6156ORDINANCE NO 6156
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS SECTIONS OF TITLE 1, TITLE
14, TITLE 17 AND TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE (ZONING CODE AMENDMENT
NO. 2009-00079).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .020 of Section 1.12.099 of Chapter 1.12 of Title 1 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 If such failure of action is the result of an abstention by one or more City Council
members (whether legally required or otherwise) upon any matter previously acted upon by a
lower tribunal and which action of the lower tribunal would have become final but for an appeal
to or review by the City Council, the decision of the lower tribunal, including all findings of fact
and/or conditions of approval contained in such decision, shall be deemed reinstated and in full
force and effect by operation of law as of the date of such failure of action. In all other instances,
such failure of action shall be deemed a denial of the matter, request or application by operation
of law. The term "lower tribunal" as used herein shall mean the Planning Commission, or any
other commission, board, official, hearing officer or employee of the City when making a
decision which, by law, would be final in the absence of an appeal to or review by the City
Council."
SECTION 2.
That subsection .130 of Section 14.60.020 of Chapter 14.60 of Title 14 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".130 "Site Development Plan" means a plan of development that is subject to public
hearing before the Planning Commission or City Engineer."
SECTION 3.
That subsection .170 of Section 14.60.020 of Chapter 14.60 of Title 14 of the Anaheim
Municipal Code be, and the same is hereby, deleted in its entirety.
SECTION 4.
That Section 17.08.060 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"The City Planning Commission shall constitute the advisory agency for tentative parcel
maps, tentative tract maps and vesting tentative maps."
SECTION 5.
That subsection .010 of Section 17.08.100 of Chapter 17.08 of Title 17 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".010 The Planning Commission shall make investigations on the design and improvement
of any proposed division of real property for which a tentative map is filed for which the
Planning Commission is the advisory agency, and shall have the authority, to approve,
conditionally approve, or disapprove such map and division of land."
SECTION 6.
That subsection .015 of Section 17.08.100 of Chapter 17.08 of Title 17 of the Anaheim
Municipal Code be, and the same is hereby, deleted in its entirety.
SECTION 7.
That subsection .050 of Section 18.18.090 of Chapter 18.18 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".050 Signs. The sign regulations for the underlying zone in which such land is located,
as provided in Chapter 18.44 (Signs), shall apply to any zone combined with the "SC" Overlay
Zone, except as follows:
.0501 In addition to the provisions of subsection 18.44.100.010 (Wall Signs), only one
(1) wall sign shall be permitted per business unit, except as follows:
.01 A maximum of two (2) wall signs shall be permitted for a tenant unit where
said signs are located on parallel walls of the unit on opposite sides of the building, and: (a) one
of the walls face an arterial highway or local street other than a residential street (where fifty
percent (50%) or more of the opposite side is developed with residences); and (b) the opposite
wall faces a customer area such as a parking lot or entry to the store; provided both signs are not
visible when viewed from any single location and neither sign is intended to be visible to a
freeway; or
2
.02 A maximum of two (2) wall signs shall be permitted for a single unit, if the unit
is the corner unit closest to and fronting on at least (2) local streets or arterial highways,
excluding freeways, and has a main entrance on at least one (1) of the streets or highways. Only
one (1) sign may be permitted per wall.
.0502 Monument or freestanding signs are only permitted on commercially zoned
property in the Scenic Corridor as follows; provided that, for the purposes of this section,
commercial parcels that are integrated by access, circulation and/or parking shall be considered a
single property:
.O1 Maximum Number. A maximum of one (1) freestanding or monument sign is
permitted on any frontage abutting a scenic expressway, major arterial, hillside primary arterial,
and hillside secondary arterial; provided there is a minimum of three hundred (300) feet of
frontage for each sign, and that the minimum distance between such signs shall be three hundred
(300) feet.
02 Permitted Text. Each freestanding or monument sign face shall be limited to
the name of the commercial center and one (1) major tenant if the commercial center is
developed with fifteen (15) or fewer units the name of the commercial center and three (3) major
tenants if the center has more than fifteen (15) units.
.03 Maximum Size. The maximum size of the any freestanding or monument sign
shall comply with Section 18.44.090.020.0201, Table 44A (Maximum Size of Monument and
Freestanding Signs); provided, however, that multiple frontages and separate adjoining
properties shall not be combined to increase the permitted sign area.
.04 Design. The design of the sign shall be in compliance with Section 18.44.080
(Freestanding and Monument Signs - General) and Section 18.44.150 (Sign Construction and
Design) of Chapter 18.44 (Signs).
.0503 Freeway Oriented Signs. Freeway oriented signs shall be permitted only for
regional shopping centers by conditional use permit for on-site and off-site signs as provided in
subsection 18.44.050.010.0106 and Section 18.44.100 (Freeway -Oriented On -Site Signs).
.0504 Service Station Signs. In addition to the sign permitted under subsection .0502
above, one freestanding service station sign shall be permitted along the street frontage, not to
exceed eight (8) feet high, eight (8) feet wide, and thirty (30) square feet in advertising area;
provided, however, if the service station includes a convenience market, carwash and/or fast
food, the advertising area may be increased to no more than forty (40) square feet. The
advertising on the sign shall be limited to the price of gasoline and the name of the service
station. The location of the freestanding sign shall be determined through the conditional use
permit process. Freestanding signage along additional frontages may be permitted, subject to a
conditional use permit, if evidence is provided demonstrating that State of California advertising
requirements for service stations cannot be met with one (1) sign.
.0505 Electronic Readerboard Signs. Electronic readerboard signs are prohibited.
3
.060 Sign Lighting Adjacent to Residential Uses. No sign located on a parcel adjacent to a
residentially zoned parcel shall be lighted between the hours of midnight and 6:30 a.m. unless
such signs (a) identify a business that is allowed to remain open during those hours or (b)
identify a commercial center that contains one (1) or more businesses which remain open during
those hours. Any signage that identifies a business that is closed between the hours of midnight
and 6:30 a.m. shall not be lighted during those hours."
SECTION 8.
That subsection .020 of Section 18.24.120 of Chapter 18.24 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
11.020 Variance From Sign Requirements. No person shall install or maintain any sign in
the (SABC) Overlay Zone, except as permitted in this section; provided, however, that any
requirements or restrictions may be waived, in whole or in part, upon such conditions as may be
imposed by the Planning Commission or the City Council, by a variance processed and approved
in accordance Chapter 18.74 (Variances). Notwithstanding the foregoing, a variance shall not
be granted for a parcel of property that authorizes a sign use not otherwise expressly authorized
by the zone regulations governing that parcel of property."
SECTION 9.
That subsection .020 of Section 18.30.170 of Chapter 18.30 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 Actions Prior to Grading Permit. Prior to issuance of a grading permit for a planned
mixed use development, final plans shall be prepared and submitted to the Planning Department
as provided herein.
0201 Final plans shall include, but not be limited to, the following:
.01 Site plans;
.02 Preliminary landscape plans;
.03 Parking, pedestrian and vehicle circulation plans, including access to adjoining
public rights-of-way; and
.04 Such other plans and information as may be required at this time by the
Planning Director and/or the Planning Commission.
.0202 The Final Plans shall be prepared and submitted to the Planning Department, for
review and approval by the Planning Commission as a "Reports and Recommendations" item, in
accordance with its procedures, and containing the information set forth in the final plan review
C!
application, as adopted by resolution of the Planning Commission, and on file with the Planning
Department.
.0203 If the final plans are found to be in conformance with the provisions of this
chapter, they shall be approved. The Planning Commission's decision shall be final, unless
appealed to the City Council within ten (10) days from the date of such decision."
SECTION 10.
That subsection .030 of Section 18.30.170 of Chapter 18.30 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".030 Actions Prior to Building Permit. Prior to issuance of a building permit for a
planned mixed use development, final plans shall be prepared and submitted to the Planning
Department as provided herein.
0301 Final plans shall include, but not be limited to, the following:
.01 Site plans;
.02 Floor plans;
03 Elevations;
.04 Roof- and ground -mounted equipment plans;
05 Sign plans;
06 Landscape plans;
07 Fence and wall plans;
.08 Parking, pedestrian and vehicle circulation plans, including access to adjoining
public rights-of-way;
.09 Exterior lighting plans;
.10 Line -of -site drawings; and
.11 Such other plans and information as may be required by the Planning Director
and/or the Planning Commission.
.0302 The final plans shall be prepared and submitted to the Planning Department, for
review and approval by the Planning Commission as a "Reports and Recommendations" item, in
accordance with its procedures, and containing the information set forth in the final plan review
E
application, as adopted by resolution of the Planning Commission, and on file with the Planning
Department.
.0303 If the final plans are found to be in conformance with the provisions of this
chapter, they shall be approved. The Planning Commission's decision shall be final, unless
appealed to the City Council within ten (10) days from the date of such decision."
SECTION 11.
That subsection .070 of Section 18.30.170 of Chapter 18.30 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".070 Appeal of Planning Commission Action. An appeal shall be processed in the same
manner as appeals for decisions regarding reclassifications, conditional use permits and
variances, as set forth in Chapter 18.60 (Procedures), except that the appeal period shall be ten
(10) days."
SECTION 12.
That subsection .020 of Section 18.36.020 of Chapter 18.36 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 Inclusion of Specific Uses. In case of uncertainty, the Planning Director shall make
an interpretation whether a specific proposed use fits within an existing use class as either a
permitted or conditionally permitted use. If it does not, the use may be considered under
subsection 18.66.040.030 (Unlisted Uses Permitted). This chapter may be amended to include a
new use class within which the proposed use fits, and the provisions of the zone are amended to
include the new use class as permitted or conditionally permitted."
SECTION 13.
That subsection .040 of Section 18.38.240 of Chapter 18.38 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".040 Flags and Banners. All flags and banners that are visible to the public shall be
subject to this section and shall at all times be maintained in good and attractive condition and
removed prior to deterioration. Unless otherwise regulated by the following subsections, banners
shall not be displayed in a required setback area, in any landscape area or on any fence and must
be attached to and parallel with the face of the building for which the banner is intended and
secured at all four corners of the banner. The maximum area per banner shall be thirty-six (36)
square feet.
.0401 Grand Opening Banners. Grand opening banners for new businesses may be
allowed, subject to a special event permit. These banners may be displayed for the first thirty
(30) days in connection with a new structure or operation of a new business. Not more than one
(1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two
(2) on the property. A grand opening does not count toward the annual limit of special event
permits regulated by subsection 18.38.240.030.
.0402 Promotional Banners. Promotional banners advertising sales and promotions
may be allowed, subject to a special event permit.
.0403 Seasonal Banners. Seasonal pageantry banners with no advertising may be
allowed, subject to a special event permit, provided they are mounted on light poles within
shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred
thousand (200,000) square feet of business space. The banners shall be mounted in a vertical
alignment with an area no greater than six (6) square feet, with no more than one banner per
pole, except that two (2) banners may be on one pole if their total area is not greater than (6)
square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one
time, and no more than four (4) times per year. Banners may include decorative designs and or
the name of the commercial center, but shall not include the name of any individual business or
product.
.0404 Service -Bay Banners. Banners across service bays in auto repair facilities,
service stations, and similar uses require a special event permit if visible to the public right-of-
way. The maximum area per banner shall be twenty-four (24) square feet.
.0405 Public Construction Project Banners. A banner may be allowed, subject to a
special event permit, for a commercial retail business in any zone where the applicant for such
permit can demonstrate that a public road or utility construction project has had the effect of
blocking visibility to permanent signage identifying the business and/or vehicular access to said
business. Approval of the permit shall be subject to the following provisions:
.01 The permit shall be limited to one (1) banner, not to exceed thirty-six (36)
square feet in area;
.02 The banner shall advertise only the name of the business and, if the public
project has blocked vehicular access, directions for access to the business;
.03 The banner shall be removed upon removal of barriers blocking visibility
and/or vehicular access; and
.04 Only one (1) special event permit is required for the duration of the
construction project.
.0406 Flags or Banners in Residential Zones. The temporary display of flags and
banners in all residential zones may be allowed, subject to a special event permit, provided such
display shall be limited to advertising the sale of residential units in new subdivisions and the
initial rent or lease of apartment units. The display shall be subject to the following provisions.
.01 No more than two (2) flags shall be permitted for each model home or
apartment building in any new residential subdivision, new apartment or new condominium
11
project; provided, however, that not more than ten (10) total flags shall be permitted or
displayed for any such project or development. No flag shall exceed twelve (12) square feet in
area or six (6) feet in any one dimension.
.02 One banner per building elevation facing a public or private street, or parking
lot serving the development, shall be permitted for new apartment or new condominium projects.
The maximum area for a banner is 0.5 square feet per lineal foot of building frontage facing the
street or seventy-five (75) square feet per building elevation, whichever is less.
.03 All flags and banners shall be placed on ground -mounted poles not exceeding
twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest
portion of that building. Flags and banners shall not be placed on the roof.
.04 All permits issued pursuant to this subsection shall terminate six (6) months
after the date of issuance. A total of four (4) permits may be granted to advertise new for -sale
residential tracts and new condominium complexes; and a total of one (1) permit may be granted
to advertise new rental apartment complexes unless an extension thereof is granted by the
Planning Director upon a showing of special circumstances applicable to the project, as
authorized by Section 18.38.240 Special Event Permits). All flags and banners shall be removed
from the premises once all for -sale units have been sold, regardless of the time remaining on the
permit.
.0407 Banner in conjunction with a Tent. A single banner may be placed on a tent
authorized by a special event permit, provided such banner is not placed on top of the tent.
.0408 Banners in conjunction with a Business Name Change. Banners shall be
allowed by special event permit for the covering of a permanent sign with a banner in the event
of a business name or ownership change during the interim period when a new permanent sign
has not been installed. Such banners shall be permitted for a period of no longer than sixty (60)
days and shall not count towards the annual limit of special event permits regulated by
subsection 18.38.240.030."
SECTION 14.
That subsection .090 of Section 18.38.240 of Chapter 18.38 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".090 Special Circumstances Waiver. The Planning Director shall have the authority to
issue a special circumstances waiver to modify or waive any regulation contained in this section
with regard to any specific application if the Planning Director finds and determines such
modification or waiver would serve the public interest, safety or general welfare or that
extraordinary circumstances are present.
.0901 Fees. Petitions for a special circumstances waiver shall be accompanied by the
payment of a fee as set forth in Chapter 18.80 (Fees).
.0902 Time Period. The Planning Director shall render a decision on the petition for a
special circumstances waiver within fourteen (14) days following receipt by the Planning
Department of a complete application for review.
.0903 Notification. Upon rendering a decision with respect to a petition for a special
circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such
decision.
.0904 Decision. The decision of the Planning Director shall be final unless appealed
pursuant to the provisions of Chapter 18.60 (Procedures)."
SECTION 15.
That Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.42.050 LOCATION OF PARKING AND OFF-SITE PARKING
ARRANGEMENTS.
".010 Residential Uses. Required off-street parking spaces for all single-family residential
uses of property shall be located on the same lot as the dwelling unit or, for multiple -family
residential units or single-family dwellings, either attached or detached, in a condominium or
other common interest development, as defined in Section 1531 of the California Civil Code, the
required off-street parking shall be located on the same project site for which such parking is
required. The parking spaces and accessways shall at all times be maintained in a manner
capable of typical vehicular ingress and egress. All required enclosed parking spaces shall be
equipped with a functioning garage door.
.020 Non -Residential Uses—General. For non-residential uses, required off-street parking
spaces shall be located on the same lot as the main building for which such parking is required,
or on property immediately contiguous, adjacent to, or within close proximity to the lot, provided
the parking is located within reasonable walking distance as determined by the Planning Director
or his or her designee.
.030 Non -Residential Uses -Off -Site Parking Arrangements. Subject to the approval of an
Off -Site Parking Permit pursuant to the provisions of Section 18.42.120 of this Chapter, non-
residential uses may utilize shared parking facilities subject to the following requirements;
provided, however that the off-site parking will not adversely affect the adjoining land uses.
.0301 All property used for such off-site parking shall be under joint ownership, or
under agreement approved as to form by the City Attorney.
.0302 The property on which the parking is located has excess parking spaces
beyond the minimum number required by this Chapter or the uses which would share parking
have offsetting peak periods of parking demand.
we
.0303 The agreement shall be recorded in the Office of the County Recorder, and a
recorded copy filed with the Planning Department, prior to the issuance of any building permits
or establishment of the dependent use.
.0304 The agreement shall specify the number and location of the off-site parking
spaces, and shall assure that the spaces shall be accessible and available at all times for parking
in conjunction with the use for which the parking spaces are required.
.0305 Termination of the agreement without providing the required off-street
parking shall constitute a violation of this subsection."
SECTION 16.
That subsection .010 of Section 18.42.110 of Chapter 18.42 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".010 General. 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 Chapter 18.60 (Procedures) and Chapter
18.74 (Variances); provided, however, that any petition for a variance shall be accompanied by a
parking study prepared by an independent traffic engineer licensed by the State of California.
For variances which do not exceed ten percent (10%) of the requirements of this chapter or for
uses which require thirty (30) or fewer parking spaces or have off -setting peak periods of parking
demand, a study as approved by the Planning Services Manager of the Planning Department
and/or his or her designee, but need not be completed by an independent licensed traffic
engineer, shall be provided at petitioner's sole expense. Notwithstanding the requirements of
Chapter 18.74 (Variances), a variance shall be granted upon a finding by the Planning
Commission or City Council that the evidence presented shows that all of the following
conditions exist:
.0101 That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the proposed 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;
.0102 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;
.0103 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 subsection of Section 18.42.050.030 (Non -Residential
Uses -Off -Site Parking Arrangements);
10
.0104 That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use; and
.0105 That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use."
SECTION 17.
That new Section 18.42.120 be, and the same is hereby, added to Chapter 18.42 of Title
18 of the Anaheim Municipal Code as follows:
"18.42.120 OFF-SITE PARKING PERMITS.
This section sets forth the procedures for processing an application for Off -Site Parking
Permits when such a permit is allowed pursuant Section 18.42.050 (Location of Parking and Off -
Site Parking Arrangements).
.010 Application. An application, on a form approved by the Planning Director, for off-
site parking shall be filed with the Planning Department that includes a site plan, valid lease
agreement, documentation to support the availability of site sufficient parking in the form of a
study in a form acceptable to the Planning Director:
.020 Criteria. The criteria for approval of an off-site use parking permit are set forth in
Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements).
.030 Issuance or Denial of Permit. If the Planning Director determines that all provisions
of Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements) and the
provisions of this Section are, or will be, complied with, and all other necessary permits have or
will be obtained, a permit shall be issued; otherwise, the application shall be denied.
.040 Revocation of Permit. Detrimental circumstances or any violation of the provisions set
forth in Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements and Section
18.42.120 (Off -Site Parking Permits) may be considered cause to revoke a permit. Permits may
be revoked by the Planning Director due to detrimental circumstances that may include, but are
not limited to, the following:
.0401 Unforeseen increased demand and competition for parking spaces within shared
parking lots or upon the public streets in the immediate vicinity of the proposed use;
0402 Traffic congestion within the off-street parking areas or lots being shared; and
0403 Restricted vehicular access to the shared parking areas.
.050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).
11
.060 Decision. The decision of the Planning Director is final, unless appealed to the City
Council within ten (10) days after the date the decision is made."
SECTION 18.
That subsection .100 of Section 18.44.080 of Chapter 18.44 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".100 Modification of Design Standards. If the sign is not part of a project otherwise
subject to discretionary review by the Planning Commission, the Planning Director, without
public notice or hearing required, is authorized to approve design modifications to the standards
(excluding height and square footage requirements) in this section; provided physical constraints
on the subject property preclude strict adherence to the standards, and the modification maintains
the intent and effect of the standards. The Planning Director -decision on a modification shall be
considered final."
SECTION 19.
That subsection .040 of Section 18.52.140 of Chapter 18.52 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".040 Timeframe. An appeal of a density bonus application decision must be filed by the
applicant within ten (10) days from the date indicated on the written notification of the review
authority's action related to the density bonus application."
SECTION 20.
That Section 18.56.020 of Chapter. 18.56 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.56.020 NONCONFORMING LOTS.
"A legally established lot, as of record on the effective date of this chapter, that does not
conform to the current size, width, or depth requirements of the applicable zone may be used and
developed, except where a particular use has a specified minimum lot size that is larger than the
size of the subject lot. The lot shall be used and developed according to all other applicable
zoning regulations unless the Planning Director determines that the standards should be modified
because of the substandard size of the lot, pursuant to subsection 18.60.020.040 (Modifications
Related to Nonconformities) in Chapter 18.60 (Procedures)."
SECTION 21.
That subsection .030 of Section 18.56.030 of Chapter 18.56 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
12
".030 Modification of Use. A nonconforming use may be modified to a use deemed
similar in nature, but lesser or equal in intensity and impact, including required number of
parking spaces, as determined by the Planning Director. The Planning Director shall have
authority to approve or deny the modification, based on the findings set forth in subsection
18.62.040.050 (Findings). The decision of the Planning Director may be appealed pursuant to
subsection 18.60.140.010 (Appeal Authority)."
SECTION 22.
That subsection .060 of Section 18.56.040 of Chapter 18.56 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".060 Removal of Building. Except as provided in this section, if a nonconforming
structure is removed, subsequent structures shall conform to the provisions of this title.
.0601 Removal and Reconstruction of Structures Accessory to Historic Residences. If
a structure, accessory to a historic residence (as identified on a list maintained by the
Neighborhood Preservation Division of the Community Development Department) is removed,
replacement structures or portions thereof may be reconstructed in their original location, subject
to review and approval by the Planning Director. Approval shall be subject to the following
requirements:
.01 Verification that the accessory structure to be replaced was in existence a
minimum of forty (40) years prior to the request for reconstruction must be provided by the
submittal of one or more of the following documents:
(a) Sanborn map
(b) County Assessor documents
(c) Historical photographs of the accessory structure
(d) Other similar, pertinent historical records
.02 That the reconstruction shall be similar to or listed in Section 18.04.030 (Uses.
Single -Family Residential Zones), Table 4-B (Accessory Uses and Structures. Single -Family
Residential Zones) or in Section 18.04.100 (Structural Setbacks. Single -Family Residential
Zones), Table 44 (Permitted Encroachments for Accessory Uses/Structures: Single -Family
Residential Zones).
.03 The reconstruction must be located on the same property as the historic single-
family residence.
.04 The reconstruction will not add additional dwelling units.
13
.05 The reconstruction shall be subject to the approval of the Neighborhood
Preservation Division of the Community Development Department."
SECTION 23.
That Section 18.60.020 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, deleted in its entirety.
SECTION 24.
That Section 18.60.070 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
18.60.070 WITHDRAWAL OF APPLICATION.
"An application may be withdrawn by the party who filed the application, without prejudice,
prior to or at the public hearing, unless an appeal has been filed pursuant to Chapter 18.60
(Procedures). If the withdrawal is submitted after staff has completed work on the project, the
Department shall determine if any fees can be refunded. Any resubmittal of the application shall
be accompanied by the required application fee."
SECTION 25.
That Section 18.60.080 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.60.080 PLANNING DIRECTOR REVIEWS.
This section applies when the provisions of this title designate the Planning Director as the
approval authority for a land use decision.
.010 Referral to the Planning Commission. The Planning Director may refer any
application to the Planning Commission, when it is determined that the general public interest
warrants such referral. In such instances, the proceedings by the Planning Commission shall be
held in the manner required by this Chapter.
.020 Concurrent Decision -Making. When any application is made in conjunction with,
and as a part of, a project that requires Planning Commission action, the application shall be
made to the Planning Commission, to be processed in accordance with this chapter."
SECTION 26.
That Section 18.60.120 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
14
"18.60.120 NOTICE OF APPROVAL OR DENIAL.
Not later than ten (10) days after approval, conditional approval, or denial of a permit
application or an appeal, the Planning Department shall prepare and mail to the applicant and
property owner a formal written notice of the action. The notice shall contain a statement of
conditions applied to the permit, if applicable. The decision shall not become final until the
specified appeal period has elapsed without an appeal having been filed. Planning Department
staff will prepare a summary of the Planning Commission's actions and make the summary
available at the Planning Department, and on the City's website, within 24 hours of the
conclusion of the meeting."
SECTION 27.
That Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.60.130 APPEALS — PLANNING COMMISSION DECISIONS.
Appeals provide an opportunity for reconsideration of land use decisions of the Planning
Commission in a public hearing.
.010 Initiation of Appeal. An appeal may be filed by anyone dissatisfied with a
discretionary land use decision of the Planning Commission that is not in the form of a
recommendation to the City Council and that would otherwise be subject to review and approval
by the City Council as required by this Code. An appeal may also be initiated if the granting
authority requests review of its decision, or if two (2) or more members of the City Council
request review of a land use decision of the Planning Commission.
.020 Application. An application for appeal shall be made in writing and shall be filed with
the City Clerk during normal business hours. The application must clearly identify the
appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals
under this Section shall be filed with the City Clerk.
030 Timeframes.
.0301 Request for Review. A request for review may be initiated by a request made (i)
by the Planning Commission upon a motion duly adopted, or (ii) by two (2) or more members of
the City Council made orally or in writing to the City Clerk within ten (10) days subsequent to
the decision of the granting authority.
.0302 Appeals. An appeal must be filed within ten (10) days subsequent to the decision
of the Planning Commission.
.040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) provided, however, no
fees shall be payable in conjunction with a timely made request for review by the granting
authority or a timely made request for review by two or more members of the City Council.
15
.050 Notification and Hearing. An Appeal shall be subject to the same notification and
hearing requirements as the action being appealed, except that the date of the public hearing
before the City Council shall not exceed sixty (60) days following receipt of the written appeal or
a timely made request for review in accordance with the procedures set forth in subsection .030,
above.
.060 Revisions after Appeal. If revised plans are submitted following appeal of a decision,
the Planning Director may require these plans to be submitted to the Planning Commission for
review and recommendation prior to City Council consideration.
.070 Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the
appeal, provided that the withdrawal is submitted in writing to the City Clerk prior to or at the
public hearing. However, if more than one (1) party has filed an appeal, all of said parties must
withdraw their appeals; otherwise the City Council shall act upon the appeal. If a valid
withdrawal is submitted, the decision of the original approval authority shall stand as the final
decision at the end of the original appeal period. A timely request for review made by the
granting authority or by two or more members of the City Council shall not be withdrawn after
expiration of the time within which such request for review could be made."
SECTION 28.
That Section 18.60.135 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.60.135 APPEALS — PLANNING DIRECTOR DECISIONS.
Appeals provide an opportunity for reconsideration of land use decisions of the Planning
Director in a public hearing.
.010 Initiation of Appeal. An appeal may be filed by anyone dissatisfied with a
discretionary land use decision of the Planning Director. An appeal may also be initiated if the
Planning Director requests review of his or her decision.
.020 Application. An application for appeal shall be made in writing and shall be filed
with the Planning Department during normal business hours. The application must clearly
identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal.
All appeals under this Section shall be filed with the Planning Department.
030 Timeframes.
.0301 Request for Review. Any request for review initiated by the Planning Director
shall be made orally or in writing.
.0302 Appeals. An appeal must be filed within ten (10) days subsequent to the
decision of the Planning Director.
IR
.040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) provided, however, no
fees shall be payable in conjunction with a timely made request for review by the Planning
Director.
.050 Notification and Hearing. An appeal shall be subject to the same notification and
hearing requirements as the action being appealed.
.060 Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the
appeal, provided that the withdrawal is submitted in writing to the Planning Commission prior to
or at the public hearing. However, if more than one (1) party has filed an appeal, all of said
parties must withdraw their appeals; otherwise the Planning Commission shall act upon the
appeal. If a valid withdrawal is submitted, the decision of the original approval authority shall
stand as the final decision at the end of the original appeal period. A timely request for review
made by the Planning Director shall not be withdrawn after expiration of the time within which
such request for review could be made."
SECTION 29.
That subsection .010 of Section 18.60.140 of Chapter 18.60 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
11.010 Appeal Authority. Unless otherwise provided for in Title 18, decisions of the
Planning Commission may be appealed to the City Council, and decisions of the Planning
Director may be appealed to the Planning Commission."
q'PCTT(lN '40
That Section 18.60.150 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.60.150 SCOPE OF REVIEW.
.010 Regardless of the basis for appeal, the appeal authority shall consider the entire scope
of the project application under consideration, including the proceedings and conclusions of the
original decision-making process. All plans, records, files and other documents concerning the
application, that constitute the record in the action being appealed, shall be transmitted to the
appeal authority by the appropriate approval authority.
.020 When multiple discretionary land use applications are submitted for concurrent
Planning Commission review and approval, and one or more of such applications requires City
Council review and approval, all such applications shall be subject to full review and approval by
the City Council as the granting authority."
17
SECTION 31.
That subsection .020 of Section 18.60.170 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
".020 Required Findings. Before granting any request for an extension of time to comply
with conditions of approval, the approval authority shall make a finding of fact, by motion, that
all of the following findings exist. In the case of the Planning Director, the findings of fact shall
be made by written notification.
.0201 The extension of time will not extend the approval beyond two (2) extensions,
with each extension not to exceed one (1) year, or any greater or lesser time increment specified
in the original resolution, or written decision if approved by the Planning Director.
.0202 The approved project remains consistent with the General Plan and the zone
district designation for the property.
.0203 Either no code amendments have occurred that would cause the approval to be
inconsistent with this title, or the petitioner has: (i) submitted revised plans demonstrating that
the approved project can be modified to bring it into conformance with such code amendments;
and (ii) agreed to modify the project to conform to such code amendments.
.0204 The subject property is being maintained in a safe, clean and aesthetically
pleasing condition, with no unremediated code violations on the property, as confirmed by an
inspection of the subject property by the Community Preservation Division. Cost of inspection
is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code —
Community Preservation Officer — Inspection and Reinspections - Fees) of the Anaheim
Municipal Code, and shall be paid by the applicant prior to consideration of the extension
application by the approval authority.
.0205 No additional information or changed circumstances are present which
contradict the facts necessary to support one or more of the required findings for the original
approval of the project."
SECTION 32.
That subsection .010 of Section 18.60.180 of Chapter 18.60 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".010 Processing. Permit reinstatement or renewal requests shall be processed in the same
manner as the original application, and the Planning Commission shall be the approval authority
for Planning Commission or City Council decisions, and the Planning Director shall be the
approval authority for Planning Director or prior Zoning Administrator decisions."
SECTION 33.
That subsection .020 of Section 18.60.190 of Chapter 18.60 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 Minor Amendments. Minor amendments require Planning Commission or Planning
Director consideration to determine whether the amendment is in substantial conformance with
the use and/or the plans that were originally approved. Such review authority may approve in
whole or in part, conditionally approve, or deny the amendment. Minor amendments do not
require a public hearing, unless the review authority determines, at its discretion, that a public
hearing is appropriate.
.0201 The original approval of the permit occurred less than ten (10) years prior to the
request for amendment;
.0202 The underlying zoning and the General Plan land use designation for the area in
which the amendment is proposed have not changed significantly since the permit was originally
approved;
0203 No new waivers of code requirements are needed;
.0204 The conditions of approval are not proposed to be substituted or amended,
except the substitution or modification to the conditions of approval of a permit previously
approved when a written finding is made that the substitute or amended conditions are equivalent
or more effective.
0205 No substantive changes to the approved site plan are proposed;
0206 The nature of the approved use is not significantly changed;
.0207 The approved use is not intensified; and
.0208 No new or substantially greater environmental impacts would result."
SRC'TION 34.
That Section 18.60.200 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.60.200 REVOCATION OR MODIFICATION OF PERMITS.
Modifications of discretionary land use permits may be initiated by the property or business
owner. The Planning Director may initiate revocation of a permit and schedule a hearing before
the Planning Commission and/or City Council for consideration of revocation of any
discretionary land use permit that has been granted pursuant to this Title. On its own motion or
at the direction of the City Council, the Planning Commission may hold a hearing to revoke any
19
discretionary land use permit that has been granted pursuant to this zoning ordinance. The
applicant shall be provided with at least fourteen (14) day's notice of the hearing.
.010 Findings. The Planning Commission may revoke or modify any active land use
permit on the basis of evidence and testimony submitted at the hearing, if it finds any of the
following:
0101 That the approval was obtained by fraud; or
.0102 That the use or variance for which such approval is granted is not being
exercised within the time specified in such permit; or
.0103 That the use or variance for which such approval was granted has ceased to exist
or has been suspended or inoperative for any reason for a period of six (6) consecutive months or
more; or
.0104 That the permit granted is being, or recently has been, exercised contrary to the
terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
or
.0105 That the use or variance for which the approval was granted has been so
exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; or
.0106 That the use or variance for which the approval was granted has not been
exercised and that, based upon additional information or due to changed circumstances, the facts
necessary to support one or more of the required findings for the original approval of such
entitlement, as set forth in this chapter, no longer exist; or
.0107 That any such modification, including the imposition of any additional
conditions, is reasonably necessary to protect the public peace, health, safety or general welfare,
or necessary to permit reasonable operation under the permit as granted.
.020 Conditions. If the Planning Commission makes one or more of the above findings, it
may change conditions or add new conditions as necessary to correct problems or violations
relating to the use. The Planning Commission may also modify conditions or add new
conditions to preserve the integrity and character of the zoning district, or to secure the general
purposes of the zoning ordinance and the General Plan.
.030 Notification. Upon the revocation, modification or reaffirmation of any land use
permit, the Planning Department shall prepare and mail to the permittee and the property owner a
formal written notice of the Planning Commission's action. If the permit is revoked, the notice
shall contain a statement directing the permittee and property owner to immediately cease the
formerly authorized use, and shall further inform them that failure to cease the use shall be
subject to enforcement and penalties as set forth in Section 1.01.389."
20
SECTION 35.
That Section 18.62.020 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.62.020 APPLICABILITY.
An administrative approval is required for the following activities:
010 Administrative adjustments - see Section 18.62.040;
020 Special event permits - see Section 18.38.240;
.030 Large family day care homes - see Section 18.62.060; and
.040 Telecommunications antenna review permits - see Section 18.62.070."
SECTION 36.
That subsection 18.62.030 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, revised and amended as follows:
"18.62.030 APPROVAL AUTHORITY.
.010 Planning Director. The approval authority for an administrative adjustment, a special
event permit, a large family day care home and a telecommunications antenna review permit is
the Planning Director."
SECTION 37.
That Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, revised and amended as follows:
"18.62.040 ADMINISTRATIVE ADJUSTMENTS.
.010 Review Authority. Administrative adjustments are waivers of certain development
standards as specified herein. The Planning Director, subject to the limitations of this section,
may 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 as a variance in accordance with the procedures in Chapter 18.74 (Variances).
.020 Types of Adjustments. Administrative adjustments may be approved or conditionally
approved by the Planning Director in the following matters:
21
.0201 Dimensional requirements for front setbacks: up to twenty percent (20%) may be
approved by the Planning Director.
.0202 All other dimensional or percentage limitations or requirements of this Title,
except fences, walls, hedges and berms: a maximum deviation of ten percent (10%). A deviation
of 10% or less from the requirements for parking may be processed subject to Section 18.42.050
(Location of Parking and Off -Site Parking Arrangements) and Section 18.42.120 (Off -Site
Parking Permits).
.0203 Maximum height requirements for fences, walls, hedges and berms in any
required structural setback or yard in any non-residential zone separating any non-residential
from an adjacent residential zone where the additional height is required to minimize negative
impacts to the residential use.
.0204 Reconstruction of structures accessory to historic residences in conformance
with subsection 18.56.040.060;
0205 Garage location and access requirements;
.0206 Parking requirements subject to the provision of Section 18.42.110 (Parking
Variances) and Section 18.42.050 (Location of Parking and Off -Site Parking Arrangements) of
Chapter 18.42 (Parking and Loading).
.030 Procedures. A letter requesting an adjustment shall be submitted to the Planning
Department along with a site plan; and, any other information as deemed necessary by the
Planning Director.
.040 Fees. Applications for an administrative adjustment shall be accompanied by the
payment of a fee per Chapter 18.80 (Fees).
.050 Findings. The Planning Director shall make the following findings in order to
approve an administrative adjustment:
.0501 The adjustment is consistent with the purposes and intent of the Zoning Code;
.0502 The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment;
.0503 The adjustment will not produce a result that is out of character or detrimental to
the neighborhood.
.060 Conditions. The Planning Director may attach conditions necessary to protect the
public health, welfare and safety.
22
.070 Decision. The decision of the Planning Director on an administrative adjustment
becomes final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures)."
SECTION 38.
That Section 18.62.045 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, deleted in entirety.
SECTION 39.
That subsection .060 of Section 18.62.070 of Chapter 18.62 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".060 Decision. The decision of the Planning Director is final, unless appealed to the
Planning Commission within ten (10) days after the date the decision is made."
SECTION 40.
That subsection .020 of Section 18.64.040 of Chapter 18.64 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 The approval of the area development plan does not include any variance or any
action for waiver of any specific provisions of the Zoning Code; provided, however, that the
ability of the Planning Commission or City Council to grant subsequent variances shall not be
affected."
cF( TrnN d1
That subsection .010 of Section 18.66.040 of Chapter 18.66 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
11.010 Planning Commission. The Planning Commission is the approval authority for
conditional use permits."
SECTION 42.
That paragraph .0301 of subsection .030 of Section 18.66.040 of Chapter 18.66 of Title
18 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
".030 Unlisted Uses Permitted. The City Council has determined that, because it is
impossible to anticipate all potential future uses, the following provisions are enacted.
.0301 If a use is not authorized or mentioned in any zone throughout the City, and the
Planning Director has determined that the use does not fit into an existing use class as provided
in subsection .020 (Inclusion of Specific Uses) of Section 18.3 6.020 (Classification of Uses), the
23
use or type of development may be authorized by conditional use permit until such time as this
Code is amended.
.0302 If a use not expressly authorized or permitted in a particular zone (but which is
authorized in another zone) which the Planning Director finds to be similar to, and compatible
with, the uses permitted or conditionally permitted in the particular zone, it shall be deemed a use
which may be conditionally permitted in the particular zone."
SECTION 43.
That subsection .040 of Section 18.68.050 of Chapter 18.74 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".040 Recommendation of Approval. A resolution with the recommendation for approval
shall be filed with the City Council, within ten (10) days after the decision of the Planning
Commission; provided the time limit may be extended, upon the mutual agreement of the
applicant and the City. Failure of the Planning Commission to report within ten (10) days,
without the agreement described above in this section, shall be deemed to be a recommendation
of approval of the proposed amendment by the Planning Commission to the City Council."
SECTION 44.
That subsection .010 of Section 18.68.060 of Chapter 18.74 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".010 Public Hearing. Upon receipt of the report from the Planning Commission, or upon
the expiration of the ten (10) day period referred to in Section 18.68.050, the City Clerk shall set
the matter for public hearing, and shall give notice thereof as provided in Section 18.68.050. The
City Council may adopt, modify or reject all or part of the recommended amendment."
SECTION 45.
That subsection .020 of Section 18.74.040 of Chapter 18.74 of Title 18 of the Anaheim
Municipal Code be, deleted in entirety.
SFCTION 46.
That paragraph .0205 of subsection.020 of Section 18.114.130 of Chapter 18.114 of Title
18 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
".0205 Variances From Sign Requirements. No person shall install or maintain any
sign in the Specific Plan area except as permitted herein; provided, however, that any
requirements or restrictions may be waived in whole or in part upon such conditions as may be
imposed by the Planning Commission or the City Council by a zone variance processed and
approved in accordance with all procedures, requirements and restrictions established for
24
variances pursuant to Chapters 18.60 (Procedures). and 18.66 (Conditional Use Permits) and
18.74 (Variances)."
SECTION 47.
That paragraph .0205 of subsection .020 of Section 18.116.160 of Chapter18.116 of Title
18 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
".0205 Variances From Sign Requirements. No person shall install or maintain any
sign in this zone, except as permitted herein; provided, however, that any requirements or
restrictions may be waived, in whole or in part, upon such conditions as may be imposed by the
Planning Commission or the City Council, by a zone variance processed and approved in
accordance with all procedures, requirements and restrictions established for variances pursuant
to Chapter 18.60 (Procedures) of the Anaheim Municipal Code."
SECTION 48.
That subsection .020 of Section 18.118.040 of Chapter 18.118 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".020 Final Site Plan Approval. Final site plans (as described in this section, and
hereinafter collectively referred to as the "final site plans") shall be processed in the following
ways:
.0201 Process for Approval.
.O1 Planning Commission Review and Approval. Final site plans for permitted
primary and accessory uses and structures within the Specific Plan Area shall be submitted to the
Planning Department, for Planning Commission review as a Report and Recommendation item,
to determine if said plans are in substantial conformance with the Specific Plan and the
provisions of this chapter. The Planning Commission's decision shall be final, unless appealed to
the City Council within ten (10) days from the date of the Commission's decision."
SECTION 49.
That subsection .030 of Section 18.118.040 of Chapter 18.118 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".030 Site Plan Consistency.
.0301 Final Site Plan Conformance. Following approval of a final site plan, if any
changes are proposed regarding the size, location or alteration of any use or structures shown on
an approved final site plan, a revised final site plan may be submitted to the Planning Director.
If the Planning Director determines that the proposed revision is in substantial conformance with
the provisions of the Specific Plan, and the general intent of the final site plan previously
approved by the Planning Commission, the revised final site plan may be approved by the
25
Planning Director without submittal to the Planning Commission. The decision of the Planning
Director shall be final, unless appealed to the Planning Commission, as a Report and
Recommendation item, within ten (10) days from the date of such decision. Notwithstanding the
foregoing, the Planning Director may have the discretion to refer consideration of the revised
final site plan to the Planning Commission as a Report and Recommendation item. If the
Planning Commission determines that the proposed revision is in substantial conformance with
the provisions of the Specific Plan and the general intent of the approved final site plan, the
revised final site plan may be approved by the Planning Commission. The decision of the
Planning Commission shall be final, unless appealed to the City Council within ten (10) days
from the date of such decision."
SECTION 50.
That subsection .040 of Section18.118.140 of Chapter 18.118 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".040 Variances From Sign Requirements. No person shall install or maintain any sign in
this zone, except as permitted herein; provided, however, that any requirements or restrictions
may be waived, in whole or in part, upon such conditions as may be imposed by the Planning
Commission or the City Council, by a zone variance processed and approved in accordance with
all procedures, requirements and restrictions established for variances pursuant to Chapter 18.60
(Procedures) and 18.74 (Variances)."
SECTION 51.
That subsection .010 of Section 18.120.040 of Chapter 18.120 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, revised and amended as follows:
".010 Specific Plan Amendments and Adjustments.
.0101 Specific Plan Amendments. Specific Plan amendments, including modification
of development area boundaries or creation of new development areas, shall be processed in
accordance with the provisions of Chapters 18.76 (Zoning Amendments) and 18.72 (Specific
Plans).
.0102 Specific Plan Adjustments. Modification to zoning and development standards
in one or more development areas (including provisions pertaining to land uses) shall be
processed as Specific Plan adjustments in accordance with the provisions of this paragraph. The
proposed Specific Plan adjustment shall be submitted as a Report and Recommendation item to
the Planning Commission. Any action by the Planning Commission favoring the adoption of a
Specific Plan adjustment shall be in the form of a recommendation to the City Council, which
recommendation shall be acted upon by the City Council in accordance with the procedures for
amendments of the Anaheim Municipal Code as set forth in Chapter 1.01 (Code Adoption and
Construction). Any action by the Planning Commission disapproving a Specific Plan adjustment
shall be final and effective ten (10) days following the action thereon, unless, within such ten
(10) day period, an appeal in writing is filed with the City Council by any person, or unless a
26
request to review said decision is made by two (2) or more members of the City Council. The
appeal process shall be as provided in Chapter 18.60 (Procedures) or successor provisions
thereto.
The Planning Commission may refer any Specific Plan adjustment for processing as a
Specific Plan amendment, in accordance with the provisions of Chapters 18.76 (Zoning
Amendments) and 18.72 (Specific Plans), when the Planning Commission determines that the
general public interest warrants such processing."
SECTION 52. 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 here from of any such portion as may be declared
invalid.
SECTION 53. 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 54. 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 therefore as provided for in this ordinance.
27
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 1 st day of September , 2009, and thereafter
passed and adopted at a regular meeting of said City Council held on the 22nd day of
September , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OFA EIM )0e
By:
MAYOR OF THE CIP6bF ANAHEIM
ATTEST:
" pt�
CITY CLERK OF THE CITY OU ANAHEIM
73366.v4/MGordon
SEP -25-2009 14:02
Oo
mPD
Opmpt� ppt� O Oppo�
O O O
p�y O O
a o p 4 O
no
to
OCR
m'
m
au w
m
m.
.
m m
m w
m
m
-qa
a
FS
OI
N d
N
,'m
N
N N
Owl
(m�
O
O O
A
C�
p�p
m
a
OT
O p
N T
p O
W
0
o
O
8
O o
o
O p
o
O
o
O 9
O
Q
O
o
o S
O
(O� NON
O
O
O
O p
O
p
O
G
�
Q
w
Ru
� 3
aN N
3
N l0
2
0
sn �'
ZS3
3�w
Q�O
Dfj
@c4
E
n
w�1
oa=C
w,3
m m
D
0
�7
m �w
sa
(Da-
a�
�m
�cb
o
00
na
a8
m�
Hn3
w
.D
=3
N �
n
�m
<m
Xfl
�.T
am
f.a
= a'
�s
m^
n�
7�
N
�O
TiG
nw
om
off
S^
of
ag
.q
ag
rn�
N3
c
3
cm
a
cc
Sa
s�
�3
no'
�y
N
Tw
a�
7147963692
P.01
T
I—)
SEP -25-2009 14:03 OCR 7147963692 P.02
m A W A N N N N N O O O O O O O O
0 0 0 0 0 0 o a o o o 0 0 0 `n
0 0 0 0 0 0 o
SEP -25-2009 14:03 OCR 7147 9 P.03
TTL P.03