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3717ORDINANCE NO. '3717 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.03.05.0, 18.03.060,, 18.03.070, 18.03.071, 18.03.080, 18.03.082, 18.03.084, 18.03.09.0 and 18.03.091 OF TITLE 18, CHAPTER 18.03., OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 18.03.050, 18.03.06.0, 18.03.070, 18.03.071, 18.03..08.02 18.03.081, 18.03.082, 18.03.084 18.03.0901 AND 18.03.09.1 TO TITLE 18, CHAPTER 16.03, RELATING TO ZONING PROCEDURES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 18.03.05.0, 18.03.060, 18.03.070,. 18.03.07.1, 18.03.080, 18.03..0812 18.03.082, 18.03.084, 18.03.090, and 18.03.091 of Title 18, Chapter 18.03, of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 2. That new Sections 18.03.050, 18.03.060, 18.03.07.0, 18.03.07.1, 18.03.080,.18.03.081, 18.03.08.2, 18.03.084, 18.03.090, and 18.03.091 of Title 18, Chapter 18.03, be, and they are hereby, added to the Anaheim Municipal Code to read as follows: "18.03.050 PETITIONS FOR AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Proposals for the reclassification of property from one zone to another, conditional use permits, or variances as provided herein shall be set for public hearing and public notice given of the intention to consider the granting of such proposals in accordance with the procedures and conditions prescribed hereinafter. Area develop- ment plans shall be processed in accordance with the procedures specified in this Chapter for zoning reclassifications, except that no ordinance shall be required therefor. .010 Petitions -- Form. The Planning Commission shall prescribe the form in which applications are made for zoning reclassifica- tions, variances, or conditional use permits It may prepare and provide blanks for such purpose and may prescribe the type of informa- tion to be provided in the application by the applicant. No application shall be accepted unless it complies with such requirements. If -1- signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, the application, they may be received as evidence of notice having been served. upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of Anaheim. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Planning Commission, and there shall be attached thereto and permanently filed there- with copies of all notices and actions with affidavits of posting, mailing or publications pertaining thereto. .020 Petitions-- Filing Fees. Filing fees in an amount as specified by resolution of the City Council shall be paid upon the filing of each application for reclassification,. conditional use permit, variance, or appeal thereof, for the purpose of defraying the expense of postage. posting,.advertising and other costs of labor and materials incidental to the proceedings prescribed herein. A written receipt shall be issued to the person making such payment, and records of such payments and expenditures thereof shall be kept in such manner as prescribed by law. .030 Petitions -- Authorization. Applications for reclassifications, conditional use permits or variances, as they are herein described, may be initiated either by the verified application of one or more of the recorded owners of the subject property, the authorized agent for said owner(s), or upon resolution of intention of the City Council or Planning Commission. .040 Petitions -- Filing Procedure. Applications for reclassifications, conditional use permits or variances shall be made on forms prescribed by the Planning Commission and contain all information required therefor. Said applications shall be filed with the Planning Department -- Zoning Division. -2- "18.03.060 PUBLIC HEARINGS ON PETITIONS. Notice of time and place of public hearings upon any reclassification, conditional use permit, variance, or other similar permit, or for revocation or modification of the same, or for the adoption of any precise plan or master plan, or any amendment thereto, shall be given in the manner provided by the statutes and laws of the State of California, no other notice being required. .010 Notice and Date of Hearings. All proposals for reclassifications of property, or the granting of conditional use permits or variances as provided herein, shall be set for public hearing by the Secretary of the Planning Commission for a hearing to be held before the Planning Commission. The date of the hearing before the Planning Commission shall be not less than ten (10) days nor more than forty (4.0) days from the time of filing of such verified application or the adoption of such resolution, or the making of such motion. .02.0 Investigations for Hearings. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application set for hearing, including an analysis of prior similar cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this title and with previous reclassifications, variances, or permits. .030 Conduct and Recordation of Public Hearings. Public hearings as provided in this chapter shall be conducted before the Planning Commission, or before any member -thereof designated by the Commission so to serve. The Commission may establish its own rules for the conduct of public hearings and the member of the Commission presiding at such hearing is hereby empowered to administer oaths to any person testifying before it. Summary of all pertinent testimony offered at a public hearing and the names of persons so testifying shall be recorded and made a part of the permanent files of the case; provided, any party at interest may, at the first regular meeting of the Planning Commission -3- occurring ten (10) days or more following the date of the hearing for which said summary is recorded, indicate in writing to the Commission wherein said summary is alleged to be deficient and request that the Commission consider the amendment of said summary so as to reflect the facts; and provided further, that in addition to the filing of said written request for an amendment to the summary, any person or persons so requesting may also be present and testify further with respect to the reasons for the requested change. .04.0 Continuation of Public Hearings. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to which said hearing will be continued and such announcement shall serve as sufficient notice of such continuance, and no further notice need be given. "18.03.070 PLANNING COMMISSION ACTIONS. In all cases, not more than forty (4.0), days following completion of the public hearing for any reclassification, conditional use permit or variance before the Planning Commission, the Planning Commission shall announce its findings by formal resolution and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commis- sion, make the granting or denial of the reclassifica- tion, conditional use permit or variance necessary to carry out the provisions and general purpose of this title and shall also recite such conditions and limita- tions as may be imposed to serve the purpose of this chapter. All such resolutions shall be numbered. consecutively in the order of their passage and shall become a permanent record of the Planning Commission. The action of the Planning Commission on any reclassification, variance or conditional use permit shall be final and effective twenty-two days following the action thereon, unless within such twenty-two day period an appeal in writing is filed with the City Council by either the applicant or an opponent, or unless the City Council shall elect on its own motion to review the action of the Planning Commission, or unless the City Planning Commission requests a review of its decision. Such election by the City Council to review the action of the Planning Commission shall be by motion duly made and adopted, and, upon the adoption -4- of such motion for review, the City Clerk shall notify the City Planning Commission to transmit to the City Council the application for said reclassification, variance, or conditional use permit and a transcript of its proceedings thereon. "18.03.071 NOTIFICATION OF PLANNING COMMISSION ACTIONS. Not later than ten (10) days following the passage of any Planning Commission resolution granting or denying any reclassification, conditional use permit, or variance, a copy thereof containing its decision shall be mailed to the applicant at the address shown upon the application, and the Secretary of the Planning Commission shall forward to the City Clerk an executed copy of the resolution adopted by the Planning Commission, together with a report and summary of the evidence presented to the Planning Commission, and all files and records in said case. 1118.03..080 REVIEW AND APPEALS OF PLANNING COMMISSION ACTIONS. Any decision of the Planning Commission regarding the granting or denial of any reclassifica- tion, conditional use permit, or variance may be appealed to the City Council by either the applicant or an opponent provided written notice of such appeal shall be filed with the City Council within twenty- two (22) days from the date of the Commission's action on such matter. Further, all decisions of the City. Planning Commission granting or denying reclassifica- tions, conditional use permits, or variances shall be subject to review by the City Council, either by appeal or upon its own motion, or upon request of the City. Planning Commission. 1118.03..081 APPEAL FEES. Filing fees, in an amount as specified by resolution of the City Council, shall be paid upon the filing of an appeal requesting the City Council review the action of the Planning Commission taken with regard to any application for a reclassification, variance, or conditional use permit. "18.03.082 EFFECT OF APPEAL OR REVIEW. The City Council shall review any action of the City Planning Commission in the same manner and within the same time as an appeal from such action. -5- The filing of said appeal or the election of the City.Council to review the action of the Plan- ning Commission, or the .request of the Planning Commission for,a review of its action within such time limit shall servetohold in abeyance the effective date of any conditional use permit, variance or resolution of intent to reclassify property granted by action of the Planning Commission until such time as the City Council has acted upon the appeal or has reviewed the action of the Planning Commission as herein provided. 1118.03.084 DECISION OF CITY COUNCIL FINAL. The City Council shall announce its findings and decision on any review or appeal by formal resolution not later than ten (10) days following completion of the public hearing on such matter. Such resolution shall recite, among other things, the reasons which, in the opinion of the City Council, makes the granting or denial of such reclassification, conditional use permit or variance necessary to carry out the general purpose of this title. The action of the City Council in such matters shall be final and conclusive except as otherwise provided herein. Not later than thirty days following the adoption of the resolution by the City Council one copy thereof shall be forwarded to the applicant or the appellant, or both, as the case may be, and one copy shall be attached to the complete file in the case and the file returned to the Planning Commission for permanent filing. 1118.03.090 TIME LIMIT FOR AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCE. Any reclassification of property approved by resolution under this chapter, or the authority granted by any conditional use permit or variance shall become 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 resolu- tion of reclassification, conditional use permit or variance; M .020 The project or enterprise authorized by any conditional use permit or variance or construction necessary and incident thereto, shall be begun on or before the time limit specified in such conditional use permit and thereafter diligently advanced, or if no time is specified, on or before one year after the date such conditional use permit or variance was approved; .030. An extension of time shall have been granted on proper application for good cause shown, which in no event shall exceed an additional time equal to the original time specified, or one year, whichever is the greater. Nothing contained herein shall be construed to preclude the body which granted final approval of said reclassification, conditional use permit or variance from granting any such extension at any time after the expiration of the aforementioned original time specified., or at any time after 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 application for any such time extension. If a resolution of intent to reclassify property, or any conditional use permit or variance becomes void by reason of the expiration of the time limit herein established and no extension of time has been granted by the body which granted final approval thereof, 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 or variance 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. Any extension of time granted pursuant to this section by any body other than the City Council shall be subject to review by the City Council. "18.03..091 TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMITS OR VARIANCES (PROCEDURE). Any conditional use permit or variance whether granted before or after the effective date of this Code, shall remain in full force and effect unless modified or revoked by the body which granted final approval thereof in accordance with the provisions hereof. A conditional use permit or variance may be modified or revoked provided that:. -7- .010 A public hearing be held by the approving body to determine if grounds exist for the modification or termination of the conditional use permit or variance. .02.0 That the owner, holder, user or permittee shall receive notice either person- ally or by United States mail at least ten (10). days in advance of said public hearing. .030 Said notice shall require that the owner, holder, user or permittee appear by the approving body and show cause why said condition- al use permit or variance shall not be modified or terminated for one or more of the grounds specified in Section 18.03.092 of this Code.. .040 Said notice shall state the date, time and place of said hearing; and .050 Said notice shall inform the owner, holder, user or permittee that if said person fails to appear at the time and place specified in said order to show cause that the approving body may modify or terminate said conditional use permit or variance in his absence. .06.0 Notwithstanding the provisions of this section and/or subsections, the Planning Commis- sion and/or City Council may grant a conditional use permit or variance for a specific period of time. When a conditional use permit or a variance is granted by the Planning Commission and/or the City Council for a period of time, it shall terminate automatically upon the running of said time period and be of no further force and effect unless the time period shall have been extended by the Planning Commission and/or the City Council prior to such automatic termination." SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter 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 chapter indepen- dent of the elimination herefrom of any such portion as may be declared invalid. 10 SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (1.5) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30), days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 14th day of ,Tune . 1977• A ATTEST: C�CLERK OFTHE CITY F !9=M JLW:jh STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City,Clerk of the City of Anaheim, do hereby certify • that the foregoing Ordinance No. 3717 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of June, 1977, and that the same was duly passed and adopted at a regular meeting of said City Council held on the•14th day of June, 1977, -by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: -COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3717 on the 14th day of June, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of June, 1977. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3717 and was published once in the Anaheim Bulletin on the 24th day of June, 1977. CITY CLERK 60