5628ORDINANCE NO. 5628
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .030 OF SECTION 18.03.090 OF
CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO EXTENSIONS OF TIME
LIMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .030 of Section 18.03.090 of Chapter
18.03 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
"030 An extension of time to the time limits
specified in subsections .010 and/or .020 above shall
have been granted by the Zoning Administrator, Planning
Commission or City Council. A letter requesting an
extension of time shall be filed with the Zoning
Division of the Planning Department no later than one
hundred -eighty (180) days following the expiration of
the approval or the expiration of any prior extension
of time. A filing fee in an amount established by
resolution of the City Council shall be paid upon the
filing of each request for any such time extension.
.0301 Before granting any request for an
extension of time, the Zoning Administrator,
Planning Commission or City Council must make a
finding of fact, by motion, or in the case of the
Zoning Administrator, by written decision of the
Zoning Administrator, that the evidence presented
shows that all of the following conditions exist:
.01 The grant of the extension of time will
not extend the approval beyond two (2)
extensions of time, with each extension not
to exceed one year, or any greater or lesser
time increment specified in the original
resolution of reclassification, conditional
use permit, administrative use permit,
variance or administrative adjustment.
.02 The approval remains consistent with the
General Plan and the zone district
designation for the property.
.03 Either no Code amendments have occurred
that would cause the approval to be
inconsistent with the Zoning Code, or the
petitioner has (i) submitted revised plans
demonstrating that the approved project can
be modified to bring it into conformance with
such Code amendments and (ii) agreed to
modify the project to conform to such Code
amendments.
.04 The subject property is being maintained
in a safe, clean and aesthetically pleasing
condition with no unremediated code
violations on the property, as confirmed by
an inspection of the subject property by the
Code Enforcement Division. Cost of
inspection is established pursuant to Section
1.01.389.030 of the Anaheim Municipal Code,
and shall be paid by the applicant prior to
consideration of the time extension by the
determining body.
.05 No additional information or changed
circumstances are present which contradict
the facts necessary to support one or more of
the required findings for approval of the
project or enterprise.
.0302 Any action by the Planning Commission
(or the Planning Director or Zoning Administrator
where so authorized) pursuant to a request filed
under this subsection shall be subject to appeal
to, or review by, the City Council within the same
time and manner, and subject to the same
procedures set forth in Section 18.03.080 through
18.03.084, inclusive of this Code. Any such
appeal to, or review by, the City Council, and any
determination thereon, shall be made in accordance
with the provisions of this Section.
.0303 If a resolution of intent to reclassify
property, or any conditional use permit,
administrative use permit, variance or
administrative adjustment becomes void by reason
of the expiration of the time limit herein
established and no extension of time has been
granted, said resolution shall be presumed to be
of no force or effect, and before any further
action for reclassification or any project or
enterprise covered by such conditional use permit,
administrative use permit, variance or
administrative adjustment can proceed, the
previous expired action shall be required to be
terminated by request of the applicant and
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recourse shall be had to new and separate
proceedings as in the first instance.
.0304 Notwithstanding the foregoing, if a
reclassification, conditional use permit,
administrative use permit, variance or
administrative adjustment approved prior to
September 1, 1997 has exceeded the limitations on
time extensions established by subsection
18.03.090.0301, the applicant shall be eligible for
one additional extension of time, provided that (i)
the application for said time extension must be
filed prior to September 1, 1998, (ii) the
extension shall not exceed one year, or any greater
or lesser time increment specified in the original
resolution of reclassification, conditional use
permit, administrative use permit, variance or
administrative adjustment, and (iii) the grant of
such extension shall be subject to the findings of
subsection 18.03.090.0301.
SECTION 2. 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 3. 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 4. 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
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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 24th day of February
1998.
MAY OF THE TY OF AHEIM
ATTEST:�-�
CITY CLERK OF THE CI OF ANAHEIM
0025349.01\122497\smann
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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. 5628 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of February, 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 24th day of February, 1998, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5628 on the 24th day of February, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 24th day of February, 1998.
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 of Ordinance No. 5628 and was published once in the North County News on
the 5th day of March, 1998.
CITY CLERK OF THE CITY OF ANAHEIM