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5734ORDINANCE NO. 5734 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5703, AS ADOPTED BY CITY COUNCIL ON SEPTEMBER 21, 1999 NUNC PRO TUNC. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS C W4[Q a IIN9E-09 SECTION 1. That Section 1 of Ordinance No. 5703 adopted September 21, 1999, be, and the same is hereby, amended nunc pro tunc to correct a clerical error, to read as follows: SECTION 1. That subsection .090 of Section 18.48.070 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended, (to add subparagraph (i) to paragraph .0901), to read as follows: 090 Structural Setback and Yard Requirements. Buildings and structures within this Specific Plan area shall be provided with open yards and setbacks extending across the full width of the property as provided herein. All setbacks shall be fully landscaped, irrigated, and maintained in a manner in compliance with the Design Plan. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this Zone, except as otherwise provided in paragraph 18.48.070.120.1208, entitled "SPECIAL INTERSECTION LANDSCAPE TREATMENT," and elsewhere in this Chapter. .0901 Setbacks - Abutting Public Rights -of -Way. Such setbacks shall be measured from the ultimate planned right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0 (Public Facilities Plan) and 5.0 (Design Plan) of the Anaheim Resort Specific Plan document. (a) Lots abutting Katella Avenue between Walnut Street and Interstate 5 (Santa Ana Freeway) shall have a minimum fully landscaped front yard setback of eleven (11) feet. (b) Lots abutting Harbor Boulevard between Interstate 5 and Orangewood Avenue shall have a minimum fully landscaped front yard setback of twenty-six (26) feet. (c) Adjacent to the following major, primary and secondary roads within the Specific Plan area, the minimum setback for buildings seventy-five (75) feet tall or less shall be twenty (20) feet; for buildings greater than seventy-five (75) feet, the minimum setback shall be thirty (30) feet: (1) Ball Road. (2) Clementine Street. (3) Freedman Way. (4) Harbor Boulevard, north of Interstate 5. (5) Haster Street/Anaheim Boulevard. (6) Manchester Avenue (between Harbor Boulevard and Clementine Street). (7) Orangewood Avenue. (8) Pacifico Avenue (Alignment shown on the Circulation Element of the City of Anaheim General Plan). (9) West Street/Disneyland Drive, north of Ball Road. (10) West Street, south of Katella Avenue. (d) Adjacent to local streets within the Specific Plan area, the minimum setback for buildings thirty-five (35) feet tall or less shall be ten (10) feet; for buildings greater than thirty-five (35) feet, the minimum setback shall be twenty (20) feet. Local streets include: (1) Alro Way. (2) Casa Vista Street. (3) Mountain View Avenue. (4) Ox Road. (5) Vermont Avenue. (6) West Place (Portion of West Street south of Ball Road within the Specific Plan area). (7) Zeyn Street. (e) For West Street/Disneyland Drive between Katella Avenue and Ball Road, the minimum setback shall be nineteen (19) feet. (f) Adjacent to Walnut Street, the minimum setback shall be thirty (30) feet. (g) Adjacent to Convention Way, the minimum setback for buildings seventy-five (75) feet tall or less shall be twenty (20) feet; for buildings greater than seventy-five (75) feet, the minimum setback shall be thirty (30) feet. 2 (h) Adjacent to Casa Grande Avenue, the minimum setback shall be twenty (20) feet. (i) Adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area, the minimum setback shall be twenty (20) feet. .0902 Setback Adjacent to Interstate 5 (Santa Ana Freeway). A minimum ten- (10) foot wide fully landscaped area shall be provided on any private property located immediately adjacent to the ultimate right-of-way line of Interstate 5. .0903 Interior Structural Setback and Yard Requirements. A minimum ten (10) foot wide fully landscaped setback shall be required within the area abutting any interior lot property lines; except that when an interior lot property line is within one hundred fifty (150) feet of any single-family or multiple -family residential zone (excepting an RS -A-43,000 Zone, which has a resolution of intent to a zone other than residential) or any property encompassed by the MHP Overlay, an open side yard setback area, with not less than twenty (20) feet of landscaping adjacent to the property line, equal to two (2) times the height of any proposed building or structure as measured to the highest point of the building, including any penthouse or other structure, shall be provided. Such setbacks shall be measured from the interior property line. Setbacks less than two (2) times the height of any proposed building or structure may be permitted subject to the approval of a conditional use permit as set forth in subsection 18.48.070.050 entitled "CONDITIONAL USES AND STRUCTURES" of this chapter." In all other respects, said Ordinance No. 5703 shall remain in full force and effect. 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 3 prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE i City Council of the City of Anaheim 2000. ATTEST: CITY C RK OF THE CITY OF ANAHEIM 36332.1\smann 4 s approved and adopted by the this 8th day of August , MAYOR OF T. CITY OF AHEIM 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. 5734 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of July, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of August, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of August, 2000. CITY CLEAK 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. 5734 and was published once in the North County News on the 17th day of August, 2000. OfW CLERK OF THE CITY OF ANAHEIM