Resolution-PC 2006-42`~ ~
RESOLUTION NO. PC2006-42
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO: 2006-05082 BE GRANTED
(1650 SOUTH NINTH STREET)
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 SOUTHERLY 175.00 FEET OF tOT 3 IN BLOCK 13 OF THE SUBDIVISION OF THE
SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4 SOUTH; RANGE 10 WEST, S.B.B: AND
NI., AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, W THE :
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did holda public hearing at the Civic Center in the
City ofAnaheim on May 15, 2006, af2:30 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 studymadeby 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 applicant's 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
Ninth Street 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 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 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\PC2006-42 ` -1- PC2006-42
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has,reviewed the proposal to permit a telecommunications antenna on an existing Southern
California Edison tower with accessory ground-mounted equipment; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the iead 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 :
subsfantial evidence that the project will have a significant effect on the environment,
NOW, THEREFORE, BE 1T RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the #ollowing conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That this telecommunications facility shall be limited to no more six (6) sectors with no more than one
(1) panel antenna on each sector, a24-inch diameter microwave dish, and a 6-inch high, 3-inch wide
.GPS antenna, on the existing electrical lattice tower with accessory ground-mounted equipment.
The six (6) antennas shall be limited to an operating center height of 59 feet. No additional antennas
` or equipment cabinets shall be permitted without the approval of the Planning Commission at a
noticed public hearing. Said information shall be specifically shown on the plans submitted by
building permits.
2: That the antennas shall be finished and painted to match the existing electrical lattice tower
structure. If the finish or color of the tower is modified, the antennas shall be modified accordingly.
Said information shall be specifically shown on the plans submitted by building permits.
3. 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. Thaf 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
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.
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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 applicant shall obtain a Right-of-Way Construction Permit from the Public Works ,
` Department for any work within the publicright-of-way, including but not limited to installation of
conduit; cable, and electrical service lines.
12. This condition of approval was deleted at today's public hearing. ,
13. That 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 the antennas or to
the transmission tower structure.
15. That,a final landscape and equipment enclosure plan indicating an 8=foot high decorative wrought
iron fence shall be submitted to the Planning Services Division for'review and approval. Any
decision bystaff regarding said plans may be appealed 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 through 4 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 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. That prior to final building and zoning inspections, Condition Nos. 5, 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 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.
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.:
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' THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 15, 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 ~~.~ j'~
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- CHAIR N, A AHEIM PLANNING COMMISSION
ATTEST:
~~~:
SENIOR SECRETARY,ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 15, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO '
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~h d~- day of
, 2006.
L~ I
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION