5395FOLLOWS:
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ORDINANCE NO. 5395
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
AND/OR AMENDING VARIOUS SECTIONS AND
SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING PROCEDURES
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 18.03.090 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.03.090 TIME LIMIT FOR AMENDMENTS,
CONDITIONAL USE PERMITS,
ADMINISTRATIVE USE PERMITS,
VARIANCES AND ADMINISTRATIVE
ADJUSTMENTS.
Any resolution of intention to
reclassify property under this chapter, or the authority
granted by any conditional use permit, administrative use
permit, variance or administrative adjustment shall become
null and void unless:
.010 The petitioner shall, within one year
after such approval (or within any greater or lesser time
limit specified in said resolution), comply with each and
all of the conditions, if any, imposed with time limits in
said resolution of reclassification, conditional use permit,
administrative use permit, variance or administrative
adjustment;
.020 The project or enterprise authorized by
any conditional use permit, administrative use permit,
variance or administrative adjustment, or construction
necessary and incident thereto, shall be begun on or before
the time limit specified in such conditional use permit,
administrative use permit, variance or administrative
adjustment and thereafter diligently advanced, or if no time
is specified, on or before one year after the date such
conditional use permit, administrative use permit, variance
or administrative adjustment was approved.
.030 An extension of time shall have been
granted on proper application for good cause shown, which in
no event shall exceed an additional time equal to the
original time specified, or one year, whichever is the
greater. Nothing contained herein shall be construed to
preclude the Planning Commission (or the Planning Director
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or Zoning Administrator where so authorized) from granting
any such extension at any time after the expiration of the
aforementioned original time specified, or at any time after
the expiration of any prior extension of time. A filing fee
in an amount established by resolution of the City Council
shall be paid upon the filing of each application for any
such time extension. Any action by the Planning Commission
(or the Planning Director or Zoning Administrator where so
authorized) pursuant to a request filed under this
subsection shall be subject to appeal to, or review by, the
City Council within the same time and manner, and subject to
the same procedures set forth in Section 18.03.080 through
18.03.084, inclusive of this Code. Any such appeal to, or
review by, the City Council, and any determination thereon,
shall be made in accordance with the provisions of this
Section.
If a resolution of intent to reclassify
property, or any conditional use permit, administrative use
permit, variance or administrative adjustment becomes void
by reason of the expiration of the time limit herein
established and no extension of time has been granted, said
resolution shall be presumed to be of no force or effect,
and before any further action for reclassification or any
project or enterprise covered by such conditional use
permit, administrative use permit, variance or
administrative adjustment can proceed, the previous expired
action shall be required to be terminated by request of the
applicant and recourse shall be had to new and separate
proceedings as in the first instance."
SECTION 2.
That Section 18.03.091 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.03.091 TERMINATION OR MODIFICATION OF
AMENDMENTS, CONDITIONAL USE PERMITS
OR VARIANCES (PROCEDURE).
Any conditional use permit or variance
whether granted before or after the effective date of this
Code, shall remain in full force and effect unless modified
or revoked in accordance with the provisions hereof. A
conditional use permit or variance may be modified or
revoked provided that:
.010 A public hearing shall be held by the
Planning Commission to determine if grounds exist for the
modification or termination of the conditional use permit or
variance.
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.020 That the owner, holder, user or
permittee shall receive notice either personally or by
United States mail at least ten (10) days in advance of said
public hearing.
.030 Said notice shall require that the
owner, holder, user or permittee appear before the Planning
Commission and show cause why said conditional use permit or
variance shall not be modified or terminated for one or more
of the grounds specified in Section 18.03.092 of this Code.
.040 Said notice shall state the date, time
and place of said hearing; and
.050 Said notice shall inform the owner,
holder, user or permittee that if said person fails to
appear at the time and place specified in said order to show
cause that the approving body may modify or terminate said
conditional use permit or variance in his absence.
.060 Any action of the Planning Commission
pursuant to this Section shall be subject to appeal to, or
review by, the City Council within the same time and manner,
and subject to the same procedures, as set forth in Sections
18.03.080 through 18.03.084, inclusive, of this Code. Any
such appeal to, or review by, the City Council, and any
determination thereon, shall be made in accordance with the
provisions of this Section.
.070 Resolutions of intent to reclassify
property to a different zone may be terminated or amended in
accordance with the same procedure set forth in this
Section."
.080 The words 'termination' and 'revocation'
and all forms and derivatives thereof shall be deemed to
have the same meaning for purposes of, and are used
interchangeably throughout this Title.
.090 For purposes of this Section and
Sections 18.03.092 and 18.03.093 hereof, the term
'conditional use permit' shall be deemed to also include any
administrative use permit and the term 'variance' shall be
deemed to also include any administrative adjustment.
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SECTION 3.
That Section 18.03.093 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.03.093 EXTENSIONS OF CONDITIONAL USE
PERMITS AND VARIANCES APPROVED
WITH TIME LIMITATIONS.
The Planning Commission or City Council
may approve a conditional use permit or variance upon
condition, or subject to the limitation, that such approval
shall expire after a specified period of time or upon a
specified date. Such condition or limitation may, but need
not, provide that the Planning Commission or City Council
shall have the right to review said permit or variance and
approve an extension of the time limitation contained
therein. Any conditional use permit or variance containing
any such time limitation, whether approved before or after
the effective date of this section, may be extended for an
additional period or periods of time, or such time
limitation may be deleted or modified, by the Planning
Commission regardless of whether such condition or
limitation includes an express authorization for review or
time extensions for such permit or variance and further
regardless of whether any such condition specifies that
review shall be by either the Planning Commission or City
Council, provided:
.010 The permittee or variance holder shall
file with the Planning Department a request for an
extension, modification or deletion of such time limitation
accompanied by a filing fee for such request in an amount as
established by the City Council.
.020 A public hearing shall be held by the
Planning Commission to determine whether such time
limitation should be extended, modified or deleted.
.030 Notice of such public hearing shall be
given in the same manner as was legally required to be given
in connection with the public hearing approving such permit
or variance.
.040 Such extension, modification or deletion
of any time limitation shall be approved only upon findings
that:
.041 Said permit or variance is being
exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health,
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safety and general welfare; and, with regard only to any
deletion of a time limitation.
.042 The deletion of such time limitation is
necessary to permit reasonable operation under the permit or
variance as granted.
.050 Any action by the Planning Commission
pursuant to a request filed under this section shall be
subject to appeal to, or review by, the City Council within
the same time and manner, and subject to the same
procedures, as set forth in Section 18.03.080 through
18.03.084, inclusive, of this Code. Any such appeal to, or
review by, the City Council, and any determination thereon,
shall be made in accordance with the provisions of this
Section.
.060 Nothing contained herein shall be deemed
to preclude the Planning Commission, or the City Council
upon appeal, from approving an extension, modification or
deletion of any time limitation in accordance with the
provisions of this section at any time after the expiration
of the original time limitation, or at any time after the
expiration of any prior extension of such time limitation."
SECTION 4.
That Section 18.10.050 of Chapter 18.10 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.10.050 NOTICE OF DECISION AND APPEALS.
Notice of the decision of the Planning
Director shall be given in writing, by mail or personal
service, to the applicant and any other persons to whom
notice of the proposed use was required to be given pursuant
to Subsection .020 of Section 18.10.040 hereof. The
applicant or any affected person may appeal the decision of
the Planning Director by filing a written notice of appeal
with the City Clerk, or two (2) or more members of the City
Council may request review of such decision, within twenty-
two (22) days following the date of such decision. Any such
appeal (other than a request for review by members of the
City Council) shall be accepted for filing only if
accompanied by a filing fee in an amount as established by
Resolution of the City Council. Upon the filing of a timely
appeal or request for review as herein provided, such
application shall be set for hearing before the City Council
and thereafter processed in the same time and manner as
established for appeals of conditional use permits pursuant
to Chapter 18.03 of this Code."
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SECTION 5.
That Section 18.10.060 of Chapter 18.10 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.10.060 FINDINGS.
The Planning Director, or the City
Council on appeal, shall approve or conditionally approve an
administrative use permit if it is found that:
.010 The use and building comply with the
applicable site development standards of the zone in which
the property is located; and
.020 The use complies with all of the
criteria and standards established for such use pursuant to
any applicable provisions of this Code.
An administrative use permit shall be
denied only if it is found that the proposed use does not
meet the criteria set forth in either subsections .010 or
.020 above."
SECTION 6.
That Section 18.10.070 of Chapter 18.10 of Title 18 of
the Anaheim Municipal Code, be and the same is hereby, amended to
read as follows:
1118.10.070 TERMINATION, MODIFICATION OR EXTENSION
OF PERMITS.
Any permit issued pursuant to the
provisions of this Chapter may be terminated, modified or
extended in accordance with the procedures set forth in
Sections 18.03.090 through 18.03.093 of this Code except
that the Planning Director or his designee shall act in
place of the Planning Commission.
Termination of any such permit shall
require a finding that:
.010 The use is being conducted in violation
of any applicable site development standards of the zone in
which the property is located; or
.020 The use is being conducted in violation
of any criteria or standards established for such use
pursuant to any applicable provisions of this Code."
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SECTION 7.
That new subsection .015 be, and the same is hereby,
added to Section 18.12.050 of Chapter 18.12 of Title 18 of the
Anaheim Municipal Code, to read as follows:
".015 Petitions for semi -enclosed restaurants
having outdoor seating (not including walk-up, drive-in or
drive-through restaurants).
SECTION 8.
That new subsection .075 be, and the same is hereby,
added to Section 18.12.060 of Chapter 18.12 of Title 18 of the
Anaheim Municipal Code, to read as follows:
".075 Lot frontage requirements."
SECTION 9.
That subsection .080 of Section 18.12.070 of Chapter
18.12 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.080 The provisions of Sections 18.03.090 and
18.03.093 for extensions of time, and Sections 18.03.091 and
18.03.092 for terminations or modifications, shall apply to
decisions made pursuant to this Chapter provided, however,
that the Zoning Administrator shall act in place of the
Planning Commission."
SECTION 10.
That new subsection .090 be, and the same is hereby,
added to Section 18.12.070 of Chapter 18.12 of Title 18 of the
Anaheim Municipal Code, to read as follows:
11.090 A petition for a conditional use permit
pursuant to this chapter may include an application for not
more than two (2) variances pursuant to Section 18.12.060
hereof and/or not more than two (2) administrative
adjustments pursuant to Section 18.12.080 hereof."
SECTION 11.
That Section 18.12.080 of Chapter 18.12 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
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"18.12.080 ADMINISTRATIVE ADJUSTMENTS
The Zoning Administrator, without public
hearing and subject to the limitations of this section, may
consider and grant administrative adjustments provided, however,
that not more than two (2) such adjustments shall be approved for
any individual project; if more than two (2) adjustments are
requested for any individual project, such request shall be
processed by the Planning Commission in accordance with the
procedures set forth for zone variances in this code. A public
hearing shall not be required on administrative adjustments
unless the Planning Department receives written objections to a
petition no later than ten (10) days from the date of mailing of
the notice of the petition for administrative adjustment.
Administrative adjustments may be approved or conditionally
approved by the Zoning Administrator, subject to the findings set
forth in Section 18.03.030.030 of this Code, in the following
matters:
.010 Dimensional requirements of Title 18
"Zoning" for yards and setbacks:
.0101 Front yard: a maximum deviation of
twenty percent (20%) from Code requirements or
limitations.
.0102 Rear yard: a maximum deviation of twenty
percent (20%) from Code requirements or limitations.
.0103 Side yard: a maximum deviation of twenty
percent (20%) from Code requirements or limitations.
.015 Height requirements of Title 18 "Zoning"
for fences:
.0151 Maximum height as may be permitted in
any required structural setback or yard.
.0152 Minimum height as may be required to
screen any site or use from an abutting right-of-way or
zone boundary.
.020 All other dimensional or percentage
limitations or requirements of Title 18 "Zoning": all zones,
a maximum deviation of ten percent (10%).
.030 Petitions for an administrative
adjustment shall be accompanied by the payment of the fee in
an amount as set forth by resolution of the City Council for
the purpose of defraying costs incidental to the petition
other than costs which are incidental to the publishing or
giving of notice when a written objection is received.
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.040 The Zoning Administrator shall order a
public hearing when written objections are received within
ten (10) days from the mailing of the notice (unless the
applicant withdraws the application). When a public hearing
is ordered, the Zoning Administrator shall fix a time and
place for a public hearing of a petition for an
administrative adjustment. The cost of publication and
notice of such public hearing shall be paid by the applicant
prior to mailing and publication of the notice. Notice
shall be given by mailing notice pursuant to Title 18 of
this Code.
.050 The decision of the Zoning Administrator
on an administrative adjustment becomes final within fifteen
(15) days following the date of such decision unless
appealed to the City Council by the applicant or any
aggrieved person or unless a request to review said decision
is made by two (2) or more members of the City Council
within such time period.
.060 Upon rendering a decision with respect
to a petition for an administrative adjustment determined at
a public hearing, the Zoning Administrator shall notify the
applicant and the City Clerk of such decision.
.070 Appeals shall be made by filing a letter
of appeal with the City Clerk accompanied by payment of an
appeal fee in such amount as specified by resolution of the
City Council. No appeal fee shall be required where two (2)
or more members of the City Council request a review of a
decision of the Zoning Administrator concerning an
administrative adjustment by notifying the City Clerk of
such a request. Any such appeal to, or review by, the City
Council, shall be made in accordance with the provisions of
this Chapter."
SECTION 12.
That Section 18.12.090 of Chapter 18.12 of Title 18 of
the Anaheim Municipal Code, be and the same is hereby, amended to
read as follows:
"18.12.090 REFERRAL TO THE PLANNING COMMISSION.
The Zoning Administrator may refer any
petition made pursuant to this Chapter to the Planning
Commission when the Zoning Administrator determines that the
general public interest warrants such referral. In such
instances, said proceedings by the Planning Commission shall
be held in the manner otherwise required without regard to
this Chapter."
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SECTION 13. EFFECT UPON CURRENT PROCEEDINGS.
The provisions of this ordinance shall
not apply to any proceedings relating to the termination,
modification or extension of any resolution of intent to
reclassify property, conditional use permit or variance for which
notice of a public hearing was published prior to the effective
date of this ordinance; such proceedings shall be governed by,
and conducted in accordance with, all ordinances of the City of
Anaheim in effect immediately prior to the effective date of this
ordinance.
SECTION 14. 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 15. 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 28th day of
September , 1993.
( - - �Ial� t , k' �J�
MAYOR OF TH CITY O 0
ANAHEIM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
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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. 5395
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of September,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th
day of September, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5395 on the 29th day
of September, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th
day of September, 1993.
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. 5395 and was published once in the Anaheim Bulletin on the 7th day of October, 1993.
CITY CLERK OF THE CITY OF ANAHEIM