Resolution-PC 2002-36•
RESOLUTION NO. PC2002-36
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04506 BE GRANTED
FOR A PERIOD OF FIVE YEARS UNTIL MARCH 11, 2007
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 1: THAT PORTION OF LOT 1, BLOCK 6 OF THE GOLDEN STATE
TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SHOWN AS
PARCEL 1 ON A MAP FILED IN BOOK 1, PAGE 38 OF PARCEL MAPS,
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 11, 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the February 25, 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 Section 18.110.050.050.0513 to permit co-location of a telecommunications
antenna on an existing telecommunications tower and accessory ground-mounted equipment.
2. That the proposal is located at the northerly terminus of Red Gum Street in Development
Area 1(Industrial Area) of the Northeast Area Specific Plan No. 94-1.
3. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located; and that the equipment shelter will be
screened from the public right-of-way by landscaping and the antennas will be painted to match the
existing monopole.
4. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare because the site currently contains a monopole which allows opportunity for
the co-location of telecommunications facilities without building separate facilities, thereby minimizing
impacts to the surroundings.
5. 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 the proposal is an
unmanned facility with infrequent maintenance.
6. That granting of 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; and
that the proposal will contribute to an essential and effective wireless communication network system.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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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(Existing Facilities), 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 a telecommunications facility on an existing telecommunications
tower and accessory ground-mounted equipment shall be permitted for a period of five (5) years
from the date of this resolution until March 11, 2007.
2. That the telecommunication facility shall be limited to six (6) panel antennas (two (2) antennas per
sector) located at a maximum height of fifty one (51) feet with each antenna having dimensions of
four feet-six inches (4'-6") in length, eight inches (8") in width, and two inches (2 ") thick. Said
information shall be specifically shown on plans submitted to the Building Division for permits. No
additional antennas or equipment cabinets shall be permitted without the prior approval of the
Planning Commission.
3. That the cable connecting the equipment shall be underground and shall not be visible to the public;
and that the cable run on the tower shall be painted to match the color of the monopole; that the
ground-mounted equipment shall be painted to match the adjacent block wall; and that said
information shall be specified on plans submitted to the Building Division for permits.
4. 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 twenty four (24) hours from time of occurrence.
5. That the operator of this installation (the "Operato~") shall ensure that this installation and the choice
of frequencies shall not interfere with the 800 MHz radio frequencies required by the City of Anaheim
to provide adequate spectrum capacity for public safery and related purposes.
6. That at all times, other than during the 24 hour "cure period" provided in Condition No. 8, below, the
Operator of this installation shall not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
That before activating this facility, the Operator shall submit a post-installation test to the Zoning
Division of the Planning Department (to be forwarded to the Police and Fire Departments) to confirm
that the facility does not interfere with the City of Anaheim's public safety radio equipment. This test
shall will be conducted by the Communications Division of the Orange County Sheriffs Department
or a Communications Division-approved contractor at the expense of Operator.
8. That the Operator shall provide a 24-hour phone number to the Zoning Division of the Planning
Department (to be forwarded to the Police and Fire Departments), to which phone number
interFerence problems may be reported; and that the Operator shall resolve all interference
complaints within 24 hours.
9. That the Operator shall specify a"single point of contacY' in its Engineering and Maintenance
Department(s) to ensure continuity on all interference issues. Upon activation of the facility, the
name, telephone number, fax number and e-mail address of that person shall be provided to City's
designated representative and to the Zoning Division of the Planning Department (to be forvvarded to
the Police and Fire Departments).
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10. 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 terms and conditions of this conditional use permit.
11. 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-A, 2-B, 3, 4 and 5, and as conditioned herein.
12. That the landscaping shall be maintained in conformance with the approved Exhibit No. 5
"Preliminary Landscape Plan"; and that the irrigation system shall be maintained in compliance with
City standards.
13. That landscaping shall be maintained and immediately replaced in the event that it becomes
diseased or dies.
14. That prior to issuance of a permit by the City or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3 and 17, herein-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.
15. That prior to final building and zoning inspections, Condition Nos. 7, 8, 9 and 11, above-mentioned,
shall be complied with.
16. 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.
17. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3408 (to retain a temporary office trailer).
BE IT FURTHER RESOLVED that the Anaheim City 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 unenforceabfe 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
March 11, 2002.
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CHAIRPE N, ANAHEIM CI ANNING 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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN COMMISSIONERS: KOOS
lN WITNESS WHEREOF, I have hereunto set my hand this ~-S ~ day of
/~C"cic~i , 2002.
SECRETARY, ANAHEI CITY PLANNING COMMISSION
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