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5475k ORDINANCE NO. 5475 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5297 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SP 90-3 (CYPRESS CANYON) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council did on April 21, 1992, adopt Ordinance No. 5297 adding Chapter 18.77 to Title 18 of the Anaheim Municipal Code relating to zoning and development standards for Specific Plan No. 90-3 for Cypress Canyon; and WHEREAS, through inadvertence and clerical error, typographical errors were made, primarily in the numbering system, which do not affect the substantive content of Ordinance 5297; and WHEREAS, the City Council desires, and public interest and general welfare requires, that said error be corrected, nunc pro tunc. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.77.070 "Development Standards" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.060, and that the introductory language thereto be amended to read as follows: "18.77.060 DEVELOPMENT AREA STANDARDS .010 Development Areas 3 and 10: RM -1200 (SC) Zoning District Attached Multi -Family Housing. .020 Development Areas 9, ila, iib, 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 t District. 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." SECTION 2. That subparagraph (m) (9) of subsection .010 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(9) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." SECTION 3. That clause (o) (1) (d) of subsection .010 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(d) Any interior walls of 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." SECTION 4. That subsection .020 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.020 Development Areas 9, ila, iib, 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:" I SECTION 5. That paragraph (c) of subsection .020 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(c) Minimum Site Area (replaces Section 18.84.052.010). 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, lla is 2.5 acres, llb is 5 acres, 12 is 9 acres and 19 is 3 acres)." SECTION 6. That subparagraphs (m) (2) and (m) (9) of subsection .020 Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11(2) Balconies and Exterior Stairways. Open, enclosed 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." 11(9) Signs, in compliance with Section 18.77.080 "Sign Regulations: of Specific Plan SP90-3." SECTION 7. That clause (o) (1) (d) of subsection .020 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(d) Any interior walls of 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." SECTION 8. That subparagraphs (q) (3) and (q) (4) of subsection .020 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to I read as follows: 11(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." 11(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." SECTION 9. That paragraphs (1) and (m) of Section 18.77.060 of subsection .030 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11(1) Minimum Landscaped Area (replaces Section 17.08.640 (Adjacent to Street "D", Coal Canyon Road and East and West Loop Roads). Minimum landscaped area, including 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 and 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 -Engineering Department prior to the approval of the affected tentative tract or parcel maps." SECTION 10. That clause (n) (6) (k) of subsection .030 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(k) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." I SECTION 11. That paragraphs (d), (j) and (k) of subsection .040 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "(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 the width is measured further 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 (100) 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, excepting flag type lots." "(j) 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 (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 or flat areas, varying between conditions." SECTION 12. That clause (m) (6) (k) of subsection .040 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(k) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." SECTION 13. That subparagraph (0)(5) of subsection .040 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 115 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 I 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 -site requirements." SECTION 14. That subsection .050 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.050 Development Area 5 - RS -7200 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 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:" SECTION 15. That clause (m) (6) (k) of subsection .050 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(k) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." SECTION 16. That subparagraph (o) (5) of subsection .050 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(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." I SECTION 17. That subparagraph (c) (9) of subsection .060 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(9) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." SECTION 18. That paragraph (f) of subsection .060 of Section 18.77:060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(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 it 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." SECTION 19. That subparagraph (j) (5) of subsection .060 Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(5) Fences, walls and hedges in compliance with Section 18.04.043 of the Anaheim Municipal Code." CHAPTER 20. That subparagraph (j) (6) of subsection .060 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(6) Signs, in compliance with Section 18.77.080 "Sign Regulations" of Specific Plan SP90-3." SECTION 21. That subparagraph (k) (5) of subsection .060 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(5) Minimum number, type and design of parking spaces. The minimum number, type and design of parking spaces shall comply with the requirements of Section 18.06.050 of the Anaheim Municipal Code." I SECTION 22. That subparagraph (m) (1) of subsection .060 of Section 18.77.060 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(1) Within any required street setback area, the height of any required wall and/or berm shall be reduced to not more than thirty-six (36) inches." SECTION 23. That Section 18.77.080 "Open Space" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered 18.77.070. SECTION 24. That Section 18.77.090 "Sign Regulations" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered 18.77.080. SECTION 25. That subsection .030 of Section 18.77.080 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.030 Community Entry Monumentation. The following standards are set forth for the implementation of the community monumentation concepts 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". SECTION 26. That Section 18.77.060 "Dedication and Improvements" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.090. SECTION 27. That Section 18.77.070 "Development Review and Permits" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.100. SECTION 28. That Section 18.77.080 "Penalties for Violations" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.110. SECTION 29. That Section 18.77.090 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.120, and amended to read as follows: 1118.77.120 Amendments, Conditional Use Permits and Variances. 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, 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." SECTION 30. That Section 18.77.100 "Reclassification Procedure - Violation" of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered Section 18.77.130. SECTION 31. That, except as expressly amended herein, Ordinance No. 5297 shall remain in full force and effect. SECTION 32. PENALTY CLAUSE" 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 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 punished therefor as provided for in this ordinance." I SECTION 33. 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 34. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 10 day of January 1995. �..---- MAYOR OF THE CITY OF NAHEIM ATTES CITY CLERK OF THE CITY OF ANAHEI 9807.1\SMANN\December 14, 1994 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. 5475 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of January, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None COUNCIL VACANCY: COUNCILMEMBER: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5475 on the 10th day of January, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of January, 1995. 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. 5475 and was published once in the North Orange County News on the 19th day of January, 1995. CITY CLERK OF THE CITY OF ANAHEIM