Chapter 18.90 — GENERAL PROVISIONS

The purpose of this chapter is to prescribe certain general provisions related to the interpretation of, and special provisions for, this title. (Ord. 5920 § 1 (part); June 8, 2004.)

.010 Provisions as Minimum. In interpreting and applying the provisions of this title, the provisions shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare.

.020 Conflicting Provisions. Where provisions of this title conflict, the most stringent standard shall apply unless otherwise specified. Where provisions of this title conflict with provisions of law, which are determined to preempt and supercede the City's authority, pursuant to its Charter, to make and enforce all laws and regulations in respect to municipal affairs, the provisions which preempt and supercede this title shall apply.

.030 Impact Upon Private Agreements. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this title imposes a greater restriction upon the use of buildings or land, or upon the development standards of buildings or other structures, than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall control. (Ord. 5920 § 1 (part); June 8, 2004.)

.010 Required Approvals. No premises or land shall be occupied or used, nor shall any buildings or structures be erected, altered or used, until the occupant, owner, tenant or user of the land, building or structure has applied for and obtained all appropriate approvals required by this title.

.020 Authority. All departments, officials or public employees vested with the duty or authority to issue permits or licenses, where required by law, shall conform to the provisions of this title. No such license or permit for uses, buildings or purposes, where the same would be in conflict with the provisions of this title, shall be issued. Any such license or permit, if issued in conflict with the provisions herein, shall be null and void.

.030 Compliance with Regulations. Except as hereinafter provided, no building shall be erected, maintained, allowed, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the same zone in which such building or land is located. The regulations hereby established and pertaining to each zone are as specified under each section defining each such zone. .040 Application to City. The provisions of this title shall not apply to or limit the City of Anaheim, whether the City acts in a

governmental or in a proprietary capacity.

.050 Applicability of Former Code. Any reference to code sections within conditions of approval, or other planning and zoning entitlements approved by the City, that were made prior to the adoption of this code shall continue to apply as may be modified in this title. In the event of a substantial deviation, the Planning Director shall have the authority to determine the applicability. (Ord. 5920 § 1 (part); June 8, 2004.)

The location and boundaries of the various zones are shown and delineated on the Zoning Map of the City of Anaheim, which map is on file in the Planning Department of the City of Anaheim, and is incorporated herein by this reference, as the same may be amended from time to time by ordinance. The Zoning Map may, for convenience, be divided into separate parts, and each such part may, for purposes of identification, be subdivided into separate sections. (Ord. 5920 § 1 (part); June 8, 2004.)

Where uncertainty exists as to the boundaries of any zone shown upon the Zoning Map, the following rules shall apply: .010 Following Existing Features. Where the boundaries are indicated as approximately following street, alley or legal lot lines, such lines shall be construed to be the zone boundaries. Any portion of a property that is used for a private street shall have the same zoning as the entire parcel.

.020 Division of a Lot. In the case of unsubdivided property and where a zone boundary divides a lot, the location of such boundaries, unless they are indicated by dimensions, shall be determined by use of the scale appearing on the Zoning Map.

.030 Vacation of Street or Alley. Where a public street or alley is officially vacated or abandoned, the area comprising the vacated street or alley shall acquire the classification of the property to which they revert. If a vacation results in an independent lot, such lot shall acquire the zoning of the adjacent property.

.040 Property Without Zoning. If a property is not designated in any zone on the Zoning Map, it shall be deemed to be in the "T" (Transition) Zone described in Chapter 18.14 (Public and Special-Purpose Zones). (Ord. 5920 § 1 (part); June 8, 2004.)

If any use is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with reference to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and set forth its findings and reasons. If the Planning Commission determines that it is appropriate to resolve the uncertainty by amending the Zoning Code, such recommendation shall be treated the same as a recommendation for a Zoning Code amendment as set forth in Section 18.76.050 of Chapter 18.76 (Zoning Amendments). (Ord. 5920 § 1 (part); June 8, 2004.)

The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines, electric lines, or telephone or fiber-optic lines, when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and within the rights-of-way, easements, franchises or ownerships of such public utilities. The provisions of this title, however, do apply to telecommunications facilities and antennas. (Ord. 5920 § 1 (part); June 8, 2004.)

If any section, subsection, sentence, clause, phrase or portion of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The City Council hereby declares that it would have adopted this title, and each chapter, section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 5920 § 1 (part); June 8, 2004.)

.010 Any court action or proceeding to attack, review, set aside, void or annul any decision concerning any zoning ordinance, amendment, reclassification, general plan amendment, conditional use permit, variance or other decision made pursuant to any provision of this title, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person, unless such action or proceeding is commenced within ninety (90) days after the date of such decision. Thereafter all persons are barred from any such action or proceeding, or any defense of invalidity or unreasonableness of any such decision or of such proceedings, acts or determinations. .020 Prompt Judicial Review. Notwithstanding anything in this section to the contrary, an action or proceeding to review the issuance, revocation, suspension or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with the provisions of Section 1094.8 of the Code of Civil Procedure. (Ord. 5920 § 1 (part); June 8, 2004.)

New zones are established for the City as of the effective date of this section, or upon adoption of subsequent ordinances replacing existing zones with new zones. In order to provide a smooth transition from the former zones to the current or new zones, the relationship of the former to the new zones is shown in Table 90-A (Zone Correspondence).

Table 90-A

ZONE CORRESPONDENCE

Table 90-A

(Ord. 5920 1 (part); June 8, 2004: Ord. 5944 29; September 28, 2004: Ord. 5948 7; November 9, 2004: Ord. 5998 §§ 56, 57; October 25, 2005: Ord. 6358 § 6; February 9, 2016.)

.010 Site Plan Review. In order to promote continued quality development in Anaheim, and to safeguard and enhance both potential and established community values through the encouragement of compatible developments, all building and site plans shall be subject to review by the Building Division of the Planning Department of the City. Where a question arises as to the administration of specific sections of the Anaheim Municipal Code, the Planning Commission shall hear the matter at its next regular meeting. Appeals from the decision of the City Planning Commission shall be to the City Council, in written form, stating the reasons for the appeal.

.015 Standard Conditions of Approval. In order to ensure that site-specific environmental impacts are appropriately addressed,

compliance with the master list of Standard Conditions of Approval shall apply to all future development projects in the City, or it shall be demonstrated why certain Standard Conditions of Approval are not applicable subject to the review and approval of the Planning and Building Director. The master list of Standard Conditions of Approval is on file with the Planning and Building Department as Planning Standard Detail No. 11.

.020 Fees. The provisions of Chapter 18.80 (Fees) shall be complied with prior to the issuance of building permits or occupancy permits. .030 Building Permits. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the zones described in this title, a permit for each separate building and/or structure shall be secured from the Building Official of the City of Anaheim, by the owner or the owner's agent for the work. It shall be unlawful to commence work until and unless these permits have been obtained, or to maintain any construction, alteration or addition to any building or structure which was done without a permit. Any buildings erected, constructed, altered or to which additions are made shall comply with all of the provisions of the Uniform Building Code of the City of Anaheim. (Ord. 5944 30; September 28, 2004.)

.040 Occupancy Permits. The Building Official shall not grant final release or issue a final certificate of occupancy to any structure constructed upon any lot or parcel of property subject to the provisions of this title until he or she has verification from all appropriate City departments that all provisions of Section 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards) have been complied with. The Engineering Division shall verify compliance with provisions for dedications and improvements of rights-ofway, utility easements and street trees in subdivisions, and the Utilities Department shall verify compliance with provisions for street lighting and utilities. (Ord. 5920 1 (part); June 8, 2004: Ord. 6609 § 35; May 13, 2025.)

.010 Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.370 (Violations of Code–Penalty) of Chapter 1.01 (Code Adoption and Construction). Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day, during any portion of which, any violation of these provisions is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

.020 In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this title shall be deemed a public nuisance, and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 5920 § 1 (part); June 8, 2004.)