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5947ORDINANCE NO. 5947 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.60.130 OF CHAPTER 18.60 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO APPEALS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .030 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Timeframes. .0301 Requests for Review. Any request for review initiated by the granting authority, or by two or more members of the City Council, shall be made by motion duly adopted by the granting authority, or orally or in writing to the City Clerk by two or more members of the City Council, within the following time periods subsequent to the decision of the granting authority. .01 Seven (7) days after the decision on a tentative parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Twelve (12) days after the decision of the Zoning Administrator on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above; and .03 Eighteen (18) days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above. .0302 Appeals. An appeal must be filed within the following time periods subsequent to the decision of the granting authority. .01 Ten (10) days after the decision on a tentative parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Fifteen (15) days after the decision of the Zoning Administrator on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above; and .03 Twenty-two days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above." SECTION 2. That subsection .040 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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." SECTION 3. That subsection .070 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Withdrawal of Appeal. Prior to the City Council public hearing, an appeal may be withdrawn by the party who filed the appeal provided the withdrawal is submitted in writing to the City Clerk prior to or at the public hearing. However, if more than one 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 4. SEVERABILITY The City Council of the City of Anaheim 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 this 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 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the 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. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 19thday of October , 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 26t1day of October , 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken NOES: None ABSENT: Council Member Tait ABSTAIN: None CITY O AHEIM By MAYOR OF TH41TFF ANAHEIM ATTEST: CITY C ERK F THE CITY OF ANAHEIM 55809.2 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951_ Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: November 4, 2004 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Executed at Santa Ana, Orange County. California, on Date: November 4, 2004 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDINANCE NO. 5947 Proof of Pub OF THE CITY OF ANAH . ENDING A MAP REFERRED TO IN TI OFTHE ht MUNRECLASSIFIICCATIOONN NO. 20o4 WI%.ONI H THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following. a duly noticed public hearing hell on July 26, 2004, pursuant to the proviabrq oT $ectlon 16. 76.010 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution N4, 2004- 76 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made; and WHEREAS, the owner of property localltd at 2040 South Hester Street, more pparticu y described belQW, has requested that the Cityfinalize reclassification of the subI'�ectt property from the T (Tansitional) Zone to the RM 4 (t�Aultiple Family Residential) Zone of the City of Anaheim (Reclassification No. 2004 00125); and WHEREAS, certain conditions and requirementswere made as conditions precedent to the making of a chin a or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Mono" 1. That the Zoning Map referred to in Title 18 of the Ana- heim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject properties situat- ed in the County of Orange, State of California, described as follows, to wit: A PORTION OF THE NORTHWEST QUARTER OF SEC- TION 26, TOWNSHIP 4, RANGE 10 MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 175 FEET OF THE NORTHERLY 100 FEET OF THE SOUTHWEST QUARTER OF THE NORTH- WEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE(S)10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. into the RM -4 (Multiple -Family Residential) Zone of the City of Anaheim. MOTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above-described properties shall be ex- cluded from the zone in which it is now situated and incorpo- rated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added io a Zon- ng Map showing the changes hereby approved and adopted. MOTION 9. CERTIFICATION The City Clerk shall certify to the passage of this ordi- nance and shall cause the same to be printed once within frf- teen (15) days after its adoption In the Anaheim Bulletin, a newspapper of general circulation, published and circulated in said City, and thirty (30) days from and after its final pas- sage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was Introduced at a regular meeting of the City Council of the City of Anaheim held on the 19th day of October, 2004, and thereafter passed and adopted at aregular meeting of said City Coun- cil held on the 26th day of October, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken NOES: None ABSENT: Council Member Tait ABSTAIN: None CITY OF ANAHEIM By Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: Sheryl) Schfoeder, ' ' ' ' ` ' ` ` CITY CLERK -OF TFtE 1;rty OF ANAHEIM Publish: Anaheim Bulletin November 4, 2004 25-1084 6426246