Resolution-PC 2015-046 RESOLUTION NO. PC2015-046
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2015-05795 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00039)
(4225 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2015-
05795 to pen-nit a 60-foot high, ground-mounted Wireless Communications Facility designed as a
palm tree at an industrial property (herein referred to as the "Proposed Project") located at 4225
East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property, consisting of approximately 3.9 acres, is developed with an
industrial building. The Anaheim General Plan designates the property for Industrial land uses.
The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast
Area Specific Plan Area and is subject to the zoning and development standards of Chapter
18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of
the Anaheim Municipal Code (the "Code"). The underlying base zone for the Property is the "I"
(Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Code apply to the Property and supersede any inconsistent regulations of the "I" (Industrial)
Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18
(Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property and the Proposed
Project are subject to the zoning and development standards described in Chapter 18.120
(Northeast Area Specific Plan 94-1 (SP 94-1) Zoning and Development Standards) of the Code;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 29, 2015 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against said proposed
Conditional Use Pen-nit No. 2015-05795, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of
California Guidelines for Implementation of the California Environmental Quality Act
(commencing with Section 15000 of Title 14 of the California Code of Regulations; herein
referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the
City is the "lead agency" for the preparation and consideration of environmental documents for
the Proposed Project; and
PC2015-046
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 11 —
Accessory Structures) which consist of the construction, or placement of minor structures
accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that,
therefore, pursuant to Section 15311 of the CEQA Guidelines, the Proposed Project will not
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2015-05795, does find
and determine the following facts:
1. The request to permit a 60-foot high ground-mounted Wireless Communications
Facility designed as a palm tree in the Expanded Industrial Area (Development Area 2) of the
Northeast Area Specific Plan Area is an allowable use under paragraph .0512 of Subsection .050
of Section 18.120.070 (Land Use and Development Standards — Expanded Industrial Area
(Development Area 2)) subject to a conditional use permit and the placement, design and
screening criteria set forth in paragraph .0511 of Subsection .050 (Design Standards) of Section
18.38.060 (Antennas—Telecommunications) of the Code.
2. The request to permit a 60-foot high ground-mounted Wireless Communications
Facility designed as a palm tree will not adversely affect the surrounding land uses and the
growth and development of the area in which it is proposed to be located because the Proposed
Project will be located in an area of the Property containing other trees that are similar in height;
and
3. The size and shape of the site for the proposed 60-foot high Wireless
Communications Facility designed as a palm tree is adequate to allow the fall development of
the proposed use, in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the telecommunications facility without creating detrimental
effects on adjacent properties.
4. The traffic generated by the Proposed Project will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because no traffic
will be generated by this unmanned telecommunications facility; and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed
Project will be compatible with surrounding land uses.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
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declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05795, contingent upon and subject to the conditions
of approval described in Exhibit B attached hereto and. incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this pen-nit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 29, 2015. 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 appeal.
1 9 11
QqN,kRMAN, PLA NG COMMISSION
I
OF THE CITY OF ZIHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on June 29, 2015, by the following vote of the
members thereof.
AYES: COMMISSIONERS. AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set any hand this 291h day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV ® 2015-00039
346-051-04
E MIRALOMA AVE
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350'
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ao
co
co
350'
LA PALMA AVE
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ua
1 ur MEM Source: Recorded Tract Maps and/or City GIS.
Fee? Please note the accuracy is+/-two to five feet.
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EXHIBIT cc 's
CONDITIONAL USE PERMIT NO. 2015-05795
(DEV2015®00039)
RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
PEA TIONA4,CONDITIONS
I The portion of the property being leased to the Planning Department,
telecommunication provider shall be permanently maintained Code Enforcement
in an orderly fashion by providing regular landscape Division
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24)hours from time of occurrence.
2 The ground-mounted Wireless Communications Facility Planning Department,
designed as a palm tree shall not exceed 60 feet in height. Planning Services
Division
3 The equipment enclosure shall be painted to match the existing Planning Department,
industrial building. Planning Services
Division
4 Clinging vines shall be planted and maintained on the Planning Department,
equipment enclosure. Planning Services
Division
5 No signage, flags, banners or any other form of advertising shall Planning Department,
be attached to the antennas, the transmission tower structure or Code Enforcement
the accessory equipment building. Division
6 The Wireless Communications Facility equipment operator shall Police Department
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. The Wireless
Communications Facility equipment operator shall resolve all
interference complaints within twenty-four(24) hours.
GENERAL
7 The Wireless Communications Facility shall be developed Planning Department,
substantially in accordance with plans and specifications Planning Services
submitted to the City of Anaheim by the petitioner and which Division
plans are on file with the Planning Department, and as
conditioned herein. No additional antennas or equipment
cabinets shall be permitted without the approval of the
Planning Director of the Planning Department and/or his or
her designee.
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL DEPARTMENT
8 The Applicant shall defend, indemnify, and hold harmless the Planning Department,
City and its officials, officers, employees and agents Planning Services
(collectively referred to individually and collectively as Division
"Indemnitees") from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to detennine the reasonableness, legality or validity of any
condition attached thereto. The Applicant's indemnification is
intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and
costs of suit, claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
9 The applicant is responsible for paying all charges related to the Planning Department,
processing of this discretionary case application within 30 days Planning Services
of the issuance of the final invoice or prior to the issuance of Division
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval
of this application.
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