5734ORDINANCE NO. 5734
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5703, AS ADOPTED BY CITY COUNCIL
ON SEPTEMBER 21, 1999 NUNC PRO TUNC.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
C W4[Q a IIN9E-09
SECTION 1.
That Section 1 of Ordinance No. 5703 adopted September
21, 1999, be, and the same is hereby, amended nunc pro tunc to
correct a clerical error, to read as follows:
SECTION 1.
That subsection .090 of Section 18.48.070 of Chapter 18.48 of
Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended, (to add subparagraph (i) to paragraph .0901), to read as
follows:
090 Structural Setback and Yard Requirements.
Buildings and structures within this Specific Plan area shall
be provided with open yards and setbacks extending across the full
width of the property as provided herein. All setbacks shall be
fully landscaped, irrigated, and maintained in a manner in
compliance with the Design Plan. The following minimum setback
requirements shall apply to permanent buildings and structures
constructed within this Zone, except as otherwise provided in
paragraph 18.48.070.120.1208, entitled "SPECIAL INTERSECTION
LANDSCAPE TREATMENT," and elsewhere in this Chapter.
.0901 Setbacks - Abutting Public Rights -of -Way.
Such setbacks shall be measured from the ultimate planned
right-of-way as designated on the Circulation Element of the
General Plan and as further described in Sections 4.0 (Public
Facilities Plan) and 5.0 (Design Plan) of the Anaheim Resort
Specific Plan document.
(a) Lots abutting Katella Avenue between Walnut Street
and Interstate 5 (Santa Ana Freeway) shall have a
minimum fully landscaped front yard setback of
eleven (11) feet.
(b) Lots abutting Harbor Boulevard between Interstate 5
and Orangewood Avenue shall have a minimum fully
landscaped front yard setback of twenty-six (26)
feet.
(c) Adjacent to the following major, primary and
secondary roads within the Specific Plan area, the
minimum setback for buildings seventy-five (75) feet
tall or less shall be twenty (20) feet; for
buildings greater than seventy-five (75) feet, the
minimum setback shall be thirty (30) feet:
(1) Ball Road.
(2) Clementine Street.
(3) Freedman Way.
(4) Harbor Boulevard, north of Interstate 5.
(5) Haster Street/Anaheim Boulevard.
(6) Manchester Avenue (between Harbor Boulevard and
Clementine Street).
(7) Orangewood Avenue.
(8) Pacifico Avenue (Alignment shown on the
Circulation Element of the City of Anaheim
General Plan).
(9) West Street/Disneyland Drive, north of Ball
Road.
(10) West Street, south of Katella Avenue.
(d) Adjacent to local streets within the Specific Plan
area, the minimum setback for buildings thirty-five
(35) feet tall or less shall be ten (10) feet; for
buildings greater than thirty-five (35) feet, the
minimum setback shall be twenty (20) feet. Local
streets include:
(1) Alro Way.
(2) Casa Vista Street.
(3) Mountain View Avenue.
(4) Ox Road.
(5) Vermont Avenue.
(6) West Place (Portion of West Street south of
Ball Road within the Specific Plan area).
(7) Zeyn Street.
(e) For West Street/Disneyland Drive between Katella
Avenue and Ball Road, the minimum setback shall be
nineteen (19) feet.
(f) Adjacent to Walnut Street, the minimum setback shall
be thirty (30) feet.
(g) Adjacent to Convention Way, the minimum setback for
buildings seventy-five (75) feet tall or less shall
be twenty (20) feet; for buildings greater than
seventy-five (75) feet, the minimum setback shall be
thirty (30) feet.
2
(h) Adjacent to Casa Grande Avenue, the minimum setback
shall be twenty (20) feet.
(i) Adjacent to Manchester Avenue between Katella Avenue
and the southern boundary of the Anaheim Resort
Specific Plan Area, the minimum setback shall be
twenty (20) feet.
.0902 Setback Adjacent to Interstate 5 (Santa Ana
Freeway). A minimum ten- (10) foot wide fully landscaped area
shall be provided on any private property located immediately
adjacent to the ultimate right-of-way line of Interstate 5.
.0903 Interior Structural Setback and Yard
Requirements. A minimum ten (10) foot wide fully landscaped
setback shall be required within the area abutting any
interior lot property lines; except that when an interior lot
property line is within one hundred fifty (150) feet of any
single-family or multiple -family residential zone (excepting
an RS -A-43,000 Zone, which has a resolution of intent to a
zone other than residential) or any property encompassed by
the MHP Overlay, an open side yard setback area, with not less
than twenty (20) feet of landscaping adjacent to the property
line, equal to two (2) times the height of any proposed
building or structure as measured to the highest point of the
building, including any penthouse or other structure, shall be
provided. Such setbacks shall be measured from the interior
property line. Setbacks less than two (2) times the height of
any proposed building or structure may be permitted subject to
the approval of a conditional use permit as set forth in
subsection 18.48.070.050 entitled "CONDITIONAL USES AND
STRUCTURES" of this chapter."
In all other respects, said Ordinance No. 5703 shall
remain in full force and effect.
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
3
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.
THE FOREGOING ORDINANCE i
City Council of the City of Anaheim
2000.
ATTEST:
CITY C RK OF THE CITY OF ANAHEIM
36332.1\smann
4
s approved
and adopted by the
this 8th
day of August ,
MAYOR OF T.
CITY OF AHEIM
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. 5734 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 25th day of July, 2000, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 8th day of August, 2000, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of August, 2000.
CITY CLEAK 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. 5734 and was published once in the North County News on the
17th day of August, 2000.
OfW CLERK OF THE CITY OF ANAHEIM