5707ORDINANCE NO. 5707
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTIONS .010 AND .020 OF SECTIONS
18.04.048 AND 18.04.049, RESPECTIVELY, OF
CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (FENCE
REQUIREMENTS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsections .010 and .020 of Section 18.04.048 of
Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and
the same are hereby, amended to read as follows:
"18.04.048 REQUIRED SITE SCREENING IN COMMERCIAL, OFFICE AND
PROFESSIONAL ZONES.
.010 General Requirements. Except as otherwise
provided herein, a solid decorative type masonry wall,
landscaped earthen berm, or any combination thereof,
totaling not less than six (6) feet in height, shall be
provided along and immediately adjacent to the site boundary
line of: (a) any single-family residential use abutting any
"RM" zone or multiple family residential development,
freeway, toll road, railroad right-of-way, commercial,
office, outdoor storage or industrial development, or any
alley abutting any such boundary; (b) any multiple -family
development abutting any "RS" zone or single-family
residential use, freeway, toll -road, railroad right-of-way,
commercial, office, outdoor storage or industrial
development, or any alley abutting any such boundary; or (c)
any commercial, office, outdoor storage or industrial
development abutting any residentially zoned or
residentially used property, or any alley abutting any such
boundary. The height of any such wall and/or berm shall be
measured from the highest finished grade level adjacent to
the wall and/or berm.
.020 Exceptions. The general requirements of
subsection .010 shall be applicable except as follows:
.021 Within any required street setback area, the
maximum height of any required wall and/or berm shall
be thirty-six (36) inches.
.022 A required wall or berm along and
immediately adjacent to the side and/or rear yard
boundary line of any development where said side and/or
rear yard abuts a public alley shall be a minimum
height of six (6) feet and may not exceed a maximum
height of eight (8) feet.
.023 A wall or berm along and immediately
adjacent to the boundary line of a commercial
development where said boundary line abuts a residence
shall be eight (8) feet in height.
.024 The site boundary line of any commercial,
office, outdoor storage or industrial development
abutting any railroad right-of-way shall be enclosed to
a height of not less than six (6) feet either by (a)
solid masonry or building walls; (b) chain link fencing
entirely interwoven with PVC, simulated wood slats, or
other durable material as deemed appropriate by the
Planning Director or his or her designee; (c)
landscaped earthen berm; or (d) any combination
thereof. The color and materials of the screening
device shall be compatible with any on-site buildings
and shall be view -screened from the railroad right-of-
way with landscape materials including fast-growing
vines and/or shrubbery. The size, number and species
of the individual plants shall be sufficient to
completely screen the chain link fence within four (4)
years of the time of planting. Planting areas shall be
provided with hose bibs, sprinklers or similar
permanent irrigation facilities and shall be
permanently maintained in a healthy, safe and
attractive state."
SECTION 2.
That subsections .010 and .020 of Section 18.04.049 of
Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and
the same are hereby, amended to read as follows:
"18.04.049 REQUIRED SITE SCREENING IN INDUSTRIAL ZONES- GENERAL.
.010 General Requirements. Except as otherwise
provided herein, a solid decorative type masonry wall,
landscaped earthen berm, or any combination thereof,
totaling not less than six (6) feet in height, shall be
provided along and immediately adjacent to the site boundary
line of: (a) any single-family residential use abutting any
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"RM" zone or multiple -family residential development,
freeway, toll road, railroad right-of-way, commercial,
office, outdoor storage or industrial development, or any
alley abutting any such boundary; (b) any multiple -family
development abutting any "RS" zone or single-family
residential use, freeway, toll road, railroad right-of-way,
commercial, office, outdoor storage or industrial
development, or any alley abutting any such boundary; or (c)
any commercial, office, outdoor storage or industrial
development abutting any residentially zoned or
residentially used property, or any alley abutting any such
boundary. The height of any such wall and/or berm shall be
measured from the highest finished grade level adjacent to
the wall and/or berm.
.020 Exceptions. The general requirements of
subsection .010 shall be applicable except as follows:
.021 Any access gates leading to an outdoor use
of an industrial nature shall be constructed of durable
view -obscuring material as approved by the Planning
Director or his or her designee to provide effective
sight screening.
.022 A required wall or berm along and
immediately adjacent to the side and/or rear yard
boundary line of any development where said side and/or
rear yard abuts a public alley shall be a minimum
height of six (6) feet and may not exceed a maximum
height of eight (8) feet.
.023 A required wall or berm along and
immediately adjacent to the boundary line of any non-
residential development where said boundary line abuts
a residence shall be eight (8) feet in height. Within
any required street setback area, the height of any
required wall or berm may not exceed thirty-six (36)
inches.
.024 The site boundary line of any commercial,
office, outdoor storage or industrial development
abutting any railroad right-of-way shall be enclosed to
a height of not less than six (6) feet either by (a)
solid masonry or building walls; (b) chain link fencing
entirely interwoven with PVC, simulated wood slats, or
other durable material as deemed appropriate by the
Planning Director or his or her designee; (c)
landscaped earthen berm; or (d) any combination
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thereof. The color and materials of the screening
device shall be compatible with any on-site buildings
and shall be view -screened from the railroad right-of-
way with landscape materials including fast-growing
vines and/or shrubbery. The size, number and species
of the individual plants shall be sufficient to
completely screen the chain link fence within four (4)
years of the time of planting. Planting areas shall be
provided with hose bibs, sprinklers or similar
permanent irrigation facilities and shall be
permanently maintained in a healthy, safe and
attractive state."
SECTION 2. 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 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.
SECTION 4. PENALTY
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 ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
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portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 16th day of November ,
1999. I
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
32522.1\SMANN
MAYOR OF THE CITY OF A$A1TEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5707 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 2nd day of November, 1999, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 16th day of November, 1999, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5707
on the 16th day of November 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of November, 1999.
ITY CLE K OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5707 and was published once in the North County News on the
24th day of November, 1999.
ITY CtLIFIRR OF THE CITY OF ANAHEIM
PROOF 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 twenty
one 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:
November 25, 1999
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct':
Date November 25 _ 19_ 99
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 634-1567
This space is for the County Clerk's Filing Stamp
VAo
Proof of Publication of
6EOoA1. tip"
NOVICE IDFA0O*J1r*K OF Otipit{ WE .
ORDINANCE NO. 5707, At h% retg�vW mi6ng
held Nouet r 16, 1999, fire Andhe)m 'City
Count" voted an adopflon of this Ordln—e
with the following fesutt:
Ayes. Feldhaus, Kring:,. Tait, and Daly
Noes: ; None
Abstain: NbAe
Absent: McCracken
AN ORDINANCE OF THE CITY OF ANA14EIM
TION 04 04t CA#D 8.04.049, RE TIONS .010 AND. 2SPECTIALY,
OF 'CHAPTER 16,04 OF TITLE 8 OF THE -ANA;
MUNICIPAL
MUNICFPALgODE RELATING TO ZONING (F CE
REQU1REM TS).
if you wish a full copy of the text of the above
Ordlnariee; Please Call the Office of the City
Clerk
ren. andof A6:000 P.M. 7 Monday throug65-5166, h Friday.
There is no charge for the COPY.
Published: Anaheim Bulletin
November 25,1999 25-1556
8HU200500
PROOF OF PUBLICATION