Resolution-PC 2006-89~ !
' RESOLUTION NO. PC2006-89' -
ARESOLUTION OF THE ANAHEIM PLANNIN~ COMMISSION
'THAT PETITIONFOR CONDITIONAL USE PERMITNO. 2006-05135 BE GRANTED
(2460 EAST KATELLA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verifietl Petition for.Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL A: PARCEL'1 AND PARCEL 3 IN THE CITY OF ANAHEIM, COUNTY OF
-0RANGE, STATE;OF'CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 220,
PAGE(S) 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF THE`COUNTY RECORDER
OF SAID COUNTY.
PARCEL B: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF GALIFORNIA, AS SHON ON A MAP RECORDED iN BOOK 220, PAGES 42 AND 43 OF
PARCEL MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the CiVic Center in the
Cify of Anaheim on' October 30, 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; a~d
WHEREAS, said Commission, after due inspection, investigatiorr and study made by itself
and in its behalf, and after due consideration of all evidence andreports offered at said hearing, does find
and determine the following facts:
1. That the request to permit ground mounted telecommunications facilities disguised as Jight
poles on an existing parking structure and accessory equipment is properly one for which a conditional use
permit is authorizedby Anaheim Municipal Code under authority of Code Section 18.08.030.040.0402
(Antennas - Stealth Ground -Mounted) and 18.38.060 (Antennas - Telecommunications). In addition, the
Stealth Building-Mounted antenna within the parking structure is permitted under authority of Code Section
18.38.060.030.
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 the proposed accessory ground-mounted equipment would be
located within the parking structure itself and not visible from public view.
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
facifity would be located on an existing parking structure and the new equipment facility would not reduce the
number of parking spaces provided within the parking structure. :
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 fhis conditional use permit will not, under the conditions imposed, be
detrimental to tfie hea{th 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 no one indicated their presence at said public hearing in opposition; and that no
,correspondence was received in opposition to the subjectpetition.
Cr\PC2006-89 -1- PC2006-89
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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#he 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 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 subjecY Petition for Conditional Use`Permit, upon the following conditions which are hereby
found to be'a necessary prerequisite to the proposed use of #he 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 to two new light poles at a maximum height of 24
feet on the roof of theparking structure with two (2} stacked panel antennas and two (2) sectors
mounted on the light fixture including a radome to cover the antennas,'which are painted to match the
ex~sting light fixtures: Jhe stealth building-mounted antennas shall be limited to three (3) sectors with
four,(4) panel antennas on each sector mounted behind a screen wall of the parking structure along ,
the northwest'elevation of the parking structure with an equipment enclosure directly behind the
antennas. No additional antennas or equipment cabinets shalLbe permitted without the prior approval
of the Planning Commission or staff for the Building-Mounted facility. Said information shaU be
specifically,shown on plans submitted for building permits.
2. That the ground-mounted equipment shal{ be located entirely within a wrought iron enclosure and the
cable connecting to the equipment "shatl be concealed and shall not be visible to the public. Said
information shafl 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. 7his 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 shal{ 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.
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 shoufd 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 applicant'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.
10. That the portion of the prope~ty being leased to the telecommunications provider shall 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.
11. That;no signs, #lags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure. '
-2- PG2006-89
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12. That colors and materials of the proposed screen wall ~shall match the fexture`and color of the parking
structure to ensure a seamless appearance. The two (2) proposed stealth building-mounted light poles
shaN be painted the same color as the existing light poles. All colors and materials shall be approved
in the field prior to final building and zoning inspections. Any needed modifications to the facilities shall
be made prior to final sign off by the Planning Services DiVision on the building permit. -
13. That subjecf property shaA be developed substantially in accordance with plans 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.
14. 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, and 9, above=mentioned, shall be complied with.
Extensions for further time to comp{ete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim MunicipaL
15. That prior to final building and zoning inspections, Contlition Nos. 5, 6, 12 and 13, above-mentioned, shall
be complied with. _
16: That approval of this application constitutes approval of the proposed request only to the extent that it
comp~ies 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. `
17. 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 ociginal 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 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 nu11 and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying afl charges related
to the processing of this discretionary case application within 15 days of the issuance ofthe 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
October 30, 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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~"' CHAIRMA , A AH PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM 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 hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
October 30, 2006, by the following vote of the members thereof:
AYES:' COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENfi COMMISSIONERS: NONE ' _
IN WITNESS WHEREOF, I have hereunto set myhand this I~ ~ day of
f'!!//ve n~btr , 2oos.
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SENIOR'SECRETARY, ANAHEIM PLANNING COMMISSION