6447ORDINANCE NO. 6 4 4 7
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 17.06.131 (SLOPE PLANTING GENERAL) OF
CHAPTER 17.06 (GRADING, EXCAVATIONS AND FILLS IN
HILLSIDE AREAS) OF TITLE 17 (LAND DEVELOPMENT
AND RESOURCES) OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PLANTING MATERIALS ON SLOPES AND
MAKING FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, Chapter 17.06 (Grading, Excavations, and Fills in Hillside Areas) of the
Anaheim Municipal Code contains regulations that apply to all land falling with the classification
of "Hillside Area;" and
WHEREAS, Section 17.06.131 (Slope Planting General) of the Anaheim Municipal Code
provides for landscaped slopes to be categorized for protection and beautification depending on
their location and utilization and provides that planting materials are to be selected in the
recommended list for all cut and fill slopes in the hillside areas; and
WHEREAS, in October 2017, the Canyon 2 Fire started in the City and spread rapidly
into multiple jurisdictions. The Canyon 2 Fire consumed 9,217 acres, and despite the severe
conditions and rapid progress of the fire, no lives were lost. However, 14 homes were destroyed,
another 44 homes damaged, one commercial building damaged, and 21 other outbuildings
damaged or destroyed; and
WHEREAS, following the Canyon 2 Fire, the Anaheim Fire Department prepared the
Canyon Fire After Action Plan, which included several recommendations to protect against
future fire devastation, and identified the need for further evaluation of the City's current tree
preservation requirements with regards to fire resistive trees in slopes; and
WHEREAS, because some species of trees are undesirable and invasive, and can easily
transmit fire between each other and/or to structures, the City Council desires to amend Chapter
17.06 (Grading, Excavations, and Fills in Hillside Areas) of Title 17 (Land Development and
Resources) of the Anaheim Municipal Code to modify the slope recommended tree, shrub, and
groundcover lists to eliminate planting materials that have highly flammable characteristics and to
recommend planting materials that are fire-resistant and non-invasive in order to be in compliance
with the Recommended Acceptable Fire Resistive Plant Species List and to allow City Engineer to
permit substitutions to this list that are non-invasive and fire-resistant species with low-water
demand; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), because adoption of this ordinance will not result
in a direct or reasonably foreseeable indirect physical change in the environment and therefore is
not a project as defined in Section 15378 of the CEQA Guidelines. Further, pursuant to Section
15301 (Class 1) and Section 15304 (Class 4) of the CEQA Guidelines (California Code of
Regulations, Title 14, Chapter 3), this ordinance is categorically exempt from CEQA. Class 1
consists of maintenance of existing landscaping and native growth. Class 4 consists of minor
public or private alterations to the condition of land, water, and/or vegetation, which do not involve
the removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Pursuant
to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the proposed project for which staff would anticipate a
significant effect on the environment and, therefore, the proposed project is categorically exempt
from the provisions of CEQA; and
WHEREAS, the City Council determines that this ordinance is in accord with the public
purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Section 17.06.131 of Chapter 17.06 (Grading, Excavations and Fills
in Hillside Areas) of Title 17 (Land Development and Resources) of the Anaheim Municipal
Code be amended to read as follows:
17.06.131 SLOPE PLANTING GENERAL.
.010 Landscaped slopes shall be categorized for protection and beautification depending on
their location and utilization and as described in Sections 17.06.132.010, .020, .030, .040 and .050.
The category designated by the landscape architect, subject to review and approval by the City
Engineer, will be indicated on each sheet of submitted landscape and irrigation plans indicating
both the boundaries and the total area for each category.
.020 Planting materials shall be selected in the recommended list for all cut and fill slopes in
the hillside areas. Substitutions for listed recommended planting varieties may be made provided
that both the material physical area and size are specified and that such data be supported by
recognized horticultural documentation. Substitutions shall be subject to review and approval by
the City Engineer, in consultation with the City Arborist (defined in Section 18.18.040.0103 of the
Anaheim Municipal Code), and shall be non-invasive and fire-resistant species with low-water
demand. Removal of any existing trees, including previously recommended trees, Eucalyptus
varieties (Eucalyptus), Quercus varieties (Oak), Schinus varieties (Pepper), or Platanus varieties
(Sycamore), with a trunk measuring eight (8) inches or greater in circumference, measured at a
point four (4) feet above ground level, or, in the case of Eucalyptus varieties, twenty (20) inches
or greater in circumference, measured at a point four (4) feet above ground level, on slopes greater
than 15 -feet in height, will require review and approval of the City Engineer for slope stability
purposes.
.030 Recommended slope trees are outlined in Table I. Recommended slope shrubs are outlined
in Table II. Recommended ground covers are outlined in Table 111. Recommended procedures for
designing slopes are outlined in Table IV."
SECTION 2. That Table I (Recommended Tree List), Table II (Recommended Shrub
List) and Table III (Recommended Ground Cover) of Chapter 17.06 (Grading, Excavations and
Fills in Hillside Areas) of the Anaheim Municipal Code be amended to read as follows:
TABLE I
RECOMMENDED TREE LIST
Botanical Name
Common Name
Area in Ten (10) Years
Albizia julibrissin
Silk Tree
500
Alnus rhombifolia
White Alder
300
Arbutus menziesii
Madrone
500
Brachychiton acerifolius
Flame Tree
300
Ceratonia siliqua
Carob Tree
300
Cercis occidentalis
Western Redbud
175
Chorisia speciosa
Floss Silk Tree
175
Cinnamomum camphora
Camphor Tree
175
Erythrina caffra
Coral Tree
500
Gleditsia triacanthos
Honey Locust
500
Jacaranda mimosifolia
Jacaranda
700
Liquidambar rotundiloba
American Sweet Gum
300
Platanus racemosa
California Sycamore
700
Quercus agrifolia
California Live Oak
300
Tipuana Tipu
Tipu Tree
500
(Walnut) Juglans
Ca. Black Walnut
500
californica
TABLE II
RECOMMENDED SHRUB LIST
Botanical Name
Aesculus californica
Arctostaphylos Varieties
Bougainvillea Species
Callistemon citrinus (lanceolatus)
Callistemon citrinus jeffersii'
Comarostaphylos
diversifolia
Coprosma x kirkii
Cotoneaster Species
Dendromecon Rigida
Dodonaea viscosa "Purpurea"
Eleagnus Pungens
Fremontodendron californicum
Hebe Species
Mahonia aquifolium `Golden Abundance'
Melaleuca nesophila
Nerium oleander
Heteromeles arbutifolia
Pittosporum tobira
Prunus lyonii
Raphiolepis indica
Rhus ovata
Malosma laurina
Xylosma congestum
Common Name
Area in Six (6)
Cotoneaster
Years
California Buckeye
300
Manzanita
175
Bougainvillea
175
Lemon Bottle Brush
15
Jeffer's Bottle Brush
15
Summer Holly 75
Creeping Coprosma
15
Cotoneaster
75
Bush Poppy
75
Purple Hopseed Bush
300
Silverberry
75
California Flannel Bush
175
Veronica
20
Golden Abundance Oregon
10
Grape
Pink Melaleuca
75
Oleander
50
Toyon
75
Mock Orange
75
Catalina Cherry
500
Indian Hawthorne
20
Sugar Bush
50
Laurel Sumac
75
Shiny Xylosma
75
TABLE III
RECOMMENDED GROUND COVER
Botanical Name
Baccharis pilularis
Carissa Grandiflora
Ceanothus griseus
horizontalis
Euonymus fortunei
Lippia repens
Myoporum parvifolium
Potentilla tabernaemontani
Rosmarinus officinalis
SECTION 3. SEVERABILITY.
Common Name Area
Dwarf Coyote Bush 4.0 ft.
Natal Plum 3.0 ft.
Carmel Creeper Ceanothus 4.5 ft.
Winter Creeper Euonymus 3.0 ft.
Lippia 1.5 ft.
Myoporum 4.0 ft.
Spring Cinquefoil 1.5 ft
Rosemary 2.0 ft.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, -and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
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 the City of Anaheim.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 13 day of November , 2018, and thereafter passed and
adopted at a regular meeting of said City Council held on the 2 0 day of November , 2018,
by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel
NOES: None
ABSENT:None
ABSTAIN: None
CITY OF ANAHEIM
---ZBy: _ <---/z
MAYOR OF THE CITY OF ANAHEIM
ATTE
CITY CLERK OF THE CITY OF ANAHEIM
bmorley/130063
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6447 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of November and was duly passed and adopted at a regular
meeting of said City Council held on the 20th day of November, 2018 by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 211 day of November 2018.
4 � &c�<D
CITY CLERK OF THE CITY OFANAHEIM
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
1130376-A-Summary_0rdinance_6447_(AMC
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter.
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:
11/29/2018
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: November 29, 2018.
ignature
PROOF OF PUBLICATION
Legal No. 0011204886
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6447
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 17.06.131 (SLOPE
PLANTING GENERAL) OF CHAPTER 17.06
(GRADING, EXCAVATIONS AND FILLS
IN HILLSIDE AREAS) OF TITLE 17 (LAND
DEVELOPMENT AND RESOURCES) OF THE
ANAHEIM MUNICIPAL CODE RELATING TO
PLANTING MATERIALS ON SLOPES AND
INACONNECTIONNTHEREWI DETERMINATIONS
This ordinance amends Section 17.06.131 (Slope Planting General) of
Chapter 17.06 (Grading, Excavations and FIIIs in Hillside Areas) of
Title 17 (Land Development and Resources) of the Anaheim Munici.
al Code to modify sloperecommended tree, shrub, and groundcover
Psts to eliminate planting materials that have highly flammable
characteristics and to recommend planting materials that are fire-
resistant and non-invasive in orderto be in compliance with the Rec-
ommended Acceptable Fire Resistive Plant Species List and to allow
City Engineer to permit substitutions to this list that are non-invasive
and fire-resistant species with low-water demand
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary, of Ordinance No. 6447, which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 13th day of November, 2018 and was duly
Nayand adopted at a regular meeting of said Council on the 20Th
day of November, 2018 by the following roll call vote of the mem-
bersthereof:
AYES: Vanderbilt Barnes Council
ling and Faessel no, Murray,
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6447, which has been. prepared pur-
marY does notnincludetor describe every Provision oflthe ordinance
and should not be relied on as a substitute for the full text of the ordi-
nance.
naTo obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM,
Monda130266
y
through Friday. There is no charge for the copy.
11204886
Published in: Anaheim Bulletin ___.Nov. 29, 2018
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6447 and was published in the Anaheim Bulletin on the 29th
day of November 2018.
i
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)