4978AS FOLLOWS:
ORDINANCE NO. 4978
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE
18 OF THE ANAHEIM MUNICPAL CODE RELATING TO
DEDICATION AND IMPROVEMENT OF RIGHTS-OF-WAY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
SECTION 1.
That Subsection .010 of Section 18.04.080 of Chapter
18.04 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Dedications of Right -of -Way.
The right-of-way for all streets, highways,
sewers, storm drains and/or alleys which abut or cross
the subject property shall be dedicated to the full width
required by the City Engineer in accordance with the City
of Anaheim standard plans as adopted; provided, however,
that no dedication shall be required to widen a major or
primary street to the additional width required to meet
the Critical Intersection standard. The provisions of
the preceding sentence shall not affect or modify any
setbacks otherwise required by this Code. It is the
intention of this Section that required setbacks be
measured from the ultimate right-of-way shown on the
general plan, including any Critical Intersection
standard applicable to the property."
SECTION 2.
That Section 18.04.080 of Chapter 18.04 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended
by adding Subsection .025 thereto, to read as follows:
11.025 Improvement of Right -of -Way - Critical
Intersections.
In the case of properties abutting all or any
portion of an intersection designated on the Circulation
Element of the Anaheim General Plan as a Critical
Intersection, compliance with the obligation imposed by
Subsection .020 shall be met by installation of all
required improvements, or payment of a sum of money in an
amount determined by the City Engineer to be sufficient
to pay for all required improvements, except those
improvements of costs related directly to improvements
for the Critical Intersection standards which are in
excess of standards otherwise applicable to the street or
highway being improved. Funds paid pursuant to this
Subsection shall be treated the same as those paid under
Subsection .020b."
SECTION 3.
That subsection .080 of Section 18.04.080 of Chapter
18.04 of Title 18 of the Anaheim Municipal Code be, and it is
hereby, amended to read as follows:
".080 VARIANCES
The Planning Commission may grant variances
from any of the requirements imposed by subsections .010
through .060 of this Section 18.04.080 in accordance with
the procedures established in Chapter 18.03 of this Code
for the processing of variances except that the findings
set forth in Section 18.03.040.030 thereof shall not be
required and provided that before any such variance is
granted by the Planning Commission, it shall be shown
that either:
(a) There is no reasonable relationship
between the need for the required dedication and
improvements and the type of development project on which
such requirements are imposed; or
(b) The cost of the required dedication and
improvements unreasonably exceeds the burden or impact
created by the development project.
SECTION 4. 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 S. 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.
111088 -2-
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 6th day of December, 1988.
Own ee
YOR OF THE = OF ANAH
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
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111088 -3-
CLERK
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. 4978 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 29th day of November, 1988,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 6th day of December, 1988, by the following vote of
the members thereof:
AYES:
COUNCIL
MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4978 on the 7th day of December, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 7th day of December, 1988.
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. 4978 and was published once in the
Anaheim Bulletin on the 16th day of December, 1988.
CITY CLERK OF TBE CITY OF ANAHEIM