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5112ORDINANCE NO. 5112 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 18.03.085 TO CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REZONING The City Council of the City of Anaheim does ordain as follows: SECTION 1. That new Section 18.03.085 be, and the same is hereby, added to Chapter 18.03 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.03.085 EFFECT OF CITY COUNCIL'S FAILURE TO ADOPT REZONING ORDINANCE .010 Notwithstanding any other provision of this Code to the contrary, the adoption of any resolution of intention to reclassify or rezone property ("resolution of intention") by the City Council or by a decision of the Planning Commission which is neither timely appealed to, nor reviewed by, the City Council, shall not (i) confer or vest any rights to reclassification or rezoning of the property prior to the adoption of an ordinance by the City Council reclassifying or rezoning the property ("rezoning ordinance"), nor (ii) compel, commit, mandate or otherwise require the City Council to adopt any such rezoning ordinance. .020 Consideration of any rezoning ordinance by the City Council shall be deemed a legislative decision and adoption of any such rezoning ordinance shall be at the sole discretion of the City Council notwithstanding the approval of any previous resolutions of intention or other actions of either the City Council or the Planning Commission relating to such matter. .030 In the event the City Council fails to adopt any rezoning ordinance (for which a resolution of intention was previously approved pursuant to an action by either the City Council or the Planning Commission which action subsequently became final) upon a vote thereon by the City Council, or the City Council fails to introduce any rezoning ordinance at a City Council meeting where such rezoning ordinance appears on the Council agenda for introduction, any previously approved final resolution of intention relating thereto shall be deemed null and void. I .040 The action of the City Council in failing to adopt such rezoning ordinance shall have the same effect as a timely appeal from any resolution of intention the final approval of which was previously granted by the Planning Commission, or the timely granting of a rehearing from any resolution of intention the final approval of which was previously granted by the City Council. The City Clerk shall thereafter schedule a public hearing before the City Council upon such matter in the same time and manner as specified in Section 18.03.083 of this Code. .050 In the event the City Council adopts a resolution denying a zoning reclassification of the subject property following a public hearing thereon pursuant to the immediately preceding subsection and such decision becomes final, the City shall thereafter refund any fees and restore any other consideration to the applicant which was theretofore obtained by the City pursuant to any condition of any previously approved resolution of intention which is thereafter rendered null and void by the provisions of this section. .060 Except as expressly set forth in this section, neither the City of Anaheim nor its officers or employees shall have any obligation or liability for the failure of the City Council to adopt any rezoning ordinance. SECTION 3. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 3rd day of April, 1990. UY-OR OF THE CTTY OF QUAHEIM ATTEST: 44&Y. ITY CLERK OF THE QVFY OF AN HEIM JLW:lm 3571L CLERK 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. 5112 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of March, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of April, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5112 on the 4th day of April, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of April, 1990. WO hIftTY CLERK OF THE Cr OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5112 and was published once in the Anaheim Bulletin on the 13th day of April, 1990. J� - ITY CLERK OF THE CITY44f ANAHEIM