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6116ORDINANCE NO. 6116 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.24.060 OF CHAPTER 7.24 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING TABLE 44 OF SECTION 18.04.100 OF CHAPTER 18.04, TABLE 8-B OF SECTION 18.08.030 OF CHAPTER 18.08, TABLE 10-A AND 10-B OF SECTION 18.10.030 OF CHAPTER 18. 10, ADDING A NEW SUBSECTION .120 TO SECTION 18.10.030 OF CHAPTER 18. 10, ADDING A NEW SECTION 18.38.245 TO CHAPTER 18.38, AMENDING SUBSECTION .130 OF SECTION 18.46.110 OF CHAPTER 18.46, DELETING APPENDIX C AND D OF CHAPTER 18.46, AMENDING SUBSECTION .010 OF SECTION 18.48.020 OF CHAPTER 18.48, SUBSECTION .030 OF SECTION 18.48.040 OF CHAPTER 18.48, SUBSECTION .040 OF SECTION 18.52.030 OF CHAPTER 18.52, SUBSECTION .020 OF SECTION 18.52.110 OF CHAPTER 18.52, DELETING SUBSECTION .030 OF SECTION 18.52.110 OF CHAPTER 18.52, AMENDING SUBSECTION .050 OF SECTION 18.62.045 OF CHAPTER 18.62, AND SUBSECTION .060 OF SECTION 18.62.060 OF CHAPTER 18.62 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, RESPECTIVELY. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 7.24.060 of Chapter 7.24 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.24.060 DISTRIBUTING HANDBILLS AT ANGEL STADIUM OF ANAHEIM, ANAHEIM CONVENTION CENTER AND THE HONDA CENTER Persons distributing hand bills at Angel Stadium of Anaheim, Anaheim Convention Center and The Honda Center shall be subject to the following restrictions. .010 Persons distributing handbills shall wear, in a conspicuous and prominent place on their clothing, a badge or similar device identifying the organization or group they represent. 020 Persons distributing handbills shall not impede the flow of vehicular or pedestrian traffic. 030 Persons distributing handbills shall not interfere with the conduct of business. 1 .040 No handbills shall be distributed within ten feet of any entrance, exit, ticket window, or queue of patrons. .050 No handbills shall be distributed in the interior of buildings. .060 No handbills shall be distributed in the parking structure at the Convention Center. .070 No handbills shall be distributed which bear advertising offering for sale goods, wares, merchandise, or commercial services by persons or businesses which are not current tenants or exhibitors inside the Stadium, Convention Center or The Honda Center." SECTION 2. That Table 44 (Permitted Encroachments for Accessory Uses/Structures: Single Family Residential Zones) of Section 18.04.100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. That Table 8-B (Accessory Uses and Structures: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 8-B ACCESSORY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited C -NC C-R C -G O -L O -H Special Provisions Amusement Devices P P P N N Animal Keeping N P P N N Subject to § 18.38.030 Antennas—Dish P P P P P Subject to § 18.38.050 Antennas—Receiving P P P P P Subject to § 18.38.050 2 Automatic Teller Machines P P P P P Subject to § 18.36.050.035 (ATM's) Bingo Establishments P P P P P Subject to Chapter 7.34 Caretaker Units N P P N N Subject to § 18.3 8.090 Fences & Walls P P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations N P P N N Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility P P P P P Subject to § 18.38.160 Equipment— Ground Mounted Mechanical & Utility P P P P P Subject to § 18.38.170 Equipment— Roof Mounted Outdoor Displays N P P N N Subject to § 18.3 8.190 Parking Lots & Garages P P P P P To serve needs of on-site primary use only Portable Food Carts N P P N N Subject to § 18.38.210 Recreation Buildings & N N P P N Only in conjunction with Structures non -conforming single- family residence Recycling Facilities P N P N N Subject to Chapter 18.48 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the Mobile Home Parks C Non -Residential Classes of Uses roof and, if visible from the Agricultural Crops P Alcoholic Beverage Sales—Off-Sale C street level, must be parallel C Ambulance Services P Animal Boarding to the roof plane Vending Machines P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 4. That Table 10-A (Permitted Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non -Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales—Off-Sale C Alcoholic Beverage Sales—On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas—Broadcasting C Antennas—Telecommunications- Stealth Building -Mounted T Subject to §§ 18.38.060 and 18.62.020 Antennas—Telecommunications- Stealth Ground -Mounted T Subject to § 18.38.060 Antennas—Telecommunications- Ground- Mounted (Non -Stealth) N Automated Teller Machines (ATM's) P Automotive—Car Sales & Rental C Subject to § 18.38.200 Automotive—Car Sales, Retail or Wholesale (Office Use Only) C Automotive—Impound Yards C Subject to § 18.38.200 Automotive—Public Parking C Automotive—Parts Sales C Automotive—Repair & Modification C Automotive—Service Stations C Subject to § 18.38.070 Automotive—Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.3 8.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios—Large C Dance & Fitness Studios—Small C Day Care Centers C Drive -Through Facilities C Educational Institutions—Business C Educational Institutions—General C Educational Institutions—Tutoring C Subject to §18.36.040.050 Equipment Rental—Large C Conditional use permit not required if conducted entirely indoors Equipment Rental—Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry—Limited P Industry—General C Junkyards C Subject to § 18.3 8.200 Mortuaries C Offices—Development P Offices—General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Subject to § 18.38.200 Personnel Services—General C Laundromats are subject to § 18.38.150 Personnel Services—Restricted C Plant Nurseries P Subject to §§ 18.38.190 and 18.38.200; retail only requires a conditional use permit Public Services P Recreation—Billiards C Recreation—Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation—Commercial Outdoor C Recreation—Low-Impact P Recreation—Swimming & Tennis C Recycling Facilities C Subject to Chapter 18.48 Repair Services—General P Repair Services—Limited C Research & Development P Restaurants—Drive-Through C Subject to § 18.38.220 Restaurants—General C Fast-food and take-out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to § 18.38.220 Restaurants—Semi-Enclosed C Subject to § 18.38.220 Restaurants—Walk-Up C Retail Sales—Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales—General C Industrially-related only Retail Sales—Outdoor C Subject to §§ 18.38.190 and 18.38.200 Self Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios—Broadcasting P Studios—Recording P Towing Services P Transit Facilities C ACCESSORY USES AND Truck Repair & Sales C Subject to § 18.38.200 Utilities—Major C Utilities—Minor P Amusement Devices Veterinary Services C Animal Keeping Warehousing & Storage—Enclosed P Antennas—Dish SECTION 5. That Table 10-B (Accessory Uses and Structures: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: Table 10-B P=Permitted by Right ACCESSORY USES AND C=Conditional Use Permit Required STRUCTURES: INDUSTRIAL N=Prohibited ZONE I Special Provisions Amusement Devices P Animal Keeping P Subject to § 18.38.030 Antennas—Dish P Subject to § 18.38.050 Antennas—Receiving P Subject to § 18.38.050 Caretaker Units P Subject to § 18.38.090 Fences & Walls P Subject to § 18.38.050; this use may occur on a lot without a primary use Home Occupations P Subject to § 18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment— Ground Mounted P Subject to § 18.38.160 Mechanical & Utility Equipment— Roof Mounted P Subject to § 18.38.170 Parking Lots & Garages P Petroleum Storage—Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to § 18.3 8.210 Recreation Buildings & Structures P Recycling Facilities P Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P Subject to § 18.38.250 Signs P Subject to Chapter 18.44 Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage—Outdoors P Subject to § 18.38.200 10 SECTION 6. That new subsection .120 be, and the same is hereby, added to Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code, to read as follows: ". 120 All uses shall be conducted wholly within a building, except service station operations that regularly occur outside a building and those outdoor activities permitted in conjunction with uses listed in Chapters 18.10 and 18.36 of the Anaheim Municipal Code." SECTION 7. That new Section 18.38.245 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as follows: "18.38.245 SPECIAL EVENT REGULATIONS WITHIN THE PLATINUM TRIANGLE. In addition to the provisions contained in Sections 18.20.150 and 18.38.240, the following shall also apply to the area described as The Platinum Triangle as described in the Platinum Triangle Master Land Use Plan. 010. Temporary display of banners shall be limited to the following: .0101. One banner shall be allowed to be displayed on the premises, provided that the banner is used in association with an on-site special event; the message on the banner will be limited to the name, logo of the business and/or the event. 020. Prohibited advertising and display. .0201. Outdoor displays and/or sales of merchandise or promotional materials in a location that is visible from a public right-of-way and/or adjacent property; .0202. Inflatable advertising displays; 0203. Outdoor advertising of merchandise, products and/or services; .0204. Roof -mounted displays of flags, banners, balloons, inflatable devices, or similar displays; .0205. Display of pennants or pennant -type banners in a location that is visible from a public right-of-way and/or adjacent properties; 0206. Flags, banners or balloons displayed in a landscape area or on a fence; and .0207. Balloons, worn, frayed or faded flags. 11 .030. Carnivals & Circuses. In addition to the requirements contained in Section 18.38.095 (Supplemental Use Regulations) and Chapter 4.53 (Carnivals and Circuses) a conditional use permit shall be required for Carnivals & Circuses." SECTION 8. 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, amended to read as follows: ".130 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 Chapter 17.06, the provisions of this Chapter shall prevail. .1301 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. .1302 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. .1303 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, 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 on- going screening." SECTION 9. That Appendix C and Appendix D of Chapter 18.46 of Title 18 of the Anaheim Municipal Code are hereby deleted. 12 SECTION 10. That subsection .010 of Section 18.48.020 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 An application for reverse vending machines or small collection facilities pursuant to this subsection .010 shall be made in writing on a form established for that purpose by the Planning Director and shall receive a Recycling Permit prior to the first day of operation, which recycling permit shall remain in effect at all times. A conditional use permit must also be obtained if the facility is located within the I (Industrial) Zone, other than the SP94-1 (Northeast Area Specific Plan No. 94-1) Overlay area." SECTION 11. That subsection .030 of Section 18.48.040 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Small Collection Facilities. Small collections facilities shall be allowed as provided by the underlying zone and must be established in conjunction with a supermarket and provided that the primary use is in compliance with parking requirements, and the zoning, building, fire and other applicable codes of the City of Anaheim. .0301 The facility shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; .0302 The facility shall accept only glass, metals, plastic containers, papers and reusable items; .0303 The facility shall use no power -driven processing equipment except for reverse vending machines; .0304 The facility shall use containers with no visible exterior corrugated surfaces and that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of materials, and shall be of a capacity sufficient to accommodate materials collected in accordance with the collection schedule; .0305 The facility shall be located and designed to be aesthetically compatible with the host use and/or with surrounding uses. The use of standard, untreated shipping containers shall be prohibited; .0306 The facility shall store all recyclable material in containers or in the mobile unit vehicle and materials shall not be left outside the containers when an attendant is not present; 13 .0307 The facility shall be maintained free of litter and any other undesirable materials. Facilities at which trucks or containers are removed at the end of each collection day shall be swept at the end of each collection day and the site surrounding collection containers shall be pressure washed on a monthly basis. .0308 Facilities shall operate only during the hours between 9:00 a.m. and 7:00 p.m. and shall be located a minimum distance of one hundred feet (100) from any residential zone or residential land use; furthermore, if the facility is located within two hundred feet (200) of any residential zone or residential land use the facility shall be positioned so that the front opening of the facility faces away from such zone or use; .0309 Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and a notice shall be displayed stating that no material shall be left outside the recycling enclosure or containers; 0310 Signs may be provided as follows: .01 Recycling facilities may have identification signs with a maximum of ten percent (10%) per side or sixteen (16) square feet, whichever is larger; and .02 Signage shall identify only the recycling facility. .0311 No additional parking spaces shall be required for customers of a small collection facility located at the established parking lot of a primary use; .0312 Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; .0313 Occupation of parking spaces by the facility may not reduce available parking spaces below the minimum number of spaces required by Chapter 18.42 (Parking and Loading) for the primary use except as expressly provided in Table 48-A (Parking Space Reduction), subject to all of the following conditions: .01 The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; .02 A parking study approved by the City shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site; and .03 The permit may be reviewed and/or revoked after installation if the facility has caused any adverse impacts on uses located on the same or adjacent parcels." 14 Table 48-A PARKING SPACE REDUCTION Number of Available Parking Spaces Maximum Reduction 0-25 0 26-35 2 36-49 3 50-99 4 SECTION 12. That subsection .040 of Section 18.52.030 of Chapter 18.52 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 General Requirements. All requests pursuant to this chapter shall be subject to the following requirements, which are further specified in Section 18.52.110 (Application Review): 0401 Joint Pre -application conference with Planning and Community Development. 0402 Density bonus memorandum. 0403 Density bonus application. .0404 Density bonus housing agreement." 15 SECTION 13. That subsection .020 of Section 18.52.110 of Chapter 18.52 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Joint Pre -Application Conference with Planning and Community Development. Applicants for a request pursuant to this Chapter shall schedule a joint pre -application conference with, and such conference shall be granted by, the Planning Department and the Community Development Department to discuss and identify potential application issues, including any additional Incentives requested pursuant to Section 18.52.090 (Development Incentives). No charge will be required for the pre -application conference." SECTION 14. That subsection .030 of Section 18.52.110 of Chapter 18.52 of Title 18 of the Anaheim Municipal Code is hereby deleted. SECTION 15. That subsection .050 of Section 18.62.045 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Findings. The Planning Director shall make the following findings in order to approve a minor modification: .0501 The modification is consistent with the purposes and intent of the Zoning Code; .0502 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the modification; and .0503 The modification will not produce a result that is out of character or detrimental to the neighborhood." SECTION 16. That subsection .060 of Section 18.62.060 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Findings. The Zoning Administrator shall make the following findings in order to approve an administrative adjustment: .0601 The adjustment is consistent with the purposes and intent of the Zoning Code; .0602 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 16 .0603 The adjustment will not produce a result that is out of character or detrimental to the neighborhood." SECTION 17. 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 18. 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 19. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. 17 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 30th day of September , 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of October , 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NpNE ABSTAIN: NONE ATTEST: ' ) ,an :2 CITY CLERK OF THE CITY OF AHEIM 70095v.4/MGordon IN CITY OF NAHEIM By �6 MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- I RS - 1 2 3 1 2 3 4 Accessory Permitted Encroachment Special Provisions Use/Structure Air Conditioning Front N N N N N N IN Noise level must be less Units than 50 dB(A) measured at Side Y* Y* Y* Y* Y* Y* Y* the lot line. Rear Y Y Y Y Y Y Y *A minimum clearance of 3 feet must be maintained on at least one side yard. Arbor/Trellis Front Y Y Y Y Y Y Y Maximum 8 feet high and (freestanding) constructed of fire-resistant Side Y I Y Y Y Y Y Y materials approved by the Rear Y Y Y Y Y Y Y Building Division. Otherwise, a 4 -foot setback is required from any adjacent property line. Encroachments facing adjacent public or private streets and alleys, or adjacent to vacant lots, shall be planted and maintained with clinging vines in order to deter graffiti. Amateur Radio Front N N N N N N N Must comply with setbacks Towers and § 18.38.040 Side N N N N N N N Rear N N IN N IN N N Awnings Front Maximum 4 feet Must be permanently attached to the building Side Maximum 2 feet and properly maintained. Rear Maximum 4 feet Must be at least 4 feet from any property line. Balconies (covered or Front Maximum 30 inches *Must be at least 10 feet Side N N N N N N N uncovered) from the rear property line. Rear Y* Y* Y* Y* Y* Y* Y* Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- RS - 1 2 3 1 2 3 4 Accessory Use/Structure Barbeques (built-in, permanent) Permitted Encroachment Front N N N NN N N Special Provisions Maximum 5 feet high. *A minimum clearance of 3 feet must be maintained on at least one side yard. Side Y* Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y Y Basketball Courts Front N N N N N N N Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Front N N N N N N N Design features must complement main house. No side or rear setback required for walls that have no openings and are constructed with fire resistant materials approved by the Building Division. Encroachments facing adjacent public or private streets and alleys, or adjacent to vacant lots, shall be planted and maintained with clinging vines in order to deter graffiti. Carports/Porte Cocheres Side Minimum 5 feet to property line Rear Minimum 5 feet to property line Front Maximum 30 inches *A minimum clearance of 3 feet must be maintained on at least one side yard. Chimneys Side *Maximum 20 inches Rear Maximum 30 inches FrontY Y Y Y Y Y Y Must comply with § 18.46. 110 of Chapter 18.46. Must not be closer than 4 feet to the property line. Fencing/Walls Side Y Y Y Y Y Y Y Rear Front Y Y Y Y Y Y Y Maximum 30 inches Eaves/Roof Overhang, Cornices, Belt Courses, Sills and Buttresses Side Maximum 20 inches Rear Maximum 30 inches Front N N N N N N N *A minimum clearance of 3 feet must be maintained on at least one side yard. Fire Pits/Outdoor Fireplaces Side Y* Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y Y Front Y* Y* Y* Y* Y* Y* Y* Maximum height is same as underlying zone. *Minimum 10 feet from front property line. **No closer than 5 feet to side or rear property line. Flag Poles Side Y** Y* * Y** Y** Y** Y** Y** Rear Y** Y** Y** Y** Y** Y** Y** Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- I RS - 1 2 3 1 1 2 3 4 Accessory Permitted Encroachment Special Provisions Use/Structure Fountains and Front Y* Y* Y* Y* Y* Y* Y* *Minimum 10 feet from Sculptures front property line, except Side Y** Y** Y** Y** Y** Y** Y** minimum 5 feet from front Rear Y** Y** Y** Y** Y** Y** Y** property line in RS -3 and RS -4 Zones. **Maximum 6 feet high. Garages (detached) Front N N N N N N N Amount of encroachment shall not exceed 450 square Side N N Y Y Y Y Y feet. Must be located no Rear N N Y Y Y Y Y closer than 4 feet to property line unless constructed with fire resistant materials approved by the Building Division. Encroachments facing adjacent public or private streets and alleys, or adjacent to vacant lots, shall be planted and maintained with clinging vines in order to deter graffiti. Gazebos Front N N N N N N N Maximum 10 feet high. *Setback shall be Side Y* Y* Y* Y* Y* Y* Y* determined by applicable Rear Y* Y* Y* Y* Y* Y* Y* Building Code requirements. Greenhouses Front N N N N N N N Maximum 8 feet high. (detached) Encroachments facing Side Y* Y* Y* Y* Y* Y* Y* adjacent public or private streets and alleys, or Rear Y* Y* Y* Y* Y* Y* Y* adjacent to vacant lots, shall be planted and maintained with clinging vines in order to deter graffiti. * Setback shall be determined by applicable Building Code requirements. Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- I RS - 1 2 3 1 1 2 3 1 4 Accessory Use/Structure Permitted Encroachment Special Provisions Guard Railings (where required for safety by City Codes) Front Y Y Y Y Y Y Y Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Light Fixtures (for tennis or sports courts) Front N N N N N N N Maximum 22 feet high. Must be hooded to prevent excessive glare onto adjacent property. Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Parking (Open) Front N* N* N* N* N* N* N* *Except as provided in Chapter 18.42. "Provided parking is screened from public right- of-way. Side Y** Y** Y** Y** Y** Y** Y** Rear Y** Y** Y** Y** Y** Y** Y** Patio Covers/ Canopies Front N N N N N N N Maximum 10 feet high. * Setback shall be determined by applicable Building Code requirements. Side Y* Y* Y* Y* Y* Y* Y* Rear Y* Y* Y* Y* Y* Y* Y* Pilasters/Light Fixtures (freestanding) Front Y Y Y Y Y Y Y Maximum 7 feet high decorative freestanding light fixtures and maximum 6.5 feet high for pilasters only, no closer than 8 feet on center. For pilasters/light fixtures in conjunction w/fence or wall see § 18.46.110.060.0601. Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Play Equipment Front N N N N N N N Maximum 10 feet high and no closer than 5 feet to rear property line. Side N N N N N N N Rear Y Y Y Y Y Y Y Pool Cabanas (detached/semi- enclosed) Front N N N N N N N Maximum 10 feet high. * Setback shall be determined by applicable Building Code require ents. Side Y* Y* Y* Y* Y* Y* Y* Rear Y* Y* Y* Y* Y* Y* Y* Pool Equipment Front N N N N N N N Decibel level must be less than 50 dB(A), measured at the lot line. *A minimum clearance of 3 feet must be maintained on at least one side yard. Side Y* Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y Y Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES RH- I RS - 1 2 3 1 1 2 3 4 Accessory Use/Structure Permitted Encroachment Special Provisions Pool Rock Formations/ Waterfalls Front N N N N N N N Maximum 8 feet high. Must be finished if back is visible to public right-of- way or adjacent single- family residential property. Side Minimum of 3 feet from side property line Rear Y Y Y Y Y Y Y Pool Slides Front N N N N N N N Maximum 8 feet high. Side Minimum 5 feet to any property line Rear Minimum 5 feet to any property line Pools/Spas Front N N N N N N N Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Porches and At -grade Decks (uncovered) Front 7' 7' T 7' 7' 3' 3' Uncovered only. If attached to a residence, decks can be no closer than 4 feet to property line unless constructed with fire resistant materials approved by the Building Division. Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Satellite Dishes (freestanding, over 2 feet in diameter) Front N N N N N N N Side N N N N N N N Rear Minimum 5 feet to rear property line Sheds (detached, pre- fabricated, without utilities) Front N N N N N N N Maximum 120 square feet. Maximum 8 feet high. Encroachments facing adjacent public or private streets and alleys, or adjacent to vacant lots, shall be planted and maintained with clinging vines in order to deter graffiti. Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Tennis Courts/ Sport Courts Front N N N N N N N Only 1 court per lot is allowed. Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONFC RH- I RS - 1 2 3 1 1 2 3 1 4 Accessory Permitted Encroachment Special Provisions Use/Structure Trees, Shrubs, Front Y Y Y Y Y Y Y Flowers, Plants Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Workshops (detached) Front N N N N N N N Maximum 10 feet high. Side Y* Y* Y* Y* Y* Y* Y* Maximum 120 square feet. Workshops in excess of Rear Y* Y* Y* Y* Y* Y* Y* 120 square feet are subject to compliance with § 18.04.100.010.0105. * Setback shall be determined by applicable Building Code requirements. 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: October 23, 2008 "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: October 23, 2008 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. 6116 DANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.24.060 OF 17.24 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND AMEND - E 44 OF SECTION 18.04.100 OF CHAPTER 18.04, TABLE 8-B OF SEC - i8.030 OF CHAPTER 18.08, TABLE 10-1 AND 10-B OF SECTION OF CHAPTER 18.10, ADDING A NEW SUBSECTION .120 TO SECTION OF CHAPTER 18.10 ADDING A NEW SECTION 18.98.245 TO CHAP - 1, AMENDING SUBSECTION .130 OF SECTION 18.46.110 OF CHAPTER LETING APPnETNDD(C AND D OF CHAPTER 18.46, AMENDING SUB- .010 UB- ' K1 40 AO rMA rl= (:H ON � q riaCHAPTER SCTiON SUBSECTION .030 .040 OF SECTION = 8.6RIEAO, r i to 62OFTITLE 1 OF THNAHE M MUNICIPAL CODERESPECTIVELY. rhis ordinance amends Section 7.24.060 and various sections of Title 18 of the Anaheim Municipal Code, as follows: Section 7.24.060: This amendment prohibits the distribution of handbills at the Honda Cen- ter, consistent with restrictions at other public venues including Angel Stadium of Anaheim and the Anaheim Convention Center, by persons or entities that are not current tenants or exhibitors at these venues. Section 18.04.100: Amends Table 4-J (Permitted Encroachments For Accessory Uses/Structures:Single-Famity Residential Zones) of Section 18.04.100.040.0403 (Uses) to ensure that provisions for permitted encroachments are consistent with applicable building codes. Section 18.08.030: Amends Table 8-0 (Accessory Uses and Structures: Commercial Zones) of Sectionl8.08.030.100 (Uses) by changing the tens "Recycling Services" to "Recycling Facilities." Section 18.10.030: Amends Table 10-A (Primary Uses: Industrial Zone) and Table 1043 (Ac- cessory Usss and Structures: Industrial Zone of Section 18.10.030.100 (Uses) by changng the term •Recycling Services" to "Recycling Facilities" and adds a now subsection .120 to Section 18.10.003300 requiring that all activities in the Industrial zone must be conducted in doors unless otherwise permitted by the Code, such as in the case of contractor storage yards or automobile service stations. Section 18.38.245: Adds a new Section So Chapter 18.38 relating to special event provi- sions within The Platinum Triangle. Section 18.46.110.130: This amendment serves to re-insert provisions related to maximum permitted retaining wall heights and landscaping requirements that were inadvertently omitted from the Code through a prior Code amendment. it also provides clarification with respect to how the height of retaining wells shall be measured and how they should be landscaped. g Chapter 18.46: This amendment dela DAppendndix CC - � and an Waling Walls ight ItsExceeding-ight Six (6 Feet from s Than Three (Chaptetand Appendix 18.46. Section 18.48.020.010: This amendment clarifies the application process for Recycling Facilities. Section 18.48.040.030: This amendment serves to re-insert a Cade provision requinng litre small collection recycling facis to be established in conjunction with a supeSection rmarket. Conference conference with bo2.030 l me PlanProvidning larification that the and Community Developmentepart ants. is a joint Section 18.52.110.020: Provides clarification that the Pre -Application Conference is a joint conference with both the Planning and Community Development Departments. Section 16.52:110.030: Deletes the requirement for Pre -File Review consistent with recent changes to processing procedures for all zoning entitlements. Section 18.62.060.060: This amendment deletes, as a required finding of Administrative Ad- justments, compliance with the Caldomia Building Standards. Section 18.62.045.050: This amendment deletes, as a required finding for Minor Modifica- tions, compliance with the California Building Standards. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the attached ta- ble constitutes a summary of Ordinance No. 6116 which ordinance was introduced at $reg- ular meetingryof the City Council of the City of Anaheim lar noon the 30th day of September, 2008 and was October, dI bey the fosed llowing roll call votted at a e of the members thereof: Councilg of said on the 14th day of AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE The attached summary is a brief description of the subject matter contained in the text of Ordinance No. 6116, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordi- nance 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 City Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin October 23, 2008 8698227