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6578ORDINANCE NO. 6 5 7 8 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING A PORTION OF ORDINANCE NO. 6570, NUNC PRO TUNC, TO CORRECT CLERICAL DRAFTING ERRORS PERTAINING TO THE AMENDMENT OF A CERTAIN SECTION OF THE ANAHEIM MUNICIPAL CODE WHEREAS, on March 19, 2024, the City Council of the City of Anaheim (the "City Council") adopted its Ordinance No. 6570, which had the effect of amending various and numerous provisions of Title 18 (Zoning) of the Anaheim Municipal Code to provide clarity, ensure consistency of terms and definitions, streamline approval processes, amend or modify certain permitted land uses, development standards, procedures and definitions. Ordinance No. 6570 also included adjustments to the Beach Boulevard Specific Plan; and WHEREAS, subsequent to the adoption of Ordinance No. 6570, it has been discovered that Ordinance No. 6570 contains a certain minor error, which the City Council desires to correct by the adoption of this ordinance, nunc pro tunc; i.e., having retroactive legal effect to the effective date of Ordinance No. 6570; and WHEREAS, the City Council has inherent authority to amend its ordinances under these circumstances, which will have retroactive legal effect upon the adoption of this Ordinance. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 10 of Ordinance No. 6570 be, and the same is hereby, amended to read in full as follows: .140 Dwellings. Dwellings are permitted on properties having a General Plan Land Use Designation for Residential or Mixed -Use Land Uses, as identified on General Plan Figure LU-4 (Land Use Plan), subject to the permitted uses and development standards associated with a Typical Implementing Zoning that is consistent with the Residential or Mixed -Use Land Use designation for such property, as identified in Table LU-2 of the Land Use Element. The property owner may choose which Typical Implementing Zoning to apply insofar as it is consistent with the General Plan. No zoning reclassification is required to utilize this provision of the Code. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of 1 the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 3. SAVINGS CLAUSE; CONTINUITY. 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. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 4. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21 day of May , 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the 1 1— day of June , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: iY . AYOR OF T CITY OF ANAHEIM ATTE T: CITY C OF THE CITY OF ANAHEIM 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6578 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of May. 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of June. 2024, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 12' of June. 2024. r( CITY CL_RK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN 3:: See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 714; 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, 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: 06120/2024 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 Anaheim, Orange County, California, on Date: Jun 20, 2024. SfVWure ORD-6578 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6578 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING A PORTION OF ORDINANCE NO. 6570, NUNC PRO TUNC , TO CORRECT CLERICAL DRAFTING ERRORS PERTAIN ING TO THE AMENDMENT OF A CERTAIN SECTION THE ANAHEIM MUNICIPAL CODE On March 19, 2024, the City Council of the City of Anaheim (the City Council~) adopted Its Ordinance No. 6570, which amended various and numerous provisions of chapters of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code") to provide clarity, ensure consistency of terms and definitions, streamline approval processes, amend or modify certain permitted land uses, development standards, procedures and definitions. Ordinance No. 6570 also Included adlustments to the Beach Boulevard Specific Plan. Thereafter, 1t was discovered that Ordinance No. 6570 contains a minor error. This ordinance amends Ordinance No. 6570, nunc pro tunc; that is, to correct said clerical drafting error. Upon adoption of Ordinance No. 6578, Ordinance No. 6570 will have the same legal force and effect as If said correction had been made at the time when It should have been made, i.e. , upon the adoption of Ordinance No. 6570 on March 19, 2024. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a summary of Ordinance No. 6578, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 21st day of May, 2024 and was duly passed and adopted at a regular meeting of sold Council on the 11th day of June, 2024 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary Is a brief description of the sublect matter contained In the text of Ordinance No. 6578, which has been prepared pursuant to section 512 of the Charter of the City of Anaheim. This summary does not Include or describe every provision of the ordinance and should not be relled on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. 152354(LM Anaheim Bulletin Published: 6120/24 ORD-6578 (5190168) - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6578 and was published in the Anaheim Bulletin on the 20tn day of June, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. IRK OF THE CITY OF ANAHEIM (SEAL)