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Accessory living quarters, as defined in Chapter 18.36 (Types of Uses), are subject to the following provisions.
.010 Number of Units Per Parcel. Only one (1) accessory living quarter shall be allowed on any one (1) lot.
.020 Design. An accessory living quarter shall comply with the following design provisions:
.0201 Exterior stairs shall not be visible from any public right-of-way, excluding alleys;
.0202 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit;
.0203 The color, material and texture of all building walls shall be similar to and compatible with the main dwelling unit; and
.0204 The architectural style of the accessory living quarter shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the living quarter shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling.
.030 Occupancy. The accessory living quarter shall be exclusively used for guests or employees of the occupants of the main dwelling, shall not be rented in return for any payment or service, and shall not otherwise be used as a separate dwelling.
.040 Kitchens. An accessory living quarter shall not contain kitchen facilities separate from those of the main dwelling unit.
.050 Utility Services. The accessory living quarters shall not be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services.
.060 Floor Area. The total floor area of the accessory living quarter shall not exceed thirty percent (30%) of the main dwelling unit.
.070 Bedrooms. The accessory living quarter shall contain no more than two (2) bedrooms.
.080 Development Standards. Accessory living quarters shall conform to the development standards for the main dwelling, including but not limited to, lot coverage and front, rear and side setbacks.
.090 Height. In addition to meeting the height requirements of the zone in which it is located, the height of the accessory living quarter shall not exceed the height of the main dwelling unit.
.100 Parking. The number of parking spaces for the single-family home shall be based on the number of bedrooms in both the main dwelling unit and the accessory living quarters, in compliance with Chapter 18.42 (Parking and Loading). (Ord. 5920 1 (part); June 8, 2004: Ord. 6419 § 8; August 29, 2017: Ord. 6384 § 7; June 9, 2020: Ord. 6570 § 16; March 19, 2024.)
.010 Sewer Study Required. Alcoholic beverage manufacturing shall be permitted in the "C-R" Regional Commercial Zone, the "C-G" General Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zone, the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zone, and the "I" Industrial Zone provided that the alcoholic beverage manufacturer satisfies the following requirements:
.0101 A sewer study, including an identification of appropriate measures to mitigate sewer deficiencies, shall be prepared by a registered professional civil engineer in the State of California and submitted for consideration by the City Engineer.
.0102 The sewer study is subject to approval by the City Engineer. The alcoholic beverage manufacturer will be required to implement all mitigation measures recommended in the sewer study, including the construction of new sewer facilities.
.0103 Prior and as a condition to the opening for business of an alcoholic beverage manufacturing use, the alcoholic beverage manufacturer shall implement all such mitigation measures to the satisfaction of the City Engineer.
.020 Size Limitations. The following size limitations shall apply to alcoholic beverage manufacturing uses:
.0201 There is no size limit for alcoholic beverage manufacturing uses located in the "I" Industrial Zone and the Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone.
.0202 Alcoholic beverage manufacturing uses may not exceed 6,000 square feet, unless otherwise permitted by conditional use permit, in the "C-G" General Commercial Zone, "C-R" Regional Commercial Zone, Platinum Triangle Mixed Use (PTMU) Overlay Zone, Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone, and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone.
.030 Tasting or Tap Room. A tasting or tap room may not exceed a total of 750 square feet, unless otherwise permitted by conditional use permit. The area permitted for a tasting or tap room shall not include any outdoor patio area. A tasting or tap room consists of the floor area where alcoholic beverages are consumed, including any bar and seating areas but shall not consist of area within the alcoholic beverages manufacturing licensed premises devoted to restrooms serving the tasting or tap room. An outdoor patio area may be permitted provided it is not located in any required parking space or access way. An outdoor patio area may not exceed 1,000 square feet, unless otherwise permitted by conditional use permit.
.0301 The Planning and Building Director may establish or modify hours of operation for tasting or tap rooms and/or outdoor patios associated with Alcohol Beverage Manufacturing business when the tasting room, tap room or outdoor patio is located within 150 feet of any residential use. Any decision by the Planning and Building Director regarding the hours of operation may be appealed to the Planning Commission, in accordance with the procedures established in Chapter 18.60 (Procedures).
.0302 All brewery owners and employees working in a tasting room or tap room shall successfully complete the LEAD (Licensee Education on Alcohol and Drugs) program through the Department of Alcoholic Beverage Control and/or other responsible beverage service program as approved by the Anaheim Police Department. Certification from the LEAD or equivalent program shall be completed prior to commencement of the tasting room or tap room business. Proof of certification of LEAD or equivalent program shall be made available to the City of Anaheim upon request.
.040 Grain Silo. A grain silo may be permitted to be located outside of the building serving as the alcoholic beverage manufacturing use. The grain silo may not be located in any required parking space or access way. One (1) sign may be permitted on the grain silo with a maximum size of nine (9) square feet. The silo sign is permitted in addition to any permitted wall signs or monument signs.
.050 Outdoor Equipment. Outdoor utility equipment must be screened in accordance with the requirements in Section 18.38.160 (Mechanical and utility equipment – ground mounted). Outdoor ground- mounted utility equipment is not permitted in the "C-G" General Commercial Zone, the "C-R" Regional Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone, and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone.
.060 Outdoor Storage. Outdoor storage is prohibited in the "C-G" General Commercial Zone, "R-C" Regional Commercial Zone, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Anaheim Resort Specific Plan No. SP 92-2 (SP92-2) Zone and Development Areas 3, 4, 5 and 6 of the Anaheim Canyon Specific Plan No. SP 2015-01 (SP2015-01) Zone.
.070 No video, electronic or other amusement devices or games shall be permitted.
.080 The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty eight (48) hours from the time of occurrence.
.090 Any proposed roof-mounted equipment shall be completely screened from view. This screening information shall be specifically shown on the plans submitted for a building permit.
.100 A security plan in a form satisfactory to the Anaheim Police Department shall be submitted to and approved by the Anaheim Police Department prior and as a condition to the issuance of a permit, which plan shall be formulated to deter unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises.
.110 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings making up an alcoholic beverage manufacturing use shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness and shall provide a safe and secure environment for all persons, property, and vehicles onsite.
.120 There shall be no admission fee, cover charge, nor minimum purchase required.
.130 Signs shall be posted inside the business near the exit door stating: "No alcohol allowed past this point."
.140 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (See Section 25.114(a) of the 2013 Edition of the California Fire Code, as the same may be amended from time to time.)
.150 There shall be no live entertainment, amplified music or dancing permitted on the alcoholic beverage manufacturer's licensed premises at any time without issuance of proper permits as required by the Anaheim Municipal Code.
.160 The display of alcoholic beverages shall not be located outside of a building or within five (5) feet of any public entrance to the building.
.170 Up to four (4) Special Event Permits are allowed for an alcoholic beverages manufacturing use subject to Section 18.38.240, except that Special Event Permits may be permitted for alcoholic beverage manufacturing uses in the "I" Industrial Zone and in the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zone.
.180 Food preparation and service shall be allowed as an accessory use to an alcohol beverage manufacturer's licensed premises for those alcohol beverage manufacturers that regularly sell alcoholic beverages wholesale to other businesses.
.190 An alcoholic beverage manufacturer shall not serve brands of alcoholic beverages distributed by a competing alcoholic beverage manufacturer. The alcoholic beverages served shall be limited to the products that are authorized to be sold by the alcoholic beverage manufacturer under its license issued by the California Department of Alcoholic Beverage Control.
.200 A licensed alcoholic beverage manufacturer may, at the alcoholic beverage manufacturer's licensed premises of production, sell to consumers for consumption off the alcoholic beverage manufacturer's licensed premises alcoholic beverages that are produced and bottled by, or produced and packaged for, that manufacturer. A licensed alcoholic beverage manufacturer may also sell such alcoholic beverages to consumers for consumption in the alcoholic beverage manufacturer's tasting or tap room. (Ord. 6296 § 10 March 4, 2014: Ord. 6358 § 3 February 9, 2016: Ord. 6382 § 21 October 18, 2016.)
.210 A licensed alcoholic beverage manufacturer may, at the alcoholic beverage manufacturer's licensed premises of production, sell to consumers equipment and ingredients intended for the purposes of brewing beer at home.
.220 Food sales from vehicles are permitted as a temporary use on a site with an alcoholic beverage manufacturing tasting/tap room use and must be located on private property.
.2201 Operational requirements.
.01 Food sales from vehicles shall be subject to the operational requirements in 14.32.310 except as otherwise provided herein.
.02 Food sales from vehicles may not block required fire lanes or parking drive aisles.
.03 All food sales from vehicles must maintain an active business license with the City of Anaheim and possess any applicable licenses and permissions by the Orange County Health Care Agency Permit.
.04 No outside or additional seating shall be provided for other than what is approved for the tap/tasting room.
.05 Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
.06 Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public or private property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator, unless permission from an alcoholic beverage manufacturer is granted to use waste receptacles under the control of the alcoholic beverage manufacturer.
.07 All requirements for water quality, as well as the treatment of fats, oils, and grease, must be strictly adhered to.
.08 Food sales from vehicles shall not have music or other amplified sound.
.09 When food sales from vehicles are located within 150 feet from a residential use, all sales must cease by 9:00 p.m., and the vehicle must vacate the premise by 10:00 p.m. The Planning Director may establish or modify hours of operation for food sales from vehicles associated with an alcoholic beverage manufacturing business when the tasting or tap room, outdoor patio, or vehicle is located within 150 feet of any residential use.
.10 When food sales from vehicles are located within 150 feet of a residential use, generator may not be used and the vehicle must connect to a power source directly from the alcoholic beverage manufacturing facility.
.11 Unless a food sales vehicle is owned and operated by the alcoholic beverage manufacturer onsite and permitted to do so by the Orange County Health Care Agency, no food sales vehicle shall be permitted to be parked overnight at any alcoholic beverage manufacturer. (Ord. 6406 § 1; April 25, 2017: Ord. 6425 § 15; December 19, 2017: Ord. 6601 § 15; January 14, 2025.)
.010 Animal Maintenance – General. The keeping of animals for domestic, noncommercial use shall be permitted in residential zones, subject to the provisions of Chapter 8.24 (Adoption of Animal Control Ordinances of the County of Orange, California) and this section.
.020 Animal Confinement.
.0201 Methods. Animals shall be tethered or maintained in coops, corrals, stables, or by other means of confinement satisfactory to the Planning Department.
.0202 Distance. No equine, bovine, sheep, swine, goat or bird shall be kept, stabled, tethered, corralled or confined in any manner within fifty (50) feet of any structure used for human habitation, other than that of the owner, or within twenty (20) feet of any property line, except when kept in the dwelling.
.030 Number of Equine Animals. No equine animal shall be kept, stabled, tethered or otherwise maintained on any parcel of property of less than one (1) acre (43,560 square feet) in area, unless otherwise specified in the underlying zone. Further, not more than one (1) adult animal and its immature offspring of less than eight (8) months in age shall be permitted per each quarter-acre (10,890 square feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal.
.040 Number of Bovine, Sheep, Goats and Swine. No bovine, sheep, goat or swine (except for pot-bellied pigs, which are regulated in subsection .080 below) shall be kept, stabled, tethered or otherwise maintained on any parcel of less than one acre (43,560 square feet) in area, unless otherwise specified in the underlying zone. Further, not more than one (1) such animal shall be permitted per each half-acre (21,780 square feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal.
.050 Number of Poultry, Birds, Rabbits and Rodents. The number of poultry, birds, rabbits, and rodents shall not exceed one (1) animal per each eighteen hundred (1,800) square feet of the area of the lot upon which the animal is to be maintained; provided, however, that roosters and peacocks shall not be permitted in any residential zone, unless otherwise specified in the underlying zone. If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal.
.060 Number of Dogs. The number of dogs per dwelling unit shall not exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be permitted, subject to the approval of Animal Care Services of the Orange County Health Care Agency.
.070 Number of Cats. Domestic housecats per dwelling unit shall not exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be permitted, subject to the approval of Animal Care Services of the Orange County Health Care Agency.
.080 Pot-Bellied Pigs. Pot-bellied pigs (meaning a pig classified as Sus Scrofa and commonly referred to as a Vietnamese pot-bellied pig, pygmy pig or mini-pig) shall be permitted subject to the following conditions:
.0801 Only one (1) pot-bellied pig may be kept on a residential lot;
.0802 Subsections .010 through .020 above shall apply;
.0803 The breeding of pot-bellied pigs is prohibited;
.0804 The pot-bellied pig shall be tested and vaccinated for leptospirosis and erisipelis, pseudo-rabies and any other communicable diseases for which a vaccine is available and generally recommended for such animals. Any person owning or having custody of a pot-bellied pig shall maintain an annual certificate from a licensed veterinarian that the vaccination(s) are current;
.0805 The pot-bellied pig shall weigh no more than two hundred (200) pounds, stand no higher than twenty (20) inches, measured from the shoulders, and shall be no longer than forty (40) inches, measured from the tip of the head to the end of the buttock. Any person owning or having custody of a pot-bellied pig shall maintain an annual health certificate, signed by a licensed veterinarian, identifying the weight, height and length of the pig;
.0806 A male pot-bellied pig older than two (2) years shall have its tusks removed, cut or filed to a length of less than two (2) inches by a licensed veterinarian;
.0807 The pot-bellied pig shall be spayed or neutered by two (2) months of age. Any person owning or having custody of a pot-bellied pig shall maintain a certificate of sterilization signed by a licensed veterinarian;
.0808 Upon request by the City, written certification of compliance with subparagraphs .0804 through .0807 from a licensed veterinarian shall be provided by the person owning or having custody of the pot-bellied pig;
.0809 The pot-bellied pig shall be restrained on a leash at all times, when removed from the premises;
.0810 An outdoor exercise area paved in concrete, secured with a perimeter fence, shall be provided for the pig at the rear or side of the property, in conformance with any applicable zoning provisions. The fence shall be designed and maintained to prevent escape from the enclosed area. If the pig is maintained outdoors exclusively, the exercise area shall be a minimum of two hundred (200) square feet in area. If the pig is primarily kept indoors, the outdoor exercise area shall be a minimum of seventy-five (75) square feet in area. In addition, a wading pool or a reasonable substitute for such pool shall be provided during warm weather;
.0811 The premises shall be maintained in an odor-free, clean and sanitary manner. Droppings and other wastes shall be removed on a daily basis;
.0812 A pot-bellied pig shall be kept in compliance with all requirements of Animal Care Services of the Orange County Health Care Agency.
.090 Animal Husbandry Projects. Within the RH-1 Zone and the RH-2 Zone, greater numbers of animals than otherwise allowed by this section may be maintained on any lot for a period not to exceed eight (8) months, when in conjunction with an approved animal husbandry project sponsored by any bona fide educational organization including but not limited to: 4-H (Head, Hands, Heart and Health) or F.F.A. (Future Farmers of America) clubs, subject to approval by the Planning Department, in compliance with the following provisions:
.0901 Verification of participation in an animal husbandry project by the sponsoring organization, including the inclusive dates for the project, reasons for the project, type and number of animals requested, and such other information as deemed relevant for City approval;
.0902 A letter of intent listing all existing and proposed types and numbers of animals to be maintained on the premises, and the anticipated date of removal of any animals exceeding the maximum limitations specified in this section from the premises; and
.0903 Compliance with all other animal maintenance regulations specified in this section.
.100 Prohibited Animals. The keeping of animals not specifically mentioned in this chapter is prohibited, except as provided by Chapter 8.24 (Adoption of Animal Control Ordinances of the County of Orange, California).
.110 Resolution of Conflicts. In the event of a conflict between this section and Chapter 8.08 (Animal Control, Welfare and License Requirements) or Chapter 8.24 (Adopting of Animal Control Ordinances of the County of Orange, California), the provisions of this section shall control. (Ord. 5920 1 (part); June 8, 2004: Ord. 6555 § 33; April 4, 2023.)
Uses classified as Antennas–Private Transmitting are subject to the following provisions:
.010 Heights. Combined tower and antenna shall not exceed a height that is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is only extended when the antenna is in use.
.020 Location. The antenna shall be located to the rear of the main dwelling unit and outside required building setback areas.
.030 Setbacks. The antenna and its tower shall be located a minimum distance equal to the height of the device from any neighboring residential structure.
.040 Mounting. The antenna and its tower shall be self-supporting, ground-mounted and have no external guys or braces that are visible to adjacent properties or public rights-of-way, except during periods of inclement weather, or to avoid a safety hazard.
.050 Quantity. Not more than one (1) tower- or ground-mounted antenna shall be permitted on a single parcel of land, and not more than three (3) antennas may be mounted on a single tower. (Ord. 5920 § 1 (part); June 8, 2004.)
.010 Dish-Type Antennas. Dish-type antennas shall comply with the following provisions.
.0101 Dish-type antennas, including the support structure, exceeding six (6) feet in height for non-residential properties and three (3) feet for residential properties, measured at their highest point above ground level, shall be screened from view from all public rights-of-way, public property and adjacent non-industrially zoned properties, as may be seen from a point six (6) feet above ground level on the adjacent non-industrially zoned property. The screening shall be provided by landscaping, fencing, and/or architectural building features.
.0102 The antennas shall not be located in a required structural setback area abutting any public or private street.
.0103 The diameter of the antennas shall not exceed three (3) feet in residential zones, unless a larger antenna is approved by a conditional use permit. In non-residential zones, the diameter shall not exceed six (6) feet, unless a larger antenna is approved by a conditional use permit.
.0104 For residential zones, all satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets, while maintaining reception.
.0105 For non-residential zones, all satellite dishes and antennas six (6) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets, while maintaining reception.
.020 Other Antennas. Except as otherwise provided in subsections .0104 and .0105 above, antennas, other than dish-type antennas, used for receiving radio or television broadcast signals may be mounted on the roof of a building and need not be screened, with the exception of the Scenic Corridor Overlay Zone. The top of the antenna shall not exceed the maximum permitted height in the zone, or six (6) feet above the highest point of the roof, whichever is higher, unless otherwise specified in the underlying zone. (Ord. 5920 § 1 (part); June 8, 2004.)
.010 Purpose. The purpose of this section is to provide placement, design and screening criteria for wireless communication facilities, in order to protect the public health, safety, general welfare and quality of life in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan, while preserving the rights of wireless communication providers.
.020 Applicability.
.0201 Types of Actions. This section applies to the following:
.01 New wireless communication facilities approved after the effective date of this chapter;
.02 Additions or modifications, approved after the effective date of this chapter, to communication facilities in existence prior to the effective date of this chapter; and
.03 Re-approvals, after the effective date of this chapter, of wireless communication facilities due to expiration, suspension, revocation or other lapse of prior approval.
.0202 Exemptions. The following facilities are exempt from the provisions of this section:
.01 Communications systems of any Federal, State or local government agency charged with maintaining the national defense, public health, safety, and welfare or disaster control;
.02 Residential skeletal-type antenna systems designed to receive UHF, VHF, AM, and FM broadcast transmissions from radio and television stations, subject only to height limits of the zone in which erected;
.03 Unobtrusive, ground-plane-designed, ham- or citizens’-band-radio antennas, subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standards;
.04 Telecommunications systems placed underground in vaults shall not be subject to locational criteria;
.05 Telephone and television cable facilities, other than antenna, call boxes and booths located within public rights-of-way in prescribed easements for such purpose;
.06 Antenna systems regulated by the FCC with respect to heights, provided such antennae do not pose a safety threat; and
.07 Satellite-dish antennas of two (2) meters or less in diameter in commercial/industrial areas, and satellite-dish antennas and Multipoint Distribution Service (MMDS) antennas of one (1) meter or less in residential zones, except such antennas shall comply with City safety requirements.
.030 Definitions. For purposes of this section, the following words, terms and phrases shall have the following meanings:
.0301 “Antenna.” A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. “Antenna” shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.
.0302 “Building-Mounted.” Mounted to the side, facade or roof of a building; or mounted upon or to the side of another facility or structure such as water tanks, church steeples, clock towers, freestanding signs, sports field lighting, utilities transmission towers, or similar structures.
.0303 “Cellular.” An analog or digital wireless communication technology that is based on a network of interconnected receiving and transmitting sites or stations.
.0304 “Co-location.” The placement or installation of wireless telecommunication facilities, including antennas, and related equipment, on existing structures such as water tanks, church steeples, towers, and buildings upon which wireless telecommunication facilities and equipment already exist.
.0305 “Ground-Mounted.” Mounted to a pole, monopole, tower or other similar freestanding facility, or structure, that is specifically constructed for the purpose of supporting an antenna.
.0306 “Monopole.” A structure composed of a single pole used to support antennas or related equipment.
.0307 “Mounted.” Attached or supported.
.0308 “Multipoint Distribution Service.” A microwave communication service that delivers video programming directly to subscribers, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.
.0309 “Personal Communication Services.” Any form of commercial communications service utilizing digital wireless radio communication technology, having the capacity for multiple communications services and the routing of calls to individuals, regardless of location. “Personal communication services” shall also mean and include personal wireless services, as defined in Section 704 of the Telecommunications Act of 1996.
.0310 “Roof-Mounted.” Mounted above the eave line of a building.
.0311 “Search Ring.” The area of service deficiency within which a new facility is proposed to address the network deficiency.
.0312 “Stealth Facility.” A wireless communication facility that is disguised to appear as a natural object including a monopalm, monopine, flag pole or ball field light or part of an existing man-made object or structure, which is designed to blend into the surrounding environment or which is concealed within or architecturally integrated into a building or other concealing structure.
.0313 “Wireless Communication Facility.” A facility consisting of any commercial antenna and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. “Wireless communication facility” does not include any radio or television facility that is exempt from local regulation pursuant to state or federal law. (Ord. 6031 § 25; August 22, 2006.)
.040 Locational 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 co-location.
.0402 Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co-location 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.
.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. (Ord. 5944 § 16; September 28, 2004.)
.0407 The only wireless communications facilities allowed in single-family residential zones is sports field lighting located on publicly owned parks or golf courses.
.0408 A wireless communications facility shall not be permitted on property with a transitional zone designation where the existing use is single-family or multiple-family.
.0409 Ground-mounted wireless communications facilities shall not be permitted in any zone, except for stealth facilities as defined in subsection .030, above.
.050 Design Standards.
.0501 All wireless communication facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The shortest, smallest and least visible antennas possible shall be used to accomplish the coverage objectives.
.0502 All screening used in connection with a building-mounted wireless communication facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.
.0503 Facilities/antennas shall be integrated, to the extent practical, into existing or newly developed facilities that are functional for other purposes.
.0504 Antennas and other parts of wireless communication facilities shall be of non-reflective, glare reducing materials. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.
.0505 Lightning arresters and beacon lights shall not be included in the design of wireless communication facilities unless required by the Federal Aviation Administration (FAA). Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles.
.0506 Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
.0507 Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view.
.0508 Accessory support facilities, such as electrical cabinets and equipment rooms, shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing parking lot, or on the rooftop of the existing building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping and similar treatments. Any trees removed within landscaped areas shall be replaced and landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the facility as approved by the Planning Director.
.0509 All wireless communication facilities shall be designed so as to minimize, and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities which would result in hazardous conditions, visual blight, or attractive nuisances.
.0510 No chain link fence is permitted in association with any wireless communication facility except in industrial zones where the fence is not visible to the public right-of-way or adjacent non-industrial zone.
.0511 The height of the wireless communication facility shall not exceed the height limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional use permit; provided, however, that in the “(SC)” Overlay Zone the height of a stealth facility may exceed the height limit up to a maximum of ten percent (10%) without a conditional use permit. The following findings shall be adopted when approving a conditional use permit that increases the allowable height:
.01 Review alternative shall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives;
.02 Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and
.03 Any negative impacts of the proposed facility are properly mitigated. (Ord. 6031 § 26; August 22, 2006.)
.0512 Any proposed monopalm, monopine, monoeucalyptus, or other similar faux tree shall be designed to blend into the surrounding environment by the presence of other palm trees or pine trees. There shall be a minimum of three (3) live trees provided in close proximity to the antenna. Trees shall be a minimum thirty-six inch box in size or a minimum of 18 to 20 feet in brown trunk height at the time of planting. A site/landscaping plan shall be provided showing the specific placement of existing structures, trees, and other significant site features; and indicating type and locations of plant materials proposed to be used to screen wireless communication facility components and the proposed color(s), and types of material proposed for the wireless communication facility.
.060 Operational Standards.
.0601 General. All wireless communication facilities shall be erected, located, operated and maintained at all times in compliance with this section and all applicable City, State or Federal laws and regulations.
.0602 Radio Frequency Emissions Compliance. All wireless communication facilities shall comply with the federal requirements relating to radio frequency emissions and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093, as those sections may be amended from time to time.
.070 Application Submittal Requirements. In addition to other application submittal requirements that are imposed by this title, the following shall be submitted with any application for a telecommunications antenna review permit
.0701 Photo simulations accompanied by a map indicating the location from which each image was taken.
.0702 A site and landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and location of plants proposed to be used to screen wireless communication facility components, and the proposed color(s) for the wireless communication facility.
.0703 Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of-way encroachments or easements.
.0704 Plans showing the search ring for the proposed facility.
.0705 Plans showing how vehicle access will be provided.
.0706 A description of services proposed to be offered in conjunction with the proposed facility.
.0707 A justification study indicating the rationale for selection of the proposed site, in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant’s master plan, which indicates the proposed site in relation to the provider’s existing and proposed network of sites within the City and surrounding areas, including a map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter or expand the facility.
.0708 A co-location study examining the potential for co-location at an existing site. A good faith effort in achieving co-location shall be required of all applicants. Applicants who propose facilities that are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
.0709 At the discretion of the Planning Director, the applicant may be required to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices, or alternate (more suitable) locations. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not be disclosed to any third party without the express consent of the applicant.
.080 Application Processing. Applications requiring a telecommunications antenna review permit shall be processed in accordance with Chapter 18.62 (Administrative Reviews).
.090 Conditions of Approval. All facilities permitted by a telecommunications antenna review permit shall be subject to the following conditions of approval.
.0901 That the telecommunications facility shall be limited to the design as specifically identified on the approved plan. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Deputy Director of Planning and Building of the Planning and Building Department and/or his or her designee.
.0902 That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
.0903 That no signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building.
.0904 That all equipment, including supply cabinets and power meter shall be screened from public view as required by the Community Services Department (if located on a municipally-owned park or golf course) and the Planning Department. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order to screen any wall associated with the facility and prevent graffiti.
.0905 That all final plans for this telecommunication facility including the antennas and ground-mounted equipment enclosure shall be reviewed and approved by the Community Services Department (if located on a municipally-owned park or golf course).
.0906 That the telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes.
.0907 That the telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours.
.0908 That the telecommunications equipment operator shall provide a single point of contact in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Services Division.
.0909 That the telecommunications equipment operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit.
.100 Removal.
.1001 Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after a provider is no longer using a facility/site, except as otherwise provided by law. A wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The wireless communication provider shall send to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
.1002 All facilities determined to be abandoned and not removed within the required three (3)-month period from the date of notice shall be in violation of this section, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. The City may remove all abandoned facilities following the three (3)-month removal period at the operator’s expense. Facilities removed by the City shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the City, or otherwise as permitted by law.
.110 Nonconformities. Wireless communication facilities shall comply with the provisions of Chapter 18.56
(Nonconformities). (Ord. 5920 1 (part); June 8, 2004: Ord. 6007 § 13; November 11, 2005: Ord. 6101 § 26; April 22, 2008: Ord. 6382 § 4; October 18, 2016: Ord. 6473 § 24; December 3, 2019: Ord. 6555 § 34; April 4, 2023: Ord. 6601 § 16; January 14, 2025.)
.010 Any person, firm, corporation, or other entity proposing to operate an Automotive-Sales Agency Office (Retail) shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. Any person, firm, corporation or other entity proposing to operate an Automotive–Sales Agency Office (Wholesale) that stores, displays or parks any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located shall first obtain a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions.
.0101 No flags or banners are permitted on a used motor vehicle offered for sale to a consumer, except for the display of a window sticker called the "Buyer's Guide" in compliance with the Federal Trade Commission's Trade Regulation Rule Concerning the Sale of Used Motor Vehicles (Part 455 of Title 16 of the Code of Federal Regulations).
.0102 Vehicular servicing, repair, detailing, rental and washing are not permitted in conjunction with an Automotive–Sales Agency Office.
.0103 The storage, display or parking of automobiles beyond the on-site display space authorized under the minor conditional use permit or the conditional use permit is prohibited. No person, firm, corporation, or other entity engaged in conducting or carrying on the business of an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) which is subject to this section shall store, display or park for such purposes any motor vehicle in his/her/its possession or under his/her/its control upon any public street or highway; provided, however, that the prohibition contained in this sentence shall not apply to any motor vehicle registered in the name of such person, firm, corporation, or other entity or to any motor vehicle for which an application and fee for registration in the name of such person, firm, corporation, or other entity has been filed with the California Department of Motor Vehicles as long as the motor vehicle is not for sale by the owner of the business.
.020 Prohibited Uses. Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located, are prohibited within industrial zones that do not allow offices as a permitted primary use, unless a conditional use permit is obtained in compliance with Chapter 18.66.
.030 Continuance of Nonconforming Rights.
.0301 Purpose. It is the purpose and object of this subsection to establish a review process for the maintenance and operation of Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located. Because of changes in the City’s Zoning Code, such Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that were established in compliance with applicable regulations at the time of their development no longer comply with existing regulations.
.031 General Rules for Previously Conforming Uses. The following general rules apply to all Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale), defined in Subsection .010 of this Section 18.38.065, existing as of October 4, 2013:
(i) Said uses must have been established in compliance with all permit requirements and must have been lawful until a change in the applicable regulations of the Zoning Code made the use non-conforming.
(ii) The property owner or person asserting rights for said use has the burden to provide the Planning Director with sufficient documentation to establish the existence of the previously conforming use.
(iii) Said use that complies with the provisions of this Section may continue to exist and operate for the amortization period specified herein below.
.032 Abandonment of Previously Conforming Uses.
(i) An Automotive-Sales Agency Office (Retail) and an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, may continue to operate or may resume operations if discontinued for a period of less than sixty (60) consecutive days.
(ii) It is unlawful to reinstate any Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, after the use has been discontinued for a period of sixty (60) consecutive days. Discontinuance of the use for a period of sixty (60) days or more creates a presumption in favor of abandonment, against which the owner or person asserting rights to the continued use may offer evidence.
(iii) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is discontinued temporarily while repairs, remodeling, or major alterations of the structure in which the use is located are under construction, maintenance of an active construction permit and continuance of the Business License constitutes conclusive evidence that the use has not been abandoned during the construction.
.033 Amortization Period.
(i) An Automotive–Sales Agency Office (Retail) and an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, existing on October 4, 2013 may be continued, as specified below:
(2) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is subject to a written lease, entered into prior to October 4, 2013, then an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) may continue until no later than July 1, 2015; or
(3) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond July 1, 2015 is necessary to prevent undue financial hardship, then it may be continued until July 1, 2016.
(ii) To apply for an extension of time, an applicant shall file an application with the Planning Director, on a form provided by the Planning Department, identifying the present location of the Automotive–Sales Agency Office (Retail) or the Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, and accompanied by data supporting the extension request and any fee provided for by resolution of the City Council. An extension shall be approved if it meets the requirements of subparagraph (i), above.
(1) a decision shall be made within thirty (30) days from the date of filing. This time limit may be extended by mutual written consent of the applicant and the Planning Director.
(2) An appeal from the determination of the Planning Director on whether a proposed exception meets the requirements of subparagraph (i) may be taken to the Planning Commission in the same manner as prescribed in Section 18.60.135. The Planning Commission’s decision shall be final.
(3) If the Planning Director or, upon appeal, the Planning Commission disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements of subparagraph (i), above.
(Ord. 6101 § 27; April 22, 2008: Ord. 6286 § 17; September 3, 2013: Ord. 6351 § 20; December 15, 2015: Ord. 6432 § 29; April 10, 2018.)
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