5080FOLLOWS:
ORDINANCE NO. 5080
AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING ORDINANCE NO. 5019 AND AMENDING
AND ADDING VARIOUS SECTIONS AND SUBSECTIONS
TO CHAPTERS 18.31, 18.32 AND 18.34 OF TITLE
18 RELATING TO RECREATIONAL -LEISURE AREAS IN
RESIDENTIAL, MULTIPLE -FAMILY ZONES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Ordinance No. 5019 of the City of Anaheim amending
and adding various sections and subsections to Chapters 18.31,
18.32 and 18.34 of Title 18 of the Anaheim Municipal Code be, and
the same is hereby, repealed in its entirety.
SECTION 2.
That Subsections 18.31.063.030, 18.31.063.031 and
18.31.063.032 of Section 18.31.063 of Chapter 18.31 of Title 18 of
the Anaheim Municipal Code be, and the same are hereby, amended to
read as follows:
".030 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. On any building site on
which there are located attached one -family, two-family or
multiple -family dwelling units, there shall be provided a
minimum of twelve hundred (1200) square feet of usable
recreational -leisure space for each dwelling unit.
Recreational -leisure space may be provided as private patios,
accessible balconies, roof gardens, and/or common
recreational -leisure areas, as provided hereafter.
.031 Private Recreational -Leisure Areas.
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 private patios for dwelling
units located entirely above the ground floor may be provided
as accessible balconies or decks having a minimum area of
fifty (50) square feet, the least dimension of which shall be
five (5) feet. Where private outdoor living areas are
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provided, the minimum recreational -leisure space requirement
for the building site may be reduced to one thousand (1000)
square feet for each dwelling unit provided with a qualifying
private recreational -leisure area. Any required recreational -
leisure space not provided in private outdoor living areas
shall be provided for in a common recreational -leisure area.
.032 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."
SECTION 3.
That Section 18.31.063 of Chapter 18.31 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
the addition of Subsection 18.31.063.033 to read as follows:
".033 Landscaping Requirements for Common
ecreationa - eisure 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."
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SECTION 4.
That Subsection 18.32.063.031 and 18.32.063.032 be, and
the same are hereby, amended and re -numbered to read as follows:
".031 For Single -Family Dwellings.
On any building site on which there are located no
dwelling units other than either one (1) or two (2) detached
one -family dwellings, there shall be provided a minimum of
five hundred (500) square feet of usable recreational -leisure
space for each dwelling unit. Portions of side and rear yards
may be included in the calculation of recreational -leisure
space to the extent that they are integrated with and usable
as part of a larger recreational -leisure area.
.032 For Multiple -Family Dwellings.
On any building site on which there are located
dwelling units other than either one (1) or two (2) one -family
detached dwellings, there shall be provided a minimum of three
hundred fifty (350) square feet of usable recreational -leisure
space for each dwelling unit. Recreational -leisure space may
be provided for either in private patios, accessible
balconies, roof gardens or common recreational -leisure areas
as provided hereafter.
.033 Minimum Area of Private Recreational -Leisure Areas.
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 not be 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. Where private
outdoor living areas are provided, the minimum recreational -
leisure requirement for the building site may be reduced to
three hundred (300) square feet for each dwelling unit
provided with a qualifying private recreational -leisure area.
Any required recreational -leisure space not provided in
private outdoor living areas shall be provided for in a common
recreational -leisure area.
.034 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
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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."
SECTION S.
That Section 18.32.063 of Chapter 18.32 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
the addition of Subsection 18.32.063.035 to read as follows:
".035 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."
SECTION 6.
That Subsections 18.34.063.031 and 18.34.063.032 of
Section 18.34.063 of Chapter 18.34 of Title 18 of the Anaheim
Municipal Code be, and the same are hereby, amended and
re -numbered to read as follows:
".031 For Single -Family Dwellings.
On any building site on which there are located no
dwelling units other than either one (1) or two (2) detached
one -family dwellings, there shall be provided a minimum of
five hundred (500) square feet usable recreational -leisure
space for each dwelling unit.
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.032 For Multiple -Family Dwellings.
On any building site on which there are located
dwelling units other than either one (1) or two (2) one -family
detached dwellings, 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.
.033 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.
.034 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."
SECTION 7.
That Section 18.34.063 be, and the same is hereby,
amended by the addition of Subsection 18.34.063.035 to read as
follows:
".035 Landscaping Requirements for Common
Recreational -Leisure Areas.
Common recreational -leisure areas provided pursuant
to this Section shall be landscaped with lawn, trees, shrubs
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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."
SECTION 8. 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 9. 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 10. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and Thirty (30) days from and after its final passage, it
shall take effect and be in full force.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 14th day of November, 1989.
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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. 5080 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 7th day of November, 1989,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 14th day of November, 1989, by the following vote of
the members thereof:
AYES:
COUNCIL
MEMBERS:
Daly, Ehrle, Pickler, Kaywood 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. 5080 on the 15th day of November, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of November, 1989.
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 Ordinance No. 5080 and was published once in the
Anaheim Bulletin on the 24th day of November, 1989.
CITY CLERK OF THE CITY OF ANAHEIM