5903ORDINANCE NO. 5903
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTION .030 TO SECTIONS 18.26.020 AND 18.27.020
OF CHAPTERS 18.26 AND 18.27, RESPECTIVELY, OF TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
THE "5 -POINTS NEIGHBORHOOD."
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .030 be, and the same is hereby, added to Section 18.26.020 of
Chapter 18.26 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the foregoing, the reconstruction of any
legally -established multiple -family dwelling located within the Anaheim Colony
Historic District (bounded by North, South, East and West Streets) or the "5 -
Points Neighborhood" (bounded by Lincoln Avenue, West Street, Broadway and
the I-5/Santa Ana Freeway and Cherry Street) that is damaged or destroyed by
earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God,
or of a public enemy shall be permitted provided that: (i) the dwelling is made
non -conforming by the adoption of an ordinance for reclassification to a less
intense zone on or after August 26, 2003, (ii) the dwelling is constructed in
conformance with development standards in the Zoning Code in effect on August
26, 2003, which were applicable to the property prior to reclassification to a less
intense zone; (iii) the number of units shall not exceed the number of legally
established units which existed on the effective date of said reclassification, (iv)
reconstruction is in conformance with all applicable building codes and
regulations, other than development standards as set forth above, in effect at the
time of reconstruction, and (v) a complete application for a building permit to
authorize reconstruction is filed with the Building Division within two years of
the date of the event that caused the damage or destruction."
SECTION 2.
That subsection .030 be, and the same is hereby, added to Section 18.27.020 of
Chapter 18.27 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the foregoing, the reconstruction of any
legally -established multiple -family dwelling located within the Anaheim Colony
Historic District (bounded by North, South, East and West Streets) or the "5 -
Points Neighborhood" (bounded by Lincoln Avenue, West Street, Broadway and
the I-51 Santa Ana Freeway and Cherry Street) that is damaged or destroyed by
earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God,
or of a public enemy shall be permitted provided that: (i) the dwelling is made
non -conforming by the adoption of an ordinance for reclassification to a less
intense zone on or after August 26, 2003, (ii) the dwelling is constructed in
conformance with development standards in the Zoning Code in effect on August
26, 2003, which were applicable to the property prior to reclassification to a less
intense zone; (iii) the number of units shall not exceed the number of legally
established units which existed on the effective date of said reclassification, (iv)
reconstruction is in conformance with all applicable building codes and
regulations, other than development standards as set forth above, in effect at the
time of reconstruction, and (v) a complete application for a building permit to
authorize reconstruction is filed with the Building Division within two years of
the date of the event that caused the damage or destruction."
SECTION 3. 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 4. 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 5. 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 therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE
of the City of Anaheim this 24 ksay of Feb , 2004
ATTES
cArY CLET& OF tHE CITY OF ANAHEIM
52224.2\SMANN/January 29, 2003
is approved and adopted by the City Council
ewjo —A
MAYOR OF THE Cj;0rOINANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5903 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of February, 2004, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 24th day of February, 2004, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CL K OF fHE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
SS.
County of Orange )
1 ant a citizen of the United States and a resident
f th ✓ County aloresaid; I am over the age of
elghte.en years, and not a party tc or interested in
t,)e Above -entitled matter. 1 am thr principal
, lerk of the Anaheim Bulletin" a newspaper that
I -as Keen adjudged to be a newspaper ofgeneral
irculation by the Superior Court of the County
1.Oange, State of California, on December 28,
951 - Case No A-21021 in and for the Cite of-
int+nein). County of Orange- State of California;
iilat the notice, .Tf vhich the annexed is a true
I rirted copy, has been published In each regular
nit entire issue .if said newspaper and not in any
yup:Ilement the fnllovatrtg dates, Ic}
� it
March 4, 2004
I t r-rtifv (or declare) under the penalty of
1,ertury under the kivvs of the Statc of California
Aat the foregoing i� true and correct".
f xeruted at Santa :Ana. Orange (ounty,
r, ahtornia- on
i )at,, March 4, _ 00-4
i
�ianature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
ORDINANCE NO. 5903
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .030
TO SECTIONS 18.26.020 AND 16.27.020 OF CHAPTERS 18.26 AND 18.27,
RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO THE "5 -POINTS NEIGHBORHOOD."
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS
SECTION 1.
That subsection .030 be, and the same is hereby, added to Section 18.26.020 of Chapter
18.26 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the foregoing, the reconstruction of any legally -established
multiple -family dwelling located within the Anaheim Colony Historic District (bounded by
North, South, East and West Streets) or the "5- Points Neighborhood" (bounded by Lincoln
Avenue, West Street, Broadway and the 1-5/Santa Ana Freeway and Cherry Street) that is
damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casual-
ty or act of God, or of a public enemy shall be permitted provided that: (i) the dwelling is
made nonconforming by the adoption of an ordinance for reclassification to a less intense
zone on or after August 26, 2003, (u) the dwelling is constructed in conformance with devel-
opment standards to the Zoning Code in effect on August 26, 2003, which were applicable
to the property prior to reclassification to a less intense zone; (iii) the number of units shall
not exceed the number of legally established units which existed on the effective date of
said reclassification, (iv reconstruction is in conformance with all applicable building co-
des and regulations, other than development standards as set forth above; in effect at the
time of reconstruction, and (v) a complete application for a building permit to authorize re-
construction is filed with the Building Division within two years of the date of the event that
caused the damage or destruction."
SECTION 2.
That subsection .030 be, and the same is hereby, added to Section 18.27.020 of Chapter
18.27 of Title 18 of the Anaheim Municipal Code to read as follows:
".030 Notwithstanding the .foregoing, the reconstruction of any legally -established
multiple -fatuity, dwelling located within the Anaheim Colony Historic District (bounded by
North, South, East and West Streets) or the "5- Points Neighborhood" (bounded by Lincoln
Avenue, West Street, Broadway and the 1-5/ Santa Ana Freeway and Cherry Street) that is
damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casual-
ty or act of God, or of a public enemy shall be permitted provided that: (i) the dwelling is
made non -conforming by the adoption of an ordinance for reclassification to a less intense
zone on or after August 26, 2003, (ii) the dwelling is constructed in conformance with devel-
opment standards in the Zoning Code in effect on August 26, 2003, which were applicable
to the property prior to reclassification to a less intense zone; (iii) the number of units shall
not exceed the number of legally established units which existed on the effective date of
said reclassification, (iv) reconstruction is in conformance with all applicable building co-
des and regulations, other than development standards as set forth above, in effect at the
time of reconstruction, and (v� a complete application for a building permit to authorize re-
construction is filed with the uilding Division within two years of the date of the event that
caused the damage or destruction."
SECTION 3. SEVERABILITY
I The City Council of the City of Anaheim hereby declares that should any section, para-
', graph, 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 4. 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 li-
cense 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 previ-
ously adopted by the City relating to the same subject matter, shall be construed as re-
statements and continuations, and not as new enactments.
SECTION S. 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, vm or corporation vio-
lating 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 corpora-
tion 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 permit-
ted 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, 2004.
Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Sheryll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the fore -
1 going Ordinance No. 5901 was introduced at a regular meeting of the City Council of the
City of Anaheim, held on the 10th day of February, 2004 and that the same was duly
passed and adopted at a regular meeting of said City Council held on the 24th day of Feb-
ruary, 2004, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken.. Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
Publish. Anaheim Bulletin
March 4, 2004
'25-267 6093388 _