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4765FOLLOWS: ORDINANCE NO. 4765 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, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY 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-43,000 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 30, 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 30, 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. DECLARATION OF URGENCY This Ordinance is hereby declared to be an emergency measure and shall be in full force and effect immediately upon its adoption. The facts constituting such emergency are that there has been an increase in both building density and/or heights or structure in certain zones which is incompatible with the characteristics of such zones. This increase in density and/or structure heights increase was neither intended nor anticipated by the City Council of the City of Anaheim. Accordingly, the adoption of this Ordinance as an emergency measure is necessary for the immediate preservation of the peace, health, safety, and general welfare of the citizens of the City of Anaheim. SECTION 4. 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 S. 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 30th day of September, 1986. A 400el. MAYOR OF THE CITY OF ANAHEIM ATTEST• R.. CITY CLERK OF THE CITY OF ANAHEIM 1540V 092486 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. 4765 was introduced and adopted at a regular meeting of the City Council of the City of Anaheim held on the 30th day of September, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4765, on the 30th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of September, 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. 476-5;and was published once in the Anaheim Bulletin on the 10th day of September, 1986. LEONORA N. SOHL, CITY CLERK