Resolution-PC 2002-37. •
RESOLUTION NO. PC2002-37
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04507 BE GRANTED
FOR FIVE (5) 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:
LOT 43 OF TRACT NO. 8463, IN THE CITY OF ANAHEIM, AS SHOWN ON A
MAP RECORDED IN BOOK 392, PAGES 28 THROUGH 31, OF
MISCELLANEOUS 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 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 Sections 18.21.050.125 and 18.84.041 to permit a telecommunications antenna
and microwave dish on an existing electrical transmission tower, and accessory ground-mounted
equipment.
2. That the proposed use, which is located in the Edison Easement, will not adversely affect
the adjoining land uses and the growth and development of the area in which it is proposed to be located
because the site currently contains transmission towers which allow opportunities for co-locating
telecommunications facilities on an existing tower leg without building separate facilities and thereby
minimizing impacts to the surroundings; and that the equipment shelter will be screened from nearby
public rights-of-way by landscaping and the antennas will be painted to match the legs of the existing
transmission tower.
3. 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.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highvvays designed and improved to carry the traffic in the area because this 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: That the Anaheim City
Planning Commission has reviewed the proposal to permit a telecommunications antenna and microwave
dish on an existing electrical transmission tower and accessory ground-mounted equipment on an
irregularly-shaped 3.1-acre property having a frontage of 545 on the south side of Canyon Rim Road and
a maximum depth of 295 feet, being located 180 feet west of the centerline of Fairmont Boulevard, and
further described as 6930 East Canyon Rim Road; 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 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 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 this conditional use permit shall expire five (5) years from the date of this resolution on March
11, 2007.
2. That the proposed telecommunications facility shall be limited to seventy (70) feet in height, with
three (3) sectors consisting of two (2) panel antennas per sector with dimensions of five and one-half
(5%z) feet in length by eight inches (8") in width and two inches (2") thick on the existing tower; and a
twenty four (24") diameter microwave dish at a height of fifty six and one-half (56%2) feet on the
tower, 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.
3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specifically shown on the plans submitted for building permits.
4. That the portion of the property being leased to the telecommunication 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.
5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
6. 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.
7. That the operator of this use (the "Operato~") shall ensure that this installation and the choice of
frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to
provide adequate spectrum capacity for public safety and related purposes.
8. That at all times, other than during the 24-hour cure period provided in Condition No. 10, below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
9. 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 will
be conducted by the Communications Division of the Orange County Sheriff's Department or a
Communications Division-approved contractor at the expense of Operator.
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10. That 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 shall
resolve all interference complaints within 24 hours.
11. That the Operator shall provide a"single point of contacY' in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. Prior to 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.
12. 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.
13. That additional landscaping shalf be provided in the area of the equipment shelter and shall be
shown on plans submitted to the Zoning Division for review and approval. The on-site tandscaping
plan shall include type, size and location of plants intended to screen the equipment enclosure.
Following approval, the landscaping shall be installed and maintained in accordance with the
approved plan; and the irrigation system shall be maintained in compliance with City standards.
14. That landscaping shall be maintained and immediately replaced in the event that it becomes
diseased or dies.
15. That prior to commencement of any construction, a grading plan shall be submitted to the Public
Works Department for review and approval; and that any grading shall conform to requirements of
Chapter 17.06 of the Anaheim Municipal Code.
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 4, and 5, and as conditioned herein.
17. That prior to issuance of a permit by the Building Division or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6 and 13, 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.
18. That prior to final building and zoning inspections, Condition No. 9, 10, 11 and 16, above-mentioned,
shall be complied with.
19. 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
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 11, 2002.
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CHAIRPERS , ANAHEIM CITY NNING 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
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
IN WITNESS WHEREOF, I have hereunto set my hand this ~-S~"b day of
/y~ a i- L ~ , 2002.
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ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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