5947ORDINANCE NO. 5947
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 DOES 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 initiated by the granting
authority, or by 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 special circumstances waiver by the approval authority;
.02 Twelve (12) days after the decision of the Zoning Administrator on
a conditional use permit, variance, reclassification 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 Planning Commission on
a conditional use permit, variance, reclassification of property from one zone or district to another,
or other permit not listed in subparagraph .01 above.
.0302 Appeals. An appeal must be filed within the following time periods
subsequent to the decision of the granting authority.
.01 Ten (10) days after the decision on a tentative parcel 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, reclassification 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 Planning Commission on
a conditional use permit, variance, reclassification of property from one zone or district to another,
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 18.80 (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 Council 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 original approval authority shall stand as the
final decision at the end of the original appeal period. A timely request for review made by the
granting 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 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 this 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 5. 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 thereof, nor be construed as a waiver of any tax,
license or penalty or of the penal provisions applicable to any violations thereof. The provisions of
the 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.
2
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 26t1day 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 O AHEIM
By
MAYOR OF TH41TFF ANAHEIM
ATTEST:
CITY C ERK F THE CITY OF ANAHEIM
55809.2
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
This space is for the County Clerk's Filing Stamp
ORDINANCE NO. 5947
Proof of Pub OF THE CITY OF ANAH . ENDING
A MAP REFERRED TO IN TI OFTHE
ht MUNRECLASSIFIICCATIOONN NO. 20o4 WI%.ONI H
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
FIND THAT:
WHEREAS, following. a duly noticed public hearing hell
on July 26, 2004, pursuant to the proviabrq oT $ectlon
16. 76.010 of the Anaheim Municipal Code, the Anaheim
Planning Commission did adopt its Resolution N4, 2004-
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 localltd at 2040
South Hester Street, more pparticu y described belQW, has
requested that the Cityfinalize reclassification of the subI'�ectt
property from the T (Tansitional) Zone to the RM 4 (t�Aultiple
Family Residential) Zone of the City of Anaheim
(Reclassification No. 2004 00125); and
WHEREAS, certain conditions and requirementswere
made as conditions precedent to the making of a chin a 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:
Mono" 1.
That the Zoning Map referred to in Title 18 of the Ana-
heim Municipal Code be, and the same is hereby, amended
by rezoning and reclassifying the subject properties situat-
ed in the County of Orange, State of California, described
as follows, to wit:
A PORTION OF THE NORTHWEST QUARTER OF SEC-
TION 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 NORTH-
WEST QUARTER OF SECTION 28, 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.
MOTION 2.
The City Zoning Map shall be, and the same is hereby,
amended and the above-described properties shall be ex-
cluded from the zone in which it is now situated and incorpo-
rated 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 io a Zon-
ng Map showing the changes hereby approved and
adopted.
MOTION 9. CERTIFICATION
The City Clerk shall certify to the passage of this ordi-
nance and shall cause the same to be printed once within frf-
teen (15) days after its adoption In the Anaheim Bulletin, a
newspapper of general circulation, published and circulated
in said City, and thirty (30) days from and after its final pas-
sage, 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 19th day of October, 2004, and thereafter
passed and adopted at aregular 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:
Sheryl) Schfoeder, ' ' ' ' ` ' ` `
CITY CLERK -OF TFtE 1;rty OF ANAHEIM
Publish: Anaheim Bulletin
November 4, 2004
25-1084 6426246