1 ORDINANCE NO.
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 2 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.
3 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM