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6218 ORDINANCE NO. 6218 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.04.100 OF CHAPTER 18.04 AND SUBSECTION .020 OF SECTION 18.42.030 OF CHAPTER 18.42 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2011- 00100) (DEV2011- 00028) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.04.100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows " .010 Setbacks for Single - Family Residential Zones. .0101 The minimum setbacks for single - family residential zones are shown in Table 4- I. These setbacks apply in addition to the setback and yard requirements of Sectionsl 8.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). Encroachments into setback areas are contained in subsection .040 below. .0102 Unless otherwise provided in this title, setbacks shall be measured from the ultimate right -of -way, recorded access easement, or recorded riding and hiking trails. .0103 In addition to the provisions of Table 4 -I, a tilt -up garage door shall be set back a minimum of twenty -five (25) feet from the ultimate right -of -way line of the street used for access, and a roll -up garage door shall be set back a minimum of twenty (20) feet from the ultimate right -of -way line of the street used for access. .0104 Notwithstanding any other provision, any structure used for human habitation shall maintain a setback of not less than ten (10) feet from any riding and hiking trail easement of record. .0105 Notwithstanding any other provision, any enclosed detached accessory structure in excess of 120 square feet intended for habitation having finished interior, insulated ceiling and /or wall, ability to be temperature controlled, such as a guest room, recreation room, workshop, office etc. shall conform to setback requirements for the primary residence. Table 4 -I MINIMUM SETBACKS: SINGLE - FAMILY RESIDENTIAL ZONES * Zone Minimum Setbacks Residential Single- Family Hillside RH -1 Front 20 feet Side 15 feet Rear Same as Front RH -2 Front 25 feet In order to encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently; the setback shall be an average of 25 feet, with the minimum setback of 15 feet. Side 10 feet (properties with legal -non conforming side -yard setbacks less than 10 feet may be expanded while maintaining such legal non - conforming setback) All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the side yard. Rear 25% of the depth of the lot, but need not exceed 25 feet All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. RH -3 Front 20 feet Side 6 feet for a one -story structure; two -story structures must have a combined side yard of not less than 15 feet; however, neither side shall be less than 6 feet. All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the side yard. The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. -7- Rear 15 feet; all dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. Residential Single - Family RS -1 Front 30 feet or 25% of the depth of the lot, whichever is less Side 10% of the width of the lot, except that the side setback shall not be less than 5 feet and need not exceed 10 feet. The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 25 feet or 25% of the depth of the lot, whichever is less RS -2 Front 25 feet or 25% of the depth of the lot, whichever is less Side 5 feet The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 25 feet, except that the depth may be reduced to 10 feet, provided that dwellings or accessory structures shall not occupy more than 35% of the required rear setback. RS -3 Front 15 feet In order to encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently, the setback shall be an average of 15 feet with the minimum setback of 10 feet. Side 5 feet from structures to the property line or for development of an entire tract, zero feet on one side and 10 feet on the other side, provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards). The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 15 feet RS -4 Front 10 feet In order to achieve good design, the setback may be an average minimum of 10 feet, with the minimum setback of 5 feet. Setback provisions may be modified pursuant to18.04.160. Side 5 feet from structures to the property line or zero feet on one side, and 10 feet on the other side, provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards). The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Setback provisions may be modified pursuant to18.04.160. Rear 10 feet for single -story structures; 15 feet for two -story structures. Setback provisions may be modified pursuant to18.04.160. Airspace (Vertical) Subdivision. For three (3) dimensional airspace subdivisions, the minimum setback between facing walls of two dwelling units shall be the combined total of the required setbacks for each building wall. SECTION 2. That subsection .020 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Dwellings— Multiple Family. .0201 The minimum required number of off - street parking spaces for Multiple - Family Dwellings shall be based on the total number of bedrooms as follows: Total Number of Minimum Number of Parking Spaces Bedrooms per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms / 3 or more bedrooms 3.0 (plus 0.5 space for each bedroom over 3 bedrooms) -4- .0202 Guest Parking. Of the number of required parking spaces, one - quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and /or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple - Family Residential projects shall be readily accessible and no fee shall be assessed for their use. .0204 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0205 Tandem Parking Spaces Prohibited. None of the parking spaces required for Multiple - Family Residential projects under paragraph .0201 above, shall be tandem. .0206 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational- leisure areas, to a height of twenty -four (24) inches, with the exception of line -of -sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0207 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .0208 Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions; .01 Garages or carports may encroach into required building and landscape setback areas (excluding front setbacks) subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); ,02 Any installed garage doors must be roll -up type doors. .03 Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision. .04 Exterior garage walls, where visible from any public or private property, shall be finished with colors and materials consistent with the exterior colors and materials of existing buildings on the site and roofs must be finished with quality materials, such as tile, or shingles. Elevation plans must be reviewed and approved by the Planning Director; .05 The total number of required parking spaces provided on the site is not decreased by the construction of the garages. Replacement parking spaces may be provided elsewhere on the project site. -5- .06 Garage spaces must be assigned to specific apartment units. .07 Garage or carport spaces proposed to be constructed for existing apartments need not be within 100 feet of the unit to which it is assigned." SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid 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. SECTION 4. 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 the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 12 day of July, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the 19 day of July, 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: gAii ( M/1114 0 21.h■ CITY CLERK OF THE CITY OF ANAHEIM -6-