Resolution-PC 2004-118• •
RESOLUTION NO. PC2004-118
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITIONFOR CONDITIONAL USE PERMIT N0. 2004-04896 BE GRANTED
(1320 EAST SANDERSON AVENUE) <
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property sifuated in the City of Anaheim, County of Orange, State of
California, described as: '
PARCEL 1 OF PARCEL MAP NO. 90-179, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE; STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 279, PAGES
45, 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH THAT PORTION OF VACATED SANDERSON AVENUE
AS MORE' PARTICULARLY DESCRIBED AS PARCEL 2 OF RESOLUTION N0. 95R-67 OF `
THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH
RECORDED JULY '18,' 1995 AS 1NSTRUMENT NO. 95-304246, OFFICIAL RECORDS
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF ANAHEIM A PUBLIC
BODY CORPORATE AND POLITIC, IN A DEED:;RECORDED DECEMBER 23, 1993 AS
INSTRUMENT NO. 93-0893342, OFFICIAL RECORDS.
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.08.030.0402, 18.38.060 and 18.56.030.070.
2. That the existing and proposed telecommunications facilities would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
Further, the antennas and existing pole would be painted a neutral color to better blend in with surrounding
environment.
3. That the 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; and the site currently contains a
monopole which allows opportunity for the co-location of telecommunications facilities without building
separate facilities thereby minimizing impacts to the surroundings.
4. 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.
5. 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; and
6. That no one indicated their presence at said public hearing in opposition; and that no '
correspondence was received in opposition to the subject petition.
Cr\PC2004-118 -1- PC2004-118
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CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a cellular telecommunication facility on an existing
monopole with accessory ground-mounted equipment; 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 reviewprocess
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 thatthe Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit; upon the following conditions which are hereby
found to be a necessaryprerequisite fo the proposed use of the subject property in order to preserve the
health and safety ofithe Citizens of the City of Anaheim:
1. Thatthe co-location of the additional antennas shall expire five (5) years from the date of this resolution :
on October 4, 2009.
2. That the co-located telecommunications facility shall be limited to 70 feef in height, wifh 3 sectors
consisting of 2 antennas for a maximum number of 6 antennas having dimensions of 4 feet in height
and accessory ground-mounted equipment. Said information shall be specifically shown on plans
submitted fior building permits. No additional antennas or equipment cabinets shall be permitted "without
the approval of the Planning Commission, with the exception of the existing antennas currently located
on the pole.'
3. That all antennas including the existing monopole and existing antennas shall be finished and painted a
neutral color as determined by staff to better blend into the surrounding properties. If the finish or color
of the monopole is modified, the antennas shall be modified accordingly. Said information shall be
specifically shown on 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 by providing regular landscape maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
5. 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.
6. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said ground-mounted equipment shall match in color and texture the building and shall be specifically
shown on plans submitted for building permits.
7. That all equipment, including supply cabinets and power meter shall be installed on private property and
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.
8. This item was deleted at the public hearing.
9. 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.
10. 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:
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PC2004-118
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11. That all interference complaints shall be resolved within 24 hours.
12. 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 Planning Services Division.
13. 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.
14. 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 through 7; and as conditioned herein.
15. 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 Nos. 2, 3, 6 and 7, 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.
16. That prior to final building and zoning inspections, Condition Nos. 10, 12 and 14, above-mentioned, shall
be complied with. _
17. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim 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, 7egulation 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 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.
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 procedures and may be replaced by a City Council
Resolution in the event of an appeal.
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CHAIRM , AN EIM CITY PLANNING COMMISSION
ATTEST:'
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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 October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: ROMERO, VELASQUEZ .
IN WiTNESS WHEREOF, 1 have hereunto set my hand this ~~n ~ day of
a ~ ~ o d~. , Zoo4.
,
.x,~.~
SENIOR SECRETARY; ANAHEIM CITY PLANNING COMMISSION