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5094ORDINANCE NO. 5094 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .040 and .060 OF SECTION 18.72.070 OF CHAPTER 18.72 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP88-2) WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 88R-395 approving Specific Plan No. 88-2 and Resolution No. 88R-396, as amended by Resolution No. 89R-125, approving Zoning and Development Standards Relating to Specific Plan 88-2; and WHEREAS, the City Council has heretofore adopted Ordinance No. 4976, as amended by Ordinance 5024, adding Chapter 18.72 to the Anaheim Municipal Code establishing Zoning and Development Standards for the SP88-2 Zone; and WHEREAS, the City Council has heretofore adopted its Resolution No. 90R-44 amending Resolution Nos. 88R-395, 88R-396 and 89R-125 and making certain findings in conjunction therewith pursuant to Chapter 18.93 of the Anaheim Municipal Code; and WHEREAS, the City Council desires to amend Section 18.72.070 of the Anaheim Municipal Code in the manner hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 18.72.070.040 and 18.72.070.060 be, and the same are hereby, added to Chapter 18.72 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.72.070.040 Develo ■ent Area Nos. 103 104 T03—, Z06 an - Hillside Medium. Notwithstanding any other provision of this Chapter to the contrary, the zoning and development standards heretofore adopted and set forth in subsection .040 of section 18.72.070 of Chapter IV of Specific Plan No. 88-2 be, and the same are hereby, amended to read as follows: 1.040 These Development Areas provide for the orderly development of single-family attached units, or within Development Area Nos. 104, 203, 206 and 207, single-family detached units, in the medium density range. Attached unit development within Development Area 104, 203, 206 and 207 shall utilize the standards of the City of Anaheim's RM-3000(SC) (Residential, Multiple Family - Scenic Corridor Overlay) Zone except as provided below within Sections A through J. Detached unit development shall utilize the standards of the City of Anaheim's RS-5000(SC) Zone (Residential, Single Family - Scenic Corridor Overlay) Zone except as provided below in Sections K through V. A. MINIMUM LOT WIDTH. All lots shall have a minimum width of not less than thirty (30) feet measured at the minimum setback line of ten (10) feet; except when the building is located farther back than the required minimum setback line, then the width shall the measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line, no site plan shall be required. B. MINIMUM LOT WIDTH FOR CORNER, CUL-DE-SAC AND KNUCKLE LOTS. The minimum lot width for corner, cul-de-sac and knuckle lots shall be twenty five (25) feet measured at the minimum setback line of ten (10) feet; except when the building is located farther back than the required minimum setback line, then the width shall then be measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line, no site plan shall be required. C. MINIMUM LOT FRONTAGE WIDTH OF FLAG LOTS. Minimum lot frontage width at right-of-way shall be twenty (20) feet except when a reciprocal ingress/egress easement has been provided for between two (2) adjacent flag lots, then the minimum lot frontage shall be ten (10) feet. The minimum driveway width shall be sixteen (16) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designed. -2- (Subsections A, B and C, above, replace the first paragraph of Section 18.31.061 "Building Site Requirements" of the Anaheim Municipal Code.) D. MINIMUM LOT DEPTH ADJACENT TO ARTERIAL HIGHWAYS AND EXPRESSWAYS. Depths of lots adjacent to arterial highways and expressways (including Oak Hills Drive, Serrano Avenue and Weir Canyon Road) shall conform to the requirements of Title 17, Chapter 17.08 "Subdivisions" of the Anaheim Municipal Code with the exception of residential lots which are separated by an open space or landscaped lot which shall be controlled by this section. E. STRUCTURAL HEIGHT AND AREA LIMITATIONS. Maximum overall height of any building shall be thirty-five (35) feet and two (2) stories measured from the highest portion of the structure to the ground floor elevation directly below that point. However, within one hundred fifty (150) feet of any single-family Development Area, except when separated from such Development Area by an arterial highway, then the maximum height shall be twenty-six (26) feet and two (2) stories, exclusive of the roof and measured as stated above. (This subsection replaces Subsections .010, .011, .012 and .013 of Section 18.31.062 "Structural Height and Area Limitations" of the Anaheim Municipal Code.) F. MAXIMUM SITE COVERAGE. The maximum coverage by all residential and accessory buildings shall be forty-five (45) percent of the building site area. Recreational -leisure area buildings and facilities shall not be included in the calculation of coverage. (This subsection replaces Subsection 18.31.062.020 "Maximum Site Coverage" of the Anaheim Municipal Code.) -3- A G. SETBACKS. 1. Scenic Corridor Setbacks. Due to the single-family nature of these types of units, Subsections .020, .030 and .031 of Section 18.84.052 "Site Development Standards for Multiple Family Residential (SC) Zones" of the Anaheim Municipal Code shall not apply. 2. Structural Setback and Yard. a. Front yard building setbacks shall be a minimum of ten (10) feet. b. Side yard building setbacks shall be a minimum of five (5) feet on the detached side and zero (0) on the attached side. C. Rear yard building setbacks shall be a minimum of ten (10) feet. d. Minimum setbacks for front -on garages shall be twenty (20) feet with a roll -up garage door and twenty five (25) feet without such a door. Setbacks shall be measured from property line to face of garage door, for front -on conditions and to the face of the structure for side -on conditions. (Subsections a to d, above, replace Subsections .010, .011, .012, .020, .0215, .022 and .026 of Section 18.31.063 "Structural Setback and Yard Requirements"; Subsections .010, .011 and .012 of Section 18.31.065 "Location and Orientation of Buildings" and Subsection 18.84.052.020 "Building Location" of the Anaheim Municipal Code.) 3. Required Improvement of Yards and Setback Areas. Yards and setbacK areas shall be landscaped and maintained either by individual lot owners or a homeowners association, as appropriate. -4- (Thissubs026"Required in addition to 18.31.063. and Setback Areas" of the Anaheim Municipal Code.) 4. Minimum Landsca ed Area Adjacent o rano rterlal Ig Itways inc u Ing er Avenue, Oak Hills Drive and Weir Canyon Road). Minimum landscaped areas, including sloped areas, shall be a minimum of seven ( 7 ) feet for downslope conditions and fourteen (14) )beet for upslope conditions, varying conditions as indicated on the Circulation Plan of the Specific Plan No. 88-2 document. H, RE UIRED RECREATIONAL LEISURE AREA. The minimum private and/or common recreational -leisure space requirement shall be seven hundred (700) squarefeet include per dwelling unit, which may e minimum area counted setback areas. Th shall be ten (10) feet by ten (10) feet exclusive of driveways. (This subsection adds to Subsections .030, .031 and .032 of Section 18.31.063 "Recreational -leisure Areas" of the Anaheim Municipal Code.) 1. SIGN REGULATIONS - ADVERTISING AND Entrance monumentation/signage, both neighborhood and community, shall be permitted as provided for in Section 1 ExhibitR16uofttheS" herein and Specific Plan shownown on on No. 88-2 document. (This subsection is in addition to Section 18.31.067 "Sign Regulations - Advertising and Identification" of the Anaheim Municipal Code.) J. REQUIRED SITE SCREENING. 1. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, and/or any combination thereof, totaling not less than six (6) feet in height, -5- A shall be provided along and immediately adjacent to the applicable site boundary line or lot line of these Residential Development Areas for that portion abutting any multiple -family Development Area. Where adjacent to single-family detached Development Areas, no wall shall be required. The height of any such wall and/or berm shall be measured from the highest finished grade level of the building pad of dwelling units located nearest any such abutting boundary. 2. In cases where there is an intervening slope bank or view opportunity, the height of site screening may be reduced to five (5) feet, and may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof based on view and sound attenuation conditions. 3. Any fencing located in a manner which may obstruct the view from a public right-of-way shall consist of decorative open-work materials or as otherwise required for sound attenuation when approved by the Planning Commission or City Council. 4. Any wall required adjacent to an arterial highway shall be constructed either along and adjacent to the property line separating such development from the arterial highway, or at the top of the slope adjacent to said arterial highway, whichever is the higher elevation. The top of said wall shall be minimum of a five ( 5 ) feet above the elevation of the building pads of dwelling units closest to the arterial highway, regardless of whether the wall is constructed on the property line or at the top of the slope. The wall may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof, based on view and sound attenuation conditions. r (Subsections 1, 2, 3 and 4, above, replace the first paragraph of Section 18.31.068 "Required Site Screening" of the Anaheim Municipal Code.) S. Site screening up to seven (7) feet in height may be permitted by the Planning Commission or City Council for sound attenuation purposes based on an acoustical sound study. (This subsection modifies Subsection .025 of Section 18.31.068 "Required Site Screening" of the Anaheim Municipal Code.) K. MINIMUM BUILDING SITE AND BUILDING PAD AREA. The minimum building site (lot) size shall be four thousand (4,000) square feet and the minimum building pad area shall be three thousand five hundred (3,500) square feet. (This subsection replaces Subsection 18.27.061.010 "Minimum Building Site and Building Pad Area" of the Anaheim Municipal Code.) L. BUILDING SITE WIDTH. All conventional lots shall have a minimum width of not less than forty (40) feet, measured at the minimum front setback line of ten (10) feet, except when the building is located farther back than the required minimum setback line, then the width shall be measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line, no site plan shall be required. (This subsection replaces Subsection 18.27.061.020 "Building Site Width" of the Anaheim Municipal Code.) M. BUILDING SITE WIDTH FOR CUL-DE-SAC AND KNUCKLE LOTS. The minimum lot width for cul-de-sac and knuckle lots shall be thirty-five (35) feet measured at the minimum front setback line of fifteen (15) feet, except when the building is located farther back than the -7- A required minimum setback line, then the width shall be measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line no site plan shall be required. (This subsection replaces Subsection 18.27.061.021 "Building Site Width for Cul-de-sac and Knuckle Lots" of the Anaheim Municipal Code.) N. MINIMUM LOT FRONTAGE WIDTH OF FLAG LOTS. The minimum lot frontage width at right-of-way shall be twenty (20) feet except when a reciprocal ingress/egress easement has been provided for two (2) adjacent flag lots, then the minimum lot frontage shall be ten ( 10) feet. The minimum driveway width shall be sixteen (16) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designed. 0. MINIMUM LOT DEPTH (ADJACENT TO ARTERIAL HIGHWAYS AND EXPRESSWAYS). Depths of lots adjacent to arterial highways and expressways shall conform to the requirements of Title 17, Chapter 17.08 "Subdivisions" of the Anaheim Municipal Code, with the exception of residential lots which are separated by an open space or landscaped lot which shall be controlled by this section. P. DENSITY. The building site area per dwelling unit shall be a minimum of four thousand (4,000) square feet. (This subsection replaces Subsection 18.27.061.030 "Density" of the Anaheim Municipal Code.) R BUILDING AND STRUCTURAL HEIGHT LIMITATIONS. Maximum overall height of any building shall be twenty-six (26) feet measured from the highest portion of the structure to the ground floor elevation directly below that point. I (This subsection replaces Subsections .010, .020 and .0201 of Section 18.27.062 "Maximum Structural Height" of the Anaheim Municipal Code.) R. COVERAGE AND OPEN SPACE REQUIREMENTS. The maximum coverage by all residential and accessory buildings for any parcel shall be a maximum of forty-five percent (45%), with no additional open space requirement. (This subsection replaces Subsections .020 and .021 of Section 18.27.062 "Coverage and Open Space Requirements" of the Anaheim Muncipal Code.) S. SETBACKS. 1. Garages. The minimum setback for a side -on arage shall not be less than ten 10) feet with a minimum twenty-five (25) foot driveway. The minimum setback for front -on garages on cul-de-sac, conventional and knuckle lots shall be twenty (20) feet with a roll -up door and twenty-five (25) feet otherwise. The setback shall be measured from the property line to the face of the garage door for a front -on condition and to the face of the structure for side -on conditions. (This subsection replaces Subsections .012 and .0124 of Section 18.27.063 "Front -on Garage Setbacks" of the Anaheim Municipal Code.) 2. Minimum Landscaped Area Adjacent to Arterials Highways (including Oak Hills Drive). Minimum landscaped area, including sloped areas, shall be a minimum of seven ( 7 ) feet for downslope conditions and fourteen (14) feet for upslope conditions, varying between conditions, as indicated on the Circulation Plan of the Specific Plan No. 88-2 document. I T. SINGLE-FAMILY STRUCTURES TO SIDE ON TO ARTERIAL HIGHWAYS. 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 Section 5.2, above, and further provided that the side yard setback is measured from the open space lot or landscaped easement line. (This subsection replaces Subsection 18.27.065.010 "Single -Family Structures to Rear on Arterial Highways" of the Anaheim Municipal Code".) U. SIGN REGULATIONS - ADVERTISING AND IDEN IFICATION. Entrance monumentation/signage, both neighborhood and community, shall be permitted as provided for in Section 18.72.100 "Sign Regulations" herein and as shown on Exhibit 16 of the Specific Plan No. 88-2 document. (This subsection adds to Section 18.27.067 "Sign Regulations - Advertising and Identification" of the Anaheim Municipal Code.) V. REQUIRED SITE SCREENING. 1. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, and/or any combination thereof, totaling not less than six (6) feet in height, shall be provided along and immediately adjacent to the applicable site boundary line or lot line of these Residential Development Areas for that portion abutting any multi -family Development Area, excluding single-family attached Development Areas, and along the landscape easement/lot adjacent to arterial highways where necessary for -10- I sound attenuation. The height of any such wall and/or berm shall be measured from the highest finished grade level of the building pad of dwelling units located nearest any such abutting boundary. 2. In cases where there is an intervening slope bank or view opportunity, the height of site screening may be reduced to five (5) feet, and may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof based on view and sound attenuation conditions. 3. Any fencing located in a manner which may obstruct the view from a public right-of-way shall consist of decorative open work or as required for sound attenuation as approved by the Planning Commission or City Council. (Subsections V.1, 2 and 3, above, replace the first paragraph of Section 18.27.068 "Required Site Screening" of the Anaheim Municipal Code.) 4. Site screening up to seven (7) feet in height may be permitted by the Planning Commission or City Council for sound attenuation purposes based on an acoustical sound study. (This subsection adds to Subsection 18.27.068.025 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.) 5. Any wall required adjacent to an arterial highway shall be constructed either along and adjacent to the landscape easement/lot separating such development from the arterial highway, or at the top of the slope adjacent to said arterial highway, whichever is the higher elevation. The top of said wall shall be a minimum of five (5) feet above the elevation of the building pad of dwelling units closest to the arterial highway, regardless of -11- whether the wall is constructed adjacent to the landscape easement/lot separating such development from the arterial highway or at the top of the slope adjacent to said arterial highway. The wall may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof, based on view and sound attenuation conditions. (This subsection replaces Subsection 18.27.068.026 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.) 6. 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 if privately maintained. if commonly maintained, access shall be provided from the street or common area. (This subsection replaces Subsection 18.27.068.0261 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.) 7. On corner lots formed by the intersection of residential streets with arterial highways, the wall required along the rear landscape easement/lot adjacent to the arterial highway shall be extended along the side lot line adjacent to the residential street for a distance equal to the rear setback line. Additional walls will be provided for sound attenuation if necessary and approved by the Planning Commission or City Council. (This subsection replaces Subsection 18.27.068.0262 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.) " "18.72.070.060 Developnent Area No. 202= Hillside Medium. Notwithstanding any other provision of this Chapter to the contrary, the zoning and development standards heretofore adopted and set forth in subsection 060 of Section 18.72.070 of Chapter IvofpecificPlan No. 88-2 be, and the same are hereby, amended tos fol-12- J 1.060 This Development Area provides for the orderly development of single-family attached and multi -family dwelling units in the medium density range including community apartments, apartments, condominiums, townhouses, townhouse/stacked flats, stacked flats and row houses. The standards of the City of Anaheim RM-1200(SC) (Residential, Multiple Family - Scenic Corridor Overlay) Zone shall apply for the development of community apartments and apartments except as provided below in Sections A through F. The standards of the RM-3000(SC) (Residential, Multiple Family - Scenic Corridor Overlay) Zone shall apply for the development of condominiums, townhd flats androwshouseswexocept/asaprovidedtbelowain Sections and G through 0. A. MINIMUM BUILDING SITE AREA PER DWELLING UNIT. The minimum net building site shall be one thousand two hundred (1,200) square feet per dwelling unit inclusive of roadways which are not part of the through circulation system. (This subsection replaces Subsection 18.34.061.010 "Minimum Building Site Area per Dwelling Unit" of the Anaheim Municipal Code.) B. MINIMUM LOT DEPTH ADJACENT TO ARTERIAL HIGHWAYS AND EXPRESSWAYS. Depths of lots adjacent to arterial highways or expressways (including Weir Canyon Road and Oak Hills Drive) shall conform to the requirements of Title 17, Chapter 17.08 "Subdivisions" of the City of Anaheim Municipal Code, with the exception of residential lots which are separated by an open space or landscaped lot, which lots shall be controlled by this section. C. STRUCTURAL HEIGHT AND AREA LIMITATIONS. Maximum overall height of any building shall be thirty five ( 35) feet and two ( 2) stories measured from the highest portion of the structure to the ground floor elevation directly below that point. -13- However, within one hundred fifty (150) feet of any single-family detached Development Area the maximum height shall be twenty six (26) feet and two ( 2) stories, exclusive of the roof a nd measured as stated above. (This subsection replaces Subsections .011, .012 and•O13 AreafSection Limitations"3ofO62 the"Structural Height and Anaheim Municipal Code.) D • SETS 1, Building Location. On Weir Canyon Road and Oak Hills Drive, the minimum building setback shall be twenty five (25) feet from the right-of-way to the building. This area may include parking, vehicular accessways, and the seven (7) to fourteen (14) foot landscaped area as indicated on the Circulation Plan in the Specific Plan No. 88-2 document. (This subsection replaces Subsections .020 and .030 of Section 18.84.052 "Site Development Standards" of the Anaheim Municipal Code.) 2. Parking Area Landscaping. A minimum ten (10) footscreen planting shall be provided to the rights-of-way of Weir Canyon Road and Oak Hills Drive, which planting may include walls orhberis ms up to three (3) feet high. ay include the seven (7) to fourteen (14) foot landscaped area as indon Plan in the1Specific Planon the CircuNo. 88o -2ddocument. P (This subsection replaces Subsection aping" of the 18.84.052.030 "Parking Anaheim Municipal Code.) Areas 3. Oak Hi11saDrive an W eir Canaonno R oa. Minimum landscaped areas, including sloped areas, shall be a minimum of -14- seven (7) feet for downslope conditions and fourteen ( 14) feet for upslope conditions, varying between conditions as indicated on the Circulation Plan in the Specific Plan No. 88-2 document. E. SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION. Entrance monumentation/signage, both neighborhood and community, shall be permitted as provided for in Section 18.72.100 "Sign Regulations" herein and as shown on Exhibit 16 of the Specific Plan No. 88-2 document. (This subsection is in addition to Section 18.34.067 "Sign Regulations - Advertising and Identification" of the Anaheim Municipal Code.) F. REQUIRED SITE SCREENING. 1. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, and/or any combination thereof, totaling not less than six (6) feet in height, shall be provided along and immediately adjacent to the applicable site boundary line or lot line of this Residential Development Area for that portion abutting any single-family detached Development Area or single-family attached Development Area. The height of any such wall and/or berm shall be measured from the highest finished grade level of the building pad of dwelling units located nearest any such abutting boundary. 2. In cases where there is an intervening slope bank or view opportunity, the height of site screening may be reduced to five (5) feet, and may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof based on view and sound attenuation conditions. 3. Any fencing located in a manner which may obstruct the view from a public -15- I right-of-way shall consist of decorative open-work materials or as otherwise required for sound attenuation and approved by the Planning Commission or City Council. 4. Any wall required adjacent to an expressway or arterial highway shall be constructed either along or adjacent to the property line separating such development from the arterial highway, or at the tope of the slope adjacent to said arterial highway, whichever is the higher elevation. The top of said wall shall be a minimum of five (5) feet above the elevation of the building pad of dwelling units closest to the arterial highway, regardless of whether the wall is constructed on the property line or at the top of the slope. The wall may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof, based on view and sound attenuation conditions. (Subsections 1, 2, 3 and 4, above, replace the first paragraph of 18.34.068 "Required Site Screening" of the Anaheim Municipal Code.) S. Site screening up to seven (7) feet in height may be permitted by the Planning Commission and/or City Council for sound attenuation purposes based on an acoustical sound study. (This subsection adds to Subsection 18.34.068.025 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.)" G. MINIMUM BUILDING SITE AREA PER DWELLING The minimum net building site for condominium, townhouse, townhouse/stacked flat, stacked flat and row house developments shall be two thousand four hundred (2,400) square feet per dwelling unit inclusive of roadways which are not part of the through circulation system. -16- A (This subsection replaces Subsection 18.34.061.010 "Building Site Requirements" of the Anaheim Municipal Code.) H. MINIMUM LOT WIDTH. All lots shall have a minimum width of not less than thirty (30) feet measured from the minimum setback line. (This subsection replaces the first paragraph of Section 18.31.061 "Building Site Requirements" of the Anaheim Municipal Code.) I. MINIMUM LOT DEPTH ADJACENT TO ARTERIAL HIGHWAYS AND EXPRESSWAYS. Depth of lots adjacent to arterial highways shall conform to the requirements of Title 17, Chapter 17.08 "Subdivisions" of the City of Anaheim Municipal Code, with the exception of residential lots which are separated by an open space or landscaped lot which shall be controlled by this section. J. STRUCTURAL HEIGHT AND AREA LIMITATIONS. Maximum overall height of any building shall be thirty-five (35) feet and two (2) stories measured from the highest portion of the structure to the ground floor elevation directly below that point. However, within one hundred and fifty (150) feet of any single-family detached Development Area, except where separated from such Development Area by an arterial highway, the maximum height shall be twenty-six (26) feet and two (2) stories, exclusive of the roof and measured as stated above. (This subsection replaces Subsections .010, .011, .012 and .013 of Section 18.31.062 "Structural Height and Area Limitations" of the Anaheim Municipal Code.) K. MAXIMUM SITE COVERAGE. The maximum coverage by all residential and accessory buildings shall be fifty-five percent (55%) of the building site area. Recreational -leisure area -17- I buildings and facilities shall not be included in the calculation of coverage. (This subsection replaces Subsection 18.31.062.020 "Maximum Site Coverage" of the Anaheim Municipal Code.) L. SETBACKS. 1. Building Location. On arterial highways and expressways (including Oak Hills Drive and Weir Canyon Road) the building setback shall be twenty five (25) feet from the right-of-way to the building. This area may include open parking and vehicular accessways and the landscaping area of seven (7) to fourteen (14) feet as indicated on the Circulation Plan of the Specific Plan No. 88-2 document. (This subsection replaces Subsection 18.84.052.020 "Building Location" of the Anaheim Municipal Code.) 2. Parking Area Landscaping. A minimum ten (10) foot screen planting shall be provided adjacent to arterial highways and expressway right-of-ways (including Oak Hills Drive and Weir Canyon Road). This may include the landscaping area of seven (7) to fourteen (14) feet as indicated on the Circulation Plan of Specific Plan No. 88-2, and walls or berms up to three (3) feet high. (This subsection replaces Subsections .030 and .031 of Section 18.84.052 "Parking Area Landscaping" of the Anaheim Muncipal Code.) 3. Minimum Landscaped Area (Adjacent to Oak Hills Drive an Weir Canyon Road). Minimum landscaped area, including sloped areas shall be a minimum of seven (7) feet for downslope conditions and fourteen (14) feet for upslope conditions, varying between -18- conditions as shown on the Circulation Plan of the Specific Plan No. 88-2 document. 4. Required Improvement of Yards and Setback Areas. Yards and setback areas for condominium, townhouse, townhouse/stacked flat, stacked flat and row house developments shall be landscaped and maintained either by individual lot owners or a homeowners association, as appropriate. (This subsection adds to Subsection 18.31.063.026 "Required Improvement of Yards and Setback Areas" of the Anaheim Municipal Code.) M. REQUIRED RECREATIONAL LEISURE AREA. The minimum private or common recreational -leisure space requirement shall be seven hundred (700) square feet per dwelling unit. Such recreational leisure space may include balconies and patios. The minimum area counted shall be ten (10) feet by ten (10) feet exclusive of driveways. No additional space shall be required. Patios shall have a minimum square footage of two hundred (200) square feet with a minimum ten (10) foot dimension and balconies shall be a minimum of fift (50) square feet with a minimum five (5� foot dimension. (This subsection replaces Subsections .030 and .031 of Section 18.31.063 "Required Recreational -Leisure Area" of the Anaheim Municipal Code.) N. SIGN REGULATIONS - ADVERTISING AND IDENTIFICATION. Entrance monumentation/signage, both neighborhood and community, shall be permitted as provided for in Section 18.72.100 "Sign Regulations" herein and as shown on Exhibit 16 of the Specific Plan No. 88-2 document. (This subsection adds to Section 18.31.067 "Sign Regulations - Advertising and Identification" of the Anaheim Municipal Code.) -19- A 0. REQUIRED SITE SCREENING. 1. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, and/or any combination thereof, totaling not less than six (6) feet in height, shall be provided along and immediately adjacent to the applicable site boundary line or lot line of these Residential Development Areas for that portion abutting an expressway or a commercial area. The height of any such wall and/or berm shall be measured from the highest finished grade level of the building pad of dwelling units located nearest any such abutting boundary and shall be subject to the review and approval of the Planning Commission or City Council. 2. In cases where there is an intervening slope bank or view opportunity, the height of site screening may be reduced to five (5) feet, and may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof based on view and sound attenuation conditions. 3. Any fencing located in a manner which may obstruct the view from a public right-of-way shall consist of decorative open work materials or as required for sound attenuation and approved by the Planning Commission or City Council. 4. Any wall required adjacent to an arterial highway shall be constructed either along and adjacent to the property line separating such development from the arterial highway, or at the top of the slope adjacent to said arterial highway, whichever is the higher elevation. The top of said wall shall be a minimum of five (5) feet above the elevation of the building pad of dwelling units closest to the arterial highway, regardless of whether the wall is constructed on -20- the property line or at the top of the slope. The wall may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof, based on view and sound attenuation conditions. (Subsections 1, 2, 3 and 4, above, replace the first paragraph of Section 18.31.068 "Required Site Screening" of the Anaheim Municipal Code.) S. Site screening up to seven (7) feet in height may be permitted by the Planning Commission or City Council for sound attenuation purposes based on an acoustical sound study. (This subsection adds to Subsection 18.31.068.025 "Required Site Screening - Exceptions" of the Anaheim Municipal Code.)" SECTION 2. 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 3. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 13th day of February , 19 90 . MXYOR OF T CIT F ANAHEIM ATTES . CITY CLERK OF THE CITY OF ANA H IM SJM:db/3493L/030189 -21- L CLERK 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. 5094 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of February, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5094 on the 14th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of February, 1990. d CITY CLERK OF THE CITY OF ANAHEI (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim,,do hereby certify that the foregoing is the original Ordinance No. 5094 and was published once in the Anaheim Bulletin on the 23rd day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM