Loading...
5611ORDINANCE NO. 5611 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.03.090, 18.03.092, 18.03.093 AND 18.12.080 OF CHAPTERS 18.03 AND 18.12, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING PROCEDURES (TIME EXTENSIONS FOR UNEXERCISED USES AND TIME LIMITATIONS). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.03.090 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "18.03.090 TIME LIMIT FOR AMENDMENTS, CONDITIONAL USE PERMITS, ADMINISTRATIVE USE PERMITS, VARIANCES & ADMINISTRATIVE ADJUSTMENTS. Any resolution of intention to reclassify property under this chapter, or the authority granted by any conditional use permit, administrative use permit, variance or administrative adjustment shall expire and thereafter be deemed null and void unless: 010 The petitioner shall, within one year after such approval (or within any greater or lesser time limit specified in said resolution), comply with each and all of the conditions, if any, imposed with time limits in said resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment; 020 The project or enterprise authorized by any conditional use permit, administrative use permit, variance or administrative adjustment, or construction necessary and incident thereto, shall be begun on or before the time limit specified in such conditional use permit, administrative use permit, variance or administrative adjustment and thereafter diligently advanced, or if no time is specified, on or before one year after the date such conditional use permit, administrative use permit, variance or administrative adjustment was approved. 030 An extension of time to the time limits specified in subsections .010 and/or .020 above shall have been granted by the Zoning Administrator, Planning Commission or City Council. A letter requesting an extension of time shall be filed with the Zoning Division of the Planning Department no later than one hundred -eighty (180) days following the expiration of the approval or the expiration of any prior extension of time. A filing fee in an amount established by resolution of the City Council shall be paid upon the filing of each request for any such time extension. .0301 Before granting any request for an extension of time, the Zoning Administrator, Planning Commission or City Council must make a finding of fact, by resolution, or in the case of the Zoning Administrator, by written decision of the Zoning Administrator, that the evidence presented shows that all of the following conditions exist: 01 The grant of the extension of time will not extend the approval beyond two (2) extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment. 02 The approval remains consistent with the General Plan and the zone district designation for the property. 03 Either no Code amendments have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such Code amendments and (ii) agreed to modify the project to conform to such Code amendments. 04 The subject property has been maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Code Enforcement Division. Cost of inspection is established pursuant to Section 1.01.389.030 of the Anaheim Municipal 2 Code, and shall be paid by the applicant prior to consideration of the time extension by the determining body. 05 No additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project or enterprise. .0302 Any action by the Planning Commission (or the Planning Director or Zoning Administrator where so authorized) pursuant to a request filed under this subsection shall be subject to appeal to, or review by, the City Council within the same time and manner, and subject to the same procedures set forth in Section 18.03.080 through 18.03.084, inclusive of this Code. Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this Section. .0303 If a resolution of intent to reclassify property, or any conditional use permit, administrative use permit, variance or administrative adjustment becomes void by reason of the expiration of the time limit herein established and no extension of time has been granted, said resolution shall be presumed to be of no force or effect, and before any further action for reclassification or any project or enterprise covered by such conditional use permit, administrative use permit, variance or administrative adjustment can proceed, the previous expired action shall be required to be terminated by request of the applicant and recourse shall be had to new and separate proceedings as in the first instance. .0304 Notwithstanding the foregoing, if a reclassification, conditional use permit, administrative use permit, variance or administrative adjustment approved prior to September 1, 1997 has exceeded the limitations on time extensions established by subsection 18.03.090.0301, the applicant shall be eligible for one additional extension of time, provided that (i) the application for said time extension must be filed prior to September 1, 1998, (ii) the extension shall not exceed one year, or any greater or lesser time increment specified in the 3 original resolution of reclassification, conditional use permit, administrative use permit, variance or administrative adjustment, and (iii) the grant of such extension shall be subject to the findings of subsection 18.03.090.0301. SECTION 2. That subsection .030 and of Section 18.03.092 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more;" SECTION 3. That Section 18.03.093 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.03.093 CONDITIONAL USE PERMITS AND VARIANCES APPROVED WITH TIME LIMITATIONS. The Zoning Administrator, Planning Commission or City Council may approve a conditional use permit or variance upon condition, or subject to the limitation, that such approval shall expire after a specified period of time or upon a specified date. Any conditional use permit or variance containing any such time limitation, whether approved before or after the effective date of this section, may be reinstated for an additional period or periods of time, or such time limitation may be deleted or modified by the Zoning Administrator (for Zoning Administrator decisions), or the Planning Commission (for time limitations imposed by the Planning Commission or City Council), provided: .010 The permittee or variance holder shall file with the Planning Department a request for reinstatement of the approval subject to such time limitation no later than September 1, 1998 or one hundred -eighty (180) days following the expiration of the approval, whichever shall come later, accompanied by a filing fee for such request in an amount as established by the City Council. 9 .020 A public hearing on the reinstatement of the approval shall be held by the Planning Commission or Zoning Administrator to determine whether such time limitation should be extended, modified or deleted. .030 Notice of such public hearing shall be given in the same manner as was legally required to be given in connection with the public hearing approving such permit or variance. .040 Reinstatement of the approval by extension, modification or deletion of any time limitation shall be granted only upon the applicant presenting evidence to establish the following findings: .041 The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in this chapter exist; .042 Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; .043 Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and .044 With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. .050 Any action by the Planning Commission pursuant to a request filed under this section shall be subject to appeal to, or review by, the City Council within the same time and manner, and subject to the same procedures, as set forth in Section 18.03.080 through 18.03.084, inclusive, of this Code. Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this Section. .060 Nothing in this section shall be deemed to authorize or permit any use to be operated or any structure to be maintained following the date of expiration of any applicable time limitation even if such time limitation is otherwise subject to reinstatement pursuant to this section. 5 SECTION 4. That new subsection .080 be, and the same is hereby, added to Section 18.12.070 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code to read as follows: 11.080 The provisions of Section 18.03.090 for extensions of time, Sections 18.03.091 and 18.03.092 for terminations and modifications, and Section 18.03.093 for time limitations shall apply to decisions made pursuant to this Chapter provided, however, that the Zoning Administrator shall act in place of the Planning Commission. SECTION 5. 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 6. 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 7. 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 I 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 is approved and adopted by the City Council of the City of Anaheim this 9th day of September 1997. MAYOR'05 THE CITY OF ANVAEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEI�N7- 0016049.06\smann\June 24, 1997 7 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. 5611 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of August, 1997, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of September, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5611 on the 9th day of September, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5611 and was published once in the North County News on the 18 day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM