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5080FOLLOWS: ORDINANCE NO. 5080 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 5019 AND AMENDING AND ADDING VARIOUS SECTIONS AND SUBSECTIONS TO CHAPTERS 18.31, 18.32 AND 18.34 OF TITLE 18 RELATING TO RECREATIONAL -LEISURE AREAS IN RESIDENTIAL, MULTIPLE -FAMILY ZONES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Ordinance No. 5019 of the City of Anaheim amending and adding various sections and subsections to Chapters 18.31, 18.32 and 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 2. That Subsections 18.31.063.030, 18.31.063.031 and 18.31.063.032 of Section 18.31.063 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".030 Required Recreational -Leisure Areas. In recognition of favorable climatic conditions and the 'outdoor living' habits of local residents, the following standards are found to be necessary to assure a desirable living environment consistent with the established quality of residential areas in the community. On any building site on which there are located attached one -family, two-family or multiple -family dwelling units, there shall be provided a minimum of twelve hundred (1200) square feet of usable recreational -leisure space for each dwelling unit. Recreational -leisure space may be provided as private patios, accessible balconies, roof gardens, and/or common recreational -leisure areas, as provided hereafter. .031 Private Recreational -Leisure Areas. Private patios for ground floor units or studio -type units shall be not less than two hundred (200) square feet in area, the least dimension of which shall be not less than ten (10) feet; provided, however, that private patios for dwelling units located entirely above the ground floor may be provided as accessible balconies or decks having a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet. Where private outdoor living areas are i provided, the minimum recreational -leisure space requirement for the building site may be reduced to one thousand (1000) square feet for each dwelling unit provided with a qualifying private recreational -leisure area. Any required recreational - leisure space not provided in private outdoor living areas shall be provided for in a common recreational -leisure area. .032 Common Recreational -Leisure Areas. Any common recreational -leisure areas provided pursuant to this Section shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate required areas or setbacks between buildings provided that any building or structure encroaching into the air space above a common recreational - leisure area shall maintain a minimum height clearance of seven and one-half (7-1/2) feet, or such other height as required by the Uniform Building Code. The common recreational -leisure area may incorporate any required yard areas other than front yards or other street setback areas, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. In no event shall any common recreational -leisure area have a minimum dimension of less than ten (10) feet." SECTION 3. That Section 18.31.063 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by the addition of Subsection 18.31.063.033 to read as follows: ".033 Landscaping Requirements for Common ecreationa - eisure Areas. Common recreational -leisure areas provided pursuant to this Section shall be landscaped with lawn, trees, shrubs or other plant materials with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscapes, sculpture, planters and decorative screen -type walls, installed incidentally to the primary plant materials in the landscaping shall be permitted. All common recreational -leisure areas and other required open space areas shall be built in accordance with approved landscape and irrigation plans prepared under the direction of a licensed landscape architect, and shall be installed and permanently maintained in a neat and orderly manner as a condition to lawful exercise of the uses permitted on the building site." -2- i SECTION 4. That Subsection 18.32.063.031 and 18.32.063.032 be, and the same are hereby, amended and re -numbered to read as follows: ".031 For Single -Family Dwellings. On any building site on which there are located no dwelling units other than either one (1) or two (2) detached one -family dwellings, there shall be provided a minimum of five hundred (500) square feet of usable recreational -leisure space for each dwelling unit. Portions of side and rear yards may be included in the calculation of recreational -leisure space to the extent that they are integrated with and usable as part of a larger recreational -leisure area. .032 For Multiple -Family Dwellings. On any building site on which there are located dwelling units other than either one (1) or two (2) one -family detached dwellings, there shall be provided a minimum of three hundred fifty (350) square feet of usable recreational -leisure space for each dwelling unit. Recreational -leisure space may be provided for either in private patios, accessible balconies, roof gardens or common recreational -leisure areas as provided hereafter. .033 Minimum Area of Private Recreational -Leisure Areas. Private patios for ground floor units or studio type units shall be not less than two hundred (200) square feet in area, the least dimension of which shall not be less than ten (10) feet; provided, however, that where private patios are provided for dwelling units located entirely above the ground floor, such areas shall be accessible balconies or decks, and shall have a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet. Where private outdoor living areas are provided, the minimum recreational - leisure requirement for the building site may be reduced to three hundred (300) square feet for each dwelling unit provided with a qualifying private recreational -leisure area. Any required recreational -leisure space not provided in private outdoor living areas shall be provided for in a common recreational -leisure area. .034 Common Recreational -Leisure Areas. Any common recreational -leisure areas provided pursuant to this Section shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive -3- facilities and may incorporate required areas or setbacks between buildings provided that any building or structure encroaching into the air space above a common recreational - leisure area shall maintain a minimum height clearance of seven and one-half (7-1/2) feet, or such other height as required by the Uniform Building Code. The common recreational -leisure area may incorporate any required yard areas other than front yards or other street setback areas, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. In no event shall any common recreational -leisure area have a minimum dimension of less than ten (10) feet." SECTION S. That Section 18.32.063 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by the addition of Subsection 18.32.063.035 to read as follows: ".035 Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas provided pursuant to this Section shall be landscaped with lawn, trees, shrubs or other plant materials with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscapes, sculpture, planters and decorative screen -type walls, installed incidentally to the primary plant materials in the landscaping shall be permitted. All common recreational -leisure areas and other required open space areas shall be built in accordance with approved landscape and irrigation plans prepared under the direction of a licensed landscape architect, and shall be installed and permanently maintained in a neat and orderly manner as a condition to lawful exercise of the uses permitted on the building site." SECTION 6. That Subsections 18.34.063.031 and 18.34.063.032 of Section 18.34.063 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended and re -numbered to read as follows: ".031 For Single -Family Dwellings. On any building site on which there are located no dwelling units other than either one (1) or two (2) detached one -family dwellings, there shall be provided a minimum of five hundred (500) square feet usable recreational -leisure space for each dwelling unit. -4- .032 For Multiple -Family Dwellings. On any building site on which there are located dwelling units other than either one (1) or two (2) one -family detached dwellings, there shall be not less than two hundred (200) square feet of usable recreational -leisure space for each dwelling unit provided as private patios, accessible balconies, roof gardens and/or common recreational -leisure area, as provided hereafter. .033 Minimum Area of Private Recreational -Leisure Areas. Private patios for ground floor units or studio type units shall be not less than one hundred (100) square feet in area, the least dimension of which shall be not less than eight (8) feet; provided, however, that private patios for dwelling units located entirely above the ground floor may be provided by accessible balconies which shall be a minimum of fifty (50) square feet in area, the least dimension of which shall be a minimum of five (5) feet. .034 Common Recreational -Leisure Areas. Any common recreational -leisure areas provided pursuant to this Section shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate required areas or setbacks between buildings provided that any building or structure encroaching into the air space above a common recreational - leisure area shall maintain a minimum height clearance of seven and one-half (7-1/2) feet, or such other height as required by the Uniform Building Code. The common recreational -leisure area may incorporate any required yard areas other than front yards or other street setback areas, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. In no event shall any common recreational -leisure area have a minimum dimension of less than ten (10) feet." SECTION 7. That Section 18.34.063 be, and the same is hereby, amended by the addition of Subsection 18.34.063.035 to read as follows: ".035 Landscaping Requirements for Common Recreational -Leisure Areas. Common recreational -leisure areas provided pursuant to this Section shall be landscaped with lawn, trees, shrubs -5- A or other plant materials with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscapes, sculpture, planters and decorative screen -type walls, installed incidentally to the primary plant materials in the landscaping shall be permitted. All common recreational -leisure areas and other required open space areas shall be built in accordance with approved landscape and irrigation plans prepared under the direction of a licensed landscape architect, and shall be installed and permanently maintained in a neat and orderly manner as a condition to lawful exercise of the uses permitted on the building site." SECTION 8. 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 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. 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. a THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 14th day of November, 1989. SJM:kh 2553L 071089 -7- r 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. 5080 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of November, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of November, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 5080 on the 15th day of November, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of November, 1989. 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. 5080 and was published once in the Anaheim Bulletin on the 24th day of November, 1989. CITY CLERK OF THE CITY OF ANAHEIM