Resolution-PC 2006-47i ~
RESOLUTION N0. PC2006-47 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05090BE GRANTED
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:
LOT 43 OF TRACT NO. 8463, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 392, PAGE(S) 28
THROUGH 31 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
AF SAID ORANGE COUNTY, CALIFORNIA.
WHEREAS the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 31, 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 stutly made by 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 47 feet from
Canyon Rim Road furthe~ 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 infrequeni 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
detrimenta{ to the heatth 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 2 people 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 SCE 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
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basis of the initiai 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That this telecommunications #acility shall be limited to no more than three (3) sectors with no more than
two (2) panel antennas on each sector 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 an operating center height of 30 fieet. Said information shall be specifically shown on the plans
submitted by building permits. No additional antennas or equipment cabinets shall be permitted without
the approval of the Planning Commission at a noticed pu6lic hearing.
2. That the antennas shall be finished and painted to match the existing electrical tattice tower structure. If
the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information
shall be specificalJy shown on the plans submitted by building permits.
3. That that ground-mounted equipment shall be located entirely within the enclosure 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 forbuilding 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 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 cfose of escrow.
10. That twelve (12)15-gallon Photinia fraseri and twenty-three (23) 5-gallon Tecomaria capensis shall be
ptanted to screen the expansion of the existing equipment shelter from Canyon Rim Road and indicated `
on building plans submitted for review and approval by the Planning Services Division. The on-site
landscaping plan shall include type, size, and location of planting materials intended to screen the
equipment enclosure. Once approved, the landscaping shall be installed and maintained in accordance
with the plan and the irrigation system shall be maintained in compliance with City standards.
11. 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. :
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12. , That the applicant shall obtain a Right-of-Way Construction Permit from the Public Works Department
for anywork within the public right-of-way, including but not limited to installation of conduit, cable, and
electrical service lines.
13. That portion of the property being leased to the telecommunication providershall 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 the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2003-
04693 (to permit a telecommunications antenna and microwave dish on an existing electrical
'transmission tower and accessory ground-mounted equipmenfwith waiver of minimum front yard
setback) to the Zoning Division. :
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 7 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. 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 Resofution 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 retated
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 31, 2006. Said resolution is subject to the appeal provisions set forth i apter 18.60,' "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining t cedur ` y be replaced
by a City Council Resolution in the event of an appeal. ~
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C RMA , N EIM PLANNING COMMISSION
ATTEST: ~
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SENIOR SECRETARY, qNAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. :
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do fiereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 31, 2006, by the following vote of the members thereof:
`AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
VACANT: COMMISSfONERS: ONE VACANCY
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IN WITNESS WHEREOF, I have hereunto set my hand this ~Ca day of
e~n , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISStON