The purpose of this chapter is to provide general standards that apply to all or several zones, and amplify the standards applicable to individual zones. (Ord. 5920 § 1 (part); June 8, 2004.)

   No building or structure shall be erected, reconstructed or structurally altered to exceed the height limit herein established for the zone in which such building is located, unless otherwise specifically stated in the underlying zone. Structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, flagpoles, chimneys, smokestacks or similar projections may be erected above the height limits prescribed in the underlying zone; provided the projections are permitted uses in the underlying zone, and the projection does not exceed the height limit by more than eight (8) feet. Religious institution steeples or similar structures may exceed this eight (8)-foot limit if approved by a conditional use permit. No projection, structure or any space above the height limits shall be allowed for the purpose of providing habitable floor space. Tanks, ventilating fans, and similar utility and mechanical equipment shall be screened as set forth in Chapter 18.38 (Supplemental Use Regulations). (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   General. Except as hereinafter provided, every front, side or rear yard created by a required setback shall be open and unobstructed from the ground to the sky; no setback or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a setback or open space for any other building; and no setback or open space on any adjoining property shall be considered as providing a setback or open space for a lot whereon a building is to be erected. All yards and setbacks shall be landscaped as provided by this title.

   .020   Measurements. Required street and front setbacks are intended to provide an adequate landscaped buffer between buildings and the adjacent public or private streets or easements that provide vehicle access to the underlying lot.

      .0201   Street Setbacks for Non-Residential and Multiple-Family Residential Lots. The minimum setbacks for all non-residential and multiple-family lots and parcels adjoining one or more public or private streets or vehicle easements shall be measured from the closest building to the closest of the following:

         .01   The ultimate right-of-way of any adjacent public street or arterial highway;

         .02   The edge of any adjacent private street; and

         .03   The edge of any recorded private vehicle access easement.

      .0202   Setbacks for Single-Family Residential Lots and Parcels. All structures shall maintain a minimum setback measured from the property line, or the following, whichever is closer:

         .01   The ultimate right-of-way of the adjacent public street or arterial highway; or

         .02   The closest edge of any adjacent private street; or

         .03   The closest edge of any recorded private vehicle access easement.

      .0203   Setbacks for Attached Accessory Buildings. If an accessory building is attached to the main building and is structurally part of and has a common wall or roof with the main building, it shall comply in all respects with the requirements of the underlying zone applicable to the main building, including side and rear setbacks, unless otherwise specified by the underlying zone.

   .030   Setbacks Adjacent to Freeway Right-of-Way. Any building wall containing any window, door or other opening therein, shall be located not less than ten (10) feet from any freeway right-of-way line, or such greater distance as may be required pursuant to any other provision of this Code.

   .040   Uses Adjacent to Residential Zones or Residential Uses. All buildings used for Day Care Centers, Educational Institutions-General, or Community & Religious Assembly as identified by Chapter 18.36 (Types of Uses), shall have a landscaped setback of fifteen (15) feet from every boundary line of a property in any residential zone or a property developed with any residential use. Associated designated play areas shall also comply with this fifteen (15)-foot setback requirement. Parking areas shall comply with the structural setback requirements of the underlying zone.

   .050   Setbacks on Through Lots. Both the front and back of a structure on a through lot shall be subject to the front setback requirements of the underlying zone; provided, however, one of the yards may be considered a rear yard if no access is provided from the street and the adjacent lots have no access from the same street, or access rights to that street have been dedicated.

   .060   Setbacks on Lots Adjacent to Another Jurisdiction. If a lot abuts another city or county boundary, the setback from the boundary line shall be determined based upon the land use and zone of the abutting city or county.

   .070   Measurement of Rear Setback Depth Adjacent to an Alley. Where a rear yard abuts an alley, one-half (1/2) of the width of the alley may be considered as applying to the depth of the rear setback, if the required setback is no less than twenty-five (25) feet. (Ord. 5920 1 (part); June 8, 2004: Ord. 5998 § 30; October 25, 2005: Ord. 6031 § 29; August 22, 2006: Ord. 6473 § 28; December 3, 2019: Ord. 6526 § 24; February 15, 2022.)

   .010   Platinum Triangle Minimum Setback Requirements. Any structure or any addition to an existing structure fronting on the following streets, shall have an open setback area extending for the full width of the property. This setback shall be parallel to the centerline of the street, and shall be measured from the planned highway right-of-way line, as designated on the Circulation Element of the General Plan, and shall be of such depth as indicated in Table 40-A (Platinum Triangle Special Area Setbacks) below.

