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5395FOLLOWS: r9 ORDINANCE NO. 5395 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND/OR AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING PROCEDURES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 18.03.090 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.03.090 TIME LIMIT FOR AMENDMENTS, CONDITIONAL USE PERMITS, ADMINISTRATIVE USE PERMITS, VARIANCES AND ADMINISTRATIVE ADJUSTMENTS. Any resolution of intention to reclassify property under this chapter, or the authority granted by any conditional use permit, administrative use permit, variance or administrative adjustment shall become null and void unless: .010 The petitioner shall, within one year after such approval (or within any greater or lesser time limit specified in said resolution), comply with each and all of the conditions, if any, imposed with time limits in said resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment; .020 The project or enterprise authorized by any conditional use permit, administrative use permit, variance or administrative adjustment, or construction necessary and incident thereto, shall be begun on or before the time limit specified in such conditional use permit, administrative use permit, variance or administrative adjustment and thereafter diligently advanced, or if no time is specified, on or before one year after the date such conditional use permit, administrative use permit, variance or administrative adjustment was approved. .030 An extension of time shall have been granted on proper application for good cause shown, which in no event shall exceed an additional time equal to the original time specified, or one year, whichever is the greater. Nothing contained herein shall be construed to preclude the Planning Commission (or the Planning Director C1 or Zoning Administrator where so authorized) from granting any such extension at any time after the expiration of the aforementioned original time specified, or at any time after the expiration of any prior extension of time. A filing fee in an amount established by resolution of the City Council shall be paid upon the filing of each application for any such time extension. Any action by the Planning Commission (or the Planning Director or Zoning Administrator where so authorized) pursuant to a request filed under this subsection shall be subject to appeal to, or review by, the City Council within the same time and manner, and subject to the same procedures set forth in Section 18.03.080 through 18.03.084, inclusive of this Code. Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this Section. If a resolution of intent to reclassify property, or any conditional use permit, administrative use permit, variance or administrative adjustment becomes void by reason of the expiration of the time limit herein established and no extension of time has been granted, said resolution shall be presumed to be of no force or effect, and before any further action for reclassification or any project or enterprise covered by such conditional use permit, administrative use permit, variance or administrative adjustment can proceed, the previous expired action shall be required to be terminated by request of the applicant and recourse shall be had to new and separate proceedings as in the first instance." SECTION 2. That Section 18.03.091 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.03.091 TERMINATION OR MODIFICATION OF AMENDMENTS, CONDITIONAL USE PERMITS OR VARIANCES (PROCEDURE). Any conditional use permit or variance whether granted before or after the effective date of this Code, shall remain in full force and effect unless modified or revoked in accordance with the provisions hereof. A conditional use permit or variance may be modified or revoked provided that: .010 A public hearing shall be held by the Planning Commission to determine if grounds exist for the modification or termination of the conditional use permit or variance. 2 L .020 That the owner, holder, user or permittee shall receive notice either personally or by United States mail at least ten (10) days in advance of said public hearing. .030 Said notice shall require that the owner, holder, user or permittee appear before the Planning Commission and show cause why said conditional use permit or variance shall not be modified or terminated for one or more of the grounds specified in Section 18.03.092 of this Code. .040 Said notice shall state the date, time and place of said hearing; and .050 Said notice shall inform the owner, holder, user or permittee that if said person fails to appear at the time and place specified in said order to show cause that the approving body may modify or terminate said conditional use permit or variance in his absence. .060 Any action of the Planning Commission 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 Sections 18.03.080 through 18.03.084, inclusive, of this Code. Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this Section. .070 Resolutions of intent to reclassify property to a different zone may be terminated or amended in accordance with the same procedure set forth in this Section." .080 The words 'termination' and 'revocation' and all forms and derivatives thereof shall be deemed to have the same meaning for purposes of, and are used interchangeably throughout this Title. .090 For purposes of this Section and Sections 18.03.092 and 18.03.093 hereof, the term 'conditional use permit' shall be deemed to also include any administrative use permit and the term 'variance' shall be deemed to also include any administrative adjustment. 3 A SECTION 3. That Section 18.03.093 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.03.093 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 Planning Commission or City Council 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 Planning Commission regardless of whether such condition or limitation includes an express authorization for review or time extensions for such permit or variance and further regardless of whether any such condition specifies that review shall be by either the Planning Commission or City Council, provided: .010 The permittee or variance holder shall file with the Planning Department 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 Planning Commission 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 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, 4 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 under 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. Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this Section. .060 Nothing contained herein shall be deemed to preclude the Planning Commission, 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 4. That Section 18.10.050 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.10.050 NOTICE OF DECISION AND APPEALS. Notice of the decision of the Planning Director shall be given in writing, by mail or personal service, to the applicant and any other persons to whom notice of the proposed use was required to be given pursuant to Subsection .020 of Section 18.10.040 hereof. The applicant or any affected person may appeal the decision of the Planning Director by filing a written notice of appeal with the City Clerk, or two (2) or more members of the City Council may request review of such decision, within twenty- two (22) days following the date of such decision. Any such appeal (other than a request for review by members of the City Council) shall be accepted for filing only if accompanied by a filing fee in an amount as established by Resolution of the City Council. Upon the filing of a timely appeal or request for review as herein provided, such application shall be set for hearing before the City Council and thereafter processed in the same time and manner as established for appeals of conditional use permits pursuant to Chapter 18.03 of this Code." 5 SECTION 5. That Section 18.10.060 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.10.060 FINDINGS. The Planning Director, or the City Council on appeal, shall approve or conditionally approve an administrative use permit if it is found that: .010 The use and building comply with the applicable site development standards of the zone in which the property is located; and .020 The use complies with all of the criteria and standards established for such use pursuant to any applicable provisions of this Code. An administrative use permit shall be denied only if it is found that the proposed use does not meet the criteria set forth in either subsections .010 or .020 above." SECTION 6. That Section 18.10.070 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code, be and the same is hereby, amended to read as follows: 1118.10.070 TERMINATION, MODIFICATION OR EXTENSION OF PERMITS. Any permit issued pursuant to the provisions of this Chapter may be terminated, modified or extended in accordance with the procedures set forth in Sections 18.03.090 through 18.03.093 of this Code except that the Planning Director or his designee shall act in place of the Planning Commission. Termination of any such permit shall require a finding that: .010 The use is being conducted in violation of any applicable site development standards of the zone in which the property is located; or .020 The use is being conducted in violation of any criteria or standards established for such use pursuant to any applicable provisions of this Code." N. r7 SECTION 7. That new subsection .015 be, and the same is hereby, added to Section 18.12.050 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code, to read as follows: ".015 Petitions for semi -enclosed restaurants having outdoor seating (not including walk-up, drive-in or drive-through restaurants). SECTION 8. That new subsection .075 be, and the same is hereby, added to Section 18.12.060 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code, to read as follows: ".075 Lot frontage requirements." SECTION 9. That subsection .080 of Section 18.12.070 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.080 The provisions of Sections 18.03.090 and 18.03.093 for extensions of time, and Sections 18.03.091 and 18.03.092 for terminations or modifications, shall apply to decisions made pursuant to this Chapter provided, however, that the Zoning Administrator shall act in place of the Planning Commission." SECTION 10. That new subsection .090 be, and the same is hereby, added to Section 18.12.070 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code, to read as follows: 11.090 A petition for a conditional use permit pursuant to this chapter may include an application for not more than two (2) variances pursuant to Section 18.12.060 hereof and/or not more than two (2) administrative adjustments pursuant to Section 18.12.080 hereof." SECTION 11. That Section 18.12.080 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 7 "18.12.080 ADMINISTRATIVE ADJUSTMENTS The Zoning Administrator, without public hearing and subject to the limitations of this section, may consider and grant administrative adjustments provided, however, that not more than two (2) such adjustments shall be approved for any individual project; if more than two (2) adjustments are requested for any individual project, such request shall be processed by the Planning Commission in accordance with the procedures set forth for zone variances in this code. A public hearing shall not be required on administrative adjustments unless the Planning Department receives written objections to a petition no later than ten (10) days from the date of mailing of the notice of the petition for administrative adjustment. Administrative adjustments may be approved or conditionally approved by the Zoning Administrator, subject to the findings set forth in Section 18.03.030.030 of this Code, in the following matters: .010 Dimensional requirements of Title 18 "Zoning" for yards and setbacks: .0101 Front yard: a maximum deviation of twenty percent (20%) from Code requirements or limitations. .0102 Rear yard: a maximum deviation of twenty percent (20%) from Code requirements or limitations. .0103 Side yard: a maximum deviation of twenty percent (20%) from Code requirements or limitations. .015 Height requirements of Title 18 "Zoning" for fences: .0151 Maximum height as may be permitted in any required structural setback or yard. .0152 Minimum height as may be required to screen any site or use from an abutting right-of-way or zone boundary. .020 All other dimensional or percentage limitations or requirements of Title 18 "Zoning": all zones, a maximum deviation of ten percent (10%). .030 Petitions for an administrative adjustment shall be accompanied by the payment of the fee in an amount as set forth by resolution of the City Council for the purpose of defraying costs incidental to the petition other than costs which are incidental to the publishing or giving of notice when a written objection is received. 8 16 .040 The Zoning Administrator shall order a public hearing when written objections are received within ten (10) days from the mailing of the notice (unless the applicant withdraws the application). When a public hearing is ordered, the Zoning Administrator shall fix a time and place for a public hearing of a petition for an administrative adjustment. The cost of publication and notice of such public hearing shall be paid by the applicant prior to mailing and publication of the notice. Notice shall be given by mailing notice pursuant to Title 18 of this Code. .050 The decision of the Zoning Administrator on an administrative adjustment becomes final within fifteen (15) days following the date of such decision unless appealed to the City Council by the applicant or any aggrieved person or unless a request to review said decision is made by two (2) or more members of the City Council within such time period. .060 Upon rendering a decision with respect to a petition for an administrative adjustment determined at a public hearing, the Zoning Administrator shall notify the applicant and the City Clerk of such decision. .070 Appeals shall be made by filing a letter of appeal with the City Clerk accompanied by payment of an appeal fee in such amount as specified by resolution of the City Council. No appeal fee shall be required where two (2) or more members of the City Council request a review of a decision of the Zoning Administrator concerning an administrative adjustment by notifying the City Clerk of such a request. Any such appeal to, or review by, the City Council, shall be made in accordance with the provisions of this Chapter." SECTION 12. That Section 18.12.090 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code, be and the same is hereby, amended to read as follows: "18.12.090 REFERRAL TO THE PLANNING COMMISSION. The Zoning Administrator may refer any petition made pursuant to this Chapter to the Planning Commission when the Zoning Administrator determines that the general public interest warrants such referral. In such instances, said proceedings by the Planning Commission shall be held in the manner otherwise required without regard to this Chapter." 7 L SECTION 13. EFFECT UPON CURRENT PROCEEDINGS. The provisions of this ordinance shall not apply to any proceedings relating to the termination, modification or extension of any resolution of intent to reclassify property, conditional use permit or variance for which notice of a public hearing was published prior to the effective date of this ordinance; such proceedings shall be governed by, and conducted in accordance with, all ordinances of the City of Anaheim in effect immediately prior to the effective date of this ordinance. SECTION 14. 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 15. 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 28th day of September , 1993. ( - - �Ial� t , k' �J� MAYOR OF TH CITY O 0 ANAHEIM ATTEST• CITY CLERK OF THE CITY OF ANAHEIM 10 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. 5395 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of September, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of September, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5395 on the 29th day of September, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of September, 1993. 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. 5395 and was published once in the Anaheim Bulletin on the 7th day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM