6168ORDINANCE NO. 6168
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.46 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO
LANDSCAPING AND SCREENING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.46.010 of Chapter 18.46 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, revised and amended as follows:
"18.46.010 PURPOSE.
The purpose of this chapter is to define landscaping development standards, screening
standards, and irrigation measures, in order to enhance the aesthetic appearance of the City,
minimize graffiti opportunities, preserve privacy and security, and conserve water, consistent
with the policy direction of the Anaheim General Plan."
CFCTI(lN '?
That subsection .020 of Section 18.46.090 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, revised and amended as follows:
".020 Landscape Maintenance. All landscaping, including parkway landscaping, shall be
maintained in a neat, healthy and clean condition. A regular maintenance schedule shall be
submitted as part of the landscape and irrigation plans. Any dead or : diseased plant shall be
immediately removed and replaced in accordance with the requirements of this chapter. All
pruning or trimming of required trees and specimen trees shall be in compliance with the
standards for street trees adopted by the International Society of Arboriculture, and consistent
with Chapter 13.12 (Street Trees) of the Anaheim Municipal Code."
SECTION 3.
That subsection .090 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
".090 Enclosure of Outdoor Uses. The perimeter of any portion of a site upon which any
outdoor use of an industrial nature, including storage, is permitted, shall be enclosed to a height
of not less than six (6) feet by one of the following: (a) solid masonry or building walls; (b) chain
link fencing entirely interwoven with PVC, simulated wood slats, or other durable material as
deemed appropriate by the Planning Director, including any additional material needed to
provide an effective screen, such as scrim, only when not visible to the public right-of-way or
abutting industrially zoned property; (c) landscaped earthen berm; or (d) any combination
thereof.
.0901 The color and materials of the any wall or fence shall be compatible with any on-
site buildings.
.0902 Adjacent to any street frontage, any outdoor use enclosed by chain link fencing
shall be view -screened from the street as follows:
.01 Where visible from public view, the fencing, other than gates, shall further be
screened by fast-growing non -deciduous vines and/or shrubbery to prevent visibility into the
outdoor area in accordance with Section 18.46.120.
.02 Non -deciduous trees of a size of not less than twenty-four (24) inch box, shall
be planted on maximum twelve (12) foot centers along and adjacent to the entire fence within the
required street setback area. Additionally, layered landscaping shall be utilized in the required
setback area.
.0903 All required planting areas shall be provided with hose bibs, sprinklers or similar
permanent irrigation facilities, and shall be permanently maintained in a healthy, safe and
attractive state as a condition of use."
SECTION 4.
That subsection .110 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, deleted in its entirety.
SECTION 5.
That subsection .120 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, renumbered as subsection .110 of Section
18.46.110 of Chapter 18.46 of Title 18:
".110 Screening of Utility Devices. All new utility devices, including but not limited to
utility boxes and irrigation back-flow devices, visible to any public right-of-way shall be
screened by landscaping and/or decorative fences or walls, except life -safety equipment that is
required to be completely or partially visible by the City. Plans shall be submitted to the City,
including site, elevation and landscape plans indicating compliance with this provision. Plans
shall also be subject to review and approval by the City Traffic and Transportation Manager for
line -of -sight visibility. Plants used to screen equipment shall be a minimum size adequate to
fully screen the equipment within one (1) year of planting."
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SECTION 6.
That subsection .130 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, renumbered as subsection .120 of Section
18.46.110 of Chapter 18.46 of Title 18 and revised and amended as follows:
".120 Crib and Retaining Walls. In addition to the requirements identified in Chapter
17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code, crib
and retaining walls shall comply with the following provisions. In the event that the crib and
retaining wall provisions contained in this chapter conflict with those contained in Cha ter
17.06, the provisions of this chapter shall prevail."
.1201 The height of crib and retaining walls visible to public rights-of-way, public
trails or private streets shall be six (6) feet or less, as measured from the grade on the side of the
wall that is visible to the public right-of-way, public trail or street; provided, that an additional
six (6) feet in height may be allowed if the additional six (6) feet is reconfigured to a minimum
of two (2) three-foot high steps or three (3) two -foot high steps, with a minimum two (2) foot
separation between all walls. Groundcover shall be planted in the separation areas, cascading
over the step(s) to substantially obscure the wall. The height of such walls under any conditions
shall not exceed twelve (12) feet, as measured from the lowest adjacent grade.
.1202 The height of crib and retaining walls not visible to public rights-of-way, public
trails or private streets shall be fourteen (14) feet or less, as measured from the lowest adjacent
grade.
.1203 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 a
combination of shrubs, non -deciduous vines and trees planted and maintained in a manner to
screen the retaining wall from public view. The landscaping and irrigation facilities shall be
continually maintained in a manner that ensures ongoing screening."
SECTION 7.
That subsection .140 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, renumbered as subsection .130 of Section
18.46.110 of Chapter 18.46 of Title 18:
".130 Consistent Appearance. The vertical extension, maintenance and/or repair of any
section of any fence, wall, hedge or berm, which is visible from the public right-of-way
(excluding alleys) or from non -industrially zoned property, shall be of the same or compatible
material, color and design as the fence, wall, hedge or berm to which it is attached, to ensure that
the fence, wall, hedge or berm maintains a consistent appearance. Repainting, replastering,
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replanting or other maintenance shall be applied to the entire visible portion of the fence, wall,
hedge or berm."
SECTION 8.
That subsection .150 of Section 18.46.110 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, renumbered as subsection .140 of Section
18.46.110 of Chapter 18.46 of Title 18:
".140 Wall/Berm Design And Maintenance. Any wall or berm shall be maintained in an
attractive, safe and graffiti -free condition."
SECTION 9.
That new Section 18.46.120 be, and the same is hereby, added to Chapter 18.46 of
Title 18 of the Anaheim Municipal Code as follows:
"18.46.120 REQUIRED LANDSCAPED TREATMENT OF FENCES, WALLS AND
TRASH ENCLOSURES.
.010 Required Landscaping. All fences, walls and trash enclosures containing solid
surfaces which are visible from any public right-of-way or private street shall be planted with
either clinging non -deciduous vines or fast-growing shrubbery that will screen the fence or wall
surface so as to minimize graffiti opportunities.
.020 All fences and walls that require landscaped screening shall comply with one of the
following planting standards:
.0201 Interior planter (non -deciduous vines only): Clinging non -deciduous vines may
be planted on the interior side of the wall or fence and shall be trained to grow through a hole at
the base of the wall and attached to the exterior (right-of-way facing) side of the wall via a trellis,
nursery wire, or equally effective training device.
01 The planter area on the interior side of the wall shall have minimum dimensions
of 18 -inches in any direction to allow adequate planting space and shall be
equipped with an operable automatic irrigation system.
.02 Minimum 3 -inch diameter holes shall be provided at the base of the wall or
fence and located a minimum of 5 feet on center.
.03 Non -deciduous vines shall be planted a minimum of 5 feet on center.
.0202 Exterior planter (non -deciduous vines or shrubs): If non -deciduous vines are
planted on the exterior side of the wall or fence, the planter area shall have minimum dimensions
of 18 -inches in any direction to allow adequate planting space. If using shrubbery for screening,
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the planter area shall have minimum dimensions of 30 -inches in any direction to allow adequate
planting space. The planter area shall be equipped with an operable automatic irrigation system.
.01 Shrubs shall be a minimum of 5 gallons in size at the time of planting and shall
be spaced in a manner that will ensure full coverage of the wall/fence.
.02 Non -deciduous vines shall be planted a minimum of 5 feet on center
.03 Non -deciduous vines shall be attached to the exterior of the wall via a trellis,
nursery wire, or equally effective training device.
.030 Full landscape coverage is required for block walls, fences and trash enclosures.
Coverage shall be provided for entire height of structure or 8 feet, whichever is lower.
.040 At least one vine or shrub shall be provided on wall surfaces less than 5 feet in
length and at least two vines or shrubs shall be provided on wall surfaces between 5 and 10 feet
in length.
050 Effective coverage shall be achieved within 24 months of planting.
.060 Required irrigation systems shall be maintained in proper working order and
landscaping shall be continuously maintained to promote healthy growth."
SECTION 10.
That new Section 18.46.130 be, and the same is hereby, added to Chapter 18.46 of
Title 18 of the Anaheim Municipal Code as follows:
"18.46.130 REQUIRED LANDSCAPED TREATMENT OF BUILDING WALLS IN
COMMERCIAL, INDUSTRIAL OR PUBLIC AND SPECIAL-PURPOSE
ZONES.
"Building walls that are visible to a public right of way, including freeways and railroad
corridors, shall be planted with shrubs or non -deciduous vines in accordance with Subsection
18.46.120.020.0202. This requirement shall only apply to walls that are located within 75 feet of
such rights of way and landscaped treatment is not required in areas where it would obscure the
visibility of a door or window. The Planning Director is authorized to waive this requirement if
the property owner is able to provide an equally effective screening method by alternate means.
This requirement shall apply to all properties located within a Commercial, Industrial, or Public
and Special -Purpose zone."
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SECTION 11.
That new Section 18.46.140 be, and the same is hereby, added to Chapter 18.46 of
Title 18 of the Anaheim Municipal Code as follows:
"18.46.140 WAIVER OF CERTAIN LANDSCAPING REQUIREMENTS.
.010 Notwithstanding any provision of this Code to the contrary, the Planning Director is
authorized to grant a waiver from the standards imposed by Sections 18.46.120 and 18.46.130 of
this chapter; provided, however, that before any such waiver is granted by the Planning Director,
the evidence presented shows that one or more of the following conditions exist:
.0101 That there are physical constraints upon the property that preclude strict
adherence to the required planting standards.
.0102 That the wall to be screened by landscaping is of an extraordinary design or
finish that would be compromised by a landscaped screen.
.0103 That the property owner will provide an equally effective screening method by
alternate means or standards."
SECTION 12. 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 here from of any such portion as may be declared
invalid.
SECTION 13 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.
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SECTION 14. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 13th day of &Xil , 2010, and
thereafter passed and adopted at a regular meeting of said City Council held on the 27thday of
April , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Gallaway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CL RK OF THE CITY O ANAHEIM
74989A/MGordon
CITY OF ANAHEIM
By:
MAYOR OF THE CI OF ANAHEIM
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
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. I 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:
May 6, 2010
"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 Santa Ana, Orange County,
California, on
Date: May 6, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6168
AN ORDINANCE OF THI= CITY OF ANAHEIM AMENDING CHAPTER 18.46
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO,LAND-
SCAPING AND SCREENING.
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This ordinance amends various sections of Chapter 18.46 of Title 18 of the Anaheim Mun'
pal Code. The amendments to Chapter 18.46 attempt to improve development standar
related to the landscaped screening of exposed walls, including building walls, bl
walls, fences and trash enclosures, m order to enhance the aesthetic appearance of .
City, minimize graffiti opportunities, preserve privacy and security and conserve wat
consistent with the policy direction of the Anaheim General Plan: 'ARhou9h existing
opment standards require that block walls, fences and trash enclosures visible from t
public nghtof-way be landscaped with vines or shrubs to deter graffiti, additional plant,
criteria such as minimum number and required spacing of plants and minimum dimensia
of associated planting areas are being added to enhance the effectiveness of the use,
landscaped screening to deter graffiti opportunities.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing i
summaryof Ordinance No. 6168, which ordinance was introduced at a regular meeting
the City Council of the City of Anaheim on the 13th day of April, 2010 and was duly pass
and adopted at a regular meeting of said Council on the 27th day of April, 2010 by the f
lowing roll call vote of the members thereof:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Wing
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The above summary is a brief description of the subject matter contained in the text of
dinance No. 6168, which has been prepared pursuant to Section 512 of the Charter of
City of Anaheim. This summary does not include or describe every provision of the of
nanoe and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the <
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is
charge for the copy.
Publish: Anaheim Bulletin May 6, 2010 9234648