 

      .0101   Landscaping of Setback Areas. Required landscaping shall be provided in accordance with Chapter 18.46 (Landscaping) and The Platinum Triangle Master Land Use Plan. For properties within the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone, all required structural setbacks and yards adjacent to public streets and arterial highways shall be landscaped and permanently maintained with lawn, ground cover, shrubs and trees as specified in Chapter 18.20 (PTMU Overlay Zone).

      .0102   Permitted Encroachments into Setback Areas. Permitted encroachments into setback areas shall be the same as in the underlying zone.

      .0103   Exemptions. The projects or improvements in Table 40-B (Platinum Triangle Special Area Setback Exemptions) below are exempt from the Platinum Triangle Special Area Setbacks. However, If the Planning Director determines that adverse impacts would occur from the improvements, if the improvements would add any additional square footage beyond five percent (5%) of each building’s floor area, or if the improvements are not in substantial conformance with the building envelope, the improvement plans shall require a conditional use permit subject to the provisions of paragraph 18.40.050.010.0104 below. Notwithstanding the foregoing, the Planning Director may refer any of the below-noted improvement plans to the Planning Commission for consideration as a conditional use permit.

 

 

      .0104   Non-conforming Structures. Structures that do not comply with the Platinum Triangle Special Area Setback requirements and are not exempt from said requirements may be permitted subject to the approval of a conditional use permit in accordance with the provisions of Chapter 18.66 (Conditional Use Permits) and subject to the requirement that the evidence presented shows that all of the conditions set forth in Section 18.66.060 exist, as well as the condition that the use and/or structure will bring the property into greater conformity with the intent of the Platinum Triangle Master Land Use Plan.

   .020   North Anaheim Boulevard and West Lincoln Avenue Minimum Setback Requirements. Any structure or any addition to an existing structure fronting on Anaheim Boulevard, north of Lincoln Avenue and/or fronting on the following streets may have the following street setback extending for the full width of the building or structure.

 

 

      .0203   Maximum thirty-six (36) inch high decorative walls or fences planted with clinging vines that will substantially cover the wall or fence within two (2) years of installation. (Ord. 5920 1 (part); June 8, 2004: Ord. 5948 6; November 9, 2004: Ord. 6031 § 30; August 22, 2006: Ord. 6075 § 12; September 11, 2007: Ord. 6351 § 21; December 15, 2015: Ord. 6473 § 29; December 3, 2019: Ord. 6538 § 3; October 4, 2022.)

   .010   Street and Other Right-of-Way Dedication and Improvement Required. Anticipating that changes will occur in the local neighborhoods and the City generally, as a result of activities associated with the City's development and growth, the dedications and improvements in this section are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of the land, and to preserve the public health, safety and general welfare. These requirements shall be met or complied with before any building permits are issued for development of the property, except as otherwise specifically set forth herein.

   .020   Dedication of Right-of-Way. The right-of-way for all streets, highways, sewers, storm drains, and alleys which abut or cross the subject property shall be dedicated to the full width required by the City Engineer in accordance with the Circulation Element of the General Plan and any applicable Specific Plan, and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer; provided, however, that no dedication shall be required to widen an arterial highway to the additional width required to meet the Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time. Required setbacks shall be measured from the ultimate right-of-way shown on the Circulation Element of the General Plan and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer, including the Standard Detail No. 164-A (Supplemental Lanes Intersection Layout). The right-of-way for all riding/hiking, pedestrian and mountain bike trails shall be dedicated to the full width required by the Director of Community Services in accordance with the Green Element of the General Plan and any applicable Specific Plan. (Ord. 5944 § 18; September 28, 2004: Ord. 6031 § 31; August 22, 2006.)

   .030   Improvement of Right-of-Way – General. Unless otherwise required by the Subdivision Map Act, prior to issuance of occupancy permits, all street, highway, sewer, storm drain, street light, CATV, alley, trail improvements, parkway landscaping and median island landscaping shall have been installed, removed and reconstructed, and/or be in good repair, or improvement plans shall be required to be prepared to City of Anaheim standards and such improvements constructed, removed and reconstructed at their ultimate locations, or repaired.

      .0301   A faithful performance bond, in a form approved by the City Attorney and in an amount to be determined by the City Engineer, shall be posted to guarantee the construction of the required improvements.

      .0302   When the City Engineer has determined, in the interest of public health, safety and general welfare, that some or all of the improvements should be delayed until a future date, the obligations shall be fulfilled in either of the following ways:

         .01   Where the future date is known, a faithful performance bond, in the form approved by the City of Anaheim and in an amount to be determined by the City Engineer, shall be posted to guarantee construction at a future date, provided the City Engineer has determined that posting a bond is in the interest of public safety and convenience; otherwise, a deposit shall be required as set forth in subparagraph .02; or

         .02   Where the future date is undetermined, or where the future date is known and the City Engineer has determined that posting a bond is not in the interest of public safety or convenience, a sum of money, in an amount determined by the City Engineer to be sufficient to pay for the required improvements, shall be paid to the City of Anaheim; provided, however, the amount of the payment shall not exceed the impact created by the development project, as determined by the City Engineer. Such payment shall constitute compliance with the obligations imposed by this subsection .030, and shall exonerate the property from the obligations imposed by this subsection .030. Any payment received shall be placed in a special fund to be used solely for the improvement of rights-of-way, including but not limited to, improvements to the property for which the money was paid.

      .0303   Supplemental Lanes Intersection Layout. In the case of properties abutting all or any portion of an intersection designated on the Circulation Element of the Anaheim General Plan as a supplemental lanes, as set forth in the Standard Detail No. 164 (Supplemental Lanes Intersection Layout), as it may be revised from time to time, compliance with the obligation imposed by subsection .0302.02 above shall be met by installation of all required improvements, or payment of a sum of money in an amount determined by the City Engineer to be sufficient to pay for all required improvements, except those improvements or costs related directly to improvements for the supplemental lanes intersection layout which are in excess of standards otherwise applicable to the street or highway being improved. Funds paid pursuant to this subsection shall be treated the same as those paid under subsection .0302.02 above. (Ord. 5944 19; September 28, 2004.)

      .0304   Nothing herein shall be construed to relieve any property of any obligation to comply with any requirements imposed as a condition of approval for future permits.

   .040   Street Lighting and Cable Television Facilities. Street lighting facilities and CATV underground structures shall be installed prior to issuance of occupancy permits, in accordance with the official street lighting plan and CATV specifications approved by the Public Utilities General Manager. A performance bond shall be required, in an amount established by the General Manager and in a form approved by the City Attorney, to cover the installed cost of the facilities required. In lieu of the installation of street lighting facilities, the General Manager may require street lighting fees on a front-foot charge basis for any abutting street or highway in an amount to recover the estimated cost for the street lighting facilities required in accordance with the official street lighting plan approved by the General Manager. The requirement for installation or payment of street lighting facilities front-foot fee may be waived by the General Manager, if the subject property has previously been assessed a fee for the street lighting facilities, but none were installed due to compliance of the existing street lighting system with the official street lighting plan approved by the General Manager.

   .050   Public Utility Easements. Public utility easements necessary to serve the subject property and/or area in which the subject property is situated shall be dedicated to the City, in accordance with the requirements of the Public Utilities General Manager. Electrical utilities shall be placed underground and dedicated to the City of Anaheim, in accordance with the requirements of the Public Utilities General Manager, prior to issuance of occupancy permits.

   .060   Fire Protection Facilities. Necessary fire protection facilities shall be installed, in accordance with the requirements of the Fire Chief, prior to issuance of occupancy permits or at such other time as required by the Fire Chief.

   .070   Automatic Exemptions.

      .0701   The following building permits are exempt from the requirements imposed by subsection .020 of this section:

         .01   Building permits for interior modifications of buildings or structures which do not increase the usable square footage of the building;

         .02   Building permits for replacement of a legally existing single-family residences and related Accessory structure(s) that is to be demolished or that has been damaged or destroyed by fire, earthquake or other calamity as long as the replacement structure does not increase usable square footage and is in substantial conformance with the previous land use;

         .03   Building permits for replacement of a legally existing non-single-family residential structure(s) and related Accessory structure(s) that has been damaged or destroyed by fire, earthquake or other calamity, as long as the replacement structure does not increase usable square footage and is in substantial conformance with the previous land use;

         .04   Building permits for any expansion of a legally existing single-family residence.

      .0702   The following building permits are exempt from the requirements imposed by subsections .030 through .060 of this section:

         .01   Building permits for interior modifications of legally existing buildings or structures which do not increase the usable square footage of the building;

         .02   Building permits for replacement of a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage.

         .03   Building permits wherein a minor addition is being added to a legally existing structure or building. "Minor Addition" shall include an expansion of a single-family residence or any expansion of a commercial or industrial use, wherein the square footage of all buildings on the property is being expanded by one thousand (1,000) square feet or less within any two (2) year period.

   .080   Discretionary Exemptions. The City Engineer may grant exemptions from all or any portion of the requirements imposed by subsections .020 through .060 of this section.

      .0801   Before any such exemption is granted by the City Engineer, it shall be shown that either:

         .01   There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or

         .02   The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project.

      .0802   An application for exemption pursuant to this subsection .080 shall be made in writing on a form established for that purpose by the City Engineer.

      .0803   The decision of the City Engineer relating to an application for exemption pursuant to this subsection .080 shall be made in writing within fifteen (15) days following the receipt of a completed application for exemption.

   .090   Decisions of the City Engineer pursuant to subsection .080 above may be appealed to the Planning Commission, in accordance with the procedures established in Chapter 18.60 (Procedures) for the processing of variances, except that the findings set forth in Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required, and provided that such decisions shall be subject to the findings for Discretionary Exemptionsin paragraph .0801 of subsection .080 above. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6064 § 1; July 17, 2007: Ord. 6620 § 52; January 13, 2026.)

   Construction of prefabricated buildings (excluding manufactured homes and mobile homes as otherwise permitted in this code) may be permitted in the "C-G", "I", "SP" and "T" zones; provided that such buildings comply with the following provisions:

   .010   The buildings are located on a foundation system;

   .020   The design is compatible with adjacent and nearby buildings; and

   .030   The buildings are painted and finished with fascias.

(Ord. 5920 1 (part); June 8, 2004: Ord. 6461 § 13; April 16, 2019.)

   .010   Maximum Structural Height. Structures in excess of the maximum heights shown on the "Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map", which covers that area designated Commercial Recreation on the General Plan, and which generally extends to Walnut Street on the west, Ball Road, the I-5 Freeway and Vermont Street on the north, the I-5 Freeway on the east and Orangewood Avenue on the south, and which boundaries are more specifically shown on the map, shall be prohibited. Said map, which is dated May, 2024, is on file in the Planning and Building Department of the City of Anaheim, and is incorporated herein by this reference as if set forth in full herein. Maximum heights for the purposes of this section shall be measured, as shown on said map, to the highest point of the building or structure, including penthouses or roof structures for the housing of elevators, stairways, ventilating fans, cooling towers or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, chimneys or similar structures.

   .010   Applicability. Residential developments involving the construction of two (2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels, and located within six hundred (600) feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, shall comply with the provisions of this section. The construction of an Accessory Dwelling Unit or Accessory Dwelling Unit – Junior shall not constitute a residential development subject to the provisions of this section.

   .020   Study Required. A noise level analysis shall be performed for any new residential development or subdivision to determine the projected interior and exterior noise levels within the development. The study shall include mitigation measures that would be required to comply with applicable City noise standards, as identified in this section. The study shall be provided by the applicant, at its sole expense, to the City at the time of application for development of the residential development or subdivision.

   .030   Attenuation. Mitigation measures, without limitation, may include masonry walls, an earthen berm or a combination thereof. Masonry walls must comply with the requirements of Chapter 18.46 (Landscaping and Screening). The height of any proposed walls shall be determined by the approval authority based on the recommendation of a sound attenuation study prepared by a state-licensed acoustical engineer, unless a variance is granted by the approval authority, or City Council on appeal, in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances.

   .040   Single-Family Detached. Exterior noise within the private rear yard of any single family lot and/or within any common recreation areas, shall be attenuated to a maximum of sixty-five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City.

   .050   Single-Family Attached or Multiple Family. Exterior noise within common recreation areas of any single family attached or multiple family dwelling project shall be attenuated to a maximum of sixty-five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City.

   .060   Minor Deviations. Notwithstanding any provision of this Code to the contrary, the Planning Commission may grant a deviation from the requirements imposed by subsections .040 and .050 of this section pertaining to exterior noise levels in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances except that the findings set forth in Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required and provided that before any such deviation is granted by the Planning Commission, the evidence presented shows that all of the following conditions exist:

      .0601   The deviation from prescribed levels does not pertain to interior noise levels;

      .0602   The deviation does not exceed five (5) dB CNEL above the prescribed levels for exterior noise; and

      .0603   Measures to attenuate noise to the prescribed levels would compromise or conflict with the aesthetic value of the project. (Ord. 6000 § 3; November 8, 2005: Ord. 6101 § 33; April 22, 2008: Ord. 6317 § 14; March 3, 2015: Ord. 6419 § 10; August 29, 2017: Ord. 6483 § 9; June 9, 2020.)