Resolution-PC 2002-126~
RESOLUTION NO. PC2002-126
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04576 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:
PARCEL A: THOSE PORTIONS OF PARCELS 2, 3 AND 4 OF PARCEL MAP
NO. 84-230, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 196, PAGES 33, 34
AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 2, lN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT
NO. 149", RECORDED SEPTEMBER 30, 1986, AS INSTRUMENT NO. 86-455516
OF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 12, 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_Q3,_to hear and consider evideoce for and against said pro_ pos_ed_conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued to the August 26, 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
Anaheim Municipal Code Sections 18.44.050.330, 18.84.061 and 18.84.062.030.032 to wit: to permit a
roof-mounted telecommunications antenna and accessory roof-mounted equipment in the Scenic Corridor
Zone Overlay.
2. That the proposal, as discussed in paragraphs (7), (8), (9) and (10) of the Staff Report to
the Planning Commission dated August 26, 2002, is a roof-mounted telecommunication facility consisting
of three sectors with four panel antennas per sector and accessory roof-mounted equipment on an
existing 3-story office building in the CL(SC) (Commercial Limited - Scenic Corridor Overlay Zone); that
the panel antennas (with dimensions of 5%2 feet iong, 8 inches wide and 2 inches 4hicic) wiii be rnounted
on the northwest, southwest and northeast corners of a`new' parapet wall at a maximum height of 49
feet; that the accessory equipment, consisting of four base transceiver stations measuring 4'3" wide, 2'S"
deep and 5'10" high, will be completely concealed by the existing parapet wall; and that the antennas
and equipment wili be completeiy concealed in a 3,479 square foot area encfosed by a 13-foot high
parapet wall and roof enclosure.
3. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located;
that the site contains a 3-story o~ce building which allows opportunities for screened telecommunications
facilities on the roof of the building, thereby minimizing impacts to the surroundings; that this proposal
meets the criteria of Code Section 18.84.062.030.032, pertaining to effective visual screening of roof-
mounted equipment, by integrating roof screening devices into the architectural design of the building;
and that the telecommunication antenna and equipment shelter will be screened from adjacent public
rights-of-way and nearby properties by a new parapet wall constructed to match the existing building.
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4. That the traffic generated by 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, will not be
detrimental to the peace, health, safery and general welfare of the citizens of the City of Anaheim; and
that the use contributes to an essential and effective wireless communication network system.
6. 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.
7. 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 proposal to permit a roof-mounted telecommunications antenna
and accessory roof-mounted equipment in the Scenic Corridor Zone Overlay on an irregularly-shaped
3.6-acre property located southeast of the SR-91/Riverside Freeway and Weir Canyon Road, having a
frontage of 170 feet on the northwesterly side of Riverview Drive and a maximum depth of 510 feet, being
located 319 feet north of the centerline of Santa Ana Canyon Road, and further described as 180 North
Riverview Drive; and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
- together witk~~ny EomKn~nts-reEe~ved-.during_tbe.public r_eview 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 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 portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion, including the removal of trash and debris and the removal of graffiti
within twenty four (24) hours from time of occurrence.
2. That the telecommunications facility shall be limited to three (3) sectors consisting of four (4) panel
antennas and accessory roof-mounted equipment consisting of four (4) base transceiver stations.
Said information shal! 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.
3. That the operator of this use (the "Operator") shall ensure that this 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 pubiic safety and related purposes.
4. That at all times, other than during the 24-hour cure period provided in Condition No. 6, below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the city's
800 MHz radio frequency.
5. That prior to activating this 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 shall
be conducted by the Communications Division of the Orange County Sheriff's Department or a
Division-approved contractor, and the Operator shall pay the cost of said test.
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6. That the Operator shall provide a 24-hour telephone number to the Zoning Division of the Anaheim
Planning Department (to be forwarded to the City Fire and Police Departments) to which interference
problems may be reported; and that the Operator shall resolve all interference complaints within 24
hours.
7. That the Operator shall provide the City of Anaheim with 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 city's designated
representative; and if any of that information changes, the Operator shall immediately provide up-
dated information to the city's designated representative.
8. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the faciiity, shall comply with these conditions of approval.
9. That the installer shall obtain a right-of-way construction permit form the Public Works Department
for any work within the public right-of-way, including but not limited to installation of conduit, cable
and electrical service lines.
10. That should this telecommunication facility be sold, the City of Anaheim shall be notified within thirty
(30) days of the close of escrow.
11. That a final colors and materials board depicting the color and texture of the roof-mounted
equipment enclosure shall be submitted to the Zoning Division for review and approval by the
Planning Commission as a"Reports and Recommendations" item. Said enclosure shall be
- continuously maintaioed in_a_"like-nev~' condition_
12. 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, 4 and 5, and as conditioned herein.
13. 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, 6, 7, 9 and 11, 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.
14. That prior to final building and zoning inspections, Condition Nos. 5 and 12, above-mentioned, shalf
be complied with.
15. 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 ofher appiicabie ordinance, reguia4ion or requirement.
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 adopted at the Planning Commission meeting of
August 26, 2002.
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
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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 August 26, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONER: KOOS
ABSENT: COMMISSIONER: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this T~ day of
~ b~r , 2002.
~ ~~tlma,~.~. olca
__ __ __ _ ___ SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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