Resolution-PC 2002-113•
RESOLUTION NO. PC2002-113
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3950, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-100,
ADOPTED THEREWITH
WHEREAS, on July 21, 1997, the Anaheim City Planning Commission, by its Resolution
No. PC97-100, granted Conditional Use Permit No. 3950 to retain and modify a legal nonconforming
cellular telecommunications monopole antenna at 1110 East Orangefair Lane; and that Condition No. 1
of said resolution specifies that the use is approved for a period on 5 years to expire on July 21, 2002;
and
WHEREAS, this property is developed with an industrial building and a 61-foot high
telecommunications monopole and accessory ground-mounted equipment; that the zoning is ML (Limited
Industrial); and that the Land Use Element of the Anaheim General Plan designates the property for
General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the telecommunications monopole and accessory ground-mounted equipment enclosure under
authority of Code Sections 18.03.030 and 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 1, 2002, at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and-against said-proposec~ amendment and-to i~vestigate and make-
findings and recommendations in connection therewith; and that the hearing was continued to the July
29, 2002 Planning Commission meeting; and
WHEREAS, said 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, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposal, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particuiar area nor to the peace, health, safety and general
~velfare.
4. That the traffic generated by the use, as reinstated and amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
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8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the request for amendment to the conditions of approval to amend or
delete the time limitation in order to retain a telecommunications monopole and equipment enclosure on
property consisting of 0.25 acres with a frontage of 60 feet on the south side of Orangefair Lane and a
maximum depth of 178 feet, being located 196 feet west of the centerline of Raymond Avenue, and
further described as 1110 East Orangefair Lane; and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3950 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the decfaration
reflects the independent judgment of the lead agency and that it has considered the previousty approved
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 project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve the telecommunications monopole and equipment enclosure for a period of
five (5) years to expire on July 21, 2007.
AND BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. PC97-100, adopted in connection with Conditional Use Permit No. 3950, to amend
the conditions of approval in their entirety to read as follows:
4~- Tha# tk~is eonditio~~l-use permit-shall expire..on July 21_,.2007. _. . __..
2. That this telecommunications facility shall be limited to a maximum sixty one (61) foot high
telecommunications monopole, with three (3) sectors consisting of four (4) panel antennas per
sector with maximum dimensions of four (4) feet in height by one (1) foot in width on the existing
tower, and an accessory ground-mounted equipment enclosure. No additional antennas shall be
permitted without the prior approval of the Planning Commission.
3. That the monopole structure shall remain painted white to blend with and match the surrounding
structures.
4. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion though the provision of regular landscaping maintenance, removal
of trash or debris, and removal of graffiti within twenty four (24) hours from time of notification.
That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
6. That the height of the monopole shall not exceed the height of the attached antenna arrays at any
time. If the arrays are lowered, the monopole height shall be reduced to correspond to the height of
the antenna arrays.
7. That the cable connecting the equipment shall be underground, or shall be screened or located so
as not to be visible to the public.
8. That the Operator of this use (the "Operator") shall ensure that this installation and choice of
frequencies will not interfere with the eight hundred (800) MHz radio frequencies required by the City
of Anaheim to provide adequate spectrum capacity for public safety and related purposes.
That at all times, other than during the 24-hour cure period provided in Condition No. 11 below, the
Operator shall not prevent the Ciry of Anaheim from having adequate spectrum capacity on the
City's eight hundred (800) MHz radio frequency.
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10. That within one (1) month from the approval date of this resolution, the Operator shall submit to a
test to confirm that the facility does not interFere with the City of Anaheim's public safety radio
equipment, unless otherwise permitted by the Orange County Sheriff s Department. This test will be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division-
approved contractor at the expense of the Operator.
11. That within one (1) month from the approval date of this resolution, the Operator shall provide a 24-
hour telephone number to the Zoning Division (to be forwarded to the Fire and Police Departments)
to which interference problems may be reported; and that the Operator shall resolve all interference
complaints within twenty four (24) hours.
12. That within one (1) month from the approval date of this resolution, the Operator shall provide a
"single point of contacY' 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 Cit~s designated representative.
13. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with these conditions of approval.
14. That if this telecommunication facility is sold, within one (1) month from the close of escrow the
Zoning Division of City of Anaheim Planning Department shall be notified.
15. That all equipment, including supply cabinets and power meter, shall be installed and maintained on
private property and shall be screened from public view, as reviewed and approved by the Zoning
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16. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
17. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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.
July 29, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 29, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN
ABSTAIN: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: VANDERBILT, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2002.
Tracking No. CUP2002-04556
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2002-113