5497ORDINANCE NO. 5497
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING
(COMMUNICATIONS ANTENNAS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new subsection .125 be, and the same is hereby,
added to Section 18.21.050 of Chapter 18.21 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.125 Communications antennas (including cellular)
whether ground -mounted or mounted on a structure, except as
provided in subsection 18.21.030.065 of this Code. Maximum
structural height shall be determined by conditional use
permit."
SECTION 2.
That subsection .290 of Section 18.21.050 of Chapter
18.21 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.290 Public utilities or utilities operated by mutual
agencies, including electrical substations, gas or
conversion plants, with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities."
SECTION 3.
That subsection .200 of Section 18.41.050 of Chapter
18.41 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.200 Public utilities or utilities operated by mutual
agencies, including electrical substations, gas or
conversion plants, with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities."
SECTION 4.
That subsection .210 of Section 18.41.050 of Chapter
18.41 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
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11.210 Communications stations and antennas (other than
those permitted by subsections 18.41.030.090 and
18.41.030.100) including amateur -operated radio transmission
towers and cellular communications facilities/towers,
whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use
permit."
SECTION 5.
That subsection .290 of Section 18.44.050 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.290 Public utilities or utilities operated by mutual
agencies, including electrical substations, gas or
conversion plants, with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities."
SECTION 6.
That subsection .330 of Section 18.44.050 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.330 Communications stations and antennas (other than
those permitted by subsections 18.44.030.120 and
18.44.030.130) including amateur -operated radio transmission
towers and cellular communications facilities/towers,
whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use
permit."
SECTION 7.
That subsection .280 of Section 18.45.050 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
"280. Public utilities or utilities operated by mutual
agencies, including electrical substations, gas or
conversion plants, with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities."
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SECTION 8.
That subsection .310 of Section 18.45.050 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.310 Communications stations and antennas (other than
those permitted by subsections 18.45.030.130 and
18.45.030.140) including amateur -operated radio transmission
towers and cellular communications facilities/towers,
whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use
permit." -
SECTION 9.
That subsection .260 of Section 18.46.050 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
"260. Public utilities or utilities operated by mutual
agencies, including electrical substations, gas or
conversion plants, with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities."
SECTION 10.
That subsection .290 to Section 18.46.050 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.290 Communications stations and antennas (other than
those permitted by subsections 18.46.030.120 and
18.46.030.130) including amateur -operated radio transmission
towers and cellular communications facilities/towers,
whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use
permit."
SECTION 11.
That subsection .040 of Section 18.61.028 of Chapter
18.61 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.040 Public works or public utility service yards or
electrical receiving and/or transforming stations."
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SECTION 12.
That subsection .460 of Section 18.61.050 of Chapter
18.61 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.460 Communications stations and antennas (other than
those permitted by subsections 18.61.030.100 and
18.61.030.110) including amateur -operated radio transmission
towers and cellular communications facilities/towers,
whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use
permit."
SECTION 13.
That subsection .080 of Section 18.63.028 of Chapter
18.63 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.080 Public works or public utility service yards or
electrical receiving and/or transforming stations."
SECTION 14.
That subsection .410 of Section 18.63.050 of Chapter
18.63 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.410 Communications stations and antennas including
amateur -operated radio transmission towers and cellular
communications facilities/towers, whether ground mounted or
mounted on a structure. Maximum structural height shall be
determined by conditional use permit."
SECTION 15.
A. To the extent that any provision(s) of this
Ordinance would otherwise apply to the development or use of
property and said provision(s) ("new regulations") contain
restrictions or limitations on the development or use of property
greater than the provisions which existed immediately prior to
the time this ordinance became effective ("prior regulations"),
said prior regulations shall continue to apply (and said new
regulations shall not apply) to the construction,, development or
establishment of the following projects:
1. Any project (i) not otherwise subject to the
provisions of this ordinance for which building plans were
initially submitted to the City of Anaheim for plan check (the
"initial plan check") prior to May 16, 1995, for purposes of
obtaining building permit approval, and (ii) for which
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construction is completed within one year following the date of
issuance of said building permit; or
2. Any project (i) for which specific plans for
development were finally approved by the Zoning Administrator,
Planning Commission or City Council pursuant to a zone
reclassification, conditional use permit or zone variance
("discretionary approval") prior to May 16, 1995, and (ii) for
which a building permit is issued pursuant to and in accordance
with such discretionary approval and (iii) for which construction
is thereafter commenced and completed pursuant to and in
accordance with said discretionary approval.
B. To the extent that the provisions of Section 12 of
this Ordinance would otherwise apply to the development or use of
property and said provisions ("new regulations") contain
restrictions or limitations on the development or use of property
greater than the provisions which existed immediately prior to
the time this ordinance became effective ("prior regulations"),
said prior regulations shall continue to apply (and said new
regulations shall not apply) to the relocation of a cellular
communication facilities/tower made necessary by demolition of a
building in the Anaheim Plaza Redevelopment Area, provided said
relocation shall be to the southwest side of the Santa Ana (I-5)
Freeway and further provided that the relocation site shall be a
minimum of 200 feet from any arterial highway or freeway right-
of-way and 300 feet from any residentially zoned property.
SECTION 16. 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 17. 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 18. 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 therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 23rd day of May
1995.
MAYOR OF THE CITY OF ANXTEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
11912.1\SMANN\May 11, 1995 — 6 —
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. 5497 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th
day of May, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 23rd day of May, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: Tait
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5497 on the
23rd day of May, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of May, 1995.
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. 5497 and was published once in the North Orange County News on the 1 st day of June,
1995
CITY CLERK OF THE CITY OF ANAHEIM