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5628ORDINANCE NO. 5628 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .030 OF SECTION 18.03.090 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO EXTENSIONS OF TIME LIMITS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .030 of 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: "030 An extension of time to the time limits specified in subsections .010 and/or .020 above shall have been granted by the Zoning Administrator, Planning Commission or City Council. A letter requesting an extension of time shall be filed with the Zoning Division of the Planning Department no later than one hundred -eighty (180) days following the expiration of the approval or 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 request for any such time extension. .0301 Before granting any request for an extension of time, the Zoning Administrator, Planning Commission or City Council must make a finding of fact, by motion, or in the case of the Zoning Administrator, by written decision of the Zoning Administrator, that the evidence presented shows that all of the following conditions exist: .01 The grant of the extension of time will not extend the approval beyond two (2) extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment. .02 The approval remains consistent with the General Plan and the zone district designation for the property. .03 Either no Code amendments have occurred that would cause the approval to be inconsistent with the Zoning Code, 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. .04 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 Code Enforcement Division. Cost of inspection is established pursuant to Section 1.01.389.030 of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the time extension by the determining body. .05 No additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project or enterprise. .0302 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. .0303 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 - 2 - recourse shall be had to new and separate proceedings as in the first instance. .0304 Notwithstanding the foregoing, if a reclassification, conditional use permit, administrative use permit, variance or administrative adjustment approved prior to September 1, 1997 has exceeded the limitations on time extensions established by subsection 18.03.090.0301, the applicant shall be eligible for one additional extension of time, provided that (i) the application for said time extension must be filed prior to September 1, 1998, (ii) the extension shall not exceed one year, or any greater or lesser time increment specified in the original resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment, and (iii) the grant of such extension shall be subject to the findings of subsection 18.03.090.0301. SECTION 2. 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 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding - 3 - One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 24th day of February 1998. MAY OF THE TY OF AHEIM ATTEST:�-� CITY CLERK OF THE CI OF ANAHEIM 0025349.01\122497\smann - 4 - 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. 5628 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 10th day of February, 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 24th day of February, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5628 on the 24th day of February, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of February, 1998. 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. 5628 and was published once in the North County News on the 5th day of March, 1998. CITY CLERK OF THE CITY OF ANAHEIM