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4711ORDINANCE NO. 4711 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA PROHIBITING ANY USES OF CERTAIN DESCRIBED PROPERTY WHICH USES ARE IN CONFLICT WITH THE ZONING PROPOSAL THE CITY IS CONSIDERING FOR SUCH PROPERTY AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. WHEREAS, the City of Anaheim has heretofore adopted a general plan for the City; and WHEREAS, those certain properties shown in red on that certain map on file in the Zoning Division of the Community Development and Planning Department of the City of Anaheim entitled "Commercial Recreation Area - Urgency C-R Ordinance" (hereinafter "Properties") are located in that certain area of the City known as the Commercial Recreation Area; and WHEREAS, said Properties are currently under a resolution of intent to be rezoned to the Commercial -Recreation ("C-R") Zone which zone would be consistent with the general plan of the City; and WHEREAS, said Properties are currently in a zone or zones not consistent with the general plan of the City; and WHEREAS, the City Council is considering the reclassification of said properties to the C-R Zone; and WHEREAS, an application for a building permit has been filed for a use which in inconsistent with the City General Plan and detrimental to and incompatible with surrounding existing and planned land uses in the Commercial Recreation Area; and WHEREAS, this ordinance is necessary to prevent issuance of any permits for uses inconsistent with the General Plan in such area; and WHEREAS, the City Council desires to prohibit any use of said properties which may be in conflict with the C-R Zone during the interim period prior to consideration of zoning reclassification of the properties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That no use shall be permitted on any of said Properties during the period this ordinance is in effect except for any use which is either (i) an expressly permitted use within the C-R Zone, or (ii) a conditionally permitted use within the C-R Zone (including any use permitted in such zone pursuant to Section 18.03.030 of the Anaheim Municipal Code) and for which a conditional use permit has been approved by the City, or (iii) a nonconforming use legally existing on the effective date of this ordinance. SECTION 2. That no building permit, certificate of occupancy, or any other entitlement for use shall be issued for any building or use upon said Properties which building or use does not conform with Section 1 of this ordinance. SECTION 3. That the City Council finds that there is a current and immediate threat to the public health, safety or welfare, and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance, except as permitted in Section 1 hereof, would result in a threat to public health, safety or welfare. SECTION 4. That this ordinance shall take effect immediately as an urgency measure and shall remain in effect for a period of 45 days from its date of adoption unless extended in accordance with the provisions of Section 65858 of the Government Code. SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim tlkts 6th day of 1986. ITAYOR OF THE CI OF -"ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW :MES : f m 5133M/050186 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4711 was introduced and adopted at a regular meeting of the City Council of the City of Anaheim held on the 6th day of May, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Pickler NOES: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4711 on the 6th day of May, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of May, 1986. LEONORA N. SOHL, CITY CLERK (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4711 and was published once in the Anaheim Bulletin on the 16th day of May, 1986. ;7(e LEONORA N. SOHL, CITY CLLRK