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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 ..z� 0,! 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