Resolution-PC 2003-42~ ~
RESOLUTION NO. PC2003-42
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04662 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 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP ATTACHED TO LOT LINE
ADJUSTMENT LL NO. 460, RECORDED AUGUST 14, 2000 AS INSTRUMENT
NO. 20000423819 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 10, 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, 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
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 fi~rd and dete~min~#he#ollowing-facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.41.050.210 and 18.84.062.030.032 to permit a roof-mounted
telecornmunica#ions an#enna and accessory roof-mounted equipment in the Scenic Corridor Zone-
Overlay.
2. 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.
3. That roof-mounted equipment is permitted in the CO(SC) "Commercial, Office and
Professional-Scenic Corridor Overlay Zone subject to approval of a conditional use permit; that this
proposal meets the criteria of Code Section 18.84.062.030.032 by the proposed integration of the roof
screening devices into the architectural design of the building; and that the equipment shelter and
telecommunication antennas will be screened from view from the public right-of-way and nearby
residential properties by a new roof enclosure constructed to match the existing building.
4. 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; and that the site contains a 3-story office building which provides opportunity for screened
telecommunications facilities on the roof of the building thereby minimizing impacts to the surroundings.
5. That the traffic generated by the propose 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.
6. That granting 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 use 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.
cr\pc2003-042.doc - 1 - PC2003-42
~
•
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, 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 Conditionaf 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:
1. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing for the removal of trash and debris, and removal of
graffiti within twenty four (24) hours of occurrence.
2. That the telecommunications facility shall be limited to two (2) sectors, consisting of three (3) panel
antennas each, and accessory roof-mounted equipment consisting of five (5) base transceiver
stations, one (1), four (4) foot diameter, microwave dish and one (1) generator. Said information
shall be specifically shown on the 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 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 adeq~rate spe~tF~rr~ capacity for public safeiy and relaied. pur~oses.
4. That at all times, other than during the twenty four (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 its 800 MNz radio frequency.
5. 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 Communications Division of the Orange County Sheriff's Department or a
Division-approved contractor at the expense of Operator.
6. That the Operator shall provide a twenty four (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 twenty four 24 hours.
7. 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 Zoning Division.
8. 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.
9. That the installer shall obtain a right-of-way construction permit from 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 prior to issuance of a certificate of occupancy for this project, Zoning Division staff shall conduct
a field inspection to ensure that the proposed faux brick screen wall and equipment enclosure match
- 2 - PC2003-42
~ ~
the finish and texture of the existing buiiding. Said screen wall and enclosure shall be maintained
continuously in a'like-new' condition to match the existing building.
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 No. 2, 6, 7 and 9, 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, 11 and 12, above-mentioned,
shall 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 other applicable ordinance, regulation or requirement.
BE IT FURTHER RESO~VED 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 unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolu.tion, and any ap_provals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2003.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~,.IO.P~sr++v'~-- %~~Ge'Yf.c.o
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 March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3r0~- day of
a , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2003-42