6030ORDINANCE NO. 6030
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TABLE 4-A OF SECTION 18.04.030 OF
CHAPTER 18.04 AND SUBSECTION .040 OF SECTION
18.38.060 OF CHAPTER 18.38 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO
TELECOMMUNICATION FACILITIES (ZONING CODE
AMENDMENT NO. 2006-00048)
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
FOLLOWS:
SECTION 1.
That Table 4-A (Primary Uses: Single -Family Residential Zones) of Section
18.04.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
Table 4-A
P
Permitted by Right
PRIMARY USES: SINGLE-FAMILY
C.
Conditional Use Permit Required
RESIDENTIAL ZONES
N
Prohibited
R11-1 RH-2 R11-3
RS -1 RS -2 RS -3
RS -4
Special Provisions
Residential Classes of Uses
Dwellings -Single -Family Detached P P
P
P P P
C
Mobile Home Parks N N N
N N C
N
Residential Care Facilities P P
P
P P P
P
Subject to
§18.36.030.050
Note on Table 4-A - Residential Classes of Uses:
New Residential Development. All new residential development within 600 feet of any railroad, freeway,
expressway, major arterial, primary arterial or secondary arterial, as designated by the
Circulation Element of the
General Pian, is subject to the provisions of Section 18.40.090.
Non -Residential Classes of Uses
Agricultural Crops P P
N
N N N
N
Antennas -Private Transmitting P P
P
P P P
P
Subject to
§ 18.38.040
Antennas -Telecommunications- C C
C
C C C
C
Subject to
Stealth Building -Mounted
§18.38.060.040
Antennas -Telecommunications- N N
N
N N N
N
Stealth Ground -Mounted
Antennas -Telecommunications- N N
N
N N N
N
Ground -Mounted
Bed & Breakfast Inns N N
N
C C N
N
Must be located on
an arterial
highway; subject to
Table 4-A
PRIMARY USES: SINGLE-FAMILY
RESIDENTIAL ZONES
P Permitted by Right
C Conditional Use Permit Required
N Prohibited
RH-1 RH-2 RH-3 RS -1 RS -2 RS -3 RS4 Special Provisions
Beekeeping
C
N'
N
N
N
N N
Community & Religious Assembly
C
C
C
C
C
C N
Convalescent & Rest Homes
N
N
N
C
C
C N
Day Care Centers
C
C
C
C
C
C C
Educational Institutions—General
C
C
C
C
C
C C
Golf Courses & Country Clubs
C
C
C
C
C
C N
Group Care Facilities
C
C
C
C
C
C C
Oil Production
N
N
N
N
N
C N
Public Services
C
C
C
C
C
C C
Recreation—Low Impact
C
C
C
C
C
C C
Transit Facilities
C
C
C
C
C
C C
Utilities—Minor
C
C
C
C
C
C C
SECTION 2.
§18.38.080
Subject to
§ 18.36.040.070
Subject to
§ 18.38.180
That Subsection .040 of Section 18.38.060 (Antennas -Telecommunications) of
Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended
to read as follows:
11.040 Location Standards.
.0401 Wireless Communication Facilities shall be co -located where
technologically feasible and visually beneficial. Facilities that are not proposed to be co -located
shall provide a written explanation why the facility is not a candidate for Collocation.
.0402 Where determined to be technically feasible and appropriate, unutilized
space should be made available for Collocation of other Wireless Communication Facilities,
including space for entities providing similar, competing services. Collocation is not required in
cases where the addition of the new service or facilities would cause quality of service
impairment to the existing facility or if it became necessary for the host facility to go off-line for
a significant period of time.
.0403 Front or street setback. No Wireless Communication Facility shall be
constructed or placed in any street setback in any zone except as may be specifically allowed by
the regulations of that zone.
.0404 Interior setback. All portions of any Antenna structure and associated
equipment shall be located a minimum of five (5) feet from any interior property line unless
otherwise specifically allowed by the regulations of the zone.
2
.0405 In Multiple -Family Residential Zones, no Wireless Communication
Facility shall be installed on the roof of a building except as specifically provided in subsections
18.38.060.030 and 18.38.060.050 pertaining to Building -mounted Wireless Communication
Facilities.
.0406 A Ground -mounted Wireless Communication Facility shall not be located
in a required parking area, vehicle maneuvering area, or vehicle/pedestrian circulation area in
such a manner that it interferes with, or in any way impairs, the utility or intended function of
such area.
.0407 The only Wireless Communication Facilities allowed in Single -Family
Residential Zones are (i) sports field lighting located on publicly owned parks or golf courses or
(ii) stealth building -mounted facilities that are architecturally integrated within an existing
structure on property developed with non-residential uses and located on an arterial or collector
street.
.0408 A Wireless Communication Facility shall not be permitted on property
with a Transitional Zone designation where the existing use is a single family use or a multiple
family use.
.0409 Ground -mounted Wireless Communication Facilities shall not be
permitted in any zone, except for Stealth facilities."
SECTION 3. 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 4. 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 5. PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was .introduced at a regular meeting of the
City Council of the City of Anaheim held on the _ day of August , 2006, and
thereafter passed and adopted at a regular meeting of said City Council held on the 22.,]_ day
of August , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway.
NOES: None
ABSENT: None
ABSTAIN: None
(4 4M
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MAYOR OF iTE COPF AHEIM
ATTEST:
Y C RK O THE CITY OF ANAHEIM
62259.v2/MGordon
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:
August 31, 2006
"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: August 31, 2006
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
of Publication of
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6030
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TABLE 4•A OF SECTION 18.04.030 OF
CHAPTER 18.04 AND SUBSECTION .040 OF
SECTION 18.38,060 OF CHAPTER 18.38 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE PERTAINING
TO TELECOMMUNICATION FACILITIES (ZONING
CODE AMENDMENT' NO. 2006-00048)
This ordinance amends Table 4-A of Section 18.04.030 and
Subsection .040 of Section 18.38.060 of Title 18 "Zoning" of
the Anaheim Municipal Code to include stealth building -
mounted telecommunications facllfties as a conditionally
permitted use on sites in a Single FamiN Residential zone
developed with a non-residential use. T e amendment re-
quires such faclltties to be architecturally I rated into a
building through the addition of a bell or cl tower, reli
gious icon, or some other architectural feature.
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Ordinance
No. 6030 which ordinance was introduced at a regular
meeting of the City Council of the City of Anaheim on the
8th day, of August, 82006 and was duly passed and adopted
at gusat Eby the following rollsaid ncil on call vote of thedmeombers
AYES: Mayor Pringle, Council Members Chavez,
Hernandez, Sidhu, Galloway,
NOES: None
ABSENT: None
The above summary is a brief description of the subject
matter contained in the text of Ordinance No. 6030, which
has been prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance 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) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin
August 31, 2006
25-756 8139628