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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: 1 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." - 2 - I 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." - 3 - I 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 - 4 - I 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. - 5 - a 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