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53076 ORDINANCE NO. 5307 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.04.060 TO CHAPTER 18.04 AND AMENDING VARIOUS SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LANDSCAPING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Section 18.04.060 be, and the same is hereby, added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.04.060 LANDSCAPING REQUIREMENTS -GENERAL The following requirements shall be in addition to those of Chapter 17.06 'Grading, Excavations and Fill in Hillside Areas' which pertain to landscape requirements for slopes. .010 - Trees. All required trees shall be of a size not less than fifteen (15) gallons at time of planting. Trees that produce flowers or fruit shall not be placed where the flowers or fruit will cause a nuisance or hazard. .011 - Any required tree planted on-site which is subsequently removed, damaged, diseased and/or dead shall be replaced on-site in a timely manner. .012 - Trees shall not be planted in such a location that the variety or size of the tree will cause the tree to interfere with overhead utility lines and/or other public improvements. .013 - A minimum of one (1) tree per every twenty (20) feet of street frontage shall be planted in the landscape area adjacent to the street frontage. This requirement shall not apply to properties developed with detached single-family residences. 6 .020 - Shrubbery. All required shrubs shall be of a size not less than five (5) gallons at time of planting. Plants that produce flowers or fruit shall not be placed where the flowers or fruit will cause a nuisance or hazard. .030 - Groundcover. Groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials. .040 - Landscaping for screening of Fences/Blockwalls. All fences/block walls containing solid surfaces which are visible to any public right-of-way shall be planted with either clinging vines or fast-growing shrubbery which will screen the fence/wall surface so as to eliminate graffiti opportunities. .050 - Parking Lot Landscaping. In addition to the required setback and any slope landscaping, all parking areas and vehicular accessways shall be landscaped. Landscaping shall include at least one (1) tree per three thousand (3,000) square feet of parking area and/or vehicular accessways distributed throughout the parking area. There shall be an average of forty-eight (48) square feet of planter area provided per required tree, with a minimum planter dimension of five (5) feet, landscaped as prescribed by this code. No more than ten (10) parking spaces shall be adjacent to each other in a row without being separated by landscape area with a minimum width of five (5) feet. .060 - Irrigation. All required landscaped areas shall be provided and maintained with automatic irrigation systems as reviewed and approved by the Planning Department. Irrigation for deck landscaping, however, shall be subject to the provisions of subsection 18.96.039.020. 'Deck Landscape Requirements'. .070 - Landscape Maintenance. All landscaping shall be maintained in a neat, healthy and clean condition. - 2 - 16 .080 - Review of Landscape Plans. All landscaping required by this code shall be shown on a landscape plan(s) submitted for review and approval to the Planning Department. Plans shall further be subject to review and approval by the Traffic and Transportation Manager for lines -of -sight visibility." SECTION 2. That new subsection .040 be, and the same is hereby, added to Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code to read as follows: 11.040 Landscaping of Parking Areas. Landscaping for parking areas shall be in compliance with Section 18.04.060 'Landscaping Requirements -General'." SECTION 3. That subsections .024 and .026 of Section 18.31.063 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.024 - Setback of Buildings Abutting One -Family Residential Developments. A setback area not less than twenty (20) feet in width, landscaped in accordance with subsection 18.31.063.026, and which shall include trees planted and maintained on maximum twenty (20) foot centers, to provide an effective visual screen between the multi- family and one -family residential zones, shall be provided along the entire length of any interior site boundary line abutting any one -family residential zone boundary or any area designated on the Anaheim General Plan for low density residential land uses; provided, however, that said provision shall not apply when said adjoining property has been developed or approved for development of more intensive use than one -family dwellings. .026 - Required Improvement of Yards and Setback Areas. Required yards and setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 and shall be permanently maintained in a neat and orderly manner as a condition to use. Pedestrian walks and vehicular accessways shall be permitted in said areas, except where said - 3 - area is a requirement of Section 18.31.063.024. In addition, the following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plant materials: .0261 - Fountains, ponds, sculptures and planters. .0262 - Fences, walls and hedges conforming to the provisions of Section 18.04.043 of this Code." SECTION 4. That subsection .033 of Section 18.31.063 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.033 - Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas required pursuant to this section shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters and decorative screen -type walls, installed incidently to the primary plant materials in the landscaping shall be permitted. All required common recreational -leisure areas and other required open space areas shall be developed and maintained in accordance with approved landscape and irrigation plans." SECTION 5. That subsections .027 and .028 of Section 18.32.063 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.027 - Required Improvement of Yards and Setback Areas. Required yards and setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 and shall be permanently maintained in a neat and orderly manner as a condition to use. Pedestrian walks and vehicular accessways shall be permitted in said areas, except where said - 4 - area is a requirement of Section 18.32.063.028. In addition, the following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plant materials: .0271 - Fountains, ponds, sculptures and planters. .0272 - Fences, walls and hedges conforming to the provisions of Section 18.04.043 of this Code." .028 - Setback of Buildings Abutting One -Family Residential Developments. A setback area not less than twenty (20) feet in width, landscaped in accordance with subsection 18.32.063.027, and which shall include trees planted and maintained on maximum twenty (20) foot centers, to provide an effective visual screen between the multi- family and one -family residential zones, shall be provided along the entire length of any interior site boundary line abutting any one -family residential zone boundary or any area designated on the Anaheim General Plan for low density residential land uses; provided, however, that said provision shall not apply when said adjoining property has been developed or approved for development of more intensive use than one -family dwellings." SECTION 6. That subsection .035 of Section 18.32.063 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.035 Landscaping Requirements for common Recreational -Leisure Areas. Common recreational -leisure areas required pursuant to this section shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters and decorative screen -type walls, installed incidently to the primary plant materials in the landscaping shall be permitted. All required common recreational -leisure areas and other required open space areas shall be developed and maintained in accordance with approved landscape and irrigation plans." - 5 - SECTION 7. That subsection .030 of Section 18.32.080 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.030 Landscaping and Irrigation. The project shall include landscaping of the front setback areas, side yard areas, and interior court areas as set forth in Section 18.04.060, to be provided and permanently maintained in accordance with a detailed landscape and irrigation plan approved in conjunction with the conditional use permit approved for such project." SECTION 8. That subsections .027 and .028 of Section 18.34.063 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.027 - Required Improvement of Yards and Setback Areas. Required yards and setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 and shall be permanently maintained in a neat and orderly manner as a condition to use. Pedestrian walks and vehicular accessways shall be permitted in said areas, except where said area is a requirement of subsection 18.34.063.028. In addition, the following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plant materials: .0271 - Fountains, ponds, sculptures and planters. .0272 - Fences, walls and hedges conforming to the provisions of Section 18.04.043 of this Code." .028 - Setback of Buildings Abutting one -Family Residential Developments. A setback area not less than twenty (20) feet in width, landscaped in accordance with subsection 18.34.063.027, and which shall include trees planted and maintained on maximum twenty (20) foot centers, to provide an effective visual screen between the multi- family and one -family residential zones, shall be provided along the entire length of h any interior site boundary line abutting any one -family residential zone boundary or any area designated on the Anaheim General Plan for low density residential land uses; provided, however, that said provision shall not apply when said adjoining property has been developed or approved for development of more intensive use than one -family dwellings." SECTION 9. That subsection .035 of Section 18.34.063 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.035 Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas required pursuant to this section shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060 with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters and decorative screen -type walls, installed incidently to the primary plant materials in the landscaping shall be permitted. All required common recreational -leisure areas and other required open space areas shall be developed and maintained in accordance with approved landscape and irrigation plans." SECTION 10. That subsection .040 of Section 18.41.063 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Required Improvement of Setback Areas. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 11. That paragraphs .041 and .042 of subsection .040 of Section 18.42.063 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted in its entirety. - 7 - W SECTION 12. That subsection .040 of Section 18.42.063 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Required Improvement of Setback Areas. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials as set forth in Section 18.04.060." SECTION 13. That subsection .040 of Section 18.44.063 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows (with paragraphs .041 through .043, and subparagraphs thereto, to remain unchanged): 11.040 Interior Site Boundary Lines Abutting Any Residential Zone Boundary. A minimum open setback of not less than ten (10) feet landscaped as set forth in Section 18.04.060 shall be required; provided, however, that for any building over two (2) stories in height the required setback areas shall be increased in width two additional feet for each story by which the building exceeds two (2) stories in height. Trees shall be planted and maintained on maximum twenty (20) foot centers in the setback area adjacent to the residential zone, to provide an effective visual screen between the residential and non-residential land use." SECTION 14. That subsection .050 of Section 18.44.063 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.050 Landscaping of Required Yards. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 15. That paragraphs .031, .032 and .033 of subsection .030 of Section 18.44.066 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted in their entirety. - 8 - 11 SECTION 16. That subsection .030 of Section 18.44.066 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.030 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.06.030 'REQUIRED IMPROVEMENT OF PARKING AREAS,' and in accordance with subsections 18.44.064.010 through 18.44.064.012." SECTION 17. That new subsection .040 of Section 18.45.063 be, and the same is hereby, added to Chapter 18.45 of Title 18 of the Anaheim Municipal Code to read as follows: 11.040 Landscaping of Required Yards. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 18. That new subsection .040 of Section 18.46.063 be, and the same is hereby, added to Chapter 18.46 of Title 18 of the Anaheim Municipal Code to read as follows: 11.040 Landscaping of Required Yards. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 19. That subsection .040 of Section 18.61.063 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Required Improvement of setback Areas, Excepting Service Station Setbacks. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 20. That paragraphs .031, 032 and .033 of subsection .030 of Section 18.61.066 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted in its entirety. SECTION 21. That subsection .030 of Section 18.61.066 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.030 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.06.030 'REQUIRED IMPROVEMENT OF PARKING AREAS'." SECTION 22. That subsection .010 of Section 18.61.068 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 23. That subsection .040 of Section 18.63.063 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read, in its entirety, as follows: 11.040 Required Improvement of Setback Areas, Excepting Service Station Setbacks. Except as otherwise provided in this Code, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Section 18.04.060." SECTION 24. That paragraphs .031, .032 and .033 of subsection .030 of Section 18.63.066 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted in its entirety. SECTION 25. That subsection .030 of Section 18.63.066 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.030 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.06.030 'REQUIRED IMPROVEMENT OF PARKING AREAS'." - 10 - I SECTION 26. That subsection .010 of Section 18.63.068 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 27. That subsection .032 of Section 18.84.052 of Chapter 18.84 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 28. That subsection .020 of Section 18.84.062 of Chapter 18.84 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 29. 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. SECTION 30. 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 is approved and adopted by the City Council of the City of Anaheim this 19'tb day of May , 1992. (MAYOR OF THE CIT OFIM ATTEST �� ...-. CITY CLERK OF THE CITY OF ANAHEIM SJM:dnl 042LNDSC.17 051192 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. 5307 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of May, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of May, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Picker, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5307 on the 20th day of May, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1992. CITY CLERK OF THE CITY OF ANAHEIM (ZEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5307 and was published once in the Anaheim Bulletin on the 29th day of May, 1992. CITY CLERK OF THE CITY OF ANAHEIM