Resolution-PC 2002-157~ ~.
RESOLUTION NO. PC2002-157
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC96-64 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3070,
AND TO PERMIT 65 ADDITIONAL ANTENNAS FOR 10 YEARS UNTIL OCTOBER 7, 2012
WHEREAS, on October 10, 1988, the Anaheim City Planning Commission did, by its
Resolution No. PC88-288, grant Conditional Use Permit No. 3070 to permit a cellular phone transmission
station with a 200-foot high microwave tower, subject to certain conditions of approval including Condition
No. 13 which specified that development be in accordance with "Exhibit No. 1; provided, however, that a
blinking light shall be installed and maintained at the top of the tower for aircraft safety purposes"; and
WHEREAS, on July 8, 1996, the Planning Commission did, by its Resolution No. PC96-64,
amend said Resolution No. PC88-288 to permit additional antennas for a total of 36 antennas on the
existing communications tower; and that Condition No. 13 was amended to specify that development be
in accordance with Revision No. 1 of Exhibit No. 1, and new Condition Nos. 16, 17, 18 and 19 were
added; and
WHEREAS, subject property is developed with a 199-foot high communication tower at 301
North Crescent Way and an industrial building; that the zoning is ML (Limited Industrial); and that the
Anaheim General Plan Land Use Element designates the property for General Industrial land uses; and
WHEREAS, the_petitioner_requested amendment of ~ond4tiona~ Use PeF~it No. 3070 to -
permit additional telecommunications microwave dishes on an existing communications tower; that the
specific proposal is for an additional 60, two-foot diameter, flat panel microwave dishes and five, four-foot
diameter, microwave dishes on the existing 199-foot high triangular lattice communications tower; and
that the petitioner submitted plans (labeled Revision No. 2 of Exhibit No. 1, and Exhibit No. 2) to illustrate
the proposed communications tower configuration; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 7, 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 proposed amendment and to investigate 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 proposed use is properly one for which a conditional use permit is authorized by
Zoning Code Section 18.61.050.460 to wit: to permit additional telecommunications microwave dishes on
an existing communication tower.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the use, as proposed to be amended, 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.
4. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area.
Tracking No. CUP2002-04605
CR5485DM.doc -1- PC2002-157
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5. That amending this conditional use permit, 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 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 additional telecommunications microwave
dishes on an existing communications tower and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3070 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously 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 amend Resolution No. PC88-288, as amended by Resolution No. PC96-64 and adopted in
connection with Conditional Use Permit No. 3070, to permit sixty five additional telecommunications
microwave dishes on an existing communications tower; and
BE IT FURTHER RESOLVED that the conditions of approval be amended in their entirety
to read as follows:
1. That the entitlement for sixty five (65) additional antennas shafl expire ten (10) years from the date of
this resolution on October 7, 2012.
2. That the maximum heights of a total of sixty (60) flat panel antennas (having maximum diameters of
finro (2) feet) on the existing communications tower shall be limited to the following:
• One hundred two (102) feet for eighteen (18) antennas.
• Eighty seven (87) feet for twenty one (21) antennas.
• Seventy-two (72) feet for twenty one (21) antennas.
The maximum diameter of each flat panel antenna shall be two (2) feet. This information shall be
specifically shown on the plans submitted for building permits. No additional microwave dishes or
antennas shall be permitted without the prior approval of the Planning Commission.
3. That the maximum heights of a total of five (5) microwave dishes on the existing communications
tower shall be limited to the following:
• One hundred sixty finro (162) feet for three (3) dishes.
• One-hundred forty seven (147) feet for one (1) dish.
• One-hundred thirty seven (137) feet for one (1) dish.
The maximum diameter of each microwave dish shall be four (4) feet. This information shall be
specifically shown on plans submitted for building permits. No additional microwave dishes or
antennas shall be permitted without the prior approval of the Planning Commission.
4. That the microwave dishes shall be finished and painted to match the existing tower structure. If the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specificalty shown on the plans submitted for building permits.
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5. That the portion of the subject property being leased to the telecommunications provider shall be
permanently maintained in an orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from
time of occurrence.
6. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the communications tower.
7. That the cable connecting the equipment shall be underground and shall not be visible to the public;
and that said information shall be specifically shown on the plans submitted for building permits.
8. That the operator of this conditional use (the "Operator") shall ensure that this installation and choice
of frequencies will not intertere with the 800 MHz radio frequency required by the City of Anaheim to
provide adequate spectrum capacity for public safety and related purposes.
9. That at all times, other than during the twenty four (24) hour cure period provided in Condition No.
11, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
10. That before 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 Cornmunications Division of the Orange County Sheriff s Department or a
Division-approved contractor at the expense of Operator.
11. That the O~erator ~hall provide a twent~c four (24)-hour t~lepho~e numbe~ to the Zoning Division (to
be forwarded to the Fire and Police Departments) to which interterence problems may be reported;
and that all interference complaints shall be resolved within twenty four (24) hours.
12. That the Operator shall identify 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 of Anaheim'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 the conditions of approval herein.
14. 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.
15. That should this telecommunications facility be sold, the City of Anaheim shall be notified within thirty
(30) days of the close of escrow.
16. That all equipment, including supply cabinets and power meters, shall be installed on private
property and shall be screened from public view, as approved by the Zoning Division. Said
information shall be specifically shown on the plans submitted for building permits.
17. 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 Revision No. 2 of Exhibit No. 1(page 1`North and East Elevations',
page 2'South and West Elevations', and page 3`Site Plan') and Exhibit No. 2(photo simulations 1
through 4), and as conditioned herein.
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18. 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, 4, 7, 11, 12, 14 and 16, 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.
19. That prior to final building and zoning inspections, Condition Nos. 10 and 17, above-mentioned, shall
be complied with.
20. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 7, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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$ECRETARY, ANAHEIM CITY_ PLANN.IPIG COMMISSION -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 Ciry Planning
Commission held on October 7, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO
NOES: COMMISSIONERS: VANDERBILT
ABSTAINS: COMMISSIONERS: KOOS
~1 IN WITNESS WHEREOF, I have hereunto set my hand this ~~.. ~ day of
~j~ ~v ~~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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