Resolution-PC 2004-68~_ ,~
~ RESOLUTION NO: PC2004-68 ~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04859BE'GRANTED
(6352 E. NOHL RANCH ROAD)
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 A: LOT 1, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE-0F
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 164, PAGE 22 OF 'PARCEL ,
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CAUFORNIA. , :
PARCEL B: PARCEL 1, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 155, PAGES 32 AND 33 OF
" PARCEL MAPS, IN THE OFFICE OF THE 'COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 28, 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 18.03, 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, doesfind
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 Section 18.21.050.125.
2. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare as the proposed telecommunication facility would be designed to simulate a pine
tree and would blend in within the existing trees in the vicinity, and would be unrecognizable as a
telecommunication facility from the public right-of-way; and '
3. That the tra~c generated by the proposed use will not impose an undue burden upon the '
streets and highways designed and improved to carry the traffic in the area as only one to two technicians.for
preventative maintenance would be on site once per month; and
4. That the granting of the 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 as the
facility would enhance wireless services coverage within the area and the facility is located approximately
340 feet south of Nohl Ranch Road and as such, would not be recognizable as a telecommunication facility
from the public right-of-way. Moreover, the facility would be designed to simulate a pine tree and would.
blend in with the surrounding trees and topography.
5. 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\PC2004-068 -1- PC2004-68
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has reviewed the proposal
and the lnitial Study (a copy of which is available for review in the Planning Department) and finds no
significanf environmental impact and, therefore, recommends that a Negative Declaration be approved upon '
a finding by the Commission that the declaration reflects the independenf judgment of the lead agency; and
that it has considered the proposed 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 granf 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#o preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That this conditional use permit shall expire in five (5) years, on June 28, 2009.
2. That the telecommunications facility shall be disguised as a pine tree and shall be limited to 35 feet 2
inches in height: The number of antennas shall be limited to three (3) sectors with two (2) panel '
antennas per sector. The maximum dimensions of the antennas shall be 6 feet high,and 1 foot in width.
Said antennas shall not extend beyond the faux pine branches. The ground=mounted equipment shall
be enclosed within a 200 square foot equipment shelter located aapproximately eighty-eight (88) feet
south of the proposed pine tree. One (1) 2-foot by 2-foot microwave antenna and one (1) GPS whip
antenna may also be located within the branches of the faux pine. Said information shall be specifically
shown on plans submitted for building permits.
3. That the faux pine tree shall be finished with colors and materials that resemble a live pine tree and be
consistent with the color palette of the surrounding trees. The petitioner shall submit a colors and
materials board for the facility to ensure consistency with the surrounding trees. Said information shall
be specifically shown on plans submitted for building permits and shall be reviewed and approved by
the Zoning Division. Upon completion of the faux pine tree, an inspection shall be conducted by the
Zoning Division to determine whether the colors and materials used resemble a live pine tree. Any
decision made by the Zoning Division regarding the exterior finish of the structure may be appealed to
the Planning Commission. The faux pine tree shall be continuously maintained in a"like new"
condition.
4. That the ground-mounted equipment shall be located entirely within the equipment shelter and the cable
connecting to the equipment shall be underground and shall not be visible to the public. The proposed
perimeter fencing shall be a minimum of seven (7) feet in height to completely screen the proposed BTS
units and utility meters. Said information shall be specifically shown on plans submitted for building
permits.
5. That the chain link fence at the perimeter of the equipment area shall have a green vinyl clad finish and
vines shall be planted to screen the equipment from view of patrons of the equestrian center. Said
information shall be specifically shown on plans submitted for building permits.
6. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
faux pine tree.
7. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
8. 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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9. That at all times, other than during the 24-hour cure period provided in Condition No. 11 below, the
Operator shap not prevent the City ofAnaheim from having adequate spectrum capacity on the City's
800 MHz radio frequency.
10. That before activating its facility, the Operator shali 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 will be
conducted by the Communications Division of fhe Orange County Sheriff's Department or a Division-
approved contractor at the'expense of Operator.
11. That #he Operator shall provide a"single point of contacY' including a 24-hour telephone number, fax
and e-mail address to the Zoning Division (to be forwarded to the Fire and Police Departments) to which
interference problems may be reported, and shal( resolve all interference complaints within 24 hours.
12. 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.
13. That should this telecommunication facility be sold, the City of Anaheim Planning Division shall be
notified within 30 days of the close of escrow.
14. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or hardscape screening of all pad-mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
15. That all equipment, including supply cabinets and power meter shall be installed on private propertyand
shall be screened form public view, as approved by the Planning Division. 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.
16. That any activity related to disturbing or removal of Coastal Sage Scrub habitat shall be required to
follow the provisions of the NCCP/HCP program as indicated below:
• To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting
gnatcatchers shall occur during the breeding season (February 15 through July 15). It is expressly
understood that this provision and the remaining provisions of these construction-related
mitigation measures are subject to public health and safety considerations. These considerations
include unexpected slope stabilization, erosion control measure and emergency facility repairs. In
the event of such public health and safety circumstances, landowners or public agencies/utilities
shall provide USFWS/CDFG with the maximum practicable notice (or such notice as is specified
in the NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens and any other CSS
~ identified Species that are not otherwise flushed and will carry out the following measures only to
the extent as practicable in the context of the public health and safety considerations.
• Prior to the commencement of grading operations or other activities involving significant soil
disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall
be identified with temporary fencing or other markers clearly visible to construction personneL
Additionally, prior to the commencement of grading operations or other activities involving
disturbance of CSS, a survey shall be conducted to locate gnatcatchers and cactus wrens within
100 feet of the outer extent of projected soil disturbance activities and the locations of any such
species shall be clearly marked and identified on the construction/grading plans.
• A monitoring biologist, acceptable to USFWS/CDFG, shall be on site during any clearing of CSS.
The landowner or relevant public agency/utility shall advise USFWS/CDFG at least seven (7)
calendar days (and preferably fourteen (14) calendar days) prior to the clearing of any habitat
occupied by identified species to allow USFWS/CDFG to work with the monitoring biologist in
connection with bird flushing/capture activities. The monitoring biologist shall flush Identified
Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior
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to brush-clearing and earth-moving activities. If birds cannot be fiushed, they shall be captured in
mist nets, if feasible, and relocated to areas of the site to be protected or to theNCCP/HCP
reserve system. lt shall be the responsibility of the monitoring biologist to assure that identified
bird Species shall not be directly impacted by brush-clearing and earth-moving equipment in a
manner that also allows for construction activities on a timely basis.
• Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be
avoided by construction equipment and personnel shall be marked with temporary fencing or other
appropriate markers clearly visible to construction personnel. No construction access, parking or
storage of equipment or materials shall be permitted within such marked areas.
• ln areas bordering the NCCP reserve system or special Linkage/Special Management areas
containing significant CSS identified in th. e NCCP/HCP for protection, vehicle transportation
routes between cut-and-fill {ocations sha11 be restricted to a minimum number dur'sng construction
consistent with project construction requirements. Waste dirt or rubble shall not be deposited on .
' adjacent CSS identified in the NCCP/HCP for protection. Preconstruction'meetings involving the '
monitoring biologist, construction supervisors and equipment operators shall be conducted and
documented to ensure maximum practicable adherence to these measures.
• CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of
construction areas shall be periodically sprayed with water to reduce accumulated dust on the
leaves as recommended by the monitoring biologist.
17. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by thepetitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
18. 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, 4, 5, 11 and 14 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.
19. That prior to final building and zoning inspections, Condition Nos. 10, 3 and 17 above-mentioned, shall
be complied with. '
20. 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 28, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaini g to peal procedures and may be replaced
by a City Councii Resolution in the event of an appeaL ,,.
, Pt.s
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CHAfRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: '
~.~ ciC_C - - - i~nr7'~-o
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, 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 June 28, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO ~
NOES: COMMISSIONERS:
ABSENT: ~COMMISSIONERS: FLORES, VANDERBILT-LINARES
IN WITNESS WHEREOF, I have hereunto set~my hand this ~~ day of
u , 2004.
.
- /~Z'f.~~YC'''°
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION