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6170ORDINANCE NO. 6170 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.18.060 OF CHAPTER 18.18 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUILDING HEIGHT EXCEPTIONS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .020 of Section 18.18.060 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Height Exceptions. .0201 Chimneys erected and maintained as an integrated feature of a dwelling may exceed the applicable height limitations of this section; .0202 Nonhabitable architectural embellishments (except chimneys) otherwise permitted in the underlying zone (including, but not necessarily limited to, cupolas, spires, turrets, towers and horizontal roof ridgelines; provided any such ridgeline does not exceed ten (10) feet in length nor ten percent (10%) of the combined total length of all horizontal roof ridgelines on the structure, whichever is less), may exceed the applicable height limitations of this section; provided: 01 The maximum height of any such embellishment shall not exceed thirty (30) feet; and .02 The combined total horizontal area of all such embellishments exceeding the twenty-five (25) foot height limitation shall not exceed ten percent (10%) of the total roof area; .0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1) story height overlay zone is hereby established and imposed upon those certain lots abutting the area known as "Peralta Hills," and located on the north side of Valley Gate Drive, the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of Forest Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract No. 8647. Notwithstanding any other provision of this Code, the maximum structural height on said lots shall not exceed one (1) story or twenty-five (25) feet, whichever is less, except as otherwise permitted in this subsection .020. The term "One -Story," as used in this subsection, 1 shall mean a single habitable floor, and shall not permit any loft, mezzanine, balcony or similar habitable floor or area above such single habitable floor; .0204 The maximum height of any building in the area known as "Hidden Canyon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty-five (35) feet, except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards); .0205 Lots within Tracts 10996, 10997, 10998, and 13760 are subject to a Resolution No. 80-1407 of the Board of Supervisors of Orange County, dated September 2, 1980. This resolution indicates "Texaco -Anaheim Hills, Inc. has given verbal assurance that the viewshed from the floor of Weir Canyon will be protected from proposed residential development along the westerly rim of the canyon through private open space mitigations such as estate densities, restricted grading, landscaping edge treatments, and/or covenants, conditions and restrictions." Any new construction within these tracts must receive County approval indicating compliance with this agreement. .0206 The maximum height of any residential building within Tract No. 17289, also known as the "Robertson Property" defined as the residential development located south of the Riverside (SR -91) Freeway, east of Gypsum Canyon Road and east of the Mountain Park Specific Plan (SP90-4) area in the City of Anaheim, shall be thirty (30) feet, except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards)." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence; clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, 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. 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. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 27thday of April , 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the 4th day of May , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE CITY OF ANAHEIM By: ai !!q, \000 MAYOR OF THE CITY A ATTEST: )142,/, A / ---) CITY CL 'K"_0F THE CITY F ANAHEIM 76229.v 1 /MGordon 3 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 13, 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 13, 2010 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 ORDINANCE NO.6170 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 020 OF SECTION 18.18.060 OF CHAPTER 18.18 OF TITLE 18 OF THE ANA- HEIM MUNICIPAL CODE RELATING TO BUILDING HEIGHT EXCEPTIONS. _ows: ' THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOL - SECTION 1. That subsection .020 of Section 18.18.060 of Chapter 18.18 of Title 18.of the Ana- neim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Height Exceptions. .0201 Chimneys erected and maintained as an integrated feature of -a dwelling may exceed the applicable height limitations of this section; .0202 Nonhabitable architectural embellishments (except chimneys) otherwise per- mitted in the underlying zone (including, but not necessarily limited to, cupolas, spires, tur- rets, towers and horizontal roof ridgelines; provided anyy such reline does not exceed ten (10) feet in length nor ten percent (10%) of the crombined total' length of all horizontal roof riddgelines on the structure, whichever is less), may exceed the applicable height limi- tations of this section; provided: .01 The maximum height of any such embellishment shall not exceed thirty (30) feel; and .02 The combined total horizontal area of all such embellishments exceeding the twenty-five (25) foot height limitation shall not exceed ten percent (10%) of the total roof area; .0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1) story height overlay zone is hereby established and imposed upon those certain kNs abut- ting the area known as 'Peralta Hills,' and located on the north side of Valley Gate Drive, the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of For- est Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract No. 8847 Notwithstanding any other provision of this Code, the maximum structural height on said lots shall not exceed one (1) story or twenty- five (25) feet, whichever is less, except as otherwise permitted in this subsection .020. The tern "One -Story,' as used in this subsection, shall mean a single habitable floor, and shall not permit any loft; mezzanine, balcony or similar habitable floor or area above such single habitable floor; 0204 The maximum height of any building in the area known as "Hidden Can- yon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty-five (35) feet, except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards); 0205 Lots within Tincts 10996, 10997, 10998, and 13760 are subject to a Resolu- tion No. 80-1407 of the Board of Supervisors of Orange County, dated September 2, 1980. This resolution indicates"Texaco Anaheim Hills, Inc. has given verbal assurance that the viewshed from the Noor of Weir Canyon will be protected from proposed residential devel- opment along the westerly rim of the- canyon through private open space mitigations such as estate densities; restricted grading, landscaping edge treatments, and/or covenants, conditions and restrictions." Any new construction within these tracts must receive County approval indicating compliance with this agreement. .0206 The maximum height of any residential building within Tract No. 17289, also known as the "Robertson Property" defined as the residential development located south of the Riverside ISR -91)) Freeway, east of Gypsum Canyon Road and east of the Mountain Park Specific Plan (SP90-4) area in the City of Anaheim, shall be thirty ((30) feet, except as wi otherse permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards)." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be de- olared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordi- nance independent of the elimination herefrom of any such portion as may be declared in- valid. - 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, nod be construed as a waiver of any li- cense 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 previ-- .ously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 27th day of April, 2010, and thereafter passed and adopted at a regular meting of said City Council held on the 4th day of May, 2010, by the following roll call vote: AYES; Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM s/,s Curt PAri le MAYOR OF THE-7r:TY'OF ANH�M PROOF OF PUBLICATION ATTEST: 9/s Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish; Anaheim Bulletin May 13 2010 9237320