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5092FOLLOWS: ORDINANCE N0. 5092 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 17.06.048 RELATING TO CRIB WALLS AND RETAINING WALLS TO CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Section 17.06.048 be, and the same is hereby, added to Chapter 17.06 of Title 18 of the Anaheim Municipal Code to read as follows: "17.06.048 CRIB WALLS AND RETAINING WALLS .010 PURPOSE OF CHAPTER The City recognizes the need to use crib walls and/or retaining walls when necessary in conjunction with grading in the Hillside Area. In the use of crib walls and retaining walls, it is essential to require certain standards in order to preserve the natural beauty of the Hillside Area. These standards address aesthetic considerations and are imposed in addition to any applicable permit and other requirements for crib walls and retaining walls. .020 REQUIREMENTS The following requirements shall be used in the design of crib walls and retaining walls: .0201 Maximum height shall be 10 feet. .0202 A brow ditch shall be constructed at the top of the wall with additional drainage facilities required. .0203 All crib walls and retaining walls shall be constructed with landscaping and irrigation facilities. The landscaping and irrigation facilities shall be included on the landscaping and irrigation plan to be approved by the Planning Department prior to issuance of the grading permit. For crib walls, a "mist" irrigation system at the top of the wall is preferred but a "drip" irrigation system is an acceptable alternative. Landscaping of retaining walls shall include bushes and trees planted and maintained in a manner to screen the retaining wall from public view. It is also desirable to plant vines at the base of the retaining wall which will cling to the concrete or masonry blocks. A covenant, in a form acceptable to the City Attorney, shall be recorded in the Office of the Orange County Recorder to provide for the continuing maintenance of the landscaping and irrigation facilities. .030 DEVIATION FROM REQUIREMENTS IN SUBSECTION 17.06.048.020 Plans for proposed crib or retaining walls deviating from the standards in Subsection 17.06.048.020 must be approved by the City Engineer or City Council pursuant to this Chapter prior to approval of grading plans or permits." 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. 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. -2- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 6th day of February, 1990. ATTEST: SJM:kh 3219L 072689 -3- a 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. 5092 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of January, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 5092 on the 7th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of February, 1990. 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. 5092 and was published once in the Anaheim Bulletin on the 16th day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM