6170ORDINANCE NO. 6170
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTION .020 OF SECTION 18.18.060
OF CHAPTER 18.18 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO BUILDING HEIGHT
EXCEPTIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That subsection .020 of Section 18.18.060 of Chapter 18.18 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Height Exceptions.
.0201 Chimneys erected and maintained as an integrated feature of a dwelling may
exceed the applicable height limitations of this section;
.0202 Nonhabitable architectural embellishments (except chimneys) otherwise permitted
in the underlying zone (including, but not necessarily limited to, cupolas, spires, turrets, towers
and horizontal roof ridgelines; provided any such ridgeline does not exceed ten (10) feet in
length nor ten percent (10%) of the combined total length of all horizontal roof ridgelines on the
structure, whichever is less), may exceed the applicable height limitations of this section;
provided:
01 The maximum height of any such embellishment shall not exceed thirty (30) feet;
and
.02 The combined total horizontal area of all such embellishments exceeding the
twenty-five (25) foot height limitation shall not exceed ten percent (10%) of the total roof area;
.0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1) story
height overlay zone is hereby established and imposed upon those certain lots abutting the area
known as "Peralta Hills," and located on the north side of Valley Gate Drive, the east side of
Sleepy Meadow Lane north of Forest Glen Road, and the north side of Forest Glen Road and Old
Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot
Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract
No. 8647. Notwithstanding any other provision of this Code, the maximum structural height on
said lots shall not exceed one (1) story or twenty-five (25) feet, whichever is less, except as
otherwise permitted in this subsection .020. The term "One -Story," as used in this subsection,
1
shall mean a single habitable floor, and shall not permit any loft, mezzanine, balcony or similar
habitable floor or area above such single habitable floor;
.0204 The maximum height of any building in the area known as "Hidden Canyon,"
defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty-five (35)
feet, except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in
Chapter 18.40 (General Development Standards);
.0205 Lots within Tracts 10996, 10997, 10998, and 13760 are subject to a Resolution
No. 80-1407 of the Board of Supervisors of Orange County, dated September 2, 1980. This
resolution indicates "Texaco -Anaheim Hills, Inc. has given verbal assurance that the viewshed
from the floor of Weir Canyon will be protected from proposed residential development along
the westerly rim of the canyon through private open space mitigations such as estate densities,
restricted grading, landscaping edge treatments, and/or covenants, conditions and restrictions."
Any new construction within these tracts must receive County approval indicating compliance
with this agreement.
.0206 The maximum height of any residential building within Tract No. 17289, also
known as the "Robertson Property" defined as the residential development located south of the
Riverside (SR -91) Freeway, east of Gypsum Canyon Road and east of the Mountain Park
Specific Plan (SP90-4) area in the City of Anaheim, shall be thirty (30) feet, except as otherwise
permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General
Development Standards)."
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence; clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted 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.
2
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 27thday of April , 2010, and thereafter
passed and adopted at a regular meeting of said City Council held on the 4th day of
May , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
CITY OF ANAHEIM
By: ai !!q, \000
MAYOR OF THE CITY A
ATTEST:
)142,/, A / ---)
CITY CL 'K"_0F THE CITY F ANAHEIM
76229.v 1 /MGordon
3
AFFIDAVIT 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
eighteen 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:
May 13, 2010
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 13, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
ORDINANCE NO.6170
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
020 OF SECTION 18.18.060 OF CHAPTER 18.18 OF TITLE 18 OF THE ANA-
HEIM MUNICIPAL CODE RELATING TO BUILDING HEIGHT EXCEPTIONS.
_ows: '
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOL -
SECTION 1.
That subsection .020 of Section 18.18.060 of Chapter 18.18 of Title 18.of the Ana-
neim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Height Exceptions.
.0201 Chimneys erected and maintained as an integrated feature of -a dwelling
may exceed the applicable height limitations of this section;
.0202 Nonhabitable architectural embellishments (except chimneys) otherwise per-
mitted in the underlying zone (including, but not necessarily limited to, cupolas, spires, tur-
rets, towers and horizontal roof ridgelines; provided anyy such reline does not exceed
ten (10) feet in length nor ten percent (10%) of the crombined total' length of all horizontal
roof riddgelines on the structure, whichever is less), may exceed the applicable height limi-
tations of this section; provided:
.01 The maximum height of any such embellishment shall not exceed thirty (30)
feel; and
.02 The combined total horizontal area of all such embellishments exceeding the
twenty-five (25) foot height limitation shall not exceed ten percent (10%) of the total roof
area;
.0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1)
story height overlay zone is hereby established and imposed upon those certain kNs abut-
ting the area known as 'Peralta Hills,' and located on the north side of Valley Gate Drive,
the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of For-
est Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road,
and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos.
24 through 46, inclusive, of Tract No. 8847 Notwithstanding any other provision of this
Code, the maximum structural height on said lots shall not exceed one (1) story or twenty-
five (25) feet, whichever is less, except as otherwise permitted in this subsection .020. The
tern "One -Story,' as used in this subsection,
shall mean a single habitable floor, and shall not permit any loft; mezzanine, balcony or
similar habitable floor or area above such single habitable floor;
0204 The maximum height of any building in the area known as "Hidden Can-
yon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be
thirty-five (35) feet, except as otherwise permitted in Section 18.40.030 (Structural Height
Limitations) in Chapter 18.40 (General Development Standards);
0205 Lots within Tincts 10996, 10997, 10998, and 13760 are subject to a Resolu-
tion No. 80-1407 of the Board of Supervisors of Orange County, dated September 2, 1980.
This resolution indicates"Texaco Anaheim Hills, Inc. has given verbal assurance that the
viewshed from the Noor of Weir Canyon will be protected from proposed residential devel-
opment along the westerly rim of the- canyon through private open space mitigations such
as estate densities; restricted grading, landscaping edge treatments, and/or covenants,
conditions and restrictions." Any new construction within these tracts must receive County
approval indicating compliance with this agreement.
.0206 The maximum height of any residential building within Tract No. 17289, also
known as the "Robertson Property" defined as the residential development located south
of the Riverside ISR -91)) Freeway, east of Gypsum Canyon Road and east of the Mountain
Park Specific Plan (SP90-4) area in the City of Anaheim, shall be thirty ((30) feet, except as
wi
otherse permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40
(General Development Standards)."
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be de-
olared for any reason invalid by the final judgment of any court of competent jurisdiction, it
is the intent of the City Council that it would have adopted all other portions of this ordi-
nance independent of the elimination herefrom of any such portion as may be declared in-
valid. -
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, nod be construed as a waiver of any li-
cense 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 previ--
.ously 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 was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 27th day of April, 2010, and thereafter passed
and adopted at a regular meting of said City Council held on the 4th day of May, 2010, by
the following roll call vote:
AYES; Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
s/,s Curt PAri le
MAYOR OF THE-7r:TY'OF ANH�M
PROOF OF PUBLICATION ATTEST:
9/s Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
Publish; Anaheim Bulletin May 13 2010 9237320