section 18.06.050 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
it .027 Transportation Terminals and Heli-
ports: Due to the unique nature of these uses,
parking requirements shall be determined by the
City Traffic and Transportation Manager and/or
Planning Commission based upon information con-
tained in a parking demand study prepared by an
independent traffic engineer licensed by the
State of California or such other study as
approved by the City Traffic and Transportation
Manager and provided by the developer to the
City, at the developer's sole expense, at the
time of application for such use."
SECTION 17.
That subsection .031 of Section 18.06.050 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
" .031 General Industrial, Manufacturing and
Warehouse Uses: One and fifty-five hundredths
(1.55) spaces per 1,000 square feet of GFA, which
may include a maximum of ten percent office
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space, plus, if the percentage of office space
exceeds ten percent of the GFA, four (4) spaces
per 1,000 square feet of GFA for the floor area
in excess of ten percent."
SECTION 18.
That subsection .032 of Section 18.06.050 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
it .032 Industrial Training Facilities:
Eighty -two -hundredths (0.82) space per student or
twenty (20) spaces per 1,000 square feet of GFA
for instruction area, whichever results in the
higher number of parking spaces, plus four (4)
spaces per 1,000 square feet of GFA for office
use."
SECTION
That subsection .010 of Section 18.06.060 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
" .010 Required Number and Size of Loading
Spaces.
.0101 Industrial Sites: Every industrial
site, including those located contiguous to a
public alley, shall be provided with at least one
(1) off-street or off -alley loading space con-
forming to Engineering Standard Detail No. 605
entitled 'Truck Dock Standard,' per twenty-five
thousand (25,000) square feet of GFA or fraction
thereof excluding any residences located on such
site.
.0102 Commercial Sites: Every commercial
site over twenty-five thousand (25,000) square
feet, including those located contiguous to a
public alley, shall be provided with at least one
(1) off-street or off -alley loading space con-
forming to Engineering Standard Detail No. 605
entitled 'Truck Dock Standard,' per twenty-five
thousand (25,000) square feet of GFA or fraction
thereof excluding any residences located on such
site."
SECTION 20.
That new subsection .015 be, and the same is hereby added
to, Section 18.06.070 of Chapter 18.06 of Title 18 of the Anaheim
Municipal Code to read as follows:
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" .015 No Lane in Landscape Setback. No
drive-through or drive -up lane shall be located
in any required landscape setback area."
SECTION 21.
That subsection .030 of Section 18.06.070 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
" .030 Lanes Without Separate Ordering
Devices: Each drive-through lane which does not
utilize a separately located ordering device
shall have a minimum distance of one hundred
sixty (160) feet for fast food uses, or one
hundred (100) feet for uses other than fast food,
between the start of said lane and the service
window or area. Said distance shall be measured
along the centerline of the prescribed vehicular
path."
SECTION 22.
That subsection .040 of Section 18.06.070 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended by deleting each reference to "City Traffic Engineer" and
"Planning Director" and inserting in its place "City Traffic and
Transportation Manager."
SECTION 23.
That the introductory paragraph of Section 18.06.080 of
Chapter 18. 06 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
it 18.06.080 VARIANCES FROM PROVISIONS OF
CHAPTER.
Except as otherwise expressly provided
herein, variances from any of the requirements of
this Chapter relating to the minimum number of
required parking spaces shall be processed in
accordance with the procedures set forth in
Chapter 18.03 of this Code applicable to zone
variances; provided, however that any petition
for such variance shall be accompanied by a
parking demand study prepared by an independent
traffic engineer licensed by the State of
California or such other study as approved by the
City Traffic and Transportation Manager and
provided to the City by the petitioner at
petitioner's sole expense. Notwithstanding the
requirements of Section 18.03.040 of this Code to
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the contrary, said variance shall be granted upon
a finding by the Planning Commission or City
Council that the evidence presented shows that
all of the following conditions exist:
.010 That the variance will not cause
an increase in traffic congestion in the
immediate vicinity nor adversely affect any
adjoining land uses;
.020 That the granting of the variance
under the conditions imposed, if any, will not be
detrimental to the peace, health, safety or
general welfare of the citizens of the City of
Anaheim; and
.030 That unless conditions to the
contrary are imposed upon the grant of the
variance by the Zoning Administrator, Planning
Commission or City Council, the grant of the
variance is contingent upon operation of the use
in conformance with the assumptions relating to
intensity of use in the parking demand study that
formed the basis for review and approval of said
waiver."
SECTION 24.
That subsection .050 of Section 18.31.066 of Chapter 18.31
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
" .050 The minimum turning radius of any
vehicle accessway shall be in accordance with
Engineering Standard Detail Nos. 601 or 602
entitled 'Minimum Off -Street Parking Dimensions;'
provided, further, that all covered or enclosed
residential parking spaces shall have a minimum
clear horizontal access width of not less than
nine (9) feet."
SECTION 25.
That subsection .061. of Section 18.32.066 of Chapter 18.32
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
" .061 The minimum turning radius of any
vehicle accessway shall be in accordance with
Engineering Standard Detail Nos. 601 or 602
entitled 'Minimum Off -Street Parking Dimensions';
provided, further, that all covered or enclosed
residential parking spaces shall have a minimum
clear horizontal access width of not less than
nine (9) feet."
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SECTION 26.
That subsection .061 of Section 18.34.066 of Chapter 18.34
of Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
If .061 The minimum turning radius of any
vehicle accessway shall be in accordance with
Standard Plans No. 601 or 602 entitled 'Minimum
Off -Street Parking Dimensions;' provided,
further, that all covered or enclosed residential
parking spaces shall have a minimum clear
horizontal access width of not less than nine (9)
feet."
SECTION 27.
To the extent that any provision(s) of this ordinance would
otherwise apply to the development of property and said provision(s)
("new regulations") contain restrictions or limitations on the
development of property greater than the provisions which existed
immediately prior to the time this ordinance became effective ("prior
regulations"), said prior regulations shall continue to apply (and
said new regulations shall not apply) to the construction,
development or establishment of the following projects:
1. Any project (i) not otherwise subject to the
provisions of this ordinance for which building
plans were initially submitted to the City of
Anaheim for plan check (the "initial plan check")
prior to date of adoption of ordinance for
purposes of obtaining building permit approval,
and (ii) for which a building permit is (was)
subsequently issued pursuant to either the
initial plan check or any subsequent plan check
for substantially similar building plans, and
(iii) for which construction is commenced within
one year following the date of issuance of said
building permit; or
2. Any project (i) for which specific plans for
development were finally approved by the Zoning
Administrator, Planning Commission or City
Council pursuant to a zone reclassification,
conditional use permit or zone variance
("discretionary approval") prior to date of
adoption of ordinance and (ii) for which a
building permit is issued pursuant to and in
accordance with such discretionary approval and
(iii) for which construction is thereafter
commenced and completed pursuant to and in
accordance with said discretionary approval.
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SECTION 28. 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 29. 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 30. 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 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 2nd da of August , 1994.
f
MAY R OF THE ITY OF AHEIM
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
5869.2\SMANN\June 20, 1994 13
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. 5437 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th
day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 2nd day of August, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5437 on the
3rd day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of August, 1994.
I � �� - � r6- --2 : � � -
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 Ordirknnce No. 5437 and was published once in the North Orange County News on the 11th day of
August, 1994.
CITY CLERK OF THE CITY OF ANAHEIM