Resolution-PC 2005-139~ •
RESOLUTION NO. PC2005-139
' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4165, AND '
AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC99-220,
ADOPTED THEREWITH
(1200 -1400 WEST AUDRE DRiVE, 1650 SOUTH NINTH STREET AND
1651 SOUTH WALNUT STREET - SOUTHERN CALIFORNIA EDISON EASEMENT)
WHEREAS, on December 6, 1999, the Anaheim Planning Commission, by
Resolution Na PC99-220 approved Conditional Use Permit Na 4063 to permit
felecommunication antennas on an existing electrical transmission tower, with waiver of
, minimum landscaped requirements (denied); and
WHEREAS, said Resolution No. PC99-220 includes the following condition of
aPproval:
"1. That subject use permit shall expire five (5) years from the date of
this resolution, on December 6, 2004."
WHEREAS, the property is currently developed with Edison transmission towers and
' a plant nursery and is zoned T(Transitional) and the Anaheim General Plan Land designates this
property for Open Space land uses; and
WHEREAS; the Planning Commission did continue this item from the June 27, 2005
Planning Commission meeting and did conduct a public hearing at the Civic Center in the City of
Anaheim on September 19, 2005, at 2:30 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, saitl 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
fine and determine the following facts:
1. That the applicanYs proposal to permit and retain telecommunication antennas on an
existing electrical transmission tower is authorized by'Anaheim Municipal Code Section Nos. 18.38.060 and
18.14.030.040.0402.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growfh and development of the area in which it is currently located.
3. That the facts necessary to support each and every required showing for the original approval
of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the
Planning Department revealed that the use is operating in compliance with the conditions of approval imposed
on the original permit except for maintenance of the property which is being addressed by the addition of a
new condition of approval.
4. 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.
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\PC2005-139 -1- PC2005-139
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CALIFORNIA ENVIRONMENTAL QUALITY ACTFINDING: TThat the Anaheim Planning
Commission has reviewed the proposal to retain a telecommunications facility; and does hereby find that the
previously-approved Negative Declaration 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, BEJT RESOLVED that the Anaheim Planning Commission does herby
approve the reinstatement of this permit and further, incorporates the conditions of approval contained in
Resolution No. PC99-220 into a new resolution with the following conditions of approvaL•
1. That subject use permit shall expire on December 6, 2009.
2. That a r„ax~mum of three (3) antenna arrays with four (4) antennas each may be located on the
existing tower and a maximum of one (1) GPS-type antenna shall be focated on the proposed
accessory ground-mounted equipment. The placement of the two antenna arrays on the lattice ,
tower shall be limited to fifty six (56) feet in height and the maximum height for one of the antenna :
arrays shall be sixty five (65); and that the equipment, consisting of a total of seven (7) equipment
cabinets, shall continue to be located directly at the base of the tower; and surrounded by an eight
(8) foot high wrought iron fence. Said information shall be specifically shown on plans submitted for
City of Anaheim permits. No additional antennas or equipment cabinets shall be permitted without
the approval of Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the
- finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specifically shown on plans submitted for City of Anaheim permit.
4. That no signage, flags, banners and/or any ofher form of advertising shali be attached to the
antennas or the transmission tower structure.
5. That subject property shall be developed substantiafly in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Development
Services Division of the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned
herein.
6. That quarterly inspections for the first year and annually thereafter, shall be conducted by the
Community Preservation Division to ensure compliance with the conditions of approval. The cost of
such inspections shall be paid for by the applicant.
7. That prior to final building and zoning inspections, Conditions Nos. 5 and 8, above-mentioned, shall
be complied with.
8. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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 RESOLVED that the Anaheim 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 null and void.
-2- PC2005-139
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all `charges related to
the processing of this discretionary case application within 7 days of the issuance of the final invoice prior to
issuance of a,building permit or prior to commencement of the activity, whichever occurs first. Failure to pay
all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the' Planning Commission meeting of
September 19, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipat Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeaL
CHAIRMAN PRO TEMPORE, A EIM PLANNING'COMMISSION
ATTEST:
~ ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the AnaheimPlanning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 19, 2005; by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ r~ day of
OV2m ~ie , 2005.
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/~~-y-~-- r
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION