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3949ORDINANCE NO. 3949 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 18.01.130. "LOT WIDTH" OF CHAPTER 18.01; SECTIONS 18.22.061.0100 18.22.06.1.020, 18.22.061.021 AND 18.22.063.010 OF CHAPTER 18.22; SECTIONS 18.23.06 1.010, 18.23.061.020, 18.23.061.021, 18.23.06.3.010 AND 18.23.06.3.02.0 OF CHAPTER 18.23; SECTIONS 18.24.06.1.010, 18.24.061.020, 18.24.061.02.1, 18.24.063.010 AND 18.24.06.3.020 OF CHAPTER 18.242 TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTION 18.01.130 "LOT WIDTH" TO CHAPTER 18.01; SECTIONS 18.22.061.010,..18.22.061.011, 18.22.061.020,. 18.22.061.0212 AND 18.22.063.010 TO CHAPTER 18.22; SECTIONS 18.23.06.1.010, 18.23.061.011, 18.23.061.020, 18.23.061.0212 18.23.063.020 .18.23.063.040 AND 18.23.063.050 TO CHAPTER 18.23; SECTIONS 18.2.061.010. 18.24.061.020, 18.24.061.021, 18.24.061.0239 18.24.0$3.010,. 18.24.063.020,'18.24.063.040 AND 18'.24.063.05.0 -TO CHAPTER 18.24, TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE. CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:' SECTION 1. That Section 18. 01.130 "Lot Width" of Chapter 18.01; Sections 18.22.061.010, 18.22.061.020, 18.22.061.021 and 18.22.063.010 of Chapter 18.22;. Sections 18.23.061.010, 18.23.061.02.0,. 18.23.061.02.1, .18.23.063.010 and 18.23.063.020 of Chapter 18.23; Sections 18.24.06.1.010, 18.24.061.0209 18.24.061.021, 18.24.063.010, and 18.24.063.020 of Chapter 18.24, Title 18 of the' Anaheim Municipal Code be,.and the same are hereby, repealed. SECTION 2. That a new definition of "Lot Width" be, and the same is hereby added to Section 18.-01.130.of Chapter 18.01 of Title 18 of the Anaheim Municipal Code, to read as follows: ":"Lot, Width'. The horizontal distance between the side lo76- nea measured along a line constituting the closest permissible location of the main building to the front property line." SECTION 3. That new Sections 18.22.061.010, 18.22.061.0112 18.22.061.020 and 18.22.061.02.1 be., and the .same .are hereby, added to Chapter 18.22 of Title 18 of the Anaheim Municipal Code, to read as follows: -1- "18.22..061.010. MinimumLot Area. The minimum lot size shall be one (1) acre(Por y-three thousand five hundred sixty square feet) excluding public and private streets and public and private easements for ingress and egress, provided that legal lots of record on the. effective date of this section regardless of area, . shall be: deemed to comply with this provision. Said minimum lot size shall consist of contiguous land area not .divided into two or more separate parts by such streets or easements for ingress and egress. "18.22,'061'.01.1. ' "Den:sit . Not more than one (1) single -family dwelling, an accessory buildings, per acre shall be erected or maintained in this zone. "18.22.061.020. ' MinimumLot Width. Any division of land hereinafter creaElng Ms. n Mis zone shall create lots having an average 'lot width of all lots in said division of'land of not less than one hundred forty. feet (14.01) and no lot so created shall have a width of less than one hundred-twenty-five feet (1251).. "18.22.061.021. ' Panh8fndle ..or F199 Lots. Notwith- standing the provisions or paragraph .02above, a maximum of one-third (1/3) of the total number of lots created by any division of land in this zone may utilize a "flag" or "panhandle" as their means of providing street frontage, provided that .the "flag" or "panhandle" portion of the lot shall have a minimum width of twenty feet (201) at its narrowest-point. Said lots shall not be included in any calculations determining the average lot width of any division of land as set forth in paragraph .020 above." SECTION 4. That new Section 18.22.063.010 be,' and the same is hereby, added to Chapter 18.22 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.22.063.010. Re guired Setbacks: and 'Yards: All structures aha ma nta n.'a m n mum.se ack of at least fifteen (15 ) feet from any . property line, recorded.private.accessway easement, or recorded hiking or equestrian trails easement; provided, however that the minimum setback to. any "front -on" garage shall be not less than twenty-five (25) feet unless said garage is equipped with an operable .automatic vehicle access door opener, in which case a minimum setback of not less than six (6) feet shall be permitted, subject to all of the following conditions:" -2- SECTION 5. That new Sections 18.23.06.1.0109 18.23.061.0112 18.23.061.02.0, and 18.230'06.1.021 .be, and the .same are hereby, added to. Chapter 18.23'of Title 18 of the Anaheim Municipal Code,.to read as follows: 1118.23.061.010. ''Minimum Lot: Area and Densit . The minimum lot size shall be'22$!066 square ee-t provided that legal lots of record on the .effective date of this section, regardless of area, shall be deemed to. comply with this provision. For the purpose :of calculation of lot area, that portion of the :parcel devoted to public or private streets and public or private .easements of record -for ingress and egress shall be included provided that .the minimum size of any lot,.exclusive of such streets or easements, .shall be 19,0.00..square .feet. Said minimum lot size shall consist .of contiguous land area not divided into two or more'separate parts by. such streets or access easements. "18.23.061.011. .s ' _DD�een,�pi�tt The maximum density in this zone hall be. .as srth in Section 18.23.020 of this Chapter. "18.23.06.1.020. Minimum Lot Width. Any division of land hereinafter. creating lots In this zone :shall create lots having an average lot width of all lots within said division of land of not less than one hundred (100.) feet and no lot .so created shall have a width of less than eighty. -five .'(85) feet; provided, however., that any lot with frontage on the .circular or curvilinear portion of any cul-de-sac shall have .a minimum lot width of not .less than sixty (60) feet. "18.23.061.021. Panhandle or Flag Lots. Notwith- standing the provisions of paragraph .020 above, a maximum of twenty (2.0) percent of the total number of lots created by any division of land in this zone may utilize a "flag" or "panhandle" as their means of provid- ing street frontage provided that the "flag" or "panhandle" portion of such lot shall have a minimum width of twenty (2.0.) feet -at its. narrowest point and further provided that not more than two (2.) such lots shall have frontage on the circular or curvilinear portion of any individual cul-de-sac. Said lots shall not be. included in any calculation determining the average lot width of any division of land as set. forth in paragraph .020.above. -3- 'SECT.ION .6. That new :Sections 18.23.063.010, 18.23.063.02.09. 18.23.063.04.0, and 18.23.063.050 be, and the same are hereby, added to Chapter. 18.23 of Title '18 of the Anaheim Municipal Code, to read as follows:- __._ . . "18:23.063.010.. Front' Yard. There shall be a required front yard area pro" Vlaed and maintained for each -single-family dwelling unit site and said front yard shall be measured from the planned street or high- way right of way line indicated by the General Plan or other -'adopted plans. If the .lot does not abut a public street, the required yard area shallbe measured from the private .access easement which provides primary access to -the property. The' required front yard shall be as follows: "18.23.06.3.020. :Side Yard. There .shall be a required side yard on each side oFThe Tot of not less than ten (10) feet in width. "18.23.06.3.040. 'Equestrian and Hiking Trails. Not- withstanding any other provision hereo , Any structure used for human habitation shall maintain a setback of not less than ten (10) feet from any equestrian or hiking trail easement of record. "18.23'.063-050., Private Access Easements. All dwellings shall maintain a setback of not Teig than ten (10) feet. from any private access easement of record located in the side or rear yard of such property." SECTION 7. That new Sections 18.24.061.010, 18.24.06.1.02.0, 18.24.06.1.021, and 18.24.061.023 be, and the same are hereby, added to.Chapter 18.24 of Title 18 of the Anaheim Municipal Code, to read as follows: "18.24.061.010.' Minimum Lot Area. The minimum lot area shall be -ten thousanc 10,.000 square .feet; provided, however,.that where the Planning Commission or City Council determines that the terrain is such that the enforcement of the minimum lot area of ten thousand (10,00.0.) square feet. set forth herein is impractical, said body may approve a division of land containing lots having an area of less than ten thousand (10,000). square feet, .provided that .the ,., average area of all lots within such division of land shall be ten thousand (10, 0.0.0.) square .feet, and no lots therein shall have an area of less than eight thousand (8,000) square feet. Said minimum lot size shall consist of a contiguous area of land not .divided into two or more separate parts by public or private streets or easements of ingress and egress. -4- "18.24.06.1.020... ' Minimum Lot Width. Any division of land hereinafter. creating ots. n EM s zone shall create lots having an average .lot width of all lots within said division of land of not less than seventy- five'(75.) feet and no lot so created shall have a width of less- than fifty (50) feet. "18.24..061.02.1. ' 'Panhandl'e 'or 'Flag Lots. Notwith- standing the .provisionsBF p graph .0 above, a maximum of ten (10). percent of the total number of lots created by any division of land in this zone may utilize a "flag" or "panhandle": as their means of providing street frontage provided that the "flag" or "panhandle" portion of such lot shall have a minimum width of twenty (20). feet at its narrowest point and further provided that not more than two (2) such lots shall have frontage on the circular or curvilinear portion of any individual cul-de-sac. Said lots shall not .be included in any calculation determining the average lot width of any division of land as set forth in paragraph 02.0 above. "18.2 4.06.1.02 3. 'Cul-de-sac 'Parking. Where .any division of land creates more'than five (5.) lots. with frontage upon the circular or curvilinear portion of any public or private .cul-de-sac street, there shall be provided and maintained for each of said lots having such frontage a minimum of three .(3) off-street parking spaces. in addition to any off-street parking otherwise required by any provision of this Code.. Said additional parking spaces. shall be located in clusters within one hundred (100) feet of the''circular.or curvilinear portion of said cul-de-sac and on property owned and maintained by a mandatory community association." SE'C'TION 8. That new Sections 18.24'006.3'0109.18.24.063-0209 18.24.06.3.040 and 18.24.06.3.050 be, and the same are hereby, added to Chapter 18.24 of Title 18 of the'Anaheim Muncipal Code, toread as follows: "18.24.o63.010. ' .'Front' Yard. There . shall . be a required. ' front yard of .no ess than ten (10 ).. feet and said front yard shall.be.measured from any planned street or highway right-of-way line indicated by the General Plan or other adopted plans. If the lot does not abut a public street, the required yard shall be. measured from �. the private access easement which provides primary access to .the :property. -5- "18.24..063.020.''Side Yard. There shall be a required side yard on each side -o?any lot on which a one-story building or structure is maintained of not less than six (6) feet. On any lot .on which a two-story building or structure is maintained, there shall be'a total combined side yard area of not less than fifteen (15-) feet, neither side'of which shall be less than six (6) feet. "18.24.063.040..- Equestrian and Hiking 'Trails. Not- withstanding any other prow s on ereo , any structure used for human habitation shall maintain a setback of not less than ten (10) feet from any equestrian or hiking trail easement of record. 1118.24.063-050. :,Private. Access Easements. All dwellings shall maintarn—i"19-FERV o not less than six (6) feet from any private access easement of record located in the side or rear yard of such property. SECTION 9. SEVERABILITY. The .City Council of the City of Anaheim hereby. declares that should any section,.paragraph, sentence or word of this chapter 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 chapter independent of the elimination herefrom of any such portion as may be. declared invalid. SECTION 10. The City Clerk shall certify to the passageof 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, printed, 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. THE FOREGOING the City Council of the December , 1978. ATTEST: ORDINANCE is approved and adopted by City of Anaheim this nthday of CITY4;CLERK0 T ITY OF ANA IM JLW:jh -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE. ) as. - CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No.'3949 was introduced'at a.regular meeting of the City Council of the City of Anaheim, held on the 28th day of November, 1978, anti that the same was._duly.passed and adopted at a regular meeting of said City -Council held on the 5th day of'December, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood NOES: COUNCIL MEMBERS: None • ABSENT: COUNCILMELBERS: Seymour AND I FURTHER CERTIFY that the' Mayor Of.. t hA- CiVy ,Q1.. AUaMeimf 0.i9ted .. , said Ordinance No. 3949 on the'5th day of December, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of December, 1978. CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing'is the original Ordinance No. 39+49..and_was.published once in the Anaheim Bulletin on the 15th day of December, 1978. •gd9a Buunvia