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4866ORDINANCE NO. 4866 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE CONCERNING REQUIRED IMPROVEMENTS AND WAIVERS THEREOF. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: / SECTION 1. That Subsection .020 of Section 18.04.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended to read, in its entirety, as follows: ".020 IMPROVEMENT OF RIGHT-OF-WAY All street, highway, sewer, storm drain, street light, CATV and/or alley improvements shall have been installed, removed, and reconstructed, and/or in good repair, or improvement plans shall be required to be prepared to City of Anaheim standards and such improvements constructed, removed and reconstructed at their ultimate location, or repaired, prior to issuance of occupancy permits. A faithful performance bond in a form approved by the City Attorney and in an amount to be determined by the City Engineer shall be posted to guarantee the construction of the required improvements. When the City Engineer has determined in the interest of public health, safety and general welfare that some or all of the improvements required by the preceding paragraph should be delayed until a future date, the obligations imposed by the preceding paragraph may be fulfilled in any of the following ways: a. Where the future date is known, a faithful performance bond in the form approved by the City of Anaheim and in an amount to be determined by the City Engineer shall be posted to guarantee construction at a future date; or b. Where the future date is undetermined, a sum of money in an amount determined by the City Engineer to be sufficient to pay for the required improvements shall be paid to the City of Anaheim. Such payment shall constitute compliance with the obligations imposed by this Subsection .020 and shall exonerate the property from the obligations imposed by this Subsection .020. _ Nothing herein shall be construed to relieve any property of any obligation to comply with any requirements imposed as a condition of future permits. Any money received by the City of Anaheim pursuant to subparagraph b shall be placed in a special fund to be used solely for the improvement of rights of way including, but not limited to, improvements to the property for which the money was paid." SECTION 2. That Section 18.04.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .070 to read as follows: ".070 EXEMPTIONS The following building permits are exempt from the requirements imposed by subsections .020 through .060: (a) building permits for interior modifications of buildings or structures. (b) building permits wherein a minor addition is being added to an existing structure or building. "Minor addition" shall include any expansion of a single-family residence or any expansion of a commercial, multi -family or industrial use wherein the square footage of all buildings on the property is not being expanded by ten (10) percent or 1,000 square feet, whichever is lesser within any one (1) year period." SECTION 3. That Section 18.04.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .080 to read as follows: 11.080 VARIANCES The Planning Commission may grant variances from any of the requirements imposed by subsections .020 through .060 of this Section -2- 18.04.080 in accordance with the procedures established by Sections 18.03.040, 18.03.050, 18.03.070, 18.03.071, 18.03.080, and 18.03.081 of the Anaheim Municipal Code; provided, however, that before any such variance may be granted by the Planning Commission, it shall be shown that: (a) The cost of any or all of the requirements imposed by subsections .020 through .060 are disproportionate to the value of the project for which the permit is sought; and (b) The public health, safety, or welfare will not be adversely affected by the grant of such variance." SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby 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 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 13th day of October, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES:fm 1987L 083187 -3- 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. 4866 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of September, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of October, 1987, by the following vote of the utembers thereof: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: Ehrle , Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4866 on the 13th day of October, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of October, 1987. 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. 4866 and was published once in the Anaheim Bulletin on the 23rd day of October, 1987. maim Milli