Resolution-PC 2003-167•
RESOLUTION NO. PC2003-167
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4047, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R-22,
ADOPTED THEREW ITH
WHEREAS, on January 26, 1999, the Anaheim City Council did, by its Resolution No. 99R-22,
grant Conditional Use Permit No. 4047 to permit telecommunications antennas on an existing lattice tower
structure (Southern California Edison Co.) and ground-mounted accessory antennas equipment subject to
certain conditions of approval; and that Condition No. 1 of said Resolution specifies that the
telecommunications antennas are approved for a period of five years from the date of the resolution to expire
on November 9, 2003; and
WHEREAS, the property is developed with two telecommunications facilities located on
Southern California Edison Co. lattice towers with two accessory equipment shelters, and the remainder of
the property is undeveloped with a third facility proposed by AT & T Wireless having been approved by the
Planning Commission on November 17, 2003, for a period of five years; that the zoning is RS-A-43,000(SC)
(Residential/Agricultural - Scenic Corridor Zone Overlay); and that the Land Use Element of the Anaheim
General Plan designates the property for General Open Space land uses; and
WHEREAS, under authority of Section 18.03.093 (Extensions of Conditional Use Permits and
Variances Approved with Time Limitations) of the Anaheim Municipal Code, the petitioner requests
reinstatement of this conditional use permit by the modification or deletion of Condition No. 1 pertaining to a
5-year limitation which expired November 9, 2003 to retain a telecommunications antenna facilify on the
existing Southern California Edison Co. lattice tower structure and accessory ground-mounted equipment;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 15, 2003, 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 use, as amended, is properiy one for which a conditionai use permit is authorized by
the Zoning Code.
2. That the use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
3. That the size and shape of the site for the use, as amended, 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 generaf welfare.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
5. That the 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.
Tracking No. CUP2003-04798
cr\PC2003-167.doc -1- PC2003-167
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6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council as shown by a Code
Enforcement inspection of the premises.
7. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare as evidence by
the absence of complaints regarding this property.
8. That there have been no changes to the applicable Zone standards that would invalidate the
findings that were the basis for the original approval of this conditional use permit.
9. That no one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a telecommunication antenna facility on an existing lattice
tower structure and accessory ground-mounted equipment on property consisting of an irregularly-shaped
3.1-acre property having a frontage of 545 feet 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 is further
described as 6900 East Canyon Rim Road (Sprint PCS); and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4047 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 reinstate and approve Conditional Use Permit No. 4047 for a period of five (5) years until November
9, 2008;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval in Resolution No. 99R-22, adopted in connection with Conditional
Use Permit No. 4047, to read as follows:
1. That the telecommunications antennas shall be approved for a period of five (5) years, to expire on
November 9, 2008.
2. That a maximum of three (3) antenna arrays, with two (2) antennas each, may be located on the
existing tower at a maximum height of sixty six (66) feet; and that one (1) GPS (Global Positioning
System) type antenna may be mounted on the one hundred twenty degree (120°) sector or located on
the proposed accessory ground-mounted equipment. No additional antennas shall be permitted
without the Planning Commission's prior approval.
3. That the antennas shall be finished and painted to match the existing lattice tower structure and if the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly.
4. That the Operator shall ensure that this installation and 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 Safety and related purposes.
5. That the Operator shall at all times not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
6. That 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
at the Operator's expense.
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That the Operator shall provide a 24-hour telephone number to which interference problems may be
reported, and shall resolve all interference complaints within twenty four (24) hours.
That the Operator shall provide 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 the City`s designated representative.
9. That the Operator shall ensure that all its contractors, sub-contractors and agents, and any other user
of the facility, shall comply with the terms and conditions of this conditional use permit.
10. That any activity related to disturbing or removing Coastal Sage Scrub habitat is required to follow the
provisions of the Natural Community Conservation Program/Habitat Conservation Plan ("NCCP/HCP")
program listed in Resolution No. 99R-22 adopted in connection with Conditional Use Permit No. 4047.
11. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas.
12. That this property shall be developed substantially in accordance with 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. 1 of Exhibit Nos. 1(Site Plan), 2(Equipment), 3(Antenna), 4
(Roof/Site - West Elevation), 5(Roof/Site - North Elevation) and 6(Topographic Map), and as
conditioned herein.
13. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning 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 ~t the Planning Commission meeting of
December 15, 2003. / ,, ,, n ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 31s~ day of
~eeember , 2oos.
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SENtOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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