5086FOLLOWS:
A
ORDINANCE NO. 5086
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.01.090 OF CHAPTER
18.01, ADDING NEW CHAPTER 18.96, AND
ADDING VARIOUS SUBSECTIONS TO VARIOUS
OTHER CHAPTERS OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING
TO ZONING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 18.01.090 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
the addition thereto of the new term "Deck -Type Housing" and
definition thereof to read as follows and to be inserted in said
Section in proper alphabetical sequence:
"'Housing, Deck -Type.' Attached or semi -attached
one -family dwellings, multiple dwellings, condominiums or
Residential Planned Unit Development dwelling units, as otherwise
authorized in the zone in which located, and situated wholly or
partially on top of a communal parking structure providing parking
spaces for said dwellings, regardless of whether such parking
structure is located above or below ground level."
SECTION 2.
That new subsection .035 be, and the same is hereby,
added to Section 18.31.050 of Chapter 18.31 of Title 18 of the
Anaheim Municipal Code to read as follows:
".035 Deck -type housing as defined in Section
18.01.090, subject to compliance with Chapter 18.96 hereof."
SECTION 3.
That new subsection .045 be, and the same is hereby,
added to Section 18.32.050 of Chapter 18.32 of Title 18 of the
Anaheim Municipal Code to read as follows:
".045 Deck -type housing as defined in Section
18.01.090, subject to compliance with Chapter 18.96 hereof."
SECTION 4.
That new subsection .065 be, and the same is hereby,
added to Section 18.34.050 of Chapter 18.34 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.065 Deck -type housing as defined in Section
18.01.090, subject to compliance with Chapter 18.96 hereof."
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SECTION S.
That new subsection .045 be, and the same is hereby,
added to Section 18.80.050 of Chapter 18.80 of Title 18 of the
Anaheim Municipal Code to read as follows:
".045 Deck -type housing as defined in Section
18.01.090, subject to compliance with Chapter 18.96 hereof."
SECTION 6.
That new subsection .045 be, and the same is hereby,
added to Section 18.81.050 of Chapter 18.81 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.045 Deck -type housing as defined in Section
18.01.090, subject to compliance with Chapter 18.96 hereof."
SECTION 7.
That new Chapter 18.96 be, and the same is hereby, added
to Title 18 of the Anaheim Municipal Code to read as follows:
"CHAPTER 18.96
CRITERIA FOR DECK -TYPE HOUSING PROJECTS
18.96.010 DESCRIPTION AND PURPOSE.
The purpose of this chapter is to provide minimum
standards for the orderly development of deck -type housing as
defined in Section 18.01.090 of this Code and to maintain and
enhance those living environment characteristics consistent with
established community values. Due to the fact these are minimum
standards, additional enhancements are encouraged.
18.96.020 CONDITIONAL USE PERMIT REQUIRED.
Deck -type housing developments shall be permitted as a
conditional use only in the RM -3000, RM -2400, RM -1200,
PD-C/RM-2400 and PD -C Zones ("underlying zones") of the City;
provided, however, that (i) no such development shall be permitted
in that area of the City designated as the Scenic Corridor lying
south of the Riverside Freeway (SR -91) and east of the Costa Mesa
Freeway (SR -55), and (ii) said developments shall be permitted
only in such underlying zones provided a conditional use permit is
first approved therefor, pursuant to the provisions of Chapter
18.03 of this Title.
18.96.030 SITE DEVELOPMENT STANDARDS.
This chapter recognizes deck -type housing development as
a special category of residential construction because of unique
characteristics related to building mass, landscaped open space,
recreation areas, and land use compatibility with surrounding land
uses. Such developments are characterized by dwelling units
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located above a communal parking structure, treated deck surfaces,
potted trees or planter boxes and limited recreational areas. In
order to insure a suitable living environment and to protect the
health, safety and general welfare of the community, the following
site development standards shall apply in addition to, and where
inconsistent therewith shall supersede, any regulations of the
underlying zone; provided, however, that for Senior Citizens'
Apartment Projects proposed as deck -type development, the
provisions of Chapter 18.94 of this Title shall also apply.
18.96.031 BUILDING SITE REQUIREMENTS.
.010 Minimum Building Site Width. The minimum
building site width shall e eig ty- iveFeet.
18.96.032 STRUCTURAL HEIGHT AND AREA LIMITATIONS.
.010 Building and Structural Height Limitations.
The maximum height of any building shall be as authorized by the
conditional use permit approving such project provided that for
parcels located within 50 feet of any single-family residential
zoned property (except (i) property under a resolution of intent
to any commercial or multiple -family zone, (ii) property dedicated
to and used for public purposes or (iii) property which is
developed for, or approved for development of, any non -
single -family residential use) the height of any structure shall
not exceed a height equal to one-half the distance from such
structure to said single-family residential zoned property as
measured to the nearest point. For purposes of this section, the
height of any structure shall be the vertical measurement between
the lowest point on the property line to the ceiling of the
uppermost story (including the ceiling of the garage structure
when there are no dwellings above that portion of said garage
structure).
.020 Lot Covera e. Lot coverage by all residential
and accessory structures s all a as authorized by the conditional
use permit approving such project.
.030 Minimum Floor Area. The minimum floor area
per dwelling shall be as required in the underlying zone.
18.96.033 STRUCTURAL SETBACK AND YARD REQUIREMENTS.
.010 Minimum Structural Setback from Street. The
minimum structural setback from any street shall be as required in
the underlying zone except that said setback shall be increased an
additional ten (10) feet for the parking structure where said
parking structure is less than 50o below natural grade level as
measured at the curb (grade at curb shall include any additional
building pad height required by the UBC for drainage purposes,
provided said height shall not exceed an additional twenty-four
(24) inches.
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.020 Minimum Interior Yards. The minimum interior
yards shall be as required in the un erlying zone provided,
however, that the minimum interior yard required for determining
the setback from any adjacent property line shall be as follows:
(i) zero (0) foot yard area for the parking structure only,
provided that the maximum height of the finished deck surface
above existing grade shall be no greater than six (6) feet; (ii)
ten (10) foot yard area for the parking structure where the height
of the finished deck surface exceeds six (6) feet; and (iii) ten
(10) foot yard area for any dwelling units;
.030 Required Improvement of Setbacks and Yards.
Yards and setback areas shall be landscaped and irrigated with
lawns, trees, shrubs or other plant materials and shall be
permanently maintained in a neat and orderly manner. Pedestrian
walks and recreational -leisure areas shall be permitted in said
areas. The following decorative elements are permitted where they
are integral parts of a landscape scheme consisting primarily of
plant materials: (i) fountains, ponds, sculptures and planters,
and (ii) fences, walls and hedges conforming to the provisions of
Sections 18.04.043 of this Title.
.040 Minimum Recreational -Leisure Area. The
minimum recreational -leisure area shall not be less than two
hundred (200) square feet per dwelling unit and shall be provided
for either in private patios, accessible balconies, deck gardens,
or common recreational -leisure areas. Enhancements to
recreational -leisure areas beyond the minimum standards are
strongly encouraged.
.041 Minimum Area and Location of Private
Recreational -Leisure Area. Deck level private patios s all be not
less than one hundred 100) square feet in area, with no dimension
of less than eight (8) feet; and shall be separated from common
deck area by either (i) a fence or wall with a height not less
than four feet six inches (416") and not greater than six feet
(61), or (ii) by a raised landscaped planter with a minimum height
of two feet six inches (216") . Where living units above the deck
level are served by a private balcony, said balcony shall be a
minimum of fifty (50) square feet, with no dimension of less than
five (5) feet. Where a patio exists directly below, no balcony
shall overhang more than sixty-two percent (62a) of the area of
said patio below. No patio or balcony shall be used as an area
for general storage.
.042 Useable Common Recreational -Leisure Area.
Useable common recreational -leisure area shall be not less than
one hundred and twenty (120) square feet in total area, with no
dimension of less than ten (10) feet. Said areas shall be located
close to major pedestrian circulation routes, but shall not be a
part of circulation routes. Useable common recreational -leisure
area may include, but shall not necessarily be limited to,
landscaped areas, swimming pools, barbecue facilities,
multi-purpose recreation rooms, saunas, jacuzzis and court
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facilities. Said common areas may extend into interior yard areas
and shall be screened from all streets and other adjacent land
uses by way of solid building walls, six (6) foot high decorative
solid block walls, or six (6) foot high permanently maintained
landscape hedges. Any indoor recreational -leisure area shall be
provided in a room having a minimum floor area of one -thousand
(1000) square feet.
.OSO Deck Treatment. A minimum of sixty (60)
percent of the total deck surface excluding areas of the deck
occupied by private patios) shall be landscaped with grass, ground
cover, or other live plant materials. The remaining deck surfaces
shall be paved with tile, concrete, brick pavers or an equivalent
material.
18.96.034 PERMITTED ENCROACHMENT INTO REQUIRED
YARDS.
Permitted encroachments into required yards, unless
otherwise expressly provided herein, shall be the same as allowed
in the underlying zone.
18.96.035 MINIMUM DISTANCE BETWEEN BUILDINGS AND
MINIMUM PEDESTRIAN ACCESSWAYS.
.010 Minimum Distance Between Buildings. The
minimum distance betweenbuuildings shah be t e same as required
in the underlying zone.
.020 Pedestrian Accessways. Any ground -level or
deck -level pedestrian accessway providing primary access to any
dwelling unit or public recreational -leisure area from a public or
private street, alley or private driveway shall have a minimum
unobstructed width of eight (8) feet.
18.96.036 OFF-STREET PARKING REQUIREMENTS.
.010 Minimum Number, Type and Design of Parking
Spaces. The minimum number, type and design of parking spaces
shall comply with the requirements of Section 18.06.050 of the
Anaheim Municipal Code.
.020 Vehicular Access. Vehicular access
requirements shall be the same as required in the underlying zone.
.030 Gates. All vehicular accessways leading into
the communal parking garage or structure shall have a gate
equipped with an automatic opening device and "knox" box and shall
comply with the requirements set forth in Engineering Standard No.
402, "Parking Standard Detail" and No. 604, "Parking Structure
Design - Clear Span".
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18.96.037 REQUIRED SITE SCREENING.
.010 Boundary Screening. Except as otherwise
provided herein, a solid ecorative-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 any site boundary abutting any freeway, expressway,
railroad right-of-way, or interior site boundary. The height of
any such wall and/or berm shall be measured from the highest
finished grade level adjacent to said wall and/or berm. Where
open walls (for ventilation purposes) are exposed to view from
public streets, the percent of wall surface left open, screened or
grated for ventilation purposes should be limited to fifty (50)
percent of the exposed wall surface unless the distance from
finished grade to the top of deck surface is less than two feet
six inches (216"). When the height differences between existing
grade and deck top is greater than two feet six inches (2161), an
earthen berm or raised planter or combination thereof with a
minimum height of two feet six (216") inches shall be provided in
the adjoining front or sideyard setback. Further, all plumbing,
electrical or other utility appurtenances shall be screened as
provided herein, where otherwise exposed to public view.
.020 Exceptions. Walls exceeding the maximum
height otherwise specified in Section 18.04.043 of this Title may
be authorized by the conditional use permit approving such project.
18.96.038 REQUIRED REFUSE AND PRIVATE STORAGE AREA.
.010 Refuse Storage Area. Refuse storage shall
conform to the standards as s own on the document entitled "Refuse
Container Enclosure for Multiple -Family Residential, Commercial
and Industrial Use (Form 139)" on file with the City of Anaheim,
or as otherwise approved by the City Director of Maintenance.
.020 Private Storage Areas. Private storage areas
of not less than one Fundred (100)cubic teet capacity shall be
provided for each dwelling unit and shall be provided in an
enclosure in one or more of the following locations: M over the
assigned parking stall; (ii) in a common storage area properly
screened from view; or, (iii) adjacent to the patio or balcony of
a unit.
18.96.039 LANDSCAPE REQUIREMENTS.
.010 Required Landscape Plans. In conjunction with
submittal of a petition for a conditional use permit pursuant to
this chapter, a detailed landscape plan shall be submitted clearly
specifying exact quantity and type of landscaping, and indicating
size of landscaping at time of planting and maturity. All such
landscaping shall be permanently maintained (including replacement
and replanting) in accordance with the landscape plan approved in
conjunction with the conditional use permit for the project.
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.020 Deck Landscape Requirements. Landscaping of
deck areas shall consist of grass, ground cover, and planter
boxes, permanently irrigated and sufficiently drained, and
conforming to the provisions of Section 18.96.033.050 of this Code.
All trees shall be of a size of not less than
fifteen (15) gallons and shrubs a minimum of five (5) gallons at
time of planting. Plants and trees that produce flowers or fruit
shall not be placed where said flowers or fruit will cause a
nuisance or hazard to pedestrians.
18.96.040 REQUIRED ELEVATORS
Elevator(s) shall be required in deck -type housing
developments as follows: (i) when there are two (2) levels of
living units above the parking structure, an elevator is required
providing access from the garage level(s) of the parking structure
to the first story of the dwelling units; (ii) when there are
three or more stories of dwelling units above the parking
structure deck level, an elevator is required providing access
from the garage level(s) to all stories of dwelling units. Where
elevators are required, all main entrances to dwelling units shall
be within two -hundred (200) feet of an elevator entrance. For
Senior Citizens' Apartments, the requirements in subsection
18.94.032.011 of this Code shall be applicable.
18.96.041 REQUIRED AREA ELEVATION DRAWINGS.
In addition to the required submittal of elevation
drawings, the following information shall be submitted for
deck -type housing developments at the time of submittal of the
petition for conditional use permit: (i) an area elevation
drawing showing the relationship of the proposed development with
existing adjacent development and/or uses in all adjacent
directions, including photographs of the block on which the
development is located and referencing the subject site on the
photograph; (ii) elevations of the interior deck -level of the
project including cross-section drawing to the garage area below
with uses and features indicated; and (iii) line -of -sight
drawings where exterior facing balconies or deck -level patios may
impact adjacent properties or uses.
SECTION 8.
To the extent any provision(s) of this ordinance would
otherwise apply to the development of property and said
provision(s) ("new regulations") contain restrictions or
limitations on the development of property greater than the
provisions which existed immediately prior to the time this
ordinance became effective ("prior regulations"), said prior
regulations shall continue to apply (and said new regulations
shall not apply) to the following projects:
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1. Any project (i) for which building plans were
submitted to the City of Anaheim Building Division for plan check
prior to January 2, 1990, for purposes of obtaining building
permit approval and pursuant to which plans a building permit was
subsequently issued by the City, and (ii) for which construction
is commenced within one year following the date of issuance of
said building permit.
2. Any project (i) for which specific plans for
development were finally approved by the Zoning Administrator,
Planning Commission or City Council pursuant to a zone
reclassification, conditional use permit or zone variance
("discretionary approval") prior to February 9, 1990, and (ii) for
which a building permit is issued within one year following the
date of such discretionary approval and (iii) for which
construction is commenced within one year following the date of
issuance of said building permit.
SECTION 9. 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 10. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, it is the
intent of the Council that it would have passed all other
remaining portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid and that such remaining portions shall remain in full
force and effect.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 9th day of January, 1990.
M OR OF THE CIZI CF EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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2879L/122689 -8-
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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. 5086 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 2nd day of January, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 9th day of January, 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. 5086 on the 10th day of January, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 10th day of January, 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. 5086 and was published once in the
Anaheim Bulletin on the 19th day of January, 1990.
CITY CLERK OF THE CITY OF ANAHEIM