Ordinance No. 20418 - Laserfiche WebLink

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Mary Feldman - City Recorder September 4, 2008 Page 2 Ordinance 20418, the second ordinance adopted by the Council on August 11, made changes to EC 9.2751(3) that built on those in Ordinance 20417. It provides that EC 9.2751(3) is "amended to revise subsection (a) and to add a subsection (c) as follows:" (3) Building Height. (a) Except as provided below, in the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R -1. (c) For that area bound by Hilyard Street to the west, Agate Street to the east, East 18th Avenue to the north and East 20th Avenue to the south: 1. In the R-3 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. 2. In the R-4 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. It shall be limited to 50 feet for that portion of the building located within 175 feet from land zoned R-3, and shall be limited to 75 feet for that portion of the building located within 176 feet and 225 feet of land zoned R-3. As it was recommended by City staff, Ordinance 20418 would have had the same effective date as was provided for Ordinance 20417. However, just prior to its passage, the City Council passed a motion to give Ordinance 20418 an immediate effective date. When the effective date was changed, subsection (3)(c), above, should have been changed to (3)(b). However, that change was not made prior to the Council's action. The Ordinance, with the erroneous subsection reference, was signed by the Mayor on August 13, 2008 and its code changes became effective on that date. Generally, the City Recorder updates the City Code to incorporate new code changes as such code changes take effect. Therefore, a code change that is made by an ordinance with an immediate effective date is incorporated into the City Code immediately after the ordinance's passage while code changes that are made by an ordinance with a delayed effective date are not incorporated into the City Code until the effective date has arrived. Recommendation Consistent with the City Recorder's practice, we recommend that the code be immediately updated to incorporate the already-effective changes to EC 9.2751(3) that were made by Ordinance 20418, with a correction to the subsection reference that appeared in that ordinance. To do so, we recommend that the City Recorder update EC 9.2751(3) as follows: