5097ORDINANCE NO. 5097
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.03.030 OF CHAPTER
18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO CONDITIONAL
USE PERMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Section 18.03.030 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and it is hereby, amended by adding
thereto a new subsection .036 which subsection .036 shall read as
follows:
.036 Notwithstanding the provisions
and limitations of the foregoing
subsections .032, .033, .034, and .035,
the Planning Commission or City Council
may grant any request for a conditional
use permit if the City Council or Planning
Commission finds and determines either in
the resolution approving the conditional
use permit or any other finding pertaining
to the use (including environmental
documentation) that the concerns addressed
by subsections .032, .033, .034, and .035
are (1) mitigated to a level of
insignificance or (2) that overriding
considerations warrant the approval of the
conditional use permit in the event that
either (a) one or more of the findings of
fact required by subsections .032, .033,
.034, and .035 is not made or (b)
insufficient evidence is set forth in the
record to support one or more of the
findings of fact.
SECTION 2.
The City Council does hereby declare its intention that
this amendment shall apply to any conditional use permit including
conditional use permits granted prior to the adoption of this
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.
SECTION 4. 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 27th day of February
1990
ATTEST:
CITY CLERK OF 'IHE--(;I'IY OF ANAHEIM
MES: db
3474L
011790
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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. 5097 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 13th day of February, 1990,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 27th day of February, 1990, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5097 on the 28th day of February, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of February, 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. 5097 and was published once in the
Anaheim Bulletin on the 9th day of March, 1990.
CITY CLERK OF THE CITY OF ANAHEIM