5611ORDINANCE NO. 5611
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 18.03.090, 18.03.092, 18.03.093 AND
18.12.080 OF CHAPTERS 18.03 AND 18.12,
RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING PROCEDURES
(TIME EXTENSIONS FOR UNEXERCISED USES AND
TIME LIMITATIONS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.03.090 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended in
its entirety to read as follows:
"18.03.090 TIME LIMIT FOR AMENDMENTS, CONDITIONAL USE
PERMITS, ADMINISTRATIVE USE PERMITS,
VARIANCES & ADMINISTRATIVE ADJUSTMENTS.
Any resolution of intention to reclassify property
under this chapter, or the authority granted by any
conditional use permit, administrative use permit, variance
or administrative adjustment shall expire and thereafter be
deemed null and void unless:
010 The petitioner shall, within one year after such
approval (or within any greater or lesser time
limit specified in said resolution), comply with
each and all of the conditions, if any, imposed
with time limits in said resolution of
reclassification, conditional use permit,
administrative use permit, variance or
administrative adjustment;
020 The project or enterprise authorized by any
conditional use permit, administrative use permit,
variance or administrative adjustment, or
construction necessary and incident thereto, shall
be begun on or before the time limit specified in
such conditional use permit, administrative use
permit, variance or administrative adjustment and
thereafter diligently advanced, or if no time is
specified, on or before one year after the date
such conditional use permit, administrative use
permit, variance or administrative adjustment was
approved.
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 resolution, 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 has been 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
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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
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
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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.
That subsection .030 and of Section 18.03.092 of
Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
".030 That the use or variance for which such
approval was granted has ceased to exist or has been
suspended or inoperative for any reason for a period of
six (6) consecutive months or more;"
SECTION 3.
That Section 18.03.093 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.03.093 CONDITIONAL USE PERMITS AND VARIANCES
APPROVED WITH TIME LIMITATIONS.
The Zoning Administrator, Planning Commission or
City Council may approve a conditional use permit or
variance upon condition, or subject to the limitation,
that such approval shall expire after a specified
period of time or upon a specified date. Any
conditional use permit or variance containing any such
time limitation, whether approved before or after the
effective date of this section, may be reinstated for
an additional period or periods of time, or such time
limitation may be deleted or modified by the Zoning
Administrator (for Zoning Administrator decisions), or
the Planning Commission (for time limitations imposed
by the Planning Commission or City Council), provided:
.010 The permittee or variance holder shall file
with the Planning Department a request for
reinstatement of the approval subject to such time
limitation no later than September 1, 1998 or one
hundred -eighty (180) days following the expiration of
the approval, whichever shall come later, accompanied
by a filing fee for such request in an amount as
established by the City Council.
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.020 A public hearing on the reinstatement of the
approval shall be held by the Planning Commission or
Zoning Administrator to determine whether such time
limitation should be extended, modified or deleted.
.030 Notice of such public hearing shall be given
in the same manner as was legally required to be given
in connection with the public hearing approving such
permit or variance.
.040 Reinstatement of the approval by extension,
modification or deletion of any time limitation shall
be granted only upon the applicant presenting evidence
to establish the following findings:
.041 The facts necessary to support each and
every required showing for the issuance of such
entitlement as set forth in this chapter exist;
.042 Said permit or variance is being
exercised substantially in the same manner and in
conformance with all conditions and stipulations
originally approved by the approval body;
.043 Said permit or variance is being
exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to
the public peace, health, safety and general
welfare; and
.044 With regard only to any deletion of a
time limitation, such deletion is necessary to
permit reasonable operation under the permit or
variance as granted.
.050 Any action by the Planning Commission
pursuant to a request filed under this section shall be
subject to appeal to, or review by, the City Council
within the same time and manner, and subject to the
same procedures, as 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.
.060 Nothing in this section shall be deemed to
authorize or permit any use to be operated or any
structure to be maintained following the date of
expiration of any applicable time limitation even if
such time limitation is otherwise subject to
reinstatement pursuant to this section.
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SECTION 4.
That new subsection .080 be, and the same is hereby,
added to Section 18.12.070 of Chapter 18.12 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.080 The provisions of Section 18.03.090 for
extensions of time, Sections 18.03.091 and 18.03.092
for terminations and modifications, and Section
18.03.093 for time limitations shall apply to decisions
made pursuant to this Chapter provided, however, that
the Zoning Administrator shall act in place of the
Planning Commission.
SECTION 5. 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 6. 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 7. 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
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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 9th day of September
1997.
MAYOR'05 THE CITY OF ANVAEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEI�N7-
0016049.06\smann\June 24, 1997 7
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. 5611 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 19th day of August, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 9th day of September, 1997, 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.
5611 on the 9th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of September, 1997.
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. 5611 and was published once in the North County News on
the 18 day of September, 1997.
CITY CLERK OF THE CITY OF ANAHEIM