5126ORDINANCE NO. 51 6
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM
MEASURE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA PROHIBITING CERTAIN USES OF
PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL
THE CITY COUNCIL IS CONSIDERING OR STUDYING AND DECLARING
THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT.
WHEREAS, the City of Anaheim has heretofore adopted a
zoning code as codified and set forth in Title 18 of the Anaheim
Municipal Code (hereinafter "Zoning Code") regulating the use of
property within the City of Anaheim; and
WHEREAS, certain portions of said Zoning Code provide for
the regulation of uses of property in the Commercial Recreation
("C-R") Zone of the City as set forth in Chapter 18.48 of the
Anaheim Municipal Code; and
WHEREAS, the City Council of the City of Anaheim is
considering or studying a zoning proposal relating to possible
changes to the uses and regulations governing property in the C-R
Zone; and
WHEREAS, to protect the public safety, health and
welfare, the City Council adopts this interim ordinance as an
urgency measure to prohibit any uses which may be in conflict with
the aforesaid contemplated zoning proposal prior to its
consideration by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That notwithstanding any provision of the Anaheim
Municipal Code to the contrary, no permit or entitlement of any
nature whatsoever, including but not limited to any conditional
use permit or other discretionary entitlement, shall be issued by
the City of Anaheim for the construction, erection or expansion of
any of the following listed uses, and no such use shall be
constructed, erected or expanded, upon any property within the
Commercial Recreation ("C-R") Zone of the City of Anaheim during
the period this ordinance is in effect:
1. Health spas and physical fitness centers.
2. Restaurants (enclosed).
3. Skating rinks.
4. Bowling alleys.
S. Art galleries.
6. Bingo establishments.
7. Hotels.
8. Motels.
9. Theaters (including but not limited to dinner
theaters).
10. Automobile service stations.
SECTION 2.
That notwithstanding any provision of the Anaheim
Municipal Code to the contrary, no activity shall be commenced for
the construction, erection or expansion of any of the uses listed
in Section 1 above pursuant to any building permit or other
entitlement of any nature heretofore issued by the City of Anaheim
but which building permit or entitlement has not been exercised,
or the right of development otherwise legally vested, as of the
time this ordinance becomes effective. Any such building permit
or other entitlement which has not been so exercised, or for which
the right of development has not otherwise legally vested, as of
the time this ordinance becomes effective shall be suspended and
tolled for the period this ordinance, and any extension thereof,
is in effect.
In the event of any dispute as to whether any building
permit or other entitlement has been exercised or the right of
development otherwise legally vested pursuant to this Section, any
person or entity may file a request for review by the City
Council. Any such request must be filed with the City Clerk
within thirty (30) days following the effective date of this
ordinance. Within fifteen (15) days following the timely filing
of any such request for review, the City Council shall conduct a
hearing and receive evidence and testimony upon such matter.
Following any such hearing, the City Council shall make findings
of fact and render its decision upon such request.
SECTION 3.
That the City Council declares that this ordinance is
necessary as an emergency measure for the immediate protection of
the public safety, health and welfare and the reasons for its
urgency are as follows:
1. The City Council is currently considering or
studying a zoning proposal relating to possible comprehensive
revisions to the uses and regulations governing property located
in the C-R Zone of the City ("zoning proposal"); and
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2. Portions of the comprehensive revisions under study
or consideration in said zoning proposal relate to the size, type,
location and nature of the uses and structures which should be
permitted in the C-R Zone of the City; and
3. Those certain uses specified in Section 1 of this
ordinance ("prohibited uses") may be in conflict with said zoning
proposal; and
4. Certain applications for development have been or
may be submitted to the City for approval prior to the adoption of
the comprehensive revisions referred to herein which applications,
if approved, would allow development in a manner which may be in
conflict with said zoning proposal; and
S. Unless this ordinance is adopted as an urgency
measure, said prohibited uses may be constructed, erected or
expanded in the C-R Zone of the City prior to the time the City
Council fully considers the comprehensive revisions referred to
herein which development would be detrimental to the public
safety, health and welfare.
SECTION 4.
That this ordinance shall take effect immediately as an
urgency measure and shall remain in effect for a period of 45 days
after the date of this adoption, or until sooner repealed, unless
extended in accordance with the provisions of Section 65858 of the
Government Code of the State of California.
SECTION S. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of May, 1990.
MAY R OF WE—CITY 0 ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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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. 5126 was introduced and adopted at a regular
meeting of the City Council of the City of Anaheim, held on the 1st day of
May, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5126 on the 4th day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 4th day of May, 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. 5126 and was published once in the
Anaheim Bulletin on the 11th day of May, 1990.
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CITY CLERK OF THE CITY OF ANAHEIM