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5659ORDINANCE NO. 5659 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 4976 AND 4977 AND SECTION 18.72.070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 88-2 FOR THE SUMMIT OF ANAHEIM HILLS (AMENDMENT NO. 3). WHEREAS, the City Council of the City of Anaheim has heretofore adopted Ordinance No. 4976, as amended, pursuant to Chapter 18.93 of the Anaheim Municipal Code relating to establishment of zoning and development standards by addition of Chapter 18.72 to said Code; and WHEREAS, the City Council has further duly adopted Ordinance No. 4977, as amended, relating to reclassification of certain real property described therein into the Specific Plan 88-2 Zone subject to certain conditions as specified therein; and WHEREAS, the City Council desires to amend the specific plan to (i) redesignate Development Area No. 208 of The Summit of Anaheim Hills Specific Plan from a commercial site to a single- family attached residential site to provide for the development of up to 22 single-family attached dwelling units ("paired" homes), amending Exhibit No. 10 of the Specific Plan to redesignate Development Area No. 208 from commercial land uses to single-family attached residential land uses; (ii) approve a density transfer of 22 units from Development Area No. 205 to the redesignated "Hillside Medium" Development Area No. 208; -and (iii) amend the Zoning and Development Standards for Development Area No. 208 to standards which are the same as for Development Area Nos. 103, 104, 203 and 207, as set forth in subsection 18.72.070.040; and WHEREAS, the City Council has complied with the procedures set forth in Chapter 18.93. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Zoning Map shall be, and the same is hereby, amended to redesignate Development Area No. 208 of The Summit of Anaheim Hills Specific Plan from Commercial to "Hillside Medium" to allow development of single-family attached dwelling unit, as depicted in amended Exhibit 10 to Specific Plan 88-2, a copy of which is attached hereto as Exhibit "A," and incorporated herein, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 2. That twenty-two (22) residential units are hereby transferred from Development Area No. 205 to the redesignated "Hillside Medium" Development Area No. 208, as described on Exhibit "A." SECTION 3. That subsection 18.72.070.040 of Section 18.72.070.040 of Chapter 18.72 of Title 18 be, and the same is hereby, amended to read as follows: ".040 Development Area Nos. 103, 104, 203, 207 and 208 - Hillside Medium This Development Area provides for the orderly development of single-family attached units in the medium density range. The standards of the City of Anaheim's RM -3000 (SC) Zone (Residential Multi -Family Scenic Corridor Overlay Zone) shall apply except as provided below and in the variances contained herein: A. Minimum Lot Width All lots shall have a minimum width of not less than thirty (30) feet measured from the minimum setback line of ten (10) feet, except where the building is located farther back than the required minimum setback line, the width shall then be measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line, no site plan shall be required.* B. Minimum Lot Width for Corner, Cul -De -Sac and Knuckle Lots The minimum lot width for corner, cul-de-sac, and knuckle lots shall be 25 feet measured from the minimum setback line of 10 feet, except where the building is located farther back than the required minimum setback line, the width shall then be measured at the actual setback line provided. A site plan shall be required to demonstrate actual building location. When the width is measured at the minimum setback line, no site plan shall be required.* *Variance No.3799 C. Minimum Lot Frontage Width of Flag Lots Minimum lot frontage width at right-of-way shall be twenty (20) feet except where a reciprocal ingress/egress 2 easement has been provided for between two (2) adjacent flag lots whereby the minimum lot frontage shall be ten (10) feet per lot. The minimum driveway width shall be sixteen (16) feet. A maximum of ten (10) percent of the total number of lots created by any division of land may be "flag" designed. (A, B and C above replace the first paragraph of 18.31.061). D. Minimum Lot Depth (Adjacent to Oak Canyon Road,Serrano Avenue and Weir Canyon Road) Depths of lots adjacent to arterials and expressways shall conform to the requirements of Title 17 of the Anaheim Municipal Code with the exception of residential lots which are separated by an open space or landscaped lot which shall be controlled by this section. E. Structural Height and Area Limitations Maximum overall height of any building shall be thirty- five (35)feet and two stories measured from the highest portion of the structure to the ground floor elevation directly below that point. However, within one hundred and fifty (150) feet of any single-family Development Area, except where separated from such Development Area by an arterial, the maximum height shall be twenty-six (26) feet and two (2) stories, exclusive of the roof and measured as stated above. (Replaces 18.31.062., .010, .011, .0121 .013). F. Maximum Site Coverage The maximum coverage by all residential and accessory buildings shall be forty-five (45) percent of the building site area. Recreational -leisure area buildings and facilities shall not be included in the calculation of coverage. (Replaces 18.31.062.020). G. Setbacks 1. Scenic Corridor Setbacks Due to the single-family nature of these types of units, Section 18.84.052.020 and 030.031 shall not apply. 2. Structural Setback and Yard a. Front yard building setbacks shall be a minimum of ten (10) feet. 3 b. Sideyard building setbacks shall be a minimum of five (5) feet on the detached side and zero (0) on the attached side. C. Rear yard building setbacks shall be a minimum of ten (10) feet. d. Minimum setback for front -on garages shall be 20 feet with a roll up door and 25 feet without such a door. Setback shall be measured from property line to face of garage door, for front -on conditions and to the face of the structure for side -on conditions. (Sections a to d replace 18.31.063.010, .011, .012, 020, 021, .022, .026 and 18.84.051.020 and 18.31.065, .010, .011 and .012). 3. Required Improvement of Yards and Setback Areas Yards and setback areas shall be landscaped and maintained either by individual lot owners or a homeowners association, as appropriate. (Adds to Section 18.31.063.026). 4. Minimum Landscaped Area - Adjacent to Arterials (Serrano Avenue, Oak Canyon Road and Weir Canyon Road) Minimum landscaped area, including sloped area -s shall be a minimum of seven (7) feet for downslope conditions, and fourteen (14) feet for upslope conditions, varying between conditions as indicated on the Circulation Plan. H. Required Recreational Leisure Area The minimum private and/or common recreational -leisure space requirement will be seven hundred (700) square feet per dwelling unit, which may include setback areas. The minimum area counted shall be ten (10) feet by ten (10) feet exclusive of driveways. No additional open space shall be required. (Replaces 18.31.063.030, .031, and .032). I. Sign Regulations Advertising and Identification Entrance monumentation/signage, both neighborhood and community, shall be permitted as provided for in Section 18.72.100 (Sign Regulations) and shown on Exhibit 16. (Adds to Section 18.31.067). 4 J. Required Site Screening 1. Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm, and/or any combination thereof, totaling not less than six (6) feet in height, shall be provided along and immediately adjacent to the applicable site boundary line or lot line of these Residential Development Areas for that portion abutting any multi -family Development Area. Where adjacent to single-family detached Development Areas, no wall shall be required. The height of any such wall and/or berm shall be measured from the highest finished grade level of the building pad of dwelling units located nearest any such abutting boundary. 2. In cases where there is an intervening slope bank or view opportunity, the height of site screening may be reduced to five (5) feet, and may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof based on view and sound attenuation conditions. 3. Any fencing located in a manner which may obstruct the view from a public right-of-way shall consist of decorative open-work materials or as required for sound attenuation as approved by the Planning Commission and/or City Council. 4. Any wall required adjacent to an arterial highway shall be constructed either along and adjacent to the property line separating such development from the arterial highway, or at the top of the slope adjacent to said arterial highway, whichever is the higher elevation. The top of said wall shall be minimum of five (5) feet above the elevation of the buildings pad of dwelling units closest to the arterial highway, regardless of whether the wall is constructed on the property line or at the top of the slope. The wall may be constructed with solid material, open metal work, and/or plexiglass, or any combination thereof, based on view and sound attenuation conditions. (Section J.1, 2, 3 and 4 replace the first paragraph of 18.31.068). 5. Site screening up to seven (7) feet in height may be permitted by the Planning Commission for sound attenuation purposes based on an acoustical sound study. (Modifies 18.31.068.025)." 5 SECTION 4. That except as expressly amended herein, Ordinance Nos. 4976 and 4977, as previously amended, shall remain in full force and effect. SECTION S. 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 6. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this ist day of necember 1998. 67 MAYOR OF THE CITY OF AHEIM AT TEST- t'ITY CLERK C'F THE CITY OF ANAHEIM 0028414.01\smann EXHIBIT "A" TO BE INSERTED [EXHIBIT 10 TO SPECIFIC PLAN] 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. 5659 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of November, 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1 st day of December, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5659 on the 1st day of December, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of December, 1998. 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 of Ordinance No. 5659 and was published once in the North County News on the 10th day of December, 1998. CITY CLERK OF THE CITY OF ANAHEIM PROOF 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 twenty one 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: December 10, 1998 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date Declember 10, 19 98 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp Proof of Publication of - 4t aS7 � — w�mpt wmrme "MOW V10a a. Ayes: Feldhaus, . Kring, McCfvc � 0= Absent: Noft This 0f d AallCe amends OrdInancM Met. 4976 and 4977 and ifrctlon 18.72.070 of tM Ane- Munlc*xg Cod Is aeheirn-2 for the S; � pft= Plan (BP" -2 AME 14T No. 31 If you wish a full copy of #n W at tM above ordk+opwe. ow the offim of the Cloy CIO* of765-8166, bee we n 8:00 a.m. and &: p.rrh. Monday *e6ugh Frktoy. There is no choro far the cepy. Publish: ArmcihNrn 8ullasin December T0, 1998 C22UO0400 28-1834 - a PROOF OF PUBLICATION