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5441ORDINANCE NO. 5441 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICA`1'ION NO. 93-94-12). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the Planning Commission heretofore held a duly noticed public hearing and, as a result thereof, did adopt its Resolution No. PC 94-61 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS F'OLLOWS : SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying that certain property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: All those portions of Original Building Lot 55 and 56 as shown on map of Anaheim recorded Book 4, Pages 629 and 630 of Deeds, Records of Los Angeles County described as follows: Beginning at a point on the Southerly line of Lot 56 of said point of beginning 92' easterly along the southerly line of Lot 56 and 55, 86' to a point; thence at right angles northerly and parallel of the east line of Lot 55 61stance of 59 feet to a point, thence at right angles westerly and paralle_i. w.i_th southerly line of Lot 55 and 56 a distanc--e of 86' to a point, thence at right angles southerly and parallel to westerly line of Lot 56 a distance of 59' to the southerly line of Lot. 56 and to the point of beginning, into the "RM -1200 (Residential, Multiple-Fam:ly) " ZONE. SECTION The City Zoning Map shall be, and the same is hereby, amended and the property al_)ove-described shall be excluded from 93-94-12 i the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. 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 9th day of August , 1994. MAYOR OF THE CITY NAHEIM ATTEST: CItT CLERK OF THE CITY OF ANAHEIM - 2 - 93-94-12 ORDINANCE NO.5440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 AND .030 OF SECTION 17.32.070 OF CHAPTER 17.32 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSPORTATION FEE CREDITS. FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That subsections .010 and .030 of Section 17.32.070 of Chapter 17.32 of the Anaheim Municipal Code be, and the same are hereby amended to read as follows: 11.010 Construction of Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a Master Plan of Highways Public Facility and when such construction is necessary to provide efficient and timely construction of the facilities network, a credit against the fee which would otherwise be charged pursuant to this Chapter on the development project shall be available to the owner or developer upon completion of the Facility (but only to the extent of the fee), provided a project expenditure certification is approved by the Traffic Transportation Manager and that engineering costs are limited to amounts specified in the Intermodal Surface Transportation Efficiency Act. If the amount of the fee established by the City Council is based upon a discounted percentage of the actual costs of mitigating the impacts of new development, the amount of credit available pursuant to this subsection shall be correspondingly discounted." ".030 Dedications. The reasonable value of land dedicated for road and improvement purposes for a Master Plan of Highways Public Facility as said value is determined by the City Engineer shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this Chapter. If the amount of the fee established by the City Council is based upon a discounted percentage of the actual costs of mitigating the impacts of new development, the amount of credit available pursuant to this subsection shall be correspondingly discounted." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this L 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 3. 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 4. 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 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 August 1993. -- ' MAYOX OF THE CITY -6—FA EIM ATTEST• CITY CLERK OF THE CITY OF ANAHEIM 7861.1\SMANN\July 22, 1994 2 F1 ORDINANCE NO. 5439 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.72.110 OF CHAPTER 18.72 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP88-2) WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 88R-395 approving Specific Plan No. 88-2; and WHEREAS, the City Council has heretofore adopted Ordinance No. 4976 adding Chapter 18.72 to the Anaheim Municipal Code establishing Zoning and Development Standards for the SP88-2 Zone; and WHEREAS, the City council has heretofore adopted its Resolution No. 94R-182 amending Resolution No. 88R-395 and making certain findings in conjunction therewith pursuant to Chapter 18.93 of the Anaheim Municipal Code; and WHEREAS, the City Council desires to amend Section 18.72.110 of the Anaheim Municipal Code in the manner hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.72.110 of Chapter 18.72 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "SECTION 18.72.110 RECLASSIFICATION PROCEDURE; VIOLATION .010 Concurrent with or subsequent to introduction of an ordinance adding this chapter to the Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. 88-2 (SP No. 88-2) and this chapter to the zoning designation SP88-2. Such reclassification shall be subject to each of those certain conditions of approval of SP No. 88-2 as set forth in Resolution Nos. 88R-395, 94R-182 and any resolution hereinafter adopted amending the conditions of approval of SP No. 88-2. Any violation of any of said conditions shall be deemed a violation of this chapter as well as of the reclassification ordinance and shall be punishable as set forth in Section 1.01.370 of the Municipal Code. A 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd day of August , 1994. �/ MAY OF THE C TY OF r HEIM ATTEST• f% P CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 7864.1\JWHITE\July 20, 1994 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. 5439 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5437 on the 3rd day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of August, 1994. �-- 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. 5439 and was published once in the North Orange County News on the 11th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM