Resolution-PC 2004-117~ ~
RESOLUTION NO. PC2004-117
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04895 BE GRANTED ''
(601 SOUTH EAST STREET)' _
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, 8tate of
California, described as `
PARCEL 1: THE NORTHERLY 130.00 FEET OF THE EASTERLY RECTANGULAR
ONE-HALF` OF VINEYARD LOT H-1 OF ANAHEIM, AS SHOWN ON' A MAF
RECORDED JN BOOK 4,' PAGES' 629 AND 630 OF DEEDS OF LOS ANGELES
COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 210:00 FEET:
PARCEL 2: THE NORTH 130.00 FEET OF THAT PORTtON OF VINEYARD LOT
H-1 OF ANAFIEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND _
630 OF DEEDS OF LOS ANGLES COUNTY, CALiFORNIA; DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESGRIBED
iN DEED TO WEST-AIRE MANUFACTURING COMPANY, A PARTNERSHIP,
RECORDED NOVEMBER 18, 1953 IN BOOK 2616, PAGE 1 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING IN THE WEST LINE OF
EAST STREET, 66.00 FEET WIDE, AS SHOWN ON SAID MAP, AND DISTANT SOUTH
15° 30' 00"EAST 130.00 ~EET ~ROM THE NORTHEAST CORNER OF SAID LOT H-1;
THENCE SOUTH 74° 22' 35" WEST 351.24 FEET ALONG THE SOUTHERLY LINE OF
SAID LAND OF WEST-AIRE MANUFACTURING COMPANY TO THE EASTERLY LINE
OF THE LAND ' DESCRIBED 1N DEED TO ANAHEIM HOLDING COMPANY, A
CORPORATION, RECORDED DECEMBER 29, 1952 IN BOOK 2429 PAGE 319 OF
SAID OFFICIAL RECORDS; THENCE SOUTH 15° 30' 31" EAST 260.00 FEET ALONG
SAID EASTERLY LINE; THENCE NORTH 74° 22' 35" EAST 351.20 FEET TO` THE '
NORTHEAST LINE OF SAID LOT H-1; THENCE NORTH 15° 30' 00" WEST 260.00
FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20.00
FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 4, 2004, 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 18.60, 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 find
and determine the following facts:
1. That the petitioner proposes to permit a telecommunications antenna (disguised as a light
pole) with accessory ground-mounted equipment with waiver of the following:
SECTION NO. 18.38.060.0504 Minimum structural setback
j5 feet required; none proposed for ground-
mounted equipment enclosure)
2. That the waiver of structural setback for equipment is hereby approved on the basis that the
size and configuration of the parking area, the building location and the surrounding properties and adjacent
fencing constraints, limits the placement of the equipment and that the location proposed for the equipment
would have the least negative impact on the property and would allow the facility to be completely screened
from public view.
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3. That the proposed telecommunications facility disguised as a light pole would not adversely
_ affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
4. Thatthe size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a light pole minimizes any potential'aesthetic impacts.
5. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the;proposed use will not, under the conditions imposed, impose'an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
6. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an essential and effective wireless communications network system.
7. That no one indicated their presence at said public hearing in opposition; and that'no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:
That the Anaheim City Planning Commission has reviewed the proposal to permit a cellular
telecommunication facility disguised as a light pole with accessory ground-mounted equipment with waiver of
minimum structural setback and does hereby approve theNegative 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
health and safety of the Citizens of the City of Anaheim:
1. That this permit shall expire five (5) years from the date of this resolution, on October 4, 2009.
2. That the telecommunications facility shall be limited to 45 feet in height, with 3 sectors consisting of 2,
flush-mounted panel antennas per sector, and accessory ground-mounted equipment. Said information
shall be specifically shown on plans submitted for building permits. No additional antennas or
equipment cabinets shall be permitted without the approval of the Planning Commission.
3. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
4. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the
transmission tower structure or the accessory equipment building.
5. This condition was deleted at the public hearing.
6. That all equipment, including supply cabinets and power meter shall be installed on private propertyand
shall be screened from public view as required by the Planning Department. The developer 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.
7. That the operator shall ensure that its 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.
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8. That before activating its 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.
9: That all interference complaints shall be resolved within 24 hours.
10. 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, fsx number
, and e-mail address of that person shall beprovided to the Planning Services Division. -
11. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of
the facility; shall comply with the terms and conditions of this permit. -
12: That the subject property shall be developed substantialfy in accordance with the plans and
specifications submitted to the City of Anaheim by the petitionec and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
13. That prior to issuance ofia building permit, or within a period ofone (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 5,,6 and 14, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
14. Thatplans submitted for building permits sha11 reflect a slim line monopole design.
15. That prior to final building and zoning inspections, Condition Nos. 8, 10 and 12, 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 Federaf
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 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 unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed nuU and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, `Procedures"
of the Anaheim Municipal Code pertaining to appeal proced and m b placed by a City Council
Resolution in the event of an appeal. ~
CHAIRM , A AHEIM CITY PLANNING COMMISSION
ATTEST:
~O ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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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 October4, 2004; by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FL'ORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS: :
ABSENT: COMMISSIONERS:'ROMERO, VELASQUEZ
/ 'IN WITNESS WHEREOF, I have hereunto set my hand this 2~ n~day of
,= o C'G ~~ er . 2004:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION