Resolution-PC 2015-072RESOLUTION NO. PC2015-072
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2015-05817 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00073)
(5800 EAST SANTA ANA CANYON ROAD)
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-
05817 to permit a 51 -foot high, ground -mounted Wireless Communications Facility designed as a
bell tower at a church (herein referred to as the "Proposed Project") located at 5800 East Santa
Ana Canyon Road 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 6.2 acres, is developed with a
church. The Anaheim General Plan designates the property for Low Density Residential land
uses. The Property is located in the "T" Transition Zone and is subject to the zoning and
development standards of Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim
Municipal Code (the "Code"). 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 "T" Transition 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
18.14 (Public and Special Purpose Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 21, 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 Permit No. 2015-05817, 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
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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. 2015-05817, does find
and determine the following facts:
1. The request to permit a 51 -foot high ground -mounted Wireless Communications
Facility designed as a church bell tower in the "T" Transition Zone is an allowable use under
Section 18.14.030 (Uses) of the Code 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 51 -foot high ground -mounted Wireless Communications
Facility designed as a church bell tower 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 an identical bell tower that
is similar in height; and
3. The size and shape of the site for the proposed 51 -foot high Wireless
Communications Facility designed as a church bell tower is adequate to allow the full
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.
6. Alternatives locations were provided to staff, including but not limited to additional
and/or different locations and designs, and it 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;
7. 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
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8. Any negative impacts of the proposed facility are properly mitigated since the bell
tower would be designed to look similar to the existing bell tower.
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
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 by the Planning Commission, for the
reasons stated herein above, that Conditional Use Permit No. 2015-05817 is hereby approved,
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 permit 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 21, 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 September 21, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of September, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00073
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O o so ioo Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05817
(DEV2015-00073)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
The portion of the property being leased to the
Planning & Building
telecommunication provider shall be permanently maintained
Department,
in an orderly fashion by providing regular landscape
Code Enforcement
maintenance, removal of trash or debris, and removal of graffiti
Division
within twenty-four (24) hours from time of occurrence.
2
The ground -mounted Wireless Communications Facility
Planning & Building
designed as a church bell tower shall not exceed 51 feet in
Department,
height.
Planning Services
Division
3
The wood fence screening the equipment shall be painted to
Planning & Building
match the existing church.
Department,
Planning Services
Division
4
Clinging vines shall be planted and maintained on the wood
Planning & Building
fence equipment enclosure.
Department,
Planning Services
Division
5
No signage, flags, banners or any other form of advertising shall
Planning & Building
be attached to the antennas, the transmission tower structure or
Department,
the accessory equipment building.
Code Enforcement
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
7
The Wireless Communications Facility shall be developed
Planning & Building
substantially in accordance with plans and specifications
Department,
submitted to the City of Anaheim by the petitioner and which
Planning Services
plans are on file with the Planning Department, and as
Division
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.
8
The Applicant shall defend, indemnify, and hold harmless the
Planning & Building
City and its officials, officers, employees and agents
Department,
(collectively referred to individually and collectively as
"Indemnitees")
Planning Services
from any and all claims, actions or
Division
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 determine 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 & Building
processing of this discretionary case application within 30 days
Department,
of the issuance of the final invoice or prior to the issuance of
Planning Services
building permits for this project, whichever occurs first. Failure
Division
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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