Resolution-PC 2006-79~ •
RESOLUTION NO. PC2006-79
A RESOLUTION OF THE ANAHEIM RLANNING COMMISSION
THAT PETITION FOR GONDITIONAL USEPERMIT NO. 2006-05125 BE GRANTED
; (500 SOUTH ANAHEIM HILLS 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 Cafifornia,
described as .
PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK 121, PAGE 47 OF
PARCEL: MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said public hearing having been dufy 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 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 stealth building-mounted telecommunications
facility with accessory ground-mounted equipment is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section Nos. 18.08.030.040 (Antennas - Stealth Building-Mounted)
and 18.38.060.050.0512 (Supplemental Uses - Antennas Telecommunications).
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 since the new facility would be
designed to minimize the visual impact and would incorporate similar building materials as the adjacent
existing roof-mounted facility, and the proposed accessory ground-mounted equipment would match the
architectural elements and building materials of the existing medical office building.
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 building and the new equipment facility would not reduce the number
- of parking spaces provided since it would be located in an existing landscaped planter.
: 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 contributes to an
essential and effective wireless communication network system in a manner that would blend in with the
existing facilities.
6. That a person spoke with questions/clarification pertaining to the subject request; and that
no correspondence was received in opposition to the subject petition.
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PC2006-79
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Pianning
Commission has reviewed the proposal; and does hereby approve the NegativeDeclaration 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 thapublic 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That the telecommunications facility shall be limited #o three (3) sectors consisting of five {5) panel
antennas per sector for a total of fifteen (15) antennas and accessory ground-mounted equipment.
The maximum height of theroof-mounted facility shall be 44 feet. No additional antennas or
equipment cabinets shall be permitted without the prior approval of the Planning Commission. Said
information shall be specifically shown on plans submitted for building permits.
2. That all ground-mounted equipment shall be located entirely within the 10-foot high equipment
enclosure 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.
3. 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.
4. That the Operator shall ensure its installation and choice of frequencies will not interfere within the 800
MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for ,
public safety and related purposes.
5. That before activating this facility, the Operator shall submit 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 the Operator.
6. 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 interterence problems may be reported, and
shall resolve all interference complaints within 24 hours.
7. 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.
8. That should this telecommunications facility be sold, the Planning Services Division shall be notified
within 30 days of the close of escrow.
9. That any required relocation of City electrical facilities shall be at the applicanYs expense. Landscape
and/or landscape screening of all pad-mounted equipment shall 6e required and shall be specifically
shown on plans submitted for building permits.
10. 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 limited to installation of conduit, cable, and
electrical service lines.
PC2006-79
_ • •
11. That the portion of the property being leased to the telecommunications provider shail be permanently
maintained in an orderly fashion providing for removal of trash and. debris, and removal of graffiti within :
' twenty-four (24) hours of discovery.
12. That no signs, flags, banners, or any other form of'advertising shall be attached to the antennas or to
#he transmission tower structure. -
13. That a final landscape and equipment enclosure plan shall be submitted to thePlanning Services
Division for review. The walls of the equipment enclosure shall be protected from graffiti opportunities
by the use of plant materiais such as minimum one-gallon size clinging vines planted on maximum 3-
foot centers or tall shrubbery. : Said information shall be specifically shown on the plans submitted for
_building permits.
14. That said colors and materials shal(match the texture and color of the building to ensure a seamless
appearance.: The stealth enclosure shallbe approved in the field priorto final building and zoning
' inspections. Any needed modifications to the enc{osure shaN be made prior to final sign off by the
Planning Services Division on the building permit. Said enclosure shallbe maintained continuously in
: a"like-nev~' condition.
15. That timing forcompliance 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 establishmen# of the use or approVed
development.
16. That subject property shall be developed substantially in accordance with pfans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, 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, 3,13 and 14, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim MunicipaL
18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 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 requirement.
BE IT FURTHER RESOLVED tha# the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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 #his 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- PC2006-79
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 18, 2006. Said resolution is subject to the appeai provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Gode pertaining to appeal procedures and may be replaced
by a City Council Resolution in the eVent of an appeal.
CHAIRMAN, NA IMPLANNING COMMISSION
ATTEST:
/G7~Ziy~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
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 September 18, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: NONE
f I WITNESS WHEREOF, I have hereunto set my hand this ~- ~~~ day of
~t ~ , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION