5470ORDINANCE NO.
AN ORDINANCE OF THE CITY OF
SECTION 18.06.080 OF CHAPTER
18 OF THE ANAHEIM MUNICIPAL
VEHICLE PARKING AND LOADING
(VARIANCES).
5470
ANAHEIM AMENDING
18.06 OF TITLE
CODE RELATING TO
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.06.080 of Chapter 18.06 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.06.080 VARIANCES FROM PROVISIONS OF CHAPTER.
Except as otherwise expressly provided
herein, variances from any of the requirements of this
chapter relating to the minimum number of required
parking spaces shall be processed in accordance with
the procedures set forth in Section 18.03 of this Code
applicable to zone variances; provided, however, that
any petition for such variance shall be accompanied by
a parking study prepared by an independent traffic
engineer licensed by the State of California, selected
by the City Traffic and Transportation Manager, or, for
variances which do not exceed ten percent (100) of the
requirements of this chapter or for uses which require
thirty (30) or fewer parking spaces, such other study
as approved by the City Traffic and Transportation
Manager, and provided to the City at petitioner's sole
expense. Notwithstanding the requirements of Section
18.03.040 of this Code to the contrary, said variance
shall be granted upon a finding by the Zoning
Administrator, Hearing Officer, Planning Commission or
City Council that the evidence presented shows that
all of the following conditions exist:
.010 That the variance, under the
conditions imposed if any, will not cause fewer off-
street parking spaces to be provided for such use than
the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such
use; and
6.
.020 That the variance, under the
conditions imposed if any, will not increase the demand
and competition for parking spaces upon the public
streets in the immediate vicinity of the proposed use;
and
.030 That the variance, under the
conditions imposed if any, will not increase the demand
and competition for parking spaces upon adjacent
private property in the immediate vicinity of the
proposed use (which property is not expressly provided
as parking for such use under an agreement in
compliance with Section 18.06.010.020 of this Code);
and
.040 That the variance, under the
conditions imposed if any, will not increase traffic
congestion, noise, air pollution, or traffic
circulation conflicts, within the off-street parking
areas or lots provided for such use; and
.050 That the variance, under the
conditions imposed if any, will not increase traffic
congestion, noise, air pollution, or impede vehicular
ingress to or egress from adjacent properties, upon the
public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are
expressly imposed upon the grant of any variance
pursuant to this Section by the Zoning Administrator,
Hearing Officer, Planning Commission or City Council,
the grant of any such variance shall be deemed
contingent upon operation of such use in conformance
with the assumptions relating to the operation and
intensity of the use as contained in the parking demand
study that formed the basis for approval of said
variance. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions as
contained in the parking demand study shall be deemed a
violation of the express conditions imposed upon said
variance which shall subject said variance to
termination or modification pursuant to the provisions
of Section 18.03.091 and 18.03.092 of this Code."
SECTION 2. 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 City Council that it would have
adopted all other portions of this ordinance independent of the
E
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
or amendment of any other ordinance of this City or provision of
the Anaheim Municipal Code 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.
THE FOREGOING ORDINANCE is
City Council of the City of Anaheim
1994.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
8553.4\JWH1TE\November 18, 1994
approved and adopted by the
thisl3th day of December
MAY OF THE CITY OF AHEIM
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. 5470 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th
day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 13th day of December, 1994, by the following vote of the members thereof:
AYES:
MAYOR/COUNCIL:
Lopez, Zemel, Feldhaus, Daly
NOES:
MAYOR/COUNCIL:
None
ABSENT:
MAYOR/COUNCIL:
None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5470 on the
13th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of December, 1994.
2 ELIZ
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. 5470 and was published once in the North Orange County News on the 22nd day of
December, 1994.
CITY CLERK OF THE CITY OF ANAHEIM