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5816ORDINANCE NO. 5816 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.31.070, 18.32.070 AND 18.34.070 OF CHAPTERS 18.31, 18.32 AND 18.34, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HANDICAPPED ACCESS IN MULTIPLE -FAMILY ZONES. WHEREAS, on April 25, 1989, Anaheim City Council approved its Ordinance No. 5017 relating to handicapped access and elevators in multiple -family zones (the "Ordinance"); and WHEREAS, the handicapped access provisions of the Ordinance have been interpreted since that time to require that handicapped access be provided to developments in multiple -family zones in conformance with the requirements of the Uniform Building Code, subsequently referred to as the Anaheim Building Code, as adopted by the City Council (the `Anaheim Building Code"); and WHEREAS, a strict reading of the provisions in the Ordinance relating to handicapped access would create requirements in excess of the requirements of other jurisdictions in California and would be particularly infeasible to enforce in certain hillside areas of the City; and WHEREAS, the provisions in the Ordinance relating to elevators include a reference to deck -type housing, and the provisions relating to such housing have been deleted from the Code since the adoption of the Ordinance; and WHEREAS, the City Council desires to delete the provisions relating to handicapped access to reflect the City's practice of requiring developments to provide handicapped access pursuant to and in conformance with the requirements of the Anaheim Building Code, consistent with requirements in other jurisdictions; and WHEREAS, the City Council also desires to amend the provisions relating to elevators in multi -family zones to clarify ambiguous language and delete the reference to deck -type housing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.31.070 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.31.070 ELEVATOR ACCESS The following developments shall provide elevator access for residents and guests to the main entry level of each dwelling unit: .010 All attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments, which are located in a building three (3) stories or more in height. Parking garages not used in common by single-family dwellings shall not be considered a story for the purposes of this section. .020 Attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments located and situated wholly or partially on top of a parking structure used in common by such dwellings, regardless of the number of stories, whether such parking structure is located above or below ground -level." SECTION 2. That Section 18.32.070 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1%18.32.070 ELEVATOR ACCESS The following developments shall provide elevator access for residents and guests to the main entry level of each dwelling unit: .010 All attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments, which are located in a building three (3) stories or more in height. Parking garages not used in common by single-family dwellings shall not be 2 considered a story for the purposes of this section. .020 Attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments located and situated wholly or partially on top of a parking structure used in common by such dwellings, regardless of the number of stories, whether such parking structure is located above or below ground -level." SECTION 3. That Section 18.34.070 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.34.070 ELEVATOR ACCESS The following developments shall provide elevator access for residents and guests to the main entry level of each dwelling unit: .010 All attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments, which are located in a building three (3) stories or more in height. Parking garages not used in common by single-family dwellings shall not be considered a story for the purposes of this section. .020 Attached or semi -attached one - family dwellings, multiple dwellings, condominiums or residential planned unit developments located and situated wholly or partially on top of a parking structure used in common by such dwellings, regardless of the number of stories, whether such parking structure is located above or below ground -level." SECTION 4. 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 3 passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. 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. SECTION 6. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 6th day of August , 2002. r000w--o ; ) � MAY(5R OF THE CITY OF AN IM ATTEST: d4-44& x5IC1444� Cl/TY CLER51, OF THE CITY OF ANAHEIM 44913.1\smann\062402 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5816 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of July, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None U")k� ��� , ITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) �© )S O County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 15, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Augus ,)2002 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 oRDIrIAriCEIUo. Sete - AN OF THE CITY OF =•0M A0 D 163CO70 18.31, .82 1ti.30. f8 OF 171E ANAHEIM MUNICOAL CODE REIATfNG TO IgA P - PED MULTNrWAMILYZdYIS. WHEREAS, 25 118g, Artnttekn�Y Coteecil approved Its Ordinance No. 5017 relating to Hrrolcepped soon and elevators In fd xor»s RMtlirrenOs'); end Unifamirldul-kohil Odds. r�$nid to As the Anaheim BUNA tg Code, as aaopted ay tie crry Uooncu yae "An" Code•), WHEREAS, sired nedN7p of rtes in the Ordinance relating lo handicapped access would create requNarrents in excess d requrrerrrrta ofo t�s� in Cslifomis and would be parkcularfy infeasible to enforce cn asYstein hflla[do areas of the Clty; and WHEREAS, the provisions in the Ordinance rip to elevators include a reterertts to gado type housing. and the provi - sions relating to such housing ham been dell fioin the Code since hire adoption of6aeOr�rqures; and WHEREAS, the City Council d Jardolete thaprovisions relating to ttandfcapped xxssato raMcst the Cily's puttcace ol requiring gave mats to provide handicapped areas puts t� and Int carriomrance Z, the requirements tit the Anaheim BWlding Code, careistent vain niqulranwrrta in other Jtuiadfc�rrs; and WHEREAS, the City Council also chokes to amend the provisions retailing to elevators inmuNf-famNy zones to dwity am - biguousi�t agg end the re cce to dodr-typs houainngg NOW, THFORE, CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. at 18.31.070 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby. amended Th to read t'Wws: '18.31.070 ELEVATOR ACCESS The following developments shall provide elevator access for residents and guests to the main entry level of each dwelling unit: 010 All atached or semi-atteehed oro4stnily dwell multiple condomknWms or residential planned unit gavel which w located irta builds three (3)sstories or mote jn t. Parkkip garages not used in gammon by singlo a family dwellings shall not be cons' a story for the purposes'cilhis sec�n. .020 Attached or sena-attached one4amily dwellings, multiple dw*Xngs, cond ' s or residential planned unit devilopmttNs located and situated or partially on top of a trudure�irr Onnrrfoh by such dwr�ings, regardless of the number of stories,�ier such parking structure is above orteelow groruddevell." SECTION 2. _ That Section 18.32.070 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby. amended to res as follows: "18.32.070 ELEVATOR ACCESS The following developments shell provide elevator access for residents and guests to the main entry level of each dwelling unit: s 010 AN attached or semi -attached one -family dwellings, multiple dwellings, condomini ww or r11A d plaMted unit developments, which are located in a building Hires (3) stories or mom in h t. Parldrig garages no used m oonhmon by single-family dwellings shall not be considered a story for the purposes of is section. 020 Attached or semfattached one family dwellings, sue dwetlings, condominiums planned unit developments boated and situated Whollyy or partially on top a paddr1p structure used in teueh dwellings, regardless of the cumber of storiw,:wMther such perking structure is located above or below vek SECTION 3. That Section 18.34.070 of Chapter 11.34 of Title 18 of the Anaheim Municipal Code be, and this sante is hereby, amended to read as follows: "18.34.070 ELEVATOR ACCESS The following developments shah provide elevator access for residents and guests to the main easy level of each dwelling unit: 010 All attached or semi•attaded grhe fatuity muNiple pondominiums or residential planned unit gave which are located I abuilddranngg tires sbrlss or Peaking grapes used in axxnmon by ai fly dwellings shag not baCornaidered a for the purpotlas of fs seraort. 020 AfOached or semi -attached biwfamfly dwellings, multiple dwellings, condominiums or residential planned unit deve opme is located and situated wholly or partially on top of a parking structure used In common by ouch dW*rfP, regardless of the number of stories, whether such parking structure is located above or below groundtevel." SECTION 4. SEV RARILITY The try Council of the City of Artsbaim hereby declares that should any section, para� rgieord�lhis ordimrice of the Code, here be decMred for any recon wilia I4vakl, it Is Ve 0- 1 a wwedNwe all otter this ordinance independent of ata tAmination merafra fi M porttun as may be declIlived invald. SECTION'S. SAVINGS CLAUSE Neither the adoption of this ordina clo nor the repeal of any other or Mds an any manner affect the prosecution for violations of ordlinotcet, which violations were cos 91s Sts dash hereof. nor M co as a waiver of try Ilicono Or or the paial provlsio to VlWo nal.? The ' visions of irtsopr as ere the umme as ordinaftsrt! previoully `r sauna subject rthafbr, shall be construed as resialementi nuatione, uwd milt iriri a f SECTION S. PENALTY Orm or corporation to or during an grtlon harry or an or m by such, fl rpora8on, RaR prx ICING OR0MAff4CE is approved and adopted by the IIATTEST: MA THE5ITY-�ANAHEIM PROOF OF PUBLICATION Heldhaus, tying, Daly, Tait. Nome L Z. or to fail to compht with orw of the. or N be deemoW.gWNy or e wearers a this ViVA tr as p in the City of t"Yeliillilin tris rt dllyaf