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Resolution-PC 2003-60• • RESOLUTION NO. PC2003-60 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4016, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-85, ADOPTED THEREWITH WHEREAS, on April 27, 1998, the Anaheim City Planning Commission did, by its Resolution No. PC98-85, adopt Conditional Use Permit No. 4016 to construct a 60-foot high steel telecommunications monopole with three arrays having seven antennas each and with three microwave dishes to replace an existing 60-foot high wood monopole at 1422 South Allec Street; and that said Resolution includes the following condition of approval: "1. That this conditional use permit is approved for a period of five (5) years, to expire on April 27, 2003." WHEREAS, this property is developed with a multi-tenant industrial building and a 60-foot high monopole and accessory ground-mounted equipment; that the zoning is ML (Limited Industrial); and that the Anaheim General Plan designates the property for General Industrial land uses; and WHEREAS, the petitioner has requested reinstatement of this Conditional Use Permit to retain the telecommunications monopole and accessory ground-mounted equipment enclosure pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 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 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 the Zoning Code. 2. That the proposal, 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 proposal is adequate to allow full development of the 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 will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 5. That granting this reinstatement, 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 this conditional use permit is being exercised in substantially the same manner and in conformance conditions and stipulations originally approved by the Planning Commission. Tracking No. CUP2003-04677 Cr/PC2003-060.doc -1- PC2003-60 • • 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. 8. 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 retain a 60-foot high steel telecommunications monopole with three arrays having seven antennas each and with three microwave dishes on an irregularly-shaped property consisting of 0.99 acre, having a frontage of 125 feet on the east side of Allec Street and a maximum depth of 330 feet, being located 539 feet north of the centerline of Cerritos Avenue, and is further described as 1422 South Allec Street; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4016 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. PC98-85, adopted in connection with Conditional Use Permit No. 4016, to reinstate and approve this Conditional Use Permit, and to amend the conditions of approval in their entirety to read as follows: That this Conditional Use Permit shall expire on April 27, 2008. 2. That the telecommunications facility shall be limited to sixty (60) feet in height, with three (3) sectors consisting of seven (7) panel antennas per sector with maximum dimensions of four (4) feet in height by one (1) foot in width, two (2) two (2) foot diameter microwave dishes and one (1) four (4) foot diameter microwave dish on the existing tower, and accessory ground-mounted equipment. No additiona! antennas shall be permitted without prior approval by the Planning Commission. 3. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas or the transmission tower structure. 4. That the height of the monopole shall not exceed the height of the attached antenna arrays at any time. If the arrays are lowered, the monopole height must be reduced to correspond to the height of the arrays. 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. 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 adequate spectrum capacity for public safety and related purposes. 7. That at all times, other than during the twenty (24) hour cure period provided in Condition No. 9, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City's 800 MHz radio frequency. 8. That the Operator shall submit to a 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 Division-approved contractor at the expense of the Operator. -2- PC2003-60 C~ , 9. That the Operator shall provide a`single point of contact,' including a twenty four (24) hour telephone number, fax number and e-mail address, in its Engineering and Maintenance Departments to the Zoning Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported; and that the Operator shall resolve all interference complaints within twenty four (24) hours. 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 conditions of approval herein. 11. That should this telecommunication facility be sold, the Zoning Division of the City of Anaheim shall be notified within thirty (30) days of the close of escrow. 12. That all equipment, including supply cabinets and power meter, shall be installed and maintained on private property and shall be screened from public view, as approved by the Zoning Division. 13. That the subject property shall be developed and maintained 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 No. 1, and as conditioned herein. 14. That within thirty (30) days from the date of this resolution, Condition Nos. 8 and 9, 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 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2003. C PERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ' SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. C1TY 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 April 21, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2003. ~ ~ ,,,~ . SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-60