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4543FOLLOWS: ORDINANCE NO. 4543 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTION .060 OF SECTION 18.03.091 AND ADDING SECTION 18.03.093 TO CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That subsection .060 of Section 18.03.091 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Section 18.03.093 be, and the same is hereby, added to Chapter 18.03 of Title 18 of the Anaheim Municipal Code to read as follows: "18.03.093 EXTENSIONS OF CONDITIONAL USE PERMITS AND VARIANCES APPROVED WITH TIME LIMITATIONS. The 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. Such condition or limitation may, but need not, provide that the body granting final approval of such conditional use permit or variance shall have the right to review said permit or variance and approve an extension of the time limitation contained therein. Any conditional use permit or variance containing any such time limitation, whether approved before or after the effective date of this section, may be extended for an additional period or periods of time, or such time limitation may be deleted or modified, by the body which granted final approval thereof, regardless of whether such condition or limitation includes an express authorization for review or time extensions for such permit or variance, provided: .010 The permittee or variance holder shall file with the Office of the City Clerk a request for an extension, modification or deletion of such time limitation accompanied by a filing fee for such request in an amount as established by the City Council. .020 A public hearing shall be held by the body which granted final approval of such permit or variance 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 Such extension, modification or deletion of any time limitation shall be approved only upon findings by the granting body that: .041 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, with regard only to any deletion of a time limitation, .042 The deletion of such time limitation 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 pursuant to 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. .060 Nothing contained herein shall be deemed to preclude the body which granted final approval of such permit or variance, or the City Council upon appeal, from approving an extension, modification or deletion of any time limitation in accordance with the provisions of this section at any time after the expiration of the original time limitation, or at any time after the expiration of any prior extension of such time limitation." SECTION 3. 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 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. -2- SECTION 4. 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 elimination herefrom of any such portion as may be declared invalid. SECTION 5. 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 is approved and adopted by the City Council of the City of Anaheim this 18th day of September, 1984. MA OR OF THE CITY M ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 2782M 7/13/84 -3- 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. 4543 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of September, 1984,- and that the same was duly passed and adopted at a regular meeting of said ( �, City Council held on the 18th day'of September, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4543 on the 18th day of September, 1984. IN WITNESS WHEREOF,'I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of September, 1984. 2 S-o-� 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. 4543 and was published once in'the Anaheim Bulletin on the 28th day of September, 1984. wopl-�O— �?' I r-� CITY -CLERK