5554ORDINANCE NO. 5554
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTIONS 17.30.075 AND 17.31.075 TO CHAPTERS
17.30 AND 17.31, RESPECTIVELY, OF TITLE 17 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
STADIUM AREA FEE ADJUSTMENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Section 17.30.075 be, and the same is hereby,
added to Chapter 17.30 of Title 17 of the Anaheim Municipal Code
to read as follows:
"SECTION 17.30.075 FEE ADJUSTMENTS.
An owner or developer of any project subject
to the fee imposed by this Chapter may apply to the
City Council for a reduction or adjustment to that fee,
or a waiver of that fee, based upon the absence of a
reasonable relationship or nexus between the
transportation impacts of that development and either
the amount of the fee charged or the type of facilities
to be financed. The application shall be made in
writing and filed with the City Clerk not later than
ten (10) days prior to the public hearing on the
development permit application for the project, or if
no development permit is required, at the time of the
filing of the request for a building permit. The
application shall state in detail the factual basis for
the claim of waiver, reduction, or adjustment. The
City Council shall consider the application at the
public hearing on the permit application or at a
separate hearing held within sixty (60) days after the
filing of the fee adjustment application, whichever is
later. The decision of the City Council shall be
final. If a reduction, adjustment, or waiver is
granted, subsequent intensification or change of the
use shall render the waiver, adjustment or reduction of
the fee null and void."
SECTION 2.
That new Section 17.31.075 be, and the same is hereby,
added to Chapter 17.31 of Title 17 of the Anaheim Municipal Code
to read as follows:
"SECTION 17.31.075 FEE ADJUSTMENTS.
An owner or developer of any project subject
to the fee imposed by this Chapter may apply to the
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City Council for a reduction or adjustment to that fee,
or a waiver of that fee, based upon the absence of a
reasonable relationship or nexus between the
transportation impacts of that development and either
the amount of the fee charged or the type of facilities
to be financed. The application shall be made in
writing and filed with the City Clerk not later than
ten (10) days prior to the public hearing on the
development permit application for the project, or if
no development permit is required, at the time of the
filing of the request for a building permit. The
application shall state in detail the factual basis for
the claim of waiver, reduction, or adjustment. The
City Council shall consider the application at the
public hearing on the permit application or at a
separate hearing held within sixty (60) days after the
filing of the fee adjustment application, whichever is
later. The decision of the City Council shall be
final. If a reduction, adjustment, or waiver is
granted, subsequent intensification or change of the
use shall render the waiver, adjustment or reduction of
the fee null and void."
SECTION 3. 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 4. 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 5. 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
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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
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 5th day of March ,
1996.
MAYOR OF THE CITY OF(9kNAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
15703.1\SMANN\February 7, 1996
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. 5554 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day
of February, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 5th day of March, 1996, by the following vote of the members thereof:
AYES:
MAYOR/COUNCIL:
Tait, Zemel, Feldhaus, Lopez, Daly
NOES:
MAYOR/COUNCIL:
None
ABSENT:
MAYOR/COUNCIL:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5554 on the 5th
day of March, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this
5th day of March, 1996.
�• r
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. 5554 and was published once in the North County News on the 14th day of March, 1996
CITY CLERK OF THE CITY OF ANAHEIM