Resolution-PC 2006-37~ •
RESOLUTION NO. PC2006-37 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05080 BE GRANTED .
(2719 W EST BALL ROAD)
WHEREAS, the Anaheim 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:
THE EAST 265 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANCH 11 WEST,
IN ?HE RANCHO LOS COYOTES, IN :THE CITY OF ANAHEIM, COUNTY OF -
ORANGE, STATE OF CALIFORNIA AS PER RECORDED IN BOOK 51, PAGE 19 OF
MISCELLANEOUS MAPS, 1N 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 itself
and on 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
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 land
- 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 reducing the cumulative visual
clutter of such facilities by using existing infrastructure, and the transmission tower is located 280 feet from
Stonybrook Qrive further minimizing the visual impact of the proposed facility.
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 located on an existing electrical transmission tower with minimal new equipment.
4. That because this is an unmanned facility with infrequent maintenance, the traf~ic 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 effective wireless communications network system in a manner that would blend in with the existing
facilities.
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\PC2006-37 -1 ~ PC2006-37
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewedthe proposal to permit a telecommunications#acility on'an existing electrical
transmission tower with accessory ground-mounted equipment; and does hereby approve the Negative
Declaration upon finding that the declaration reflectsthe independent judgment of the lead agency and that it
has considered the Negative Declaration togetherwith any comments received during the public review
process and further finding on #he 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 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 morethan six (6) sectors with no more than -
`one (1) panel antenna on each sector, a 24-inch diameter microwave dish, and a 6-inch tall 3-inch wide
GPS antenna, on the existing electrical lattice tower with accessory ground-mounted equipment. The
six (6) antennas shall be limited to a'height of 63 feet. No additional antennas or equipment cabinets
shall be permitted without the approval of the Planning Commission"at a noticed public hea~ing.
2. That the antennas shall be finished and painted to match the existing electrical Jattice tower structure: If
the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information
shalf be specifically shown on the plans submitted by building permits.
3. That that ground-mounted equipment shall be located entirely within an 8-foot high decorative wrought
iron fence and the cable connecting to the equipment 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 suppty cabinets and power meter shaA 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 shall 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 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 electricaf 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.
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11. ` That the applicant 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 timited 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. Pull-boxes shall be required where the conduits change
direction. Said information shal{ be specifically shown on p{ans submitted for building permits.
13. 7hat 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.
14. That no signs, flags, banners, or any other form' of advertising shall be attached to #he antennas or to
the transmission tower structure.
15. That a final landscape and equipment enclosure plan shall be submitted to the Planning Services :
Division forreview and approval indicating an 8-foot high decorative wrought iron fence around the '
equipment and the applicant shall exercise best efforts to placeten (10) feet of landscaping from the
nursery stock in the street setback to screen the equipment from the public view along Stonybrook
Drive. Any decision by staff regarding said plans may be appeafed to the Planning Commission as a
Reports and Recommendations item." Said information shall be specifically shown on plans submitted
for building permits.
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 '
Planning Department marked Exhibit Nos.1 through7 and as conditioned herein.
17. 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. 1, 2, 3, 4, 10, 12 and 15 above mentioned, shall be
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. 7hat 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine #hat 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.
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 delays in the issuance of required permits or the revocation of the approval of this application.
-3- PC2006-37
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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 - General" 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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CHAIRMAN, ANAHEIM PLANNING COMMISSION
. ATTEST:
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D~(
SENIOR ECRETARY,'ANAHEI PLA G COMMISSION
STATE OF CAUFORNIA ) :
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 Planning 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
1N WITNESS WHEREOF, I have hereunto set my hand this /y~~y of
, 2006.
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SENIOR S CRETARY, ANAHEIM P ANNI OMMISSION