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4509FOLLOWS: ORDINANCE NO. 4509 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.06.290 OF CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING, EXCAVATIONS AND FILLS IN HILLSIDE AREAS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 17.06.290 of Chapter 17.06 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "17.06.290 CONDITIONAL EXCEPTIONS TO CHAPTER. Conditional exceptions to the regula- tions contained in this chapter shall be permitted upon a finding by the City Council that exceptional or special circumstances apply to the property. Such exceptional or special circumstances shall include unusual size, shape or topography of the property, drainage problems, or the impracticability of employ- ing a conforming grading plan, layout or lot line positioning by reason of prior existing recorded sub- divisions or characteristics of contiguous properties. Application for the waiver of any requirement of this chapter shall be filed with the City Engineer prior to approval of the grading plan and shall be accompanied by a filing fee in such amount as established by resolution of the City — Council. Any such application shall be referred by the City Engineer to the City Planning Commission which shall review the application and make a recom- mendation to the City Council. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing upon such applica- tion, notice of the time and place of such hearing shall be given by publication at least once in a news- paper of general circulation, circulated in the City of Anaheim, and by posting such notice in a conspicu- ous place upon such property not less than ten (10) days prior to the date of such public hearing. The decision of the City Council shall be final and conclusive." SECTION 2. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions 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 or- dinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and con- tinuations, and not as new enactments. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby 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 that it would have passed all other portions of this ordinance independent of the elim- ination herefrom of any such portion as maybe declared invalid. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this or- dinance 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, printed, 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 is approved and adopted by the City Council of the City of Anaheim this 5th day of June, 1984. 5- ::: �z / f 00 MAYOR OF THE CITYAOF AN EIM ATTEST: '00���eu - �? � 710(14� M CITY CLERK OF THE CITY OF ANAH JLW:fm 2456M 5/1/84 5/1/84 -2- 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. 4509 was introduced at a, regular meeting of the City Council of the City of Anaheim, held on the 29th day of May, 1984, and that the same was duly passed and adopted at a regular meeting of said .City Council held on the•5th day of June, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4,509 on the 5th day of June, 1984. IN WITNESS WHEREOF, I,have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of June, 1984. 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 Ordinance No. 4509 and was published once in the Anaheim Bulletin on the 15th day of June, 1984. CITY CLERK �i