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5297ORDINANCE NO. 5297 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.77 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO 90-3 (SP 90-3) (CYPRESS CANYON) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That title 18 of the Anaheim Municipal Code is hereby amended by adding thereto Chapter 18.77 to read as follows: "CHAPTER 18.77 SPECIFIC PLAN NO. 90-3 (SP90-3) ZONING AND DEVELOPMENT STANDARDS 18.77.010 Purpose and Intent .010 The regulations set forth in this Chapter have been established to provide for the orderly development of, and, upon adoption of an ordinance reclassifying said property to this zone, shall be applicable to that certain property (hereinafter referred to as the "Specific Plan Area") described in the Specific Plan No. 90-3 document (hereinafter referred to as the "Specific Plan") marked "Exhibit A" and on file in the Office of the City Clerk approved by the City Council on April 7, 1992, as the same may be hereinafter amended. These standards provide for the arrangement, development and use of a variety of residential housing types, supporting commercial facilities and open space consistent with the intent, purpose and goals of the City's General Plan and Zoning Ordinance. Application of these regulations is specifically intended to provide the most appropriate use of the land, create a harmonious relationship among land uses and protect the health, safety and welfare of the community. .020 In accordance with the provisions of Chapter 18.93 of the Anaheim Municipal Code (Specific Plan Ordinance), the standards herein are patterned after the zone districts and definitions contained in Chapter 18 of `Zoning ' of the Anaheim Municipal Code. 18.77.020 General Provisions .010 The provisions contained herein shall govern the zoning and development of the Cypress Canyon Specific Plan area. Any land use proposal not specifically covered by the provisions contained herein shall be subject to the 1 regulations of the Zoning Code for the particular zoning designation otherwise applicable to said development area pursuant to the provisions of this Chapter and/or other applicable portions of the Anaheim Municipal Code. .020 Whenever any regulations or standards contained in this chapter differ from or conflict with the regulations of the Anaheim Municipal Code, the regulations contained in this chapter shall take precedence. .030 Any reference to the Zoning Code made in this Chapter shall mean Title 18 of the Anaheim Municipal Code. .035 Unless otherwise provided in this chapter, all development areas shall be subject to Chapter 18.84 of Title 18 of the Zoning Ordinance (Scenic Corridor (SC) Overlay Zone). .040 The maximum number of dwelling units permitted by the Specific Plan shall be 1,550. The approximate number of dwelling units within each residential development area is established on the Development Plan Map (Exhibit 9 in the Specific Plan document). Dwelling units in residential development areas as established in the Specific Plan may be transferred to other residential development areas in accordance with Section 18.77.040. Otherwise, any such transfer shall be carried out through an amendment to the Specific Plan. Transfers of dwelling units between residential development areas shall be deemed to be consistent with the General Plan provided the overall maximum of 1,550 dwelling units is maintained, the general location of development areas approximates the areas shown on the Specific Plan and the allowable General Plan density for each development area is not exceeded. .050 The boundaries of individual development areas and acreages as established by this chapter are approximate and are limited in accuracy by the scale at which the Development Plan Map (Exhibit 9 in the Specific Plan document) is drawn. Acreage figures on the Development Plan are shown to the nearest acre based upon mechanical planimeter readings of the Development Plan Map ata scale of 1" = 200'. Modifications to the configuration and size of development area boundaries, not to exceed fifteen (15) percent, may result from technical refinements and site conditions in the subdivision map process. Precise development area boundaries and acreages will be established as hereinafter provided by the submittal, review and approval of tentative tract maps/tentative parcel maps in conjunction with the subdivision process as set forth in Title 17 of the Anaheim Municipal Code. Minor boundary and acreage variations from those shown on the Development Plan Map (Exhibit 9 in the Specific Plan document) shall be permitted as part of the tentative tract map/tentative parcel map approval without amendment to the Specific Plan. The Zoning Map of the City ON shall reflect the boundaries of the development area as defined in conjunction with the recordation of subdivision maps. .060 Model homes, their garages and private recreation facilities may be used as offices for the sale or rental of homes within a Development Area subject to the regulations of the City of Anaheim governing said uses and activities. .070 All grading shall comply with all applicable regulations contained in Title 17 of the Municipal Code. Subject to the review and approval of the City Engineer, grades shown on the Preliminary Grading Plan may be modified due to technical refinements provided in final grading plans. .080 All construction shall comply with all provisions of the Uniform Building Code and applicable sections of Title 15 of the Anaheim Municipal Code. Construction within any development area may commence only after the Planning Director, or his designee, finds that the construction proposal, these regulations and applicable policies and guidelines of the Cypress Canyon Specific Plan are consistent. The issuance of building permits may only occur after Site Plan approval has been obtained from the City of Anaheim, subject to the procedures set forth in 18.77.030. .090 Terms used in this chapter shall have the same. definitions as provided in the Anaheim Municipal Code unless otherwise defined. .100 In adopting Resolution No. 92R-67 approving and adopting the Specific Plan, the City Council of the City of Anaheim made certain findings of consistency between the General Plan of the City and the Spec Plan. In granting future approvals as contemplated by this Chapter and by the Specific Plan, the particular person or body so acting shall not do so in such a manner so as to abrogate or nullify those findings. 18.77.030 Methods and Procedures for Specific Plan Implementation The methods and procedures for implementation and administration of the Specific Plan are prescribed as follows: .010 Implementation. The Specific Plan shall be implemented through the processing of site plans prior to the approval of final tract or parcel maps for residential development areas and prior to issuance of building permits for commercial projects, and other proposed developments for which a tract map or parcel map is not required by law. However for RS-4000(sc) development areas, a preliminary site plan shall be processed in conjunction with tentative tract maps and final site plan review shall be required prior to approval of final tract maps. 3 The site plans may be prepared separately from the tentative subdivision maps or may be submitted on the same document provided the map(s) submitted are in sufficient detail to determine conformance with the Specific Plan. .020 Site Plan Approval. The site plan(s) for a particular development area, or portion thereof, shall be reviewed at a duly noticed public hearing by the Planning Commission prior to the approval of a residential final tract or parcel map (RS-4000(sc)) or prior to issuance of building permits for commercial projects and other proposed developments for which a tract or parcel map is not required by law, for consistency with the Specific Plan and this Chapter. However for RS-4000(sc) development areas, a preliminary site plan shall be processed in conjunction with tentative tract maps. Final site plan review shall be required prior to approval of final tract maps. Notice of said hearings shall be given in the same manner as specified for hearings for tentative tract maps in the Municipal Code in the case of residential development areas or at the same time and in the same manner specified for variances and conditional use permits in the Municipal Code in the case of commercial developments, or other proposed developments for which a tract map or parcel map is not required by law. Subject to minor boundary variation as authorized by Section 18.77..020.040 of this Chapter and density transfers as authorized by Section 18.77..020.050 of this Chapter, if the site plan is found to be consistent with the Specific Plan and this chapter, the Planning Commission shall approve the site plan. The decision of the Planning Commission shall be final subject to appeal or review by the City Council in the same time and manner as provided for appeal from decisions of the advisory agency for tentative tract or parcel maps as set forth in the Municipal Code. .030 Site Plan Consistency. Following approval of a site plan, if any changes are proposed regarding the location or alteration of any use or structure shown on an approved site plan, a revised plan may be submitted to the Planning Director for approval. If the Planning Director or his designee determines that the proposed revision complies with the provisions of the Specific Plan and the general intent of the approved site plan, the revised plan may be approved without re -submittal to the approval process described in Section 18.77.030.020. Said decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. .040 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.93 of the Anaheim Municipal Code (Specific Plan Ordinance). 18.77.040 Density Transfer Procedure .010 As provided in Section 18.77.020.030 of this Chapter, the Planning Director may approve transfers of dwelling units between residential development 4 areas, provided the total number of units transferred within the Specific Plan Area does not exceed ten percent (10%) of the total number of units permitted by the Specific Plan, the total number of units transferred per each Density Transfer Request does not exceed ten percent (10%) of the total number of units permitted within the development areas provided in question, and the transfers are consistent with the Specific Plan and General Plan. Any application for such a transfer shall be submitted to the Planning Director, signed by both the owner of the property from which the units will be transferred as well as the owner of the property to whom the units will be transferred. All dwelling Unit Transfers shall be submitted in conjunction with tentative tract or parcel maps for the Development Area receiving the units and accompanied by an exhibit showing the locations of the dwelling unit changes, a revised Development Plan Statistical Summary and such other information as deemed necessary by the Planning Director. .020 The Planning Director, or his designee, shall review the application to determine whether the proposed transfer is consistent with the Specific Plan. In no event shall the Planning Director approve the transfer if it is inconsistent with the Specific Plan document or any other provision of the Municipal Code. .030 The Planning Director shall have the sole discretion to refer consideration of the application to the Planning Commission for a noticed public hearing. .040 Any single application for transfers of dwelling units which exceed (10) percent of the total number of dwelling units in a development area, but which do not exceed the allowable General Plan density for the development areas in question, may be submitted to the Planning Commission for review and approval at a noticed public hearing in the same manner as provided for tentative tract maps in the Municipal Code. The Planning Commission shall review the application to determine whether the proposed transfer is consistent with the Specific Plan. In no event shall the Planning Commission approve the transfer if it is inconsistent with the Specific Plan document or any other provision of the Municipal Code. .050 The action of either the Planning Director or the Planning Commission, if so referred, shall be subject to review/appeal by the City Council in the same manner as provided in Section 18.03.080 of Title 18 of the Municipal Code. 18.77.050 Application Fees .010 By resolution, the City Council may establish fees for processing site plans, density transfers and any other applications for subsequent approvals to W1 carry out the purposes of this chapter or implement or amend Specific Plan No. 90-3. 18.77.070 Development Standards Set forth below are the standards for the development of residential, commercial and open space uses within the Specific Plan Area. The development areas referenced herein are those identified on the Development Plan (Exhibit 9 of the Specific Plan document). Said exhibit is incorporated into this chapter by reference as if set forth in full. Development Area Summary .010 Development Areas 3 and 10: RM -1200 (SC) Zoning District Attached Multi -Family Housing. .020 Development Areas 9 a., 11b, 12 and 19: RM -2400 (SC) Zoning District Attached Multi -Family or Attached One -Family Housing. .030 Development Areas 6, 13, 14, 15, 16 and 17: RS -4000 (SC) Zoning District Detached Single -Family Housing. .040 Development Areas 4 and 18: RS -5000 (SC) Zoning District Detached Single -Family Housing. .050 Development Area 5: RS -7200 (SC) Zoning District Detached Single -Family Housing. .060 Development Areas 1 and 2: CL (SC) Commercial District Development Area Standards .010 Development Areas 3 and 10 - Apartments. This zone is intended to provide for and encourage the orderly development of attached multi -family projects in areas appropriate for Hillside Medium Density Residential development as indicated on the Cypress Canyon Development Plan (Exhibit 9 of the Specific Plan document). All standards of 'RM -1200 (SC)" Zone (Chapters 18.34 and 18.84) as amended herein, shall apply as provided below: (a) Permitted Accessory Uses (replaces Section 18.34.030). (1) Garages, carports, and utility rooms or structures 6 (2) Recreational buildings, structures and uses, including but not limited to swimming pools, cabanas, dressing rooms, golf course, putting green and court game areas. (3) Small Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code. (4) Large Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code provided an Administrative Use Permit is obtained as provided in Chapter 18.10 of the Anaheim Municipal Code. (5) Home occupations in compliance with all conditions and limitations for said use as prescribed in Section 18.02.052.040 "Home Occupations" of the Anaheim Municipal Code. (6) Exterior mounted antenna pursuant to Sections 18.84.042.030 and .040. (b) Conditional Uses (replaces Section 18.34.050). (1) Churches and accessory uses (2) Daycare facilities (greater than twelve (12) children) (3) Senior citizen apartment projects, subject to the requirements of Chapter 18.94 of the Anaheim Municipal Code. (c) Minimum Site Area (replaces Section 18.84.052.010). All sites shall be of sufficient size and width to accommodate the anticipated number of dwelling units and parking spaces, open areas, and other structures and uses for which provisions are made in this zone. The minimum multi -family project area shall be four (4) acres. (Development Area 3 is 9 acres, Development Area 4 is 4 acres.) (d) Minimum Building Site Area per Dwelling Unit. The building site area per dwelling unit shall be a minimum of twelve hundred (1,200) square feet. For purposes of this section, building site area is the total development site minus the square footage of all rights-of-way dedicated, or irrevocably offered for dedication, to the public. (e) Minimum Building Site Width. The minimum building site width shall be seventy (70) feet. (f) Maximum Height (replaces Section 18.34.062.011-013). (1) The maximum height of any building shall not exceed two and one-half (2 1/2) stories or 35 feet in height. The height of all structures shall be measured from the highest portion of the structure to the ground floor elevation directly below that point, including any architectural projections. II (2) Within one hundred and fifty (150) feet of any single-family zone, the maximum height of any building shall not exceed one (1) story or 25 feet in height, unless detailed drawings are submitted to the Planning Commission showing that no proposed buildings greater than one-story in height visually intrude on any abutting or adjacent single-family dwelling, in no event, however, shall any such building be located less than fifty (50) feet from any such residential zone. Required proof that there will be no visual intrusion from the proposed building including, but not necessarily limited to: terrain differentials; garages or single -story structures located in a manner to preclude visual intrusion, blank building walls without windows, and orientation of windows and balconies in a way which will not overlook single-family dwellings or visually intrude on the privacy of such dwellings. (g) Maximum Site Coverage. The maximum coverage by all residential and accessory buildings shall be fifty-five percent (55%) of the building site area. Recreational buildings and facilities shall not be included in the calculation of coverage. (h) Minimum Floor Area of Dwelling Units. The floor area per dwelling shall be not less than as provided herein: Bachelor Units:550 square feet (The number of bachelor units not to exceed twenty (20%) of the total project) One bedroom Units:700 square feet Two bedroom Units:825 square feet Three bedroom Units:950 square feet, plus not less than 125 square feet for each additional bedroom in excess of three (i) Structural Setback Requirements (replaces Sections 18.84.052.020 and 18.34.063.012). Abutting upon any freeway, a fully landscaped building setback of not less than one hundred (100) feet shall be provided; abutting an arterial highway, there shall be provided an average fully landscaped building setback of thirty (30) feet, with no setback less than twenty-five (25) feet; otherwise a twenty (20) foot fully landscaped setback shall be required from a local street. 6) Yard Requirements (replaces Sections 18.34.063.020-026). Any building wall containing a main entrance shall have a yard having a minimum depth of fifteen (15) feet; otherwise a ten (10) foot minimum depth shall be required between building walls which do not contain a main entrance, but contain windows or secondary entrances. In the case of blank building walls (no windows or doors) a five foot setback shall be required. W Required Improvement of Yards and Setback Areas. Yards and setback areas shall be landscaped with lawn, trees, shrubs or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Pedestrian walks and vehicular access ways may be permitted in said areas. The following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plant materials: (1) Fountains, ponds, sculptures and planters. (2) Fences, walls and hedges. In front yards (replaces Section 18.04.043.101), the maximum height of any fence, wall or hedge shall not exceed thirty-six (36) inches within any required front setback area provided plans shall be reviewed and approved by the City Traffic and Transportation Manager as not obstructing vehicular line -of -sight; (1) Required Recreational -Leisure Areas. In recognition of favorable climatic conditions and the 'outdoor living" habits of local residents, the following standards are found to be necessary to assure a desirable living environment consistent with the established quality of residential areas in the community. (1) For Multiple -Family Dwellings. On any building site on which there are located dwelling units, there shall be not less than two hundred (200) square feet of usable recreational -leisure space for each dwelling unit provided as private patios, accessible balconies, roof gardens and/or common recreational -leisure area, as provided hereafter. (2) Minimum Area of Private Recreational -Leisure Areas. Private patios for ground floor units or studio type units shall be not less than one hundred (100) square feet in area, the least dimension of which shall be not less than eight (8) feet: provided, however, that private patios for dwelling units located entirely above the ground floor may be provided by accessible balconies which shall be a minimum of fifty (50) square feet in area, the least dimension of which shall be a minimum of five (5) feet. (3) Common Recreational -Leisure Areas. Any common recreational -leisure areas provided pursuant to this section shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate required areas or setbacks between buildings provided that any building or structure encroaching into the air space above a common recreational -leisure area shall maintain a minimum height clearance of seven and one-half (7-1/2) feet, or such other height as required by the Uniform Building Code. The common recreational -leisure area may incorporate any required yard areas other than E front yards or other street setback areas, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. In no event shall any common recreational -leisure area have a minimum dimension of less than ten (10) feet. (4) Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas provided pursuant to this section shall be landscaped with lawn, trees, shrubs or other plant materials with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscapes, sculpture, planters and decorative screen -type walls, installed incidentally to the primary plant materials in the landscaping shall be permitted. All common recreational -leisure areas and other required open space areas shall be built in accordance with approved landscape and irrigation plans prepared under the direction of a licensed landscape architect, and shall be installed and permanently maintained in a neat and orderly manner as a condition to lawful exercise of the uses permitted on the building site. (m) Permitted Encroachments into Required Yards. The following structures and items may be permitted to encroach into yards required in this zone subject to compliance with the limitations and conditions for such encroachments prescribed in Section 18.04.043 "Permitted Encroachments into Required Yards" and as provided herein: (1) Building connections extending into rear yards. (2) Balconies and Exterior Stairways. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required rear yard not more than four (4) feet and into a required front yard not more than thirty (30) inches provided that no such structure shall project into more than fifty percent (50%) of any required yard or setback. (3) Carports or porte-cocheres. (4) Cornices, eaves, belt courses, sills, buttresses and fireplaces. (5) Fire escapes. (6) Guardrails. (7) Fences, walls and hedges, in compliance with Section (k)(2). (8) Porches, platforms and landing places. (9) Signs, in compliance with Section 18..060 "Sign Regulations" of Specific Plan SP90-3. (n) Location and Orientation of Buildings. 10 I (1) Minimum Distances Between Buildings. The minimum distances between any buildings shall be not less than as provided herein; whether the spaces required herein are covered or open to the sky: (2) The minimum distance between parallel walls of two (2) main buildings or between two (2) parallel facing walls of the same building shall be the sum of the yard depth requirements of both walls, as determined by the provisions of Section 18.32.063.020 of the Anaheim Municipal Code; provided, however, that the distance between two (2) parallel main buildings facing each other may be reduced if the extent of their overlap does not exceed twenty percent (20%) of the length of either facing wall. The minimum distance between said buildings shall be equal to the full yard depth requirements of the longer facing wall plus three-fourths (3/4) of the yard depth requirement of only the overlapping portion of the shorter facing wall. (3) In order to provide for obliquely aligned buildings, the required distance between two (2) main buildings may be decreased a maximum of five (5) feet at one end if increased an equal distance at the other end, provided that the minimum distance in no case shall be less than ten (10) feet. (4) Minimum Width of Pedestrian Accessways. All pedestrian accessways shall have a minimum width of eight (8) feet, whether covered or open to the sky. (o) Parking (Combines Section 18.34.066.010 and 18.06.050.0121). For each unit there shall be provided not less than one and one-half (1.5) off-street parking spaces for each bachelor unit, not less than two and one-half (2.5) parking spaces for each one -bedroom or two-bedroom unit, and not less than three and one-half (3.5) parking spaces for each three-bedroom or larger unit. At least two (2) parking spaces per dwelling unit shall be covered, except that only one (1) required space for each bachelor unit need be covered. Of the number of required parking spaces, one-quarter (.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 access ways. (1) Design of off-street Parking Spaces and Areas (replaces Sections 18.06.050.0122, 0123, 0125-0127). All covered spaces shall be located within 150 feet of (as measured in a straight line), and be readily accessible to, the dwelling unit served. Required open spaces shall be located within 200 feet of the unit served. (a) Tandem parking of not more than two (2) vehicles deep shall be permitted for required covered parking when the two (2) spaces are assigned to the same dwelling unit. Required open spaces shall be permitted in tandem to covered spaces and shall be provided in 11 a driveway having minimum dimensions of sixteen (16) feet wide and twenty-five (25) feet long where covered spaces in a garage equipped with a standard, tilt up garage door and sixteen (16) feet wide and twenty (20) feet long driveway where no door or a roll up garage door is used. Notwithstanding the foregoing, not more than twenty-five percent (25%) of the required number of covered off-street parking spaces shall be permitted to be tandem parking spaces in multiple -family dwelling projects. The term 'tandem parking space' as used in this section shall mean any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egrees from such parking space blocked by a vehicle properly parked in a contiguous parking space." (b) Required open spaces for residents and tenants shall be unassigned, and no fee shall be assessed for their use. (c) Parking areas shall be screened by means of plant landscaping or architectural devices from adjacent streets and properties and from living or recreational -leisure areas to a height of 36 inches with the exception of Area E. "Line -of -Sight for Pedestrians," as shown on Standard Plan No. 135 entitled "Driveway Standard Detail." (d) Any interior walls covered parking areas shall be finished with exterior finish material. General storage cabinets of not less than one hundred (100) cubic feet capacity shall be provided for each dwelling unit and shall be located within the covered parking area or conveniently located thereto. Adequate bumper guards shall be provided to protect any interior walls from damage. (2) Minimum Dimensions of Parking Spaces. The minimum dimensions of parking spaces shall comply with the requirements of Section 18.06.040 of the Anaheim Municipal Code. (a) All open parking areas and their adjacent vehicular accessways shall be landscaped. Landscaping shall include at least one tree per three thousand square feet of open parking area and vehicular accessway evenly distributed throughout the open parking areas. (p) Vehicle Access Requirements. Every apartment and/or dwelling unit shall be located within two hundred (200) feet of, and be served by, such public or private accessways that will provide adequate access and circulation for pedestrian and for vehicular traffic, including fire, utility, trash collection and other essential services. 12 (1) All vehicular access ways shall permit a minimum turning radius of twenty-five (25) feet.. (2) All vehicular parking areas and facilities shall be designed in a manner which precludes vehicles from backing onto public streets, excepting local streets. (q) Site Screening (replaces Section 18.34.068). (1) A solid decorative type wall, landscaped earthen berm, or any combination thereof totalling not less than six (6) feet in height, shall be provided along the boundary adjacent to single-family developments, and, unless sound attenuation studies show that a wall is not needed, along the boundaries of landscaped areas abutting arterial highways. Berms may be located in or adjacent to the landscaped area setback for the arterial highway. Walls will be located immediately adjacent to the landscaped area. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the building pad of the dwelling units located nearest any such abutting boundary. Any fencing located in a manner which may obstruct scenic views from a public right-of-way shall consist of decorative open-work materials. All fencing plans shall be submitted to the Planning Department in connection with site plan review and shall be subject to the review and approval of the Planning Commission. Minor deviations/modifications may be subject to the review and action of the Planning Director provided said deviations/modifications are in substantial conformance with the plans approved by the Planning Commission. (2) No wall or berm shall be required across any approved vehicular or pedestrian accessway. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the erection of such a wall or berm would not be a practical exercise of sound engineering practices. (4) Where required walls are constructed at the top of any slope which is not the property line, maintenance access openings to the slope area shall be provided in the wall on each lot. (r) Required Refuse Storage Areas. Refuse storage shall conform to the standards as shown on the document "Minimum Acceptable Trash Collection Areas." Said storage areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets or highways. 13 (s) Handicapped Access and Elevators All dwelling units shall be constructed and maintained in a manner which provides physically handicapped access to residents and guests (by ramps or other means complying with all applicable Uniform Building Code requirements) for all dwelling units located on the first floor of dwelling units located nearest to ground level. .020 Development Areas 9, a, 11b, 12 and 19 - Apartments or Condominiums/Townhomes. This zone is intended to provide for and encourage the orderly development of attached multiple -family dwellings (should apartments be developed within this zone, a maximum of 200 apartment dwelling units shall be permitted) or attached one -family dwellings (if condominiums/townhomes) in areas appropriate for Hillside Medium Density Residential development as indicated on the Cypress Canyon Development Plan (Exhibit 9 of the Specific Plan document). All standards of the "RM-2400(SC)" Zone (Chapters 18.32 and 18.84) as amended herein, shall apply as provided below: (a) Permitted Accessory Uses (replaces Section 18.32.030). (1) Garages, carports, and utility rooms or structures (2) Recreational buildings, structures and uses, including but not limited to swimming pools, cabanas, dressing rooms, golf course, putting green and court game areas. (3) Small Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code. (4) Large Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code provided an Administrative Use Permit is obtained as provided in Chapter 18.10 of the Anaheim Municipal Code. (5) Home occupations in compliance with all conditions and limitations for said use as prescribed in Section 18.02.052.040 "Home Occupations of the Anaheim Municipal Code." (6) Exterior mounted antennas pursuant to Sections 18.84.042.030 and .040. (b) Conditional Uses (replaces Section 18.32.050). (1) Churches and accessory uses (2) Daycare facilities (greater than twelve (12) children) (3) Senior citizen apartment projects, subject to therequirements of Chapter 18.94 of the Anaheim Municipal Code. (c) Minimum Site Area (replaces Section 18.84.052.010) 14 All sites shall be of sufficient size and width to accommodate anticipated number of dwelling units and parking spaces, open areas and other structures and uses for which provisions are made in this zone. The minimum multi -family project area shall be two and one-half (2.5) acres (Development Area 9 is 7.5 acres, a is 2.5 acres, 11b is 5 acres, 12 is 9 acres and 19 is 3 acres). (d) Minimum Building Site Area per Dwelling Unit. The building site area per dwelling unit shall be a minimum of twenty-four hundred (2,400) square feet. For purposes of this section, building site area is the total development site minus the square footage of all rights-of-way dedicated, or irrevocably offered for dedication, to the public. (e) Minimum Building Site Width. The minimum building site width shall be seventy (70) feet. (f) Maximum Height (replaces Section 18.32.062.011-013). (1) The maximum height of any building shall not exceed two and one-half (2 1/2) stories or 35 feet in height. The height of all structures shall be measured from the highest portion of the structure to the ground floor elevation directly below that point, including any architectural projections. (2) Within one hundred and fifty (150) feet of any single-family zone, the maximum height of any building shall not exceed one (1) story or 25 feet in height, unless detailed drawings are submitted to the Planning Commission showing that no proposed buildings greater than one-story in height visually intrude on any abutting or adjacent single-family dwelling, in no event, however, shall any such building be located less than fifty (50) feet from any such residential zone. Required proof that there will be no visual intrusion from the proposed building including, but not necessarily limited to: terrain differentials; garages or single -story structures located in a manner to preclude visual intrusion, blank building walls without windows, and orientation of windows and balconies in a way which will not overlook single-family dwellings or visually intrude on the privacy of such dwellings. (g) Maximum Site Coverage. The maximum coverage by all residential and accessory buildings shall be forty percent (40%) of the building site area. Recreational -leisure area buildings and facilities shall not be included in the calculation of coverage. 15 (h) Minimum Floor Area of Dwelling Units (replaces Section 18.32.062.030). The floor area per dwelling shall be not less than as provided herein: Bachelor Units: 750 square feet (The number of bachelor units not to exceed twenty (20%) of the total project) One bedroom Units: 900 square feet Two bedroom Units: 1000 square feet Three bedroom Units: 1150 square feet, plus not less than 125 square feet for each additional bedroom in excess of three (i) Structural Setback Requirements (replaces Sections 18.84.052.020 and 18.32.063.011). Abutting upon any arterial highway, there shall be provided an average fully landscaped building setback of thirty (30) feet with no setback less than twenty-five (25) feet; otherwise a twenty foot (20') fully landscaped setback shall be required from a local street. 0) Setback and Yard Regulations. Setbacks shall be determined in relation to the orientation of building walls. A "Primary Wall" is defined as that side of the building which has rooms such as living rooms, family rooms, kitchens, etc. and which is oriented to primary private outdoor patios, deck or yards. A "Secondary Wall" is defined as that side of the building with secondary rooms such as secondary bedrooms, bathrooms and dens which may or may not be oriented to a secondary outdoor area. A "Blank Wall" is defined as having no doors or windows. Primary Secondary Blank Wall Wall Wall Primary Wall 30 feet 30 feet 25 feet Secondary Wall 30 feet 20 feet 20 feet Blank Wall 25 feet 20 feet 15 feet (k) Required Improvement of Yards and Setback Areas. Yards and setback areas shall be landscaped with lawn, trees, shrubs or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Pedestrian walks and vehicular accessways may be permitted in said areas. The following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plant materials: (1) Fountains, ponds, sculptures and planters. (2) Fences, walls and hedges. In front yards (replaces Section 18.04.043.101), the maximum height of any fence, wall or hedge shall not exceed thirty-six (36) inches within any required front setback area provided plans shall be reviewed 16 and approved by the City Traffic and Transportation Manager as not obstructing vehicular line of -sight; (1) Required Recreational -Leisure Areas. In recognition of favorable climatic conditions and the "outdoor living" habits of local residents, the following standards are found to be necessary to assure a desirable living environment consistent with the established quality of residential areas in the community. (1) (Combines Sections 18.32.060.032 and 18.32.080.020) The project shall include recreational -leisure area of not less than 750 square feet per dwelling unit and provide usable recreational -leisure space for each dwelling unit provided as private patios, accessible balconies, roof gardens and/or common recreational -leisure area facilities (such as recreation rooms, swimming pools, saunas or jacuzzis, tot lots and exercise rooms) as provided hereafter. (2) Minimum Area of Private Recreational -Leisure Areas. (replaces Section 18.32.060.033) Private patios for ground floor units or studio type units shall be not less than two hundred (200) square feet in area, the least dimension of which shall be not less than ten (10) feet: provided, however, that where private patios are provided for dwelling units located entirely above the ground floor, such areas shall be accessible balconies or decks, and shall have a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet. (3) Common Recreational -Leisure Areas. Any common recreational -leisure areas provided pursuant to this section shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate required areas or setbacks between buildings provided that any building or structure encroaching into the air space above a common recreational -leisure area shall maintain a minimum height clearance of seven and one-half (7-1/2) feet, or such other height as required by the Uniform Building Code. The common recreational -leisure area may incorporate any required yard areas other than front yards or other street setback areas, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. In no event shall any common recreational -leisure area have a minimum dimension of less than ten (10) feet. (4) Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas provided pursuant to this section shall be landscaped with lawn, trees, shrubs or other plant materials 17 with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscapes, sculpture, planters and decorative screen -type walls, installed incidentally to the primary plant materials in the landscaping shall be permitted. All common recreational -leisure areas and other required open space areas shall be built in accordance with approved landscape and irrigation plans prepared under the direction of a licensed landscape architect, and shall be installed and permanently maintained in a neat and orderly manner as a condition to lawful exercise of the uses permitted on the building site. (m) Permitted Encroachments into Required Yards. The following structures and items may be permitted to encroach into yards required in this zone subject to compliance with the limitations and conditions for such encroachments prescribed in Section 18.04.043 "Permitted Encroachments into Required Yards" and as provided herein: (1) Building connections extending into rear yards. (2) Balconies and Exterior Stairways. Open, enclosed stairways or balconies not covered by a roof or canopy may extent or project into a required rear yard not more than four (4) feet and into a required front yard not more than thirty (30) inches provided that no such structure shall project into more than fifty (50%) of any required yard or setback. (3) Carports or porte-cocheres. (4) Cornices, eaves, belt courses, sills, buttresses and fireplaces. (5) Fire escapes. (6) Guardrails. (7) Fences, walls and hedges, in compliance with 0)(2) (8) Porches, platforms and landing places. (9) Signs, in compliance with Section 18..060 "Sign Regulations" of Specific Plan SP90-3. (n) Location and Orientation of Buildings. (1) Minimum Distances Between Buildings. The minimum distances between any buildings shall be not less than as provided herein; whether the spaces required herein are covered or open to the sky: (2) The minimum distance between parallel walls of two (2) main buildings or between two (2) parallel facing walls of the same building shall be the sum of the yard depth requirements of both walls, as determined by the provisions of Section 18.32.063.020; provided, however, that the distance between two (2) parallel main buildings facing each other 18 may be reduced if the extent of their overlap does not exceed twenty percent (20%) of the length of either facing wall. The minimum distance between said buildings shall be equal to the full yard depth requirements of the longer facing wall plus three-fourths (3/4) of the yard depth requirement of only the overlapping portion of the shorter facing wall. (3) In order to provide for obliquely aligned buildings, the required distance between two (2) main buildings may be decreased a maximum of five (5) feet at one end if increased an equal distance at the other end, provided that the minimum distance in no case shall be less than ten (10) feet. (4) Minimum Width of Pedestrian Access ways. All pedestrian access ways shall have a minimum width of eight (8) feet, whether covered or open to the sky. (o) Parking (Combines Section 18.32.066.010 and 18.06.050.0121). For each unit there shall be provided not less than one and one-half (1.5) off-street parking spaces for each bachelor unit, not less than two and one-half (2.5) parking spaces for each one -bedroom or two-bedroom unit, and not less than three and one-half (3.5) parking spaces for each three-bedroom or larger unit. At least two (2) parking spaces per dwelling unit shall be covered, except that only one (1) required space for each bachelor unit need be covered. Of the number of required parking spaces, one-quarter (.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 access ways. (1) Design of off-street Parking Spaces and Areas (replaces Sections 18.06.050.0122, 0123, 0125-0127). All covered spaces shall be located within 150 feet of (as measured in a straight line), and be readily accessible to, the dwelling unit served. Required open spaces shall be located within 200 feet of the unit served. (a) Tandem parking of not more than two (2) vehicles deep shall be permitted for required covered parking when the two (2) spaces are assigned to the same dwelling unit. Required open spaces shall be permitted in tandem to covered spaces and shall be provided in a driveway having minimum dimensions of sixteen (16) feet wide and twenty-five (25) feet long where covered spaces are in a garage equipped with a standard tilt up garage door and a sixteen (16) foot wide and twenty foot long driveway where no door or a roll up garage door is used. Notwithstanding the foregoing, not more than twenty-five percent (25%) of the required number of covered off-street parking spaces shall be 19 permitted to be tandem parking spaces in multiple -family dwelling projects. The term 'tandem parking space' as used in this section shall mean any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egrees from such parking space blocked by a vehicle properly parked in a contiguous parking space." (b) Required open spaces for residents and tenants shall be unassigned, and no fee shall be assessed for their use. (c) Parking areas shall be screened by means of plant landscaping or architectural devices from adjacent streets and properties and from living or recreational -leisure areas to a height of 36 inches with the exception of Area E. "Line -of -Sight for Pedestrians," as shown on Standard Plan No. 135 entitled "Driveway Standard Detail." (d) Any interior walls covered parking areas shall be finished with exterior finish material. General storage cabinets of not less than one hundred (100) cubic feet capacity shall be provided for each dwelling unit and shall be located within the covered parking area or conveniently located thereto. Adequate bumper guards shall be proved to protect any interior walls from damage. (2) Minimum Dimensions of Parking Spaces. The minimum dimensions of parking spaces shall comply with the requirements of Section 18.06.040 of the Anaheim Municipal Code. (p) Vehicle Access Requirements. Every apartment dwelling unit shall be located within two hundred (200) feet of, and be served by, such public or private accessways that will provide adequate access and circulation for pedestrian and for vehicular traffic, including fire, utility, trash collection and other essential services. (1) All vehicular accessways shall permit a minimum turning radius of twenty-five (25) feet. (2) All vehicular parking areas and facilities shall be designed in a manner which precludes vehicles from backing onto public streets. (q) Site Screening (replaces Section 18.32.068). 20 (1) A solid decorative type wall, landscaped earthen berm, or any combination thereof totaling not less than six (6) feet in height, shall be provided along the boundary adjacent to single-family developments, and, unless sound attenuation studies show that a wall is not needed, along the boundaries of landscaped areas abutting arterial highways. Berms may be located in or adjacent to the landscaped area setback for the arterial highway. Walls will be located immediately adjacent to the landscaped area. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the building pad of the dwelling units located nearest any such abutting boundary. Any fencing located in a manner which may obstruct scenic views from a public right-of-way shall consist of decorative open-work materials. All fencing plans shall be submitted to the Planning Department in connection with site plan review and shall be subject to the review and approval of the Planning Commission. Minor deviations/modifications may be subject to the review and action of the Planning Director provided said deviations/modifications are in substantial conformance with the plans approved by the Planning Commission. (2) No wall or berm shall be required across any approved vehicular or pedestrian accessway. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the erection of such a wall or berm would not be a practical exercise of south engineering practices. (4) Where required walls are constructed at the top of any slope which is not the property line, maintenance access openings to the slope are shall be provided in the wall on each lot. (r) Required Refuse Storage Areas Refuse storage shall conform to the standards as shown on the document "Minimum Acceptable Trash Collection Areas." Said storage areas shall be designed, located or screened so as not to be readily identifiable from adjacent streets or highways. (s) Handicapped Access and Elevators (replaces Section 1834.070) All dwelling units shall be constructed and maintained in a manner which provides physically handicapped access to residents and guests (by ramps or other means complying with all applicable Uniform Building Code requirements) for all dwelling units located on the first floor of dwelling units located nearest to ground level. 21 .030 Development Areas 6, 13, 14, 15, 16 and 17 - RS -4000 Detached Single -Family Dwellings. This zone is intended to provide for and encourage the orderly development of detached single-family dwellings in areas appropriate for Hillside Low -Medium Density Residential development as indicated on the Cypress Canyon Development Plan (Exhibit 9 of the Specific Plan document). All standards of the "RS-5000(SC)" Zone (Chapters 18.27 and 18.84), as amended herein, shall apply as provided below: (a) Permitted Accessory Uses (1) Garages, carports, and utility rooms or structures. (2) Recreational buildings, structures and uses, including, but not limited to, swimming pools, cabanas, dressing rooms, and court game areas. (3) Small Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code. (4) Large Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code provided an Administrative Use Permit is obtained as provided in Chapter 18.10 of the Anaheim Municipal Code. (5) Home occupations, in compliance with all conditions and limitations for said use as prescribed in Section 18.02.052.040 "Home Occupations" of the Anaheim Municipal Code. (6) Exterior mounted antennas pursuant to Section 18.84.042.030 and .040. (b) Conditional Uses (replaces Section 18.27.050) (1) Churches and accessory uses (2) Daycare facilities (greater than twelve (12) children) (c) Minimum Building Site (Lot and Building Pad Area). A minimum four thousand (4,000) square feet building site or lot shall be required; however, a minimum of 20% of the total number of lots in the RS -4000 zone shall be a minimum of 4,500 square feet. The minimum building pad area shall be 4,000 square feet. The term "building pad area" as used herein shall mean the level buildable area of the lot or parcel including any required setbacks, but excluding (i) any material at manufactured slopes and (ii) any public or private street or alley rights-of-way and public or private easements for ingress and egress. (d) Minimum Building Site Width (replaces Section 18.27.061.020). Minimum building site width shall be 40 feet, measured from the minimum front setback line of ten (10) feet, except when the building is located farther back than the required minimum setback line, the width shall then be measured at the actual 22 setback provided. A site plan shall be required to delineate the actual building location. when the width is measured at the minimum setback line no site plan shall be required. A maximum of ten (10) percent of the total lots created in the RS -4000 zoning district within a Development Area may have the width measured at the actual setback line excepting flag type lot. (e) Minimum Building Site Width for Cul -de -Sac and Knuckle Lots (replaces Section 18.27.061.021). Minimum building site width for Cul-de-sac and knuckle lots shall be 35 feet measured from the minimum front setback line of fifteen (15) feet, except when the building is located farther back than the required minimum setback line, the width shall then be measured at the actual setback provided. A site plan shall be required to delineate the actual building location. When the width is measured at the minimum setback line no site plan shall be required. A maximum of ten (10) percent of the total lots created in the RS -4000 zoning district within a Development Area may have the width measured at the actual setback line excepting Flag type lots. (f) Density (replaces Section 18.27.061.030). The building site area per dwelling unit shall be a minimum of 4000 square feet. (g) Minimum Lot Frontage Width of Flag Lots. The minimum lot frontage width at the right-of-way shall be 20 feet except where a reciprocal ingress/egress easement has been provided for two (2) adjacent flag lots whereby the minimum lot frontage shall be ten feet (10') per lot. The minimum driveway width shall be twenty (20) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designated. (h) Structural Height and Area Limitations (1) Maximum Structural Height (replaces Section 18.84.042.010). The maximum height of any one -family dwelling or other structure shall not exceed thirty (30) feet. The building height shall be measured from the highest exceptions, as described in (b)(1) and (b)(2) below, to the finish grade level located directly below said point. (2) Height Exceptions (a) Chimneys erected and maintained as an integral feature of a dwelling may exceed the applicable height limitations of this section. (b) Architectural features (except chimneys) provided any horizontal roof ridgeline does not exceed ten (10) feet in length nor ten (10) percent of the combined total length of 23 all horizontal roof ridgelines on the structure, whichever is less, may exceed the applicable height limitations of this section provided: (1) The maximum height of any such embellishment shall not exceed thirty-five (35) feet; and (2) The combined total horizontal area of all such embellishments exceeding the thirty (30) foot height limitation shall not exceed ten (10) percent of the total roof area. (i) Coverage and Open Space Requirements (replaces Section 18.27.062.030 and 031). The maximum lot coverage shall be 45% by all residential and accessory buildings, with no additional open space requirement. (1) Swimming pools, spas, patio covers, tool sheds, and gazebos shall not be considered as structures in ascertaining lot coverage. 0) Minimum floor area per dwelling unit shall not be less than twelve hundred twenty five (1,225) square feet, exclusive of any garage area. (k) Lot Depth (Adjacent to Arterial Highways) (replaces Section 17.08.630.020). Depth of lots adjacent to an arterial highway (East and West Loop Roads) shall conform to the requirements of Title 17 of the Anaheim Municipal Code with the exception of residential lots which are separated by an open space or landscaped lot, which shall be defined in sub -section (1). (1) Minimum Landscaped Area (replaces Section 17.08.640) (Adjacent to Street "D' Coal Canyon Road and East West Loop Road). Minimum landscaped area, include slope areas shall be a minimum of 10 feet for downslope conditions and 14 feet for upslope conditions or flat areas, varying between conditions. (m) Single-family Structures which Side -on to Arterials (East Loop Road West Loop Road and East, West Loop Road). Where single-family residential structures are located either at individual project entries or at the ends of cul-de-sacs (whether conventional or flag lots), and are also adjacent to arterial highways, they may be permitted to side -on such highways, provided said structure is separated from the roadway by an open space or landscaped lot or minimum landscaped area as described in (1) above and further provided that the side yard setback is measured from the open space lot or landscaped easement line. The location of the first driveway for side -on lots shall be subject to review and approval by the Public Works 24 and Engineering Department prior to the approval of the affected tentative tract or parcel maps. (n) Setbacks. (1) Front Yard. A landscaped setback area of not less than ten (10) feet shall be provided and maintained for each single-family dwelling unit site as measured from the right-of-way line indicated by the General Plan or other adopted plans. (2) Front -on Garage (replaces Section 18.27.063.012). The minimum setback for a "front -on" garage shall not be less than twenty-five (25) feet, unless equipped with a roll up garage door then the minimum setback shall be twenty (20) feet. (3) Side -on Garages. The minimum setback for a side -on garage shall be ten (10) feet measured from the property line to the face of the structure. All driveways for side -on garages shall be a minimum of twenty (20) feet as measured at the centerline of the driveway. (4) Sideyard Setback (replaces Section 18.27.063.020). A minimum sideyard setback of five (5) feet from the side wall to property line shall be required, or a minimum setback of ten (10) feet between side walls in the case of zero sideyard plotting and/or "Z" lot configuration. (5) Rear Yard (replaces Section 18.27.063.030). A minimum of ten (10) foot rear yard setbacks for habitable structures. In the case of one-story non -habitable accessory structures (including, but not limited to, patio covers, gazebos, play houses, tool sheds, arbors, and trellises), the minimum setback shall be five (5) feet. (6) Permitted Encroachments Into Required Yards. The following structures and items may be permitted to encroach into yards required in this zone subject to compliance with the limitations and conditions prescribed in Section 18.04.043 of the Anaheim Municipal Code "Permitted Encroachments into Required Yards," and as prescribed herein: (a) Private Garages, in compliance with Section 18.27.063.012 of the Anaheim Municipal Code. (b) Building Connections extending into rear yards. (c) Balconies and Exterior Stairways. (d) Carports and Porte-cocheres. (e) Cornices, Eaves, Belt Courses, sills, Buttresses and Fireplaces. 25 (f) Fireplaces. (g) Guardrails. (h) Porches, Platforms, and Landing Places. (i) Natural Planting Materials. 6) Fences, Walls, and Hedges. (1) In front yards (replaces Section 18.04.043.101), the maximum height of any fence, wall or hedge shall not exceed thirty-six (36) inches within any required front setback area provided plans shall be reviewed and approved by the City Traffic and Transportation Manager as not obstructing vehicular line of -sight; (2) In rear yards (replaces Section 18.04.043.102), fences, walls or hedges not to exceed six (6) feet in height shall be permitted in any required rear or side yard; provided, however, that within the required street side setback of any reversed corner lot or reversed building frontage on a normal corner lot, the provisions of 01) shall apply. (k) Signs, in compliance with Section 18..060 "Sign Regulations" of Specific Plan SP90-3. (7) Location and Orientation of buildings and structures. (a) Single-family Structures to Rear on Arterial Highways (replaces Section 17.08.630.020). Construction or development of single-family residential structures adjacent to arterial highways, as designated on the Circulation Element of the Anaheim General Plan - Arterial Streets and Highways, shall require that residential structures be oriented so as to rear on such highways, except as set forth in Section 18.77.050.030(m) of Specific Plan SP90-3. (b) Minimum Distance Between Buildings. Separation between main and accessory buildings shall be in accordance with the Uniform Building Code as adopted by the City of Anaheim. (o) Required Recreational - Leisure Areas For each dwelling unit subject to these regulations on lots less than 5,000 square feet, there shall be provided a minimum of 125 square feet of 26 common recreational -leisure area within reasonable proximity to the residential building site containing such units. Common recreational -leisure area shall be a minimum of one-third of an acre and may include amenities such as, but not limited to, a swimming pool, restrooms, tot lots, recreation buildings; or, if the per lot requirements equates to less than one-third of an acre, then the common recreational -leisure area shall be a minimum of 1,500 square feet and contain a tot lot or similar recreation facilities. Common recreational -leisure areas may be aggregated to serve more than one residential building site if approved in conjunction with a tentative tract map for an entire Development Area. These common recreational -leisure areas shall have no minimum length or width dimensions. (p) Parking (1) Minimum Number of Parking Spaces (replaces Section 18.27.066.010). A minimum of two (2) parking spaces shall be provided in a garage, in addition to two (2) additional parking spaces shall be provided on the lot or parcel. (2) Minimum Dimensions of Open Parking Spaces (incorporates Sections 18.27.066.020.030 and 18.06.050.011). Minimum dimensions of open parking spaces contained on a driveway shall be 16 feet wide by 25 feet long. Where open spaces are tandem to a garage equipped with a roll up type garage door a sixteen (16) foot wide and twenty (20) foot long driveway shall be provided. (q) Site Screening (replaces Section 18.27.068). (1) A solid decorative type wall, landscaped earthen berm, or any combination thereof, totaling not less than six (6) feet in height, shall be provided along the boundary adjacent to multiple -family developments and, unless sound attenuation studies show that a wall is not needed, along the boundaries of landscaped areas abutting arterials. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the building pad of the dwelling units located nearest any such abutting boundary. Any fencing located in a manner which may obstruct scenic views from a public right-of-way shall consist of decorative open-work materials. All fencing plans shall be submitted to the Planning Department in connection with site plan review and shall be subject to the review and approval of the Planning Commission. Minor deviations/modifications may be subject to the review and action of the Planning Director provided said deviations/modifications are in substantial conformance with the plans approved by the Planning Commission. 27 (2) No wall or berm shall be required across any approved vehicular or pedestrian accessway. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the City Engineer certifies that the erection of such wall or berm would not be a practical exercise of sound engineering practices. (4) Where required walls are constructed at the top of any slope which is not the property line, maintenance access openings to the slope area shall be provided in the wall on each lot. (5) On corner lots formed by the intersection of residential streets with arterial highways, any six (6) foot high wall required for sound attenuation along the rear lot line adjacent to the landscape area shall be extended along the side lot line adjacent to the residential street to the required front setback line subject to approval of the City Traffic and Transportation Manager for line -of -sight requirements. .040 Development Areas 4 and 18 - RS -5000 Detached Single -Family Dwellings. This zone is intended to provide for an encourage the orderly development of detached single-family dwellings in areas appropriate for Hillside Low Density Residential development as indicated on the Cypress Canyon Development (Exhibit 9 of the Specific Plan document). All standards of the "RS-5000(SC)" Zone (Chapters 18.27 and 18.84), as amended herein, shall apply as provided below: (a) Permitted Accessory Uses (replaces Section 18.27.030). (1) Garages, carports and utility rooms or structures (2) Recreational buildings, structures and uses, including, but not limited to, swimming pools, cabanas, dressing rooms, golf course, putting green and court game areas. (3) Small Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code. (4) Home occupations, in compliance with all conditions and limitations for said use as prescribed in Section 18.02.052.040 "Home Occupations" of the Anaheim Municipal Code. (5) Large Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code provided an Administrative Use Permit is obtained as provided in Chapter 18.10. (6) Exterior mounted antennas pursuant to Section 18.84.042.030 and .040. 28 (b) Conditional Uses (replaces Section 18.27.050) (1) Churches and accessory uses (2) Daycare facilities (greater than twelve (12) children) (c) Minimum Building Site and Pad Area (replaces section 18.27.061.010). A minimum five thousand (5,000) square feet building site or lot shall be required. The minimum building pad shall be 4,500 square feet. The term "building pad area" as used herein shall mean the level buildable area of the lot or parcel including any required setbacks, but excluding (1) any material at manufactured slopes and (ii) any public or private street or alley rights-of-way and public or private easements for ingress and egress. (d) Minimum Building Site Width. Minimum building site width shall be forty-five (45) feet, measured from the minimum setback line of ten (10) feet, except where the building is located further back than the minimum setback line, the width shall then be measured at actual setback provided. A site plan shall be required to delineate the actual building location when measured farther back than the required minimum setback line. When the width is measured at the minimum setback line, no site plan shall be required. A maximum of ten percent (10%) of the total lots created in the RS -5000 zoning district within a Development Area may have the width measured at the actual setback line, expecting flag lots. (e) Minimum Building Site Width for Cul -de -Sac and Knuckle Lots. Minimum building site width for cul-de-sac and knuckle lots shall be forty (40) feet as measured from the building setback line. (f) Minimum Lot Frontage Width of Flag Lots. The minimum lot frontage width at the right-of-way shall be 20 feet except where a reciprocal ingress/egress easement has been provided for two (2) adjacent flag lots whereby the minimum lot frontage shall be ten feet (10') per lot. The minimum driveway width shall be twenty (20) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designated. (g) Structural Height and Area Limitations (1) Maximum Structural Height. The maximum height of any one -family dwelling or other structure shall not exceed thirty (30) feet. The building height shall be measured from the highest point of the structure, excluding the Height Exception, as described in (b)(1) and (b)(2) below, to the finish grade level located directly below said point. (2) Height Exceptions 29 (a) Chimneys erected and maintained as an integral feature of a dwelling may exceed the applicable height limitations of this section. (b) Architectural features (except chimneys) provided any horizontal roof ridgeline does not exceed ten (10) feet in length nor ten (10) percent of the combined total length of all horizontal roof ridgelines on the structure, whichever is less, may exceed the applicable height limitations of this section provided: (1) The maximum height of any such embellishment shall not exceed thirty-five (35) feet; and (2) The combined total horizontal area of all such embellishments exceeding the thirty (30) foot height limitation shall not exceed ten (10) percent of the total roof area. (h) Coverage and Open Space Requirements (replaces section 18.27.062.030 and .031). The maximum coverage shall be 40% by all residential and accessory buildings, with no additional open space requirement. (1) Swimming pools, spas, patio covers, tool sheds, and gazebos shall not be considered as structures in ascertaining lot coverage. (i) The minimum floor area per dwelling unit shall not be less than twelve hundred twenty five (1,225) square feet, exclusive of any garage area. 0) Lot Depth (Adjacent to Arterial Highways) (replaces Section 17.08.630.020). Depth of lots adjacent to an arterial highway (East Loop Road) shall conform to the requirements of Title 17 if the Anaheim Municipal Code with the exception of residential lots which are separated by an open space or landscaped lot, which shall be defined by sub-section(k). (k) Minimum Landscaped Area (Adjacent to Street "D" and Coal Canyon Road). Minimum landscaped area, including slope area shall be a minimum of 10 feet for downslope conditions and 14 feet for upslope conditions of flat areas, varying between conditions. (1) Single-family Structures which Side -on to Arterials (East Loop Road). Where single-family residential structures are located either at individual project entries or at the ends of cul-de-sacs (whether conventional or flag lots), and are also adjacent to arterial highways, they may be permitted to side -on such highways, provided said structure is separated from the roadway by an open space or 30 landscaped lot or minimum landscaped area as described in (k) above and further provided that the side yard setback is measured from the open space lot or landscaped easement line. The location of the first driveway for side -on lots shall be subject to review and approval by the Public Works and Engineering Department prior to the approval of the affected tentative tract or parcel maps. (m) Setbacks. (1) Front Yard. A landscaped setback area of not less than ten (10) feet shall be provided and maintained for each single-family dwelling unit site as measured from the right-of-way line indicated by the General Plan or other adopted plans. (2) Front -on Garage. The minimum setback for a "front -on" garage shall not be less than twenty-five (25) feet, unless equipped with a roll up garage door then the minimum setback shall be twenty (20) feet. (3) Side -on Garages. The minimum setback for a side -on garage shall be ten (10) feet measured from the property line to the face of the structure. All driveways for side -on garages shall be a minimum of twenty (20) feet as measured from the center of driveway. (4) Sideyard Setback. A minimum sideyard setback of five (5) feet from the side wall to property line shall be required, or a minimum setback of ten (10) feet between side walls in the case of zero sideyard plotting and/or "T' lot configuration. (5) Rear Yard. A minimum setback of ten (10) feet for two-story structures and five (5) feet for one-story structures rear yard setbacks for habitable structures. In the case of one-story non -habitable accessory structures (including, but not limited to, patio covers, gazebos, play houses, tool sheds, arbors, and trellises), the minimum setback shall be five (5) feet. (6) Permitted Encroachments into Required Yards. The following structures and items may be permitted to encroach into yards required in this zone subject to compliance with the limitations and conditions prescribed in Section 18.04.043 "Permitted Encroachments into Required Yards," and as prescribed herein: (a) Private Garages, in compliance with Section 18.27.063.012 of A.M.C. (b) Building Connections extending into rear yards. (c) Balconies and Exterior Stairways. 31 (d) Carports and Porte-cocheres. (e) Cornices, Eaves, Belt Courses, sills, Buttresses and Fireplaces. (f) Fireplaces. (g) Guardrails. (h) Porches, Platforms, and Landing Places. (i) Natural Planting Materials. 0) Fences, Walls, and Hedges. (1) In front yards (replaces Section 18.04.043.101), the maximum height of any fence, wall or hedge shall not exceed thirty-six (36) inches within any required front setback area provided plans shall be reviewed and approved by the City Traffic and Transportation Manager as not obstructing vehicular line -of -sight; (2) In rear yards (replaces section 18.04.043.102), fences, walls or hedges not to exceed six (6) feet in height shall be permitted in any required rear or side yard; provided, however, that within the required street side setback of any reversed comer lot or reversed building frontage on a normal comer lot, the provisions of 01) shall apply. (k) Signs, in compliance with Section 18..060 "Sign Regulations" of Specific Plan SP90-3. (7) Location and Orientation of Buildings and Structures. (a) Single-family Structures to Rear on Arterial Highways (replaces Section 17.08.63.020). Construction or development of single-family residential structures adjacent to arterial highways, as designated on the Circulation Element of the Anaheim General Plan - Arterial Streets and Highways, shall require that residential structures be oriented so as to rear on such highways, except as set forth in Section 18.77.050.0300) of Specific Plan SP90-3. (b) Minimum Distance Between Buildings. Separation between main and accessory buildings shall be in accordance with the Uniform Building Code as adopted by the City of Anaheim. (n) Parking 32 (1) Minimum Number of Parking Spaces. A minimum of two (2) parking spaces shall be provided in a garage, in addition to two (2) additional parking spaces shall be provided on the lot or parcel. (2) Minimum Dimensions of Open Parking Spaces. Minimum dimensions of open parking spaces contained on a driveway shall be 16 feet wide by 25 feet long. Where open spaces are tandem to a garage equipped with a roll up type garage door, a sixteen (16) foot wide and twenty (20) foot long driveway shall be provided. (o) Site Screening (replaces Section 18.27.068). (1) A solid decorative type wall, landscaped earthen berm, or any combination thereof totalling not less than six (6) feet in height, shall be provided along the boundary adjacent to single-family developments, and, unless sound attenuation studies show that a wall is not needed, along the boundaries of landscaped areas abutting arterial highways. Berms may be located in or adjacent to the landscaped area setback for the arterial highway. Walls will be located immediately adjacent to the landscaped area. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the building pad of the dwelling units located nearest any such abutting boundary. Any fencing located in a manner which may obstruct scenic views from a public right-of-way shall consist of decorative open-work materials. All fencing plans shall be submitted to the Planning Department in connection with site plan review and shall be subject to the review and approval of the Planning Commission. Minor deviations/modifications may be subject to the review and action of the Planning Director provided said deviations/modifications are in substantial conformance with the plans approved by the Planning Commission. (2) No wall or berm shall be required across any approved vehicular or pedestrian accessway. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the erection of such a wall or berm would not be a practical exercise of sound engineering practices. (4) Where required walls are constructed at the top of any slope which is not the property line, maintenance access openings to the slope area shall be provided in the wall on each lot. (5) On corner lots formed by the intersection of residential streets with arterial highways, any six (6) foot high wall required for sound 33 attenuation along the rear lot line adjacent to the landscape are shall be extend along the side lot line adjacent to the residential street to the required front setback line, subject to approval of the City Traffic and Transportation Manager for line -of -sight requirements. .050 Development Area 5 - RS -7200 Detached Single -Family Dwellings. This zone is intended to provide for and encourage the detached single-family dwellings in areas appropriate for Hillside Low Density Residential development as indicated on the Cypress Canyon Development Plan (Exhibit 9 of the Specific Plan document). All standards of the "RS-7200(SC)" Zone (Chapters 18.26 and 18.84), as amended herein, shall apply as provided below: (a) Permitted Accessory Uses (replaces Section 18.26.030) (1) Garages, Carports and utility rooms or structures (2) Recreational buildings, structures and uses, including, but not limited to, swimming pools, cabanas, dressing rooms, golf course, putting green and court game areas. (3) Small Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code. (4) Home occupations, in compliance with all conditions and limitations for said use as prescribed in Section 18.02.052.040 "Home Occupations". (5) Large Family Day Care Homes as defined in Section 18.01.070 of the Anaheim Municipal Code provided an Administrative Use Permit is obtained as provided in Chapter 18.10 of the Anaheim Municipal Code. (6) Exterior mounted antennas pursuant to Section 18.84.042.030 and .040. (b) Conditional Uses (replaces Section 18.26.050) (1) Churches and accessory uses (2) Daycare facilities (greater than twelve (12) children) (c) Minimum Building Site and Building Pad Area (replaces Section 18.26.061.010). Each lot shall have a minimum area of seven thousand, two -hundred (7,200) square feet. The minimum building pad shall be five thousand (5,000) square feet except that 5% in a tentative map may be a minimum of four thousand, five hundred (4,500) square feet. The term "building pad area" as used herein shall mean the level buildable area of the lot or parcel including any required setbacks, but excluding (1) any material at manufactured slopes and (ii) any public or private street or alley rights-of-way and public or private easements for ingress and egress. 34 (d) Minimum Building Site Width (replaces Section 18.26.061.020). Minimum building site width shall be 70 feet, measured from the minimum front setback line of ten (10) feet, except when the building is located farther back than the required minimum setback line, the width shall then be measured at the actual setback provided. A site plan shall be required to delineate the actual building location when the width is measured further back then the required minimum setback lines when the width is measured at the minimum setback line no site plan shall be required. A maximum of ten percent (10%) of the total lots created within the RS -7,200 zoning district within a development area may have the width measured at the actual setback line, excepting Flag type lots. (e) Minimum Building Site Width for Cul -de -Sac and Knuckle Lots. The minimum building site width for cul-de-sac and knuckle lots shall be 45 feet measured from the minimum front setback line of fifteen (15) feet, except when the building is located farther back than the required minimum setback line, the width shall then be measured at the actual setback provided. A site plan shall be required to delineate the actual building location. When the width is measured further back then the required minimum setback lines. When the width is measured at the minimum setback line no site plan shall be required. A maximum of ten percent (10%) of the total lots created within the RS -7,200 zoning district within a development area may have the width measured at the actual setback line, excepting Flag type lots. (f) Density. The building site area per dwelling unit shall be a minimum of seven thousand two- hundred (7,200) square feet. (g) Minimum Lot Frontage Width of Flag Lots. The minimum lot frontage width at the right-of-way shall be 20 feet except where a reciprocal ingress/egress easement has been provided for two (2) adjacent flag lots whereby the minimum lot frontage shall be ten feet (10) per lot. The minimum driveway width shall be twenty (20) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designated. (h) Structural Height and Area Limitations (1) Maximum Structural Height (replaces 18.84.042.010 and .020,.0201 and .0202). The maximum height of any one -family dwelling or other structure shall not exceed two (2) stories or thirty-two (32) feet. (2) Height Exceptions (a) Chimneys erected and maintained as an integral feature of a dwelling may exceed the applicable height limitations of this section. 35 (b) Architectural features (except chimneys) provided any horizontal roof ridgeline does not exceed ten (10) feet in length nor ten (10) percent of the combined total length of all horizontal roof ridgelines on the structure, whichever is less, may exceed the applicable height limitations of this section provided: (1) The maximum height of any such embellishment shall not exceed thirty-seven (37) feet; and (2) The combined total horizontal area of all such embellishments exceeding the thirty-two (32) foot height limitation shall not exceed ten (10) percent of the total roof area. (i) Coverage and Open Space Requirements (replaces Sections 18.26.062.030-031 and 18.26.062.040). The maximum lot coverage shall be 40% by all residential and accessory buildings with no additional open space requirement. (1) Swimming pools, spas, patio covers, tool sheds, and gazebos shall not be considered as structures in ascertaining lot coverage. (j) Minimum floor area per dwelling unit shall be not less than twelve hundred twenty-five (1,225) square feet, exclusive of any garage area. (k) Lot Depth (Adjacent to Arterial Highways) (replaces Section 17.08.630.020). Depth of lots adjacent to an arterial highway (East Loop Road) shall conform to the requirements of Title 17 of the Anaheim Municipal Code with the exception of residential lots which are separated by an open space or landscaped lot, which shall be defined by sub-section(1). (1) Single-family Structures which Side -on to Arterials (East Loop Road). Where single-family residential structures are located either at individual project entries or at the ends of cul-de-sacs (whether conventional or flag lots), and are also adjacent to arterial highways, they may be permitted to side -on such highways, provided said structure is separated from the roadway by an open space or landscaped lot or minimum landscaped area as described in (k) above and further provided that the side yard setback is measured from the open space lot or landscaped easement line, the location of the first driveway for side -on lots shall be subject to review and approval of Public Works and Engineering Department prior to approval of tentative tract or parcel maps. 36 (m) Setbacks. (1) Front Yard. (replaces Section 18.26.063) A landscaped setback area of not less than ten (10) feet shall be provided and maintained for each single-family dwelling unit site as measured from the right-of-way line indicated by the General Plan or other adopted plans, except in the following cases: (2) Front -on Garage (replaces Section 18.27.063.012). The minimum setback for a "front -on" garage shall not be less than twenty-five (25) feet, unless equipped with a roll up type garage door, the minimum setback shall be twenty (20) feet. (3) Side -on Garages. The minimum setback for a side -on garage shall be ten (10) feet measured from the property line to the face of the structure. All driveway for side -on garages shall be a minimum of twenty (20) feet as measured from the center of the driveway. (4) Sideyard Setback (replaces Section 18.27.063.020). A minimum sideyard setback of five (5) feet from the side wall to property line shall be required, or a minimum setback of ten (10) feet between side walls in the case of zero sideyard plotting. (5) Rear Yard (replaces Section 18.27.063.030). A minimum setback of twenty-five (25) feet. In the case of one-story non -habitable accessory structures (including, but not limited to, patio covers, gazebos, play houses, tool sheds, arbors, and trellises), the minimum setback shall be ten (10) feet. (6) Permitted encroachments into required yards. The following structures and items may be permitted to encroach into yards required in this zone subject to compliance with the limitations and conditions prescribed in Section 18.04.043 "Permitted Encroachments into Required Yards," and as prescribed herein: (a) Private Garages, in compliance with Section 18.27.063.012 of A.M.C. (b) Building Connections extending into rear yards. (c) Balconies and Exterior Stairways. (d) Carports and Porte-cocheres. (e) Cornices, Eaves, Belt Courses, Sills, (f) Fireplaces. (g) Guardrails. (h) Porches, Platforms, and Landing Places. (i) Natural Planting Materials. 37 0) Fences, Walls, and Hedges. (1) In front yards (replaces Section 18.04.043.101), the maximum height of any fence, wall or hedge shall not exceed thirty-six (36) inches within any required front setback area provided plans shall be reviewed and approved by the City Traffic and Transportation Manager as not obstructing vehicular line of -sight; (2) In rear yards (replaces Section 18.04.043.102), fences, walls or hedges not to exceed six (6) feet in height shall be permitted in any required rear or side yard; provided, however, that within the required street side setback of any reversed corner lot or reversed building frontage on a normal comer lot, the provisions of 01) shall apply. (k) Signs, in compliance with Section 18..060 'Sign Regulations' of Specific Plan SP90-3. (7) Location and Orientation of Buildings and Structures. (a) Single-family Structures to Rear on Arterial Highways. Construction or development of single-family residential structures adjacent to arterial highways, as designated on the Circulation Element of the Anaheim General Plan - Arterial Streets and Highways, shall require that residential structures be oriented so as to rear on such highways, except as set forth in Section 18.77.050.030(1) of Specific Plan SP90-3. (b) Minimum Distance Between Buildings. Separation between main and accessory buildings shall be in accordance with the Uniform Building Code as adopted by the City of Anaheim. (n) Parking (1) Minimum Number of Parking Spaces (replaces Section 18.26.066.010). A minimum of two (2) parking spaces shall be provided in a garage, in addition to two (2) additional parking spaces shall be provided on the lot or parcel. (2) Minimum Dimensions of Open Parking Spaces (replaces Sections 18.26.066.020-030). Minimum dimensions of open parking spaces contained on a driveway shall be 16 feet wide by 25 feet long. Where open spaces are tandem to a garage equipped with a roll up type garage door a sixteen (16) foot wide and twenty foot long driveway shall be provided. (o) Site Screening (replaces Section 18.26.068). (1) A solid decorative type wall, landscaped earthen berm, or any combination thereof totalling not less than six (6) feet in height, shall be provided along the boundary adjacent to single-family developments, and, unless sound attenuation studies show that a wall is not needed, along the boundaries of landscaped areas abutting arterial highways. Berms may be located in or adjacent to the landscaped area setback for the arterial highway. Walls will be located immediately adjacent to the landscaped area. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the building pad of the dwelling units located nearest any such abutting boundary. Any fencing located in a manner which may obstruct scenic views from a public right-of-way shall consist of decorative open-work materials. All fencing plans shall be subject to the approval of the Planning Commission.. (2) No wall or berm shall be required across any approved vehicular or pedestrian accessway. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the erection of such a wall or berm would not be a practical exercise of sound engineering practices. (4) Where required walls are constructed at the top of any slope which is not the property line, maintenance access openings to the slope area shall be provided in the wall on each lot. (5) On corner lots formed by the intersection of residential streets with arterial highways, any six (6) foot high wall required for sound attenuation along the rear lot line adjacent to the landscape area shall be extend along the side lot line adjacent to the residential street to the required front setback line, subject to approval of the City Traffic and Transportation Manager for line -of -sight requirements. .060 Development Areas 1 and 2. Areas to be developed for a neighborhood convenience shopping center. All standards of the "CL (SC)" Commercial Zone, as amended herein, shall apply as provided below. (a) Permitted Primary Uses and Structures. The following retail stores and service businesses, either singly or in combination, may be permitted in this 39 zone subject to the limitations prescribed in Section b "Limitations and Exceptions to Permitted Uses and Structures," and as provided herein: (1) ANTIQUE SHOP. (2) APPLIANCE STORE, including radio and TV, with or without repair service. (3) BAKERY (not employing more than five persons). (4) BARBER AND/OR BEAUTY SHOPS. (5) BOOK STORES, new or used. (6) BROADCASTING STUDIOS, RADIO OR TV. (7) CLOTHING OR APPAREL STORES, including tailor and dressmaking shops, millinery, etc., dealing in new or reconditioned used merchandise. (8) CONSERVATORIES OR STUDIOS: art, music, dancing, photography, etc. (9) DEPARTMENT, NOTION OR VARIETY STORES. (10) DRUGSTORE OR PHARMACY. (11) FURNITURE STORES: new (finished or unfinished), used, etc. (12) MARKETS OR GROCERY STORES having an interior building floor area of not less than 15,000 square feet. (13) HEALTH SPAS AND PHYSICAL FITNESS CENTERS (if less than 4,000 square feet in gross floor area). (14) HOBBY SHOPS. (15) INTERIOR DECORATOR. (16) JEWELERS OR LAPIDARY SHOPS. (17) LABORATORY: MEDICAL OR DENTAL. (18) LAUNDRY AND/OR DRY CLEANING ESTABLISHMENTS (coin or attendant operated) including retail collection and distribution stations, but excluding wholesale operations. (19) LIQUOR STORE: "Off -sale" alcoholic beverage only. (20) LOCKSMITH. (21) MEAT MARKET OR DELICATESSEN. (22) RECONDITIONED USED MERCHANDISE SALES. (23) REPRODUCTION SERVICES, INCLUDING, BUT NOT LIMITED TO, BLUEPRINTING, DRAFTING, JOB PRINTING, MICROFILMING, ETC. (24) RETAIL SUPPLY STORES, INCLUDING BUT NOT LIMITED TO VEHICLE ACCESSORIES AND PARTS, BOOKS, HARDWARE, PET SHOPS, PHOTOGRAPHIC, SPORTING GOODS, TOBACCONISTS, TOYS, YARDAGE, ETC. (25) RESTAURANTS (enclosed only). 40 (26) RENTAL SERVICES: HOUSEHOLD, SICKROOM, OFFICE, EQUIPMENT, COSTUMES, ETC. (27) SECRETARIAL OR ANSWERING SERVICES. (28) SHOE STORES, SALES OR REPAIR. (29) BUSINESS SERVICE FIRMS INCLUDING ARCHITECTURAL, ENGINEERING, DRAFTING SERVICES, MARKET RESEARCH, SECRETARIAL OR ANSWERING SERVICES, TAILORS OR OTHER SIMILAR USES. (30) BUSINESS AGENCIES INCLUDING ADVERTISING, TRAVEL, CREDIT, FINANCE, EMPLOYMENT AND OTHER SIMILAR USES. (31) BUSINESS OFFICES INCLUDING ACCOUNTING, BOOKKEEPING, INSURANCE, LEGAL, REAL ESTATE, PUBLIC UTILITIES, BUSINESS OR PERSONAL CONSULTANTS AND OTHER SIMILAR USES. (32) FINANCIAL OFFICES AND INSTITUTIONS INCLUDING BANKS, TRUST COMPANIES, SAVINGS AND LOAN ASSOCIATIONS, SECURITY OR COMMODITY EXCHANGES AND OTHER SIMILAR USES. (33) MEDICAL AND DENTAL OFFICES. (b) Limitations and Exceptions to Permitted Uses and Structures. Notwithstanding any other provisions of this chapter, the following limitations shall apply for the conduct of any use permitted in the CL Zone: (1) All stores shall deal primarily in new merchandise, excepting as otherwise specified. (2) All uses except normal service station operations and those specifically excepted hereinafter shall be conducted wholly within a building. (3) All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, vibrations or other similar causes. (4) No business activity for which a permit is required pursuant to Chapter 4.29 or 4.31 of this Code or any other business activity wherein patronage and/or employment is limited to persons eighteen (18) years of age or older, except in activity authorized by Chapter 7.34 hereof, shall be permitted unless a conditional use permit is first obtained therefor. 41 (5) No combination of otherwise permitted uses or businesses which constitute a "Commercial Retail Center" as defined in Section 18.01.040 of this Code shall be permitted unless a Conditional Use Permit is first obtained therefor pursuant to Chapter 18.03 hereof. (c) Permitted Accessory Uses And Structures. The following accessory uses may be conducted where clearly incidental to, and integrated within a primary use structure except as otherwise provided herein: (1) Automobile parking lots or structures (commercial or private), including open-air lots and enclosed or underground facilities; provided any such facilities are improved in compliance with adopted parking lot development standards. (2) Banquets, indoor or outdoor, when conducted as an incidental and occasional activity in conjunction with an enclosed restaurant. (3) Dwelling, where used by a proprietor, manager or custodian of a use permitted within this zone, provided that the minimum floor area of such a dwelling shall be that required in the RM -1200, Multiple -Family Residential Zone. (4) The Manufacturing, Processing, Repair, Treatment, or Storage of products which is clearly incidental to the retail business conducted on the premises shall be permitted provided that such manufacturing, processing, repair treatment or storage operations are not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. (5) The wholesaling of products, where clearly incidental to and integrated within a primary use structure. (6) Ice vending machines, of three tons capacity or less, may be located within a structure on the premises occupied by a primary use subject to all other provisions of this zone. (7) Tobacco, Candy, newspaper and magazine counters (where clearly incidental to a primary use structure). (8) Reverse vending machines and small collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of the Anaheim Municipal Code. 42 (9) Signs in compliance with the provisions of Section 18.77.090 herein. (d) Conditional Uses. (1) Mixed Use Development, including the following uses: -Research Services. -Administrative and Office. -Professional Design Services. -Light Wholesale and Enclosed Storage and Distribution. -Business Support Services. (2) Alcoholic beverage "on -sale" facilities, whether or not integrated with a restaurant. (3) Animal hospitals and/or kennels where integrated with a shopping center subject to the requirements of chapter 18.87 of the Anaheim Municipal Code. (4) Automobile service stations where integrated with a shopping center subject to the requirements of Chapter 18.87 of the Anaheim Municipal Code. Provided that as a condition for the granting of a conditional use permit for an automobile service station, the applicant shall agree in writing to remove the structures in the event that the station is closed for a period of twelve consecutive months. A service station shall be considered closed during any month which is open for less than fifteen (15) days. (5) Child nurseries, with six (6) or more children. (6) Churches. (7) Commercial Retail Centers as defined in Section 18.01.040 of the Anaheim Municipal Code. (8) Health Spas and Physical Fitness Centers (of 4,000 square feet in gross floor area or larger). (9) Hotels and motels. (10) Markets or grocery stores having an interior building floor area of less than 15,000 square feet. 43 (11) Plant nurseries; provided, however, that the following additional minimum site development standards shall apply: All areas devoted to outdoor storage of other than plant material shall be adequately screened from view by a masonry wall. The storage shall not exceed the height of the wall and shall be limited to botanically related materials. (12) Post offices and substations. (13) Restaurants, semi -enclosed drive-in, drive-through or walk-up. (14) Self -storage or mini -warehouse facilities. (e) Site Area Limitations. (1) The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. (2) Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, access ways or parking areas on adjacent sites. (3) The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. (f) Building and Structural Height Limitations. The maximum building height shall be 35 feet above the average finished grade levels of the building site on which is located measured at the exterior building walls, provided however, heights in excess of 35 feet may be permitted by Conditional Use Permit pursuant to the provisions of Chapter 18.03 of the Anaheim Municipal Code. (1) Roof mounted equipment included exterior mounted and ground mounted radio and television antennas shall not be permitted. (g) Building Setbacks have been developed for the two Commercial Development Areas.(replaces Section 18.84.062.012). Development Area 1• • Santa Ana Canyon Road and Coal Canyon Road- Minimum 100 -foot structural setback for primary buildings and a minimum 50 -foot structural setback for freestanding secondary buildings adjacent to Santa Ana 44 Canyon Road and Coal Canyon Road with a minimum 35 -foot fully landscaped area adjacent to the right-of-way. • SR -91 Fwv - Minimum 100 -foot structural setback with a minimum 30 -foot fuly landscaped area adjacent to property line. Development Area 2: • Coal Canyon Road- Minimum 50 -foot structural setback south of Santa Ana Canyon Road transitioning to 100 -foot structural setback north of Santa Ana Canyon Road with a minimum 35 -foot fully landscaped area adjacent to the right-of-way. • SR -91 Fwy - Minimum 50 -foot fully landscaped structural setback adjacent to property line. (h) Improvement of Required Setbacks (replaces Sections 18.84.062.014, .0141, 042). The required setback shall be either fully landscaped or may be used as part of an automobile parking area; provided that a minimum twenty-five (25) foot wide screen planting area shall be maintained adjacent to any right-of-way. This may include the landscaping area of ten (10) to fourteen (14) feet. (i) Interior Site Boundary Lines Abutting Any Commercial Boundary. No setback shall be required, except as required under the Uniform Building Code. (1) Interior Site Boundary Lines Abutting Any Residential Zone boundary. A minimum open setback of not less than ten (10) feet; provided, however, that for any building over three stories in height the setback areas shall be increased in width two feet for each story by which the building exceeds three stories in height. 0) Permitted Encroachments into Required Yards. (1) Cornices, eaves, belt courses, sills, buttresses and fireplaces. (2) Balconies and exterior stairways. (3) Fire escapes. (4) Guard railings. (5) Fences, walls and hedges in compliance with Section 8.04.043 of the Anaheim Municipal Code. 45 (6) Signs, in compliance with Section 18.77.060 "Sign Regulations" of Specific Plan SP90-3. (7) Landscaping, consisting of lawn trees, shrubs, or other natural planting materials, and including fountain, ponds, sculptures, walkways, flagpoles for display of natural, state, or company ensigns only light standards and decorative screen type walls, 36 inches in height or less when an integral part of a landscaping theme. (k) Off-street Parking and Loading Requirements. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.06 "Vehicle Parking and Loading Requirements," of the Anaheim Municipal Code and as provided herein: (1) Location of required parking spaces shall comply with the requirements of Section 18.06.010 "Location of Required Parking Spaces of the Anaheim Municipal Code." (2) Layout and design of parking areas and vehicle access ways shall comply with the requirements of Section 18.06.020 "Layout and Design of Parking Areas." (3) Required Improvement of Parking Areas. Landscaping shall include at least one tree per three thousand (3,000) square feet of parking area and/or vehicular accessways evenly distributed throughout the parking area. There shall be an average of forty eight (48) square feet of planter area provided per tree. Said planter areas shall have a minimum dimension of six (6) feet. (4) Layout and design of parking areas and vehicle access ways shall comply with the requirements of Section 18.06.040 'PARKING SPACE AND ACCESS DESIGN." (5) Minimum number, type and design of parking spaces. The minimum number, type and defining parking spaces shall comply with the requirements of Section 18.06.050 of the Anaheim Municipal Code. (6) Truck loading facilities shall comply with the requirements of Section 18.06.060 of the "TRUCK LOADING REQUIREMENTS," and Section 18.06.070 "Drive-through and Drive -up Lane Requirements." (1) Required Site Screening (replaces Section 18.44.068). Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm or any combination thereof totaling not less than six (6) feet in 46 height, may be provided along and immediately adjacent to the site boundary line of any commercial development abutting freeway. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. (m) Exceptions. (1) Within any required street setback area, the height off any required wall and/or berm shall be reduced to not more than thirty-six (36) inches. (2) No wall or berm shall be required across any approved vehicle or pedestrian access way. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the City Engineer certifies that the erection of such wall or berm would not be practical in the exercise of sound engineering practices. (n) Refuse Storage Requirements. Refuse storage areas shall conform to the standards as shown on the document "Minimum Acceptable Trash Collection Areas" on file in the office of the Director of Public Works. 18.77.080 Open Space Open Space Regulations. The standards of Chapter 18.88 "OS" Open Space Zone contained within the Zoning Code shall apply for the areas shown as Open Space on the Cypress Canyon Development Plan Map. 18.77.090 Sign Regulations .010 General. The purpose of this section is to establish standards for the uniformity and hierarchy of signage, reinforcing the character and image of the Specific Plan community as provided in the Community Monumentation Concept Plan (Section V. of the Specific Plan). The following regulations shall apply to all residential and nonresidential uses within the Specific Plan Area. Except as specified below, all signs shall conform with Chapter 18.05 "Outdoor Advertising Signs and Billboards" of the Anaheim Municipal Code and the Standards set forth under the controlling zone district in which the signs are located. Signs shall be established as part of a Sign Program administered by the City and approved by the Traffic and Transportation Manager for line -of -sight considerations. The signs shall conform to the general specifications set forth below. 47 .020 Temporary Signs. Temporary signs denoting the architect, engineer or contractor may be placed on the premises where construction is in progress. Such signs shall not exceed a vertical length of eight (8) feet, nor a total area of twenty-four (24) square feet. .030 Community Entry Monumentation. The following standards sets forth for the implementation of the Community Monumentation Concept discussed in Section V. of the Specific Plan and shown on Exhibit 19 thereof. Entry monumentation shall be provided at three (3) levels consistent with the provisions below: (1) Community Entry Signs. (2) Product or Neighborhood Entry Signs; and (3) Commercial Entry Signs and shall be located on private property. (a) Community Entry Signs. The following large scale monumentation signage identifying major entries to the Cypress Canyon Community shall be permitted: (1) Number and Location. A maximum of 3 entry monumentation sign locations shall be permitted at the following major entries: Coal Canyon Road and Santa Ana Canyon Road; Street "D" and Coal Canyon Road; Street "D" and West Loop Road at the westem project boundary. (2) Maximum Height and Area. Such signage shall be provided as an element of the required site screen wall; such wall shall not exceed a vertical height of ten (10) feet from grade, nor a total area of two hundred fifty (250) square feet. (3) Maximum Sign Copy Area. A maximum of twenty-five (25) square feet of sign area shall be permitted exclusively for community name and/or logo. (b) Product or Neighborhood Entry Signs. The following medium scale monumentation signage providing identification of entry into individual project areas shall be permitted: (1) Number and Location. A maximum of two (2) entry monumentation signage locations shall be permitted for each individual project area. (2) Maximum Height and Area. If provided as an element of the required site screen wall, such signage shall not exceed a vertical height of eight (8) feet from grade, nor a total area of one hundred forty-five (145) square feet. If such signage is provided as free-standing, such sign shall not exceed a vertical height of four (4) feet from grade, or have a total area of over seventy-five (75) square feet. (3) Maximum Sign Copy Area. A maximum of twenty-five (25) square feet of sign area shall be permitted exclusively for community name and/or logo. (c) Commercial Entry Signs Regulations. (1) Commercial Signage. Low scale monument sign to identify entry into commercial area. (a) Number and Location. One (1) such entry sign shall be permitted at the major entry to project site. (b) Maximum Height and Area. If provided as an element of a wall, such signage shall not exceed a vertical height of six (6) feet from grade, nor a total area of one hundred twenty (120) square feet. In the case of a freestanding sign, such sign shall not exceed a vertical height of four (4) feet from grade, nor a total area of eighty (80) square feet. (2) Wall Signage. (a) Number and Location. Not more than one wall sign shall be permitted per each tenant or front entrance of any individual building unit with in a commercial center. In case of freestanding buildings, a maximum of two wall signs per building, however only one sign permitted on a building wall. (3) Freestanding Direction Signs. For each vehicular entrance there may be one double faced direction sign displaying the word IN/ENTER or OUT/EXIT and a company logo or emblem. Each face of the sign shall not exceed three feet in height and three feet in width. .040 Future Development Signs. Temporary signs advising of future development using general terms residential or commercial in the description of the future land use on the site upon which the sign shall be located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of thirty-two (32) square feet. Signs shall be consistent in size, color, material and design as approved by the City, and shall provide an identifiable element to the community. 49 .050 Temporary Directional Signs. Temporary directional signs advising of homes for sale in current development areas within the Cypress Canyon project. Such signs shall not exceed a vertical height of ten (10) feet, a horizontal length of six (6) feet, nor a total area of thirty (30) square feet. A maximum of one (1) sign will be permitted for each development area. Signs shall be consistent in size, color, material and design as approved by the City, and shall provide identifiable element to the community. 18.77.060 Dedication and Improvements. Dedication of streets, public utility easements and other public works and improvements shall be required in connection with any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone in accordance with the provisions of Section 18.04.080 of the Anaheim Municipal Code. 18.77.070 Development Review and Permits. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone, all building and site plans shall be subject to review by the Building Division of the Planning Department of the City and permits shall be secured from the Chief Building Inspector of the City of Anaheim in compliance with all provisions of Section 18.04.090 of the Anaheim Municipal Code "Development Review and Permits - General"; provided further, that where there are existing buildings and structures on a site for which more intensive development is proposed under the provisions of this zone, no building permit shall be issued until the Chief Building Inspector and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation. 18.77.080 Penalties for Violations Any violation of the provisions of this chapter shall be subject to penalties as prescribed in Section 18.04.110 of the Anaheim Municipal Code. 18.77.090 Amendments, Conditional Use Permits and Variances .010 Boundaries of the zones established by this title, the classification of property uses therein, or other provisions of this title may be amended, exceptions made therefrom, or conditional uses permitted in accordance with the facts, conditions uses permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'Zoning Procedures - Amendments, Conditional Use Permits and Variances' and Chapter 18.93 'Specific Plan Ordinance' of the Anaheim Municipal Code. 50 18.77.100 Reclassification Procedure -Violation Concurrent with or subsequent to introduction of an ordinance adding this Chapter to the Anaheim Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. 90-3 (SP No. 90-3) and this Chapter to the zoning designation SP No. 90-3. Such reclassification shall be subject to each of those certain conditions of approval of SP No. 90-3 as set forth in Resolution No.92R-67. Any violation of any of said conditions shall be deemed a violation of this chapter as well as of the reclassification ordinance and shall be punishable as set forth in Section 18.01.370 of the Anaheim Municipal Code. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any Section, paragraph, sentence or word of this ordinance, 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 3. SAVING 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. SECTION 4. It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offence for each day during any portion of which any violating of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 51 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 21St day of April 1992. Y MANOROF THE CM OF ANXHEIM PRO rEP# ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 52 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. 5297 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of April, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of April, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickier and Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 5297 on the 22nd day of April, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of April, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5297 and was published once in the Anaheim Bulletin on the 1st day of May, 1992. CITY CLERK OF THE CITY OF ANAHEIM