Resolution-PC 2002-116~ ~
RESOLUTION NO. PC2002-116
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04572 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 4 AS PER MAP FILED IN BOOK 125 PAGES 32 THROUGH 35 INCLUSIVE
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 29, 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,
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fo hear and consider evid~ncefor anct against said-proposed sonditio~a ~sa-permit_an _to ~nvestiga e _
and make findings and recommendations in connection therewith; 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 proposal to establish land use conformity with Zoning Code land use
requirements for an existing non-conforming telecommunications monopole and accessory ground-
mounted equipment, and to permit the co-location of additional telecommunication antennas and ground-
mounted equipment, is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.61.050.460.
2. That the existing plus the proposed telecommunications facilities are located in the ML
(Limited Industrial) Zone and will not adversely affect the adjoining land uses and the growth and
development of the area in which the uses are located; and that the ante~~as w91! be painted to match
the exis#ing rnonopole.
3. That the size and shape of the site is adequate to allow full development of the proposed
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare;
and that the site currently contains a monopole which allows for co-location of telecommunications facilities
without constructing separate facilities, thereby minimizing any impacts to the surroundings.
4. That the proposed use will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area because this is an unmanned facility with infrequent
maintenance.
5. That granting this conditional use permit, under the conditions imposed, wilt not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim and
further contributes to an essential and effective wireless communication nefinrork system; and that the
proposal will contribute to an essential and effective wireless communication network system.
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6. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the proposed co-location of an additional telecommunications facilitv with an existing
telecommunication tower with existing accessory ground-mounted equipment shall be permitted for
a period of five (5) years from the date of this resolution, to July 29, 2007.
2. That the existing telecommunications facility shall be limited to sixty (60) feet in height with three (3)
sectors consisting of four (4) panel antennas per sector with maximum dimensions of four (4) feet in
length and eight (8) inches in width, and a four (4) foot diameter microwave dish and accessory
ground-mounted equipment. Said information shall be specifically shown on the plans submitted for
building permits.
3. That the proposed co-located telecommunication facility shall be limited to forty finro and one-half
(42.5)-feet in-hePgFit on the-exis~ing r~tonopole witk~#hcee-(3-) sectors-consisting of_one (1) flush-
mounted antenna per sector with maximum dimensions of six (6) feet long, six (6) inches wide, and
two (2) inches deep, and accessory ground-mounted equipment. Said information shall be
specifically shown on the plans submitted for building permits. No additional antennas or equipment
cabinets shall be permitted without the prior approval of the Planning Commission.
4. That the height of the monopole shall not exceed the height of the attached existing antenna arrays.
If the arrays are lowered, the monopole height shall be reduced to correspond to the height of the
arrays.
5. That all antennas shall be finished and painted to match the existing monopole structure. Said
information shall be specifically shown on the plans submitted for building permits.
6. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the monopole structure.
7. That the landscaping shall be maintained in conformance with the approved exhibits, and the
irrigation system shall be maintained in compliance with City standards.
8. That the entire equipment enclosure shall consist of a solid decorative block wall. Minimum five (5)
gallon sized vines shall be planted along the faces of the enclosure walls which are visible to Santa
Cruz Street and Stanford Court. Permanent irrigation facilities shall be provided for ail landscaping.
Said information shall be specifically shown on plans submitted for building permits.
9. That the cable connecting the equipment shall be underground and shall not be visible to the public;
and that the cable run on the monopole shall be painted to match the color of the monopole. The
ground-mounted equipment shall be painted to match the adjacent block wall, and said information
shall be specifically shown on the plans submitted for building permits.
10. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal
of trash and debris, and removal of graffiti within finrenty four (24) hours from time of occurrence.
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11. That the Operator shall ensure that its 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.
12. That at all times, other than during the twenty four (24) hour cure period addressed in Condition No.
14, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on City's eight hundred (800) MHz radio frequency.
13. That before activating its facility, the Operator shall submit to a post-installation test to confirm that
the facility does not interfere with the City of Anaheim's public safety radio equipment. This test will
be conducted by the Communications Division of the Orange County Sheriff s Department or a
Division-approved contractor at the expense of Operator.
14. That the Operator shall provide a twenty four (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 shall resolve alt interference complaints within twenty four (24) hours.
15. That the Operator shall provide a"single point of contact" 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 City's designated representative.
16. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with the terms and conditions of this conditional use permit.
17. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be
notified within one (1) month from the close of escrow.
18. That all equipment, including supply cabinets and power meter, shall be installed on private property
and shall be screened from public view, as reviewed and approved by the Zoning Division. Said
information shall be specifically shown on the plans submitted for building permits.
19. That plans shall be submitted to the Public Works Department, Streets and Sanitation Division, for
approval of trash storage area(s). Trash storage area(s) shall be refurbished and maintained in
location(s) acceptable to the Public Works Department and in accordance with approved plans on
file with said Department.
20. That 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 N'os. 1, 2, 3, 4 and 5, and as conditioned herein.
21. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 5, 8, 9, 11, 14, 15, 18 and 19,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
22. That prior to final building and zoning inspections, Condition Nos. 13 and 20, above-mentioned, shall
be complied with.
23. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai 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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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was ado at the Planning Commission meeting of
July 29, 2002.
C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
-- ce~tfy ~ha4 ~kte #oFegoing resol~tio~-was passed-arnd-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
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: VANDERBILT, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~2 ~ day of
v -~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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