Loading...
5707ORDINANCE NO. 5707 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 AND .020 OF SECTIONS 18.04.048 AND 18.04.049, RESPECTIVELY, OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (FENCE REQUIREMENTS). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsections .010 and .020 of Section 18.04.048 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "18.04.048 REQUIRED SITE SCREENING IN COMMERCIAL, OFFICE AND PROFESSIONAL ZONES. .010 General Requirements. 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 height, shall be provided along and immediately adjacent to the site boundary line of: (a) any single-family residential use abutting any "RM" zone or multiple family residential development, freeway, toll road, railroad right-of-way, commercial, office, outdoor storage or industrial development, or any alley abutting any such boundary; (b) any multiple -family development abutting any "RS" zone or single-family residential use, freeway, toll -road, railroad right-of-way, commercial, office, outdoor storage or industrial development, or any alley abutting any such boundary; or (c) any commercial, office, outdoor storage or industrial development abutting any residentially zoned or residentially used property, or any alley abutting any such boundary. The height of any such wall and/or berm shall be measured from the highest finished grade level adjacent to the wall and/or berm. .020 Exceptions. The general requirements of subsection .010 shall be applicable except as follows: .021 Within any required street setback area, the maximum height of any required wall and/or berm shall be thirty-six (36) inches. .022 A required wall or berm along and immediately adjacent to the side and/or rear yard boundary line of any development where said side and/or rear yard abuts a public alley shall be a minimum height of six (6) feet and may not exceed a maximum height of eight (8) feet. .023 A wall or berm along and immediately adjacent to the boundary line of a commercial development where said boundary line abuts a residence shall be eight (8) feet in height. .024 The site boundary line of any commercial, office, outdoor storage or industrial development abutting any railroad right-of-way shall be enclosed to a height of not less than six (6) feet either by (a) solid masonry or building walls; (b) chain link fencing entirely interwoven with PVC, simulated wood slats, or other durable material as deemed appropriate by the Planning Director or his or her designee; (c) landscaped earthen berm; or (d) any combination thereof. The color and materials of the screening device shall be compatible with any on-site buildings and shall be view -screened from the railroad right-of- way with landscape materials including fast-growing vines and/or shrubbery. The size, number and species of the individual plants shall be sufficient to completely screen the chain link fence within four (4) years of the time of planting. Planting areas shall be provided with hose bibs, sprinklers or similar permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state." SECTION 2. That subsections .010 and .020 of Section 18.04.049 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "18.04.049 REQUIRED SITE SCREENING IN INDUSTRIAL ZONES- GENERAL. .010 General Requirements. 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 height, shall be provided along and immediately adjacent to the site boundary line of: (a) any single-family residential use abutting any - 2 - "RM" zone or multiple -family residential development, freeway, toll road, railroad right-of-way, commercial, office, outdoor storage or industrial development, or any alley abutting any such boundary; (b) any multiple -family development abutting any "RS" zone or single-family residential use, freeway, toll road, railroad right-of-way, commercial, office, outdoor storage or industrial development, or any alley abutting any such boundary; or (c) any commercial, office, outdoor storage or industrial development abutting any residentially zoned or residentially used property, or any alley abutting any such boundary. The height of any such wall and/or berm shall be measured from the highest finished grade level adjacent to the wall and/or berm. .020 Exceptions. The general requirements of subsection .010 shall be applicable except as follows: .021 Any access gates leading to an outdoor use of an industrial nature shall be constructed of durable view -obscuring material as approved by the Planning Director or his or her designee to provide effective sight screening. .022 A required wall or berm along and immediately adjacent to the side and/or rear yard boundary line of any development where said side and/or rear yard abuts a public alley shall be a minimum height of six (6) feet and may not exceed a maximum height of eight (8) feet. .023 A required wall or berm along and immediately adjacent to the boundary line of any non- residential development where said boundary line abuts a residence shall be eight (8) feet in height. Within any required street setback area, the height of any required wall or berm may not exceed thirty-six (36) inches. .024 The site boundary line of any commercial, office, outdoor storage or industrial development abutting any railroad right-of-way shall be enclosed to a height of not less than six (6) feet either by (a) solid masonry or building walls; (b) chain link fencing entirely interwoven with PVC, simulated wood slats, or other durable material as deemed appropriate by the Planning Director or his or her designee; (c) landscaped earthen berm; or (d) any combination - 3 - thereof. The color and materials of the screening device shall be compatible with any on-site buildings and shall be view -screened from the railroad right-of- way with landscape materials including fast-growing vines and/or shrubbery. The size, number and species of the individual plants shall be sufficient to completely screen the chain link fence within four (4) years of the time of planting. Planting areas shall be provided with hose bibs, sprinklers or similar permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY 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 ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any - 4 - portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 16th day of November , 1999. I ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 32522.1\SMANN MAYOR OF THE CITY OF A$A1TEIM - 5 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5707 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of November, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of November, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5707 on the 16th day of November 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of November, 1999. ITY CLE K OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5707 and was published once in the North County News on the 24th day of November, 1999. ITY CtLIFIRR OF THE CITY OF ANAHEIM PROOF OF PUBLICATION STATE OF CALIFORNIA, } ss. County of Orange, ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: November 25, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Date November 25 _ 19_ 99 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 634-1567 This space is for the County Clerk's Filing Stamp VAo Proof of Publication of 6EOoA1. tip" NOVICE IDFA0O*J1r*K OF Otipit{ WE . ORDINANCE NO. 5707, At h% retg�vW mi6ng held Nouet r 16, 1999, fire Andhe)m 'City Count" voted an adopflon of this Ordln—e with the following fesutt: Ayes. Feldhaus, Kring:,. Tait, and Daly Noes: ; None Abstain: NbAe Absent: McCracken AN ORDINANCE OF THE CITY OF ANA14EIM TION 04 04t CA#D 8.04.049, RE TIONS .010 AND. 2SPECTIALY, OF 'CHAPTER 16,04 OF TITLE 8 OF THE -ANA; MUNICIPAL MUNICFPALgODE RELATING TO ZONING (F CE REQU1REM TS). if you wish a full copy of the text of the above Ordlnariee; Please Call the Office of the City Clerk ren. andof A6:000 P.M. 7 Monday throug65-5166, h Friday. There is no charge for the COPY. Published: Anaheim Bulletin November 25,1999 25-1556 8HU200500 PROOF OF PUBLICATION