4763FOLLOWS:
(ORDINANCE NOT ADOPTED -
WITHDRAWN AT COUNCIL MTG. OF
ORDINANCE NO. 4763 9/30/86)
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE DEFINITION OF "BASEMENT" AS SET FORTH IN
SECTION 18.01.030 OF CHAPTER 18.01 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That the definition of term "basement" as set forth in
Section 18.01.030 of Chapter 18.01 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
"'Basement.' An area of building designed for
occupancy or use and having more than one-half of its
height below the average level of the adjoining
ground. A basement, when designed or occupied as
follows, shall be considered a story for purposes of
this Code including the height limitations set forth
herein: (i) dwelling purposes, (ii) business purposes,
(iii) manufacturing purposes, or (iv) a garage for
vehicle parking purposes when said garage is located
closer than one hundred fifty (150) feet to (a) any
single-family residential zoned property, (b) any
RS -A-431,000 zoned property or (c) any single-family
dwelling located in a multiple -family residential
zoned property."
SECTION 2. EXCEPTIONS
To the extent this ordinance contains restrictions or
limitations on the development of property greater than existed
immediately prior to the time this ordinance became effective,
such restrictions or limitations shall not apply to the following
projects.
1. Any project (i) for which building plans were
submitted to the City of Anaheim Building Division for plan
check prior to September 9, 1986, for purposes of obtaining
building permit approval, and (ii) for which construction is
commenced within one year following the date of issuance of
said building permit.
2. Any project (i) for which specific plans for
development were finally approved by the Planning Commission
or City Council pursuant to a zone reclassification, condi-
tional use permit or zone variance ("discretionary approval")
on or after September 9, 1985, and (ii) for which a building
permit is issued within one year following the date of such
discretionary approval and (iii) for which construction is
commenced within one year following the date of issuance of said
building permit.
SECTION 3. 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 elimina-
tion herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this day of
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
1435V
082886
-2-
MAYOR OF THE CITY OF ANAHEIM