6064ORDINANCE NO. 6064
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTIONS .070 .080 AND .090 OF SECTION 18.40.060 OF
CHAPTER 18.40 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO DEDICATIONS AND IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsections .070, .080 and .090 of Section 18.40.060 of Chapter 18.40 of Title
18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
070 Automatic Exemptions.
.0701 The following building permits are exempt from the requirements imposed by
subsection .020 of this section:
.01 Building permits for interior modifications of buildings or structures
which do not increase the usable square footage of the building;
.02 Building permits for replacement of a legally existing structure that is
to be demolished, or that has been destroyed by fire, earthquake or other calamity to
the extent the replacement structure does not increase usable square footage;
.03 Building permits for any expansion of a legally existing single-family
residence.
.0702 The following building permits are exempt from the requirements imposed by
subsections .030 through .060 of this section:
.01 Building permits for interior modifications of legally existing
buildings or structures which do not increase the usable square footage of the
building;
.02 Building permits for replacement of a legally existing structure that is
to be demolished, or that has been destroyed by fire, earthquake or other calamity to
the extent the replacement structure does not increase usable square footage.
.03 Building permits wherein a minor addition is being added to a legally
existing structure or building. "Minor Addition" shall include an expansion of a
single-family residence or any expansion of a commercial or industrial use, wherein
the square footage of all buildings on the property is being expanded by one
thousand (1,000) square feet or less within any two (2) year period.
.080 Discretionary Exemptions. The City Engineer may grant exemptions from all or any
portion of the requirements imposed by subsections .020 through .060 of this section.
.0801 Before any such exemption is granted by the City Engineer, it shall be shown
that either:
.O1 There is no reasonable relationship between the need for the required
dedication and improvements and the type of development project on which such
requirements are imposed; or
.02 The cost of the required dedication and improvements unreasonably
exceeds the burden or impact created by the development project.
.0802 An application for exemption pursuant to this subsection .080 shall be made
in writing on a form established for that purpose by the City Engineer.
.0803 The decision of the City Engineer relating to an application for exemption
pursuant to this subsection .080 shall be made in writing within fifteen (15) days following
the receipt of a completed application for exemption.
.090 Decisions of the City Engineer pursuant to subsection .080 above may be appealed to
the Planning Commission, in accordance with the procedures established in Chapter 18.60
(Procedures) for the processing of variances, except that the findings set forth in Section 18.74.060
(Findings) of Chapter 18.74 (Variances) shall not be required, and provided that such decisions
shall be subject to the findings for Discretionary Exemptions in paragraph .0801 of subsection .080
above.@
SECTION 2. 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 3. 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
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the same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
SECTION 4. 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 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 was introduced at a regular meeting of the City
Council of the City of Anaheim held on the sgffi day of ,Tune , 2007, and thereafter passed
and adopted at a regular meeting of said City Council held on the lith day of ,Tull ,
2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF HEIM
By
MAYOR OF THE IT F ANAHEIM
ATTEST:
CLERK OF THE CYN OF ANAHEIM
63786.2/smann/March 7, 2007
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Zoning Code Amendment No.
2007-00059
`..,&
Subject Property
Date: May 30, 2007
Scale: Graphic
Requested By:
CITY OF ANAHEIM
Q.S. No. n/a
Citywide
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:
July 26, 2007
"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: July 26, 2007
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
ORDINANCE NO. 6064
4N ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .070 .080 AND
090 OF SECTION 18.40.060 OF CHAPTER 18.40 OF TITLE 18 OF THE ANAHEIM MUNICI-
'AL CODE RELATING TO DEDICATIONS AND IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsections .070, .080 and .090 of Section 18.40.060 of Chapter 18.40 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
A.070 Automatic Exemptions.
.0701 The following building permits are exempt from the requirements imposed by sub-
section .020 of this section:
.01 Building permits for interior modifications of buildings or structures which do not in-
crease the usable square footage of the building;
.02 Building permits for replacement of a legally existing structure that is to be demolish-
ed, or that has been destroyed by fire, earthquake or other calamity to the extent the re-
placement structure does not increase usable square footage;
.03 Building permits for any expansion of a legally existing single family residence.
.0702 The following building permits are exempt from the requirements imposed by sub-
sections .030 through .060 of this section:
.01 Building permits for interior modifications of legally existing buildings or structures
which do not increase the usable square footage of the building;
.02 Building permits for replacement of a legally existing structure that is to be demolish-
ed, or that has been destroyed by fire, earthquake or other calamity to the extent the re-
placement structure does not increase usable square footage.
.03 Building permits wherein a minor addition is being added to a legally existing structure
or building. "Minor Addition" shall include an expansion of a single family residence or
any expansion of a commercial or industrial use, wherein the square footage of all build-
ings on the property is being expanded by one thousand (1,000) square feet or less within
any two (2) year period.
.080 Discretionary Exemptions. The City Engineer may grant exemptions from all or any
portion of the requirements imposed by subsections .020 through .060 of this section.
.0801 Before any such exemption is granted by the City Engineer, it shall be shown that
either:
.01 There is no reasonable relationship between the need for the required dedica-
tion and improvements and the type of development project on which such requirements
are imposed; or
.02 The cost of the required dedication and improvements unreasonably exceeds the bur-
den or impact created by the development project.
.0802 An application for exemption pursuant to this subsection .060 shall be made in writ-
ing on a form established for that purpose by the City Engineer.
.0803 The decision of the City Engineer relating to an application for exemption pursuant
to this subsection .080 shall be made in writing within fifteen (15) days following the receipt
of a completed application for exemption.
,090 Decisions of the City Engineer pursuant to subsection .080 above may be appealed
'to the Planning Commission, in accordance with the procedures established in Chapter
18.60 (Procedures) for the processing of variances, except that the findings set forth in
Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required, and pro-
vided that such decisions shall be subject to the findings for Discretionary Exemptions in
paragraph .0801 of subsection .080 above ,@
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, para-
graph, sentence or word of this ordinance of the Code, hereby adopted, be declared for
any reason to be invalid, itis 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 3. SAVINGS CLAUSE
Veither 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 li-
-ense or penalty or the penal provisions applicable to any violation thereof. The provisions
cf this ordinance, insofar as they are substantially the same as ordinance provisions previ-
cusly adopted by the City relating to the same subject matter, shall be construed as re-
;tatements and continuations, and not as new enactments,
SECTION 4. 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 vio-
lating any provision of this ordinance or tailing 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 corpora-',
tion shall be deemed guilty of a separate offense for each day during any portion of which'
any violation of any of the provisions of this ordinance is committed, continued or permit
ted by such person, firm or corporation, and shall be punishable therefor as provided for in i
this ordinance.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of
the City of Anaheim held on the 19th day of June 2007, and thereafter passed and
adopted at a regular meeting of said City Council held on the 17th day of Juiy , 2007, by
the following roll call vote:
AYES Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT', NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By Is/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
is! Linda Nguyen
GfTY CLERK GF THE CITY OF ANAHEIM
Publish:, Anaheim Bulletin 25-56'8 / B414971