Resolution-PC 2006-36.
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RESOLUTION NO. RC2006-36
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION ' .
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05077 BE GRANTED
(2711 WES7 YALE AVENUE - SCE EASEMENT)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permif for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as .
THE EASTERLY 265 fEET OF THE EAST NALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS SAID SOUTHEAST QUARTER IS SHOWN ON A MAP OF TRACT
N0. 2303 RECORDED. IN BOOK 89 PAGES 35, 36 AND 37 OF MISCELLANEIOUS MAPS, IN '
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission' did hold a public hearing at the Civic Center in the City of
Anaheim on May 1, 2006, 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, said Commission, after due inspection, investigation and study made by itselfand
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 applicant proposal to permit a telecommunications facility on an existing electrical
' transmission tower with accessory ground-mounted equipment is properly one for which a conditional use
' permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.040.0402 and 18.38.060.
2. That the proposed telecommunications facility would not adversely affect the adjoining lantl
uses and the growth and development of the area in which it is proposed to be located because the proposal
: locates the proposed antennas on an existing electrical transmission tower 198 feet from the public right-of-way
and over 85 feet the nearest adjacent single-family homes.
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 because the telecommunications
facility would be to located on an existing electrical lattice tower with minimal new equipment.
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 tra~c 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 in a manner that wiA blend in with the existing facilities.
6. That a person 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 Planning
Commission has reviewed the proposal to permit a telecommunications facility on an existing electrical
transmission tower 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 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.
Cr\PC2006-36 -1- PC2006-36
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 telecommunications facility shall be limited to no more'than six (6) sectors with one (1) panel
antenna on each sector on the existing electrical lattice tower with accessory ground-mounted equipment
and one.GPS antenna and one microwave dish. The six (6) sectors shall be limifed to a height of fifty (50)
`feet in height. Said information shall be specifically shown on pVans submitted for building permits. No
additional antennas or equipment cabinets shall be permitted without the prior approval of the Planning '
Commission at a noticed public hearing.
2. That the antennas shall be #inished and painted to match the existing electrical transmission tower. If the
finish or color of the tower is modified, #he antennas shall'be modified accordingly. Said information shall
be specifically shown on the plans submitted by building permits. '
3. That that ground-mounted equipment shall beJocated entirely within an 8-foot high decorative wrought iron ,
fence and the cable connecting to the equipmenf shall be underground and shall not be visible to the
public. Said information shall be specifically shown on plans submitted for building permits.
4. That all equipment, including supply cabinets and power meter shall be screened from the public right-of-
way. `Said information shall be specifically shown on plans submitted for building permits.
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the
800'MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
public safety and related purposes. -
6. That before activating this 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 shatl be
conducted by the Communications Division of the Orange County Sheriff's Department or a Division
approved contractor at the expense of Operator.
7. That the Operator shall provide a 24-hour telephone number, fax number and e-mail address to the
Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference
problems may be reported, and shall resolve all interference complaints within 24 hours. _
8. 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.
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within
30 days of the close of escrow.
10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown
on plans submitted for building permits.
11. That the appticant shalf 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.
12. That the routing of the telco and power runs shall be routed within the property parallel to the existing
property line and then out to the power pole. Pullboxes shall be required where the conduits change :
direction. Said information shall be specifically shown on plans submitted for building permits.
13. 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.
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14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the
transmission tower structure.
15. That a final landscape and equipment enclosure plan shall be submitted to the Planning Services Division
for review and approval indicating an 8-foot high decorative wrought iron fence around the equipment and
the applicant shall exercise best efforts to place ten (10) feet of landscaping from the nursery stock in the
`street setback to screen the equipment from the'public view along Yale Avenue. Any decision by staff ~
regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations
item. Said information shallbe specifically shown on plans submitted for building permifs.
16. 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 P{anning Department
marked Exhibit Nos.1 through 7 and as conditioned herein.
9 7. Thatprior 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: 1, 2, 3, 4, 10, 12 and 15 abovementioned, shallbe complied with.
Extensions of further time to complete'said conditions may be granted in accordance with Section
18.60:170 of the Anaheim Municipal Code.'
18. That prior to final building and zoning inspections, Condition Nos. 6, 7 and 16, above mentioned shall be
complied with. '
19. 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 equipment.
SE IT fURTHER RESOLVED that the Anaheim 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 anypart thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein confained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
defays in the issuance of required permits or the revocation of the approval of this application
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 1, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions
- GeneraP' of the Anaheim Municipal Code pertaining to appea! pr c and ma be aced by a City
Council Resolution in the event of an appeaL ~
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CHAIRMA , ANAHEIM PLANNING COMMISSION
ATT ,
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SENIOR ECRETARY, ANAHEIM A COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Pianning Commission held on May
1, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO
NOES:- COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
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IN WITNESS WHEREOF,1 have hereunto set my hand this ~S day of ,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING C ON