Resolution-PC 2006-62~
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' RESOLUTION NO. PC2006-62
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE`PERMIT NO. 2006-05099 BE GRANT~D
(2137 EAST CERRITOS AVENUE)
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:' :
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, CONVEYED TO NEVILLE CHEMICAL ~
COMPANY BY DEED DATED APRIL 5, 1957 AND RECORDED IN BOOK 3896, PAGE 111, OF
OFFIClAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH BRASS CAP MARKED S.C.E. CO. L.S: 2619
BURIED 12 INCHES BELOW THE SURFACE OF THE GROUND AND BEING SET 1N THE
WESTERLY LINE OF THE LAND CONVEYED BY SAID DEED, SAID IRbN PIPE BEING
SOUTH 00° 18' 43" EAST MEASURED ALONG SAID WESTERLY LINE 62.54 FEET, FROM A 2
INCH IRON PIPE WITH BRASS CAP MARKED "S.C.E. CO., L.S. 2619" AND BURIED 12 .
INCHES BELOW THE SURFACE OF THE GROUND AND SET FOR THE NORTHEAST
CORNER OF THE LAND DESCRIBED AND DESIGNATED AS PARCEL 1 IN THAT CERTAIN
ACTION RLED AS CASE NO. 92806' OF THE SUPERIOR COUR~" OF THE STATE -0F
CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE; THENCE FROM SAID POINT OF
BEGINNING NORTH 77° 31` 38" EAST 715.56 FEET, MORE OR LESS, TO A 2 INCH IRON .
PIPE WITH BRASS CAP MARKED "S.C.E. CO., L.S. 2619" AND BURIED 12 INCHES BELOW
THE SURFACE OF THE GROUND AND SET IN THE EASTERLY LINE OF SAID SOUTH HALF
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, SAID
LAST MENTIONED 2 INCH IRON PIPE BEING SOUTH 00° 18' 28" EAST 82.43 FEET,
MEASURED ALONG SAID EASTERLY LINE FROM A 2 INCH IRON PIPE WITH BRASS CAP
MARKED "SC.E.CO., L.S. 2619" BURIED 12 INCHES BELOW THE SURFACE OF THE
GROUND AND SET FOR THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THAT
CERTAIN R1GHT-0F-WAY EASTERLY, DATED OCTOBER 11, 1960 FROM WILLIAM L.
KLENCK, ET AL., TO SOUTHERN CALIFORNIA EDISON COMPANY AND RECORDED W
BOOK 5456, PAGE 178 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY
RECORDER.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 26, 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 conditionaf 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 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 applicanYs proposal to permit a telecommunications facility on an existing
transmission tower with accessory ground-mounted equipment is properly one for which a conditiona! use
permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.040.0402 and 18.38.060.
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PC2006-62
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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 towerlocated 73.5 feet from Cerritos
Avenue 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 ~ocated 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 bend in with the existing
facilities.
6. That no one ind'+cated their presence at said publichearing 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; 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 fhe 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That this telecommunications facility shall be limited to no more than three (3) sectors with no more than
two (2) panel antennas on each sector on the existing transmission tower and accessory ground-
mounted equipment. The six (6) antennas shall be limited to a maximum height of 65 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 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 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 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.
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6. Thaf before activating this facility, the Operator shall submit to a post-installation test to conficm that the
facility does not intertere 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 aU 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 shalf be required and shall be specifically
shown on plans submitted for building permits.
11: That the applicant shaU 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 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.
13. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the
transmission tower structure.
14. That a final landscape and equipment enclosure plan indicating an 6-foot high decorative wrought iron
fence around the equipment, and the applicant shall exercise best efforts to maintain a minimum of ten
(10) feet of landscaping from the nursery stock in the street setback to screen the equipment from the
public view along Cerritos Avenue. Any decision made by staff 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.
15. 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 Exh+bit Nos. 1 through 4 and as conditioned herein.
16. 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, 11, and 14, 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.
17. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7 and 15, above mentioned, shall
be complied with.
18. 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.
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19. That timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that'satisfies the original intent and
purpose of the condition(s), (ii} the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
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 payall 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
June 26, 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 PRO TEMPORE, ANAHEIM PLANNING COMMISSION '
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIF~RNIA )
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 June 26, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EAS7MAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION