5112ORDINANCE NO. 5112
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING NEW SECTION 18.03.085 TO CHAPTER
18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO REZONING
The City Council of the City of Anaheim does ordain as
follows:
SECTION 1.
That new Section 18.03.085 be, and the same is hereby,
added to Chapter 18.03 of Title 18 of the Anaheim Municipal Code,
to read as follows:
"18.03.085 EFFECT OF CITY COUNCIL'S FAILURE TO
ADOPT REZONING ORDINANCE
.010 Notwithstanding any other
provision of this Code to the contrary, the adoption of
any resolution of intention to reclassify or rezone
property ("resolution of intention") by the City Council
or by a decision of the Planning Commission which is
neither timely appealed to, nor reviewed by, the City
Council, shall not (i) confer or vest any rights to
reclassification or rezoning of the property prior to the
adoption of an ordinance by the City Council
reclassifying or rezoning the property ("rezoning
ordinance"), nor (ii) compel, commit, mandate or
otherwise require the City Council to adopt any such
rezoning ordinance.
.020 Consideration of any rezoning
ordinance by the City Council shall be deemed a
legislative decision and adoption of any such rezoning
ordinance shall be at the sole discretion of the City
Council notwithstanding the approval of any previous
resolutions of intention or other actions of either the
City Council or the Planning Commission relating to such
matter.
.030 In the event the City Council
fails to adopt any rezoning ordinance (for which a
resolution of intention was previously approved pursuant
to an action by either the City Council or the Planning
Commission which action subsequently became final) upon a
vote thereon by the City Council, or the City Council
fails to introduce any rezoning ordinance at a City
Council meeting where such rezoning ordinance appears on
the Council agenda for introduction, any previously
approved final resolution of intention relating thereto
shall be deemed null and void.
I
.040 The action of the City Council
in failing to adopt such rezoning ordinance shall have
the same effect as a timely appeal from any resolution of
intention the final approval of which was previously
granted by the Planning Commission, or the timely
granting of a rehearing from any resolution of intention
the final approval of which was previously granted by the
City Council. The City Clerk shall thereafter schedule a
public hearing before the City Council upon such matter
in the same time and manner as specified in Section
18.03.083 of this Code.
.050 In the event the City Council
adopts a resolution denying a zoning reclassification of
the subject property following a public hearing thereon
pursuant to the immediately preceding subsection and such
decision becomes final, the City shall thereafter refund
any fees and restore any other consideration to the
applicant which was theretofore obtained by the City
pursuant to any condition of any previously approved
resolution of intention which is thereafter rendered null
and void by the provisions of this section.
.060 Except as expressly set forth in
this section, neither the City of Anaheim nor its
officers or employees shall have any obligation or
liability for the failure of the City Council to adopt
any rezoning ordinance.
SECTION 3. 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 3rd day of April, 1990.
UY-OR OF THE CTTY OF QUAHEIM
ATTEST:
44&Y. ITY CLERK OF THE QVFY OF AN HEIM
JLW:lm
3571L
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. 5112 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 27th day of March, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 3rd day of April, 1990, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5112 on the 4th day of April, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 4th day of April, 1990.
WO
hIftTY CLERK OF THE Cr 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. 5112 and was published once in the
Anaheim Bulletin on the 13th day of April, 1990.
J� -
ITY CLERK OF THE CITY44f ANAHEIM