Resolution-PC 2005-125• .
RESOLUTION NO. PC2005-125
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL AMEND VARIOUS CHAPTERS OF
TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CLARIFICATION,
PROCESSES AND DEFINITIONS REGARDING TELECOMMUNICATION FACILITIES
(ZONING CODE AMENDMENT NO. 2005-00040)
WHEREAS, the Zoning Code was originally adopted in 1929 and has been Updated a number
of times over the years; and
WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code,
provisions of Title 18 may be amended whenever the public necessity and convenience and the general
welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and
WHEREAS, in 2003, the Mayor directed the Community Services Department to assess
the feasibility of working w.ith telecommunication providers to establish facilities on City-owned parks to
generate income to off-set park operating and maintenance costs.; and
WHEREAS, in August 2004, the Community Services Department`initiated the
development of a standardized lease agreement that would be used'City-wide for any telecommunications
provider proposing to establish a telecommunication facility on a City-owned park or other facility operated
by the Community Services Department.; and
WHEREAS, in May 2004, the Planning Commission approved a policy interpretation
request pertaining to building-mounted telecommunication facilities within the SC (Scenic Corridor) Overlay
Zone to determine that telecommunication facilities located on athletic field lights in conjunction with a
recreation facility (public park or community center) be considered "building-mounted"; and
WHEREAS, the Zoning Code implements the General Plan; and
WHEREAS, the Planning Commission makes recommendations to the City Council
regarding Zoning Code Amendments; and
WHEREAS, Zoning Code Amendment No. 2005-00040 is a request for Planning
Commission to recommend to the City Council adoption of amendments to Title 18, Chapters 18.04
(Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones),
18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones) 18.18 (Scenic Corridor Overlay Zone)
and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code, pertaining to fhe establishment of
building and ground-mounted telecommunication facilities on public recreational facilities (parks and golf
courses) within the Scenic Corridor Overlay, Open Space and Residential zones, to clarify the definition of
certain types of telecommunication facilities, and to add standard conditions of approval to the
Telecommunication Antenna Review Permit process, which amendments are attached hereto as
attachments 1-7 to this Resolution, and which is incorporated herein by this reference as if set forth in full;
which said attachments will be incorporated into a draft resolution for consideration by the City Council
following a recommendation by the Planning Commission
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City ofiAnaheim on September 07, 2005, at 2:30 p.m., notice of said public hearing having been duty
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 (Procedures), to hear and consider evidence for and against the Zoning Code Amendment no. 2004-
00040 and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, having reviewed and considered the amendments to
. Chapters 18:04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08
(Commercial Zones), 18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones) 18.18 (Scenic
Cr\PC2005-125 -1- PC2005-125
• •
Corridor Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code {Zoning Code
Amendment Na 2005-00040), has determined that the public necessity and convenience and the general
welfare require its amendment based upon the following findings
1. That the proposed changes included in the Code Amendment are a result of a
- comprehensive review of the standards and processes applicable to telecommunication'facilities
throughout the City {within all zones), and such changes would result in a more consistent application of
standards throughout the City, and make the Code more understandable and "user friendly' in both format
and wording.'' :
2. That the proposed Code Amendment would also create more opportunities for the '
establishment of telecommunication facilities within the City, while maintaining a critical emphasis on the
design and location criteria within the entitlement process for each facility, including facilities on publicly-
owned parks and golf courses.
3. That the proposed Code Amendments reflect clarifications and refinements to reflect
development factors and design trends that have been identified since the adoption of the Comprehensive
Zoning Code update in June, 2004.
4. That the proposed Code Amendment would implement the Mayor's direction to explore
opportunities for constructing telecommunication facilities on City-owned parks and golf courses thereby
providing revenues to assist in the operation and maintenance of park facilities.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend Title 18, Chapters 18.04 (Single-Family Residential
Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones),
18.14 (Public and Special Purpose Zones) 18.18 (Scenic Corridor Overlay Zone) and Chapter 18.38
(Supplemental Use Regulations) of the Zoning Code (Zoning Code Amendment No. 2005-00040),
pertaining to the establishment of building and ground-mounted telecommunication facilities orr public
recreational facilities (parks and golf courses) within the Scenic Corridor Overlay, Open Space and
Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add -
standard conditions of approval to the Telecommunication Antenna Review Permit process; and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of #he lead agency and that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the projecf will have a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby recommend that an ordinance be prepared reflecting the proposed amendments to Title 18,
Chapters 18.04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08
(Commercial Zones), 18.10 (Industrial Zones), 18.14 (Public and Special Purpose Zones)18.18 (Scenic
Corridor Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Zoning Code (Zoning
Code Amendment No. 2005-00040), pertaining to fhe establishment of bui(ding and ground-mounted
telecommunication facilities on public recreational facilities (parks and golf courses) within the Scenic
Corridor Overlay, Open Space and Residential zones, to clarify the definition of certain types of
telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna
Review Permit process, and that the City Council approve said Ordinance.
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PC2005-125
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THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September T, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an aooeal_
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY-0F ORANGE ) ss.
CITY OF ANAHEIM )
_ I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission; do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
j I~N WITNESS WHEREOF, I have hereunto set my hand this ~`~ day of
b,~iz._ , 2005.
,1~..~a.~.e-c.~ /vd ~~-'1~
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION