5946ORDINANCE NO. 5946
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(RECLASSIFICATION NO. 2004-00125).
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT:
WHEREAS, following a duly noticed public hearing held on July 26, 2004, pursuant
to the provisions of Section 18.76.070 of the Anaheim Municipal Code, the Anaheim Planning
Commission did adopt its Resolution No. PC2004-76 determining that a change or changes in the
zone or zones hereinafter mentioned and described should be made; and
WHEREAS, the owner of property located at 2040 South Haster Street, more
particularly described below, has requested that the City finalize reclassification of the subject
property from the T (Transitional) Zone to the RM -4 (Multiple -Family Residential) Zone of the City
of Anaheim (Reclassification No. 2004-00125); and
WHEREAS, certain conditions and requirements were made as conditions precedent
to the making of a change or changes of said zone or zones, which conditions have been complied
with.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION i.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended by rezoning and reclassifying the subject properties situated in the
County of Orange, State of California, described as follows, to wit:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 4, RANGE 10 MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WESTERLY 175 FEET OF THE NORTHERLY 100 FEET OF
THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51,
PAGE(S) 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
into the RM -4 (Multiple -Family Residential) Zone of the City of Anaheim.
SECTION 2.
The City Zoning Map shall be, and the same is hereby, amended and the above-
described properties shall be excluded from the zone in which it is now situated and incorporated
in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended,
is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map
to be added to the City Zoning Map showing the changes hereby approved and adopted.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same
to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in said City, and thirty (30) days from and after its
final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 19thday of October , 2004, and thereafter
passed and adopted at a regular meeting of said City Council held on the 26th day of October
, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
ATTEST:
2,0-).Jj Z
dITY CLE K O THE CITY OF ANAHEIM
55788.v I \mgordon\09.28.04
2
CITY OF AHEIM
By
MAYOR OF THE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
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:
November 4, 2004
"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
Date: November 4, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
A.
This space is Iorthe County Clcrl,` FIII St.nur
rru ORDINANCE NO. 5946
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.60.130 OF CHAPTER 18.60 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO APPEALS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOE -
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That subsection .030 of Section 18.60.130 of Chapter
18.60 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
".030 Timeframes.
.0301 Requests for Review. Any request for review initi-
ated by the granting authority, or byy two or more members
of the City Council, shall be made by motion duly adopted
by the granting authority, or orally or in writing to the City
Clerk by two or more members of the City Council, within
the following time periods subsequent to the decision of the
granting authority.
.01 Seven (7) days after the decision on a tentative
parcel map approval. tentative tract map approval,. or spe-'
tial circumstances waiver by the approval authority;
.02 Twelve (12) days after the decision of the Zoning -..
Administrator on a conditional use permit, variance, reclassi-
fication of property from one zone or district to another. or
other permit not listed in subparagraph .01 above; and
.03 Eighteen (18) days after the decision of the Plan-
ning Commission on a conditional use permit, variance, re-
classification of property from one zone or district to anoth-
er, or other permit not listed in subparagraph .01 above
.0302 Appeals. An appeal must be filed within the fob
lowing time periods subsequent to the decision of the grant-
ing authority.
.01 Ten (10) days after the decision on a tentative par
cel map approval, tentative tract map approval, or special
circumstances waiver by the approval authority;
.02 Fifteen (15) days after the decision of the Zoning',
Administrator on a conditional use permit, variance, reclass-
fication of Property from one zone or district to another, or
other permit not listed in subparagraph .01 above; and
.03 Twenty-two days after the decision of the Plan-
ning Commission on a conditional use permit, variance, re-
classification of property from one zone or district to anoth-
er, or other permit not listed in subparagraph .01 above."
SECTION 2.
That subsection .040 of Section 18.60.130 of Chapter
18.60 of Title 18 of the Anaheim Municipal Code be.. and the
same is hereby, amended to read as follows.
".040 Fees. Fees shall be paid as specified in Chapter'..
18.60 (Fees) provided, however, no fees shall be payable in
conjunction with a timely made request for review by the
granting authority or a timely made request for review by
two or more members of the City Council."
SECTION 3.
That subsection .070 of Section 18.60 130 of Chapter
18.60 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows
".070 Withdrawal of Appeal. Prior to the City Councr
public hearing, an appeal may be withdrawn by the party';
who filed the appeal provided the withdrawal is submitted in
writing to the City Clerk prior to or at the public hearing.
However, if more than one party has filed an appeal, all of
said parties must withdraw their appeals, otherwise the City
Council shall act upon the appeal. If a valid withdrawal is
submitted, the decision of the or approval authority;
shall stand as the final decision at the end of the original ap-',
peal period. A timely request for review made by the grant-
ing authority or by two or more members of the City Council'
shall not be withdrawn after expiration of the time within
which such request for review could be made."
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim declares the:
should any section, paragraph, sentence or word of this or-
dinance hereby adopted be declared for any reason to be
invalid, it is the intent of the Council this it would have
passed all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be de-
clared invalid.
SECTION S. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or
amendment 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
i thereof, nor be construed as a waiver of any tax, license or
penalty or of the penal provisions applicable to any viola-
tions thereof. The provisions of the ordinance, insofar as
they are substantially the same as ordinance provisions pre-
viously adopted by the City relating to the same subject mat-
ter, shall be construed as restatements and continuations
and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a
regular meeting of the City Council of the City of Anaheim
held on the 19th day of October, 2004, and thereafter
passed and adopted ata regular meeting of said City Coun-
cil held on the 26th day of October, 2004, by the following
roll call vote:
AYES: Mayor Pringle, Council Members Chavez,
Hernandez, McCracken
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
CITY OF ANAHEIM'.,;
By Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Sheryll Schroeder
CITY CL,IrIJK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin
November 4, 2004 25-1085- 6426317