5884M
ORDINANCE NO. 5884
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTION .030 TO SECTIONS 18.26.020 AND 18.27.020
OF CHAPTERS 18.26 AND 18.27, RESPECTIVELY, OF TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ANAHEIM COLONY HISTORIC DISTRICT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .030 be, and the same is hereby, added to Section 18.26.020 of
Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the foregoing, the reconstruction of any
legally -established multiple -family dwelling located within the Anaheim Colony
Historic District (bounded by North, South, East and West Streets) that is
damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster,
casualty or act of God, or of a public enemy shall be permitted provided that: (i)
the dwelling is made non -conforming by the adoption of an ordinance for
reclassification to a less intense zone on or after August 26, 2003, (ii) the dwelling
is constructed in conformance with development standards in the Zoning Code in
effect on August 26, 2003, which were applicable to the property prior to
reclassification to a less intense zone; (iii) the number of units shall not exceed
the number of legally established units which existed on the effective date of said
reclassification, (iv) reconstruction is in conformance with all applicable building
codes and regulations, other than development standards as set forth above, in
effect at the time of reconstruction, and (v) a complete application for a building
permit to authorize reconstruction is filed with the Building Division within two
years of the date of the event that caused the damage or destruction."
SECTION 2.
That subsection .030 be, and the same is hereby, added to Section 18.27.020 of
Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the foregoing, the reconstruction of any
legally -established multiple -family dwelling located within the Anaheim Colony
Historic District (bounded by North, South, East and West Streets) that is
damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster,
casualty or act of God, or of a public enemy shall be permitted provided that: (i)
the dwelling is made non -conforming by the adoption of an ordinance for
reclassification to a less intense zone on or after August 26, 2003, (ii) the dwelling
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is constructed in conformance with development standards in the Zoning Code in
effect on August 26, 2003, which were applicable to the property prior to
reclassification to a less intense zone; (iii) the number of units shall not exceed
the number of legally established units which existed on the effective date of said
reclassification, (iv) reconstruction is in conformance with all applicable building
codes and regulations, other than development standards as set forth above, in
effect at the time of reconstruction, and (v) a complete application for a building
permit to authorize reconstruction is filed with the Building Division within two
years of the date of the event that caused the damage or destruction."
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.
SECTION 5. 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.
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THE FOREGOING ORDINANCE is approved adopted by e City Council
of the City of Anaheim this 26 day of August, 2003.
MAYOR OF THE OffY OF ANAHEIM
ATTEST:
TY CLERk OF THE CITY OF ANAHEIM
50283. 1 \SMANN/July 31, 2003
M
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. 5884 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 19th day of August, 2003, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 26th day of August, 2003, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CLERK OF'THE CITY OF ANAHEIM
(SEAL)