Resolution-PC 2007-138~ ~
RESOLUTION NO. PC2007-138
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATiNG AND APPROVING CONDITIONAL USE PERMIT NO. 3950,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC97-100, AS PREVIOUSLY AMENDED
(1110 EAST ORANGEFAIIZ LANE)
WHEREAS, on July 21, 1997, the Anaheim City Planning Commission, by its Resolution
No. PC97-100 granted Conditional Use Permit No. 3950 to retain and modify a legal nonconforming
telecommunications monopole antenna at 1110 Orangefair Lane; and that Condition No. 1 of said
resolution specifies that the use is approved for a period of 5 years to expire on July 21, 2002; and
WHEREAS, on July 29, 2002, the Anaheim City Planning Commission, by its Resolution
No. PC2002-113 granted reinstatement of Conditional Use Permit No. 3950 to retain a
telecommunications monopole and accessory ground-mounted equipment at 1110 Orangefair Lane;
and
approval:
WHEREAS, said Resolution No. PC2002-113 includes the following condition of
"1. That this conditional use permit shall expire on July 21, 2007."
WHEREAS, this property is currently developed with an industrial building, the
underlying zoning is I(Industrial); the Anaheim General Plan designates this property for Industrial
land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit to modify or delete a condition of approval pertaining to a
time limitation to retain a previously-approved telecommunications antenna with accessory ground-
mounted equipment pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for
certain real property situated in the City of Anaheim County of Orange, State of California, described
as:
LOT 2 OF TRACT 6383, AS PER MAP RECORDED IN BOOK 224, PAGE 48 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COLJNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 29, 2007, 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 "Procedures", to hear and consider evidence for and against said proposed amendment
and to investigate and make findings and recommendations in connection therewith; and
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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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, or to the public peace, health, safety and general welfare.
4. With regard only to any deletion of a time limitation, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area, and that the periodic review of the use is no longer
necessary.
5. That the existing use at the time of approval was properly one for which a conditional
use permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
7. That the size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety.
8. That the traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the facility is
unmanned.
9. That the granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no one 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; and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3950 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously
approved 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated does hereby reinstate Conditional Use Permit No 3950 to permit a
telecommunications monopole with accessory ground-mounted equipment on property located at 1110
East Orangefair Lane.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in there entirety of Resolution No. PC97-100 pertaining to Conditional Use
Permit No. 3950 as follows:
1. That this telecommunications facility shall be limited to a maximum of sixty one (61) foot
high telecommunications monopole, with three (3) sectors consisting of four (4) panel antennas per
sector with maximum dimensions of four (4) feet in height by one (1) foot in width on the existing
tower, and an accessory ground-mounted equipment enclosure. No additional antennas shall be
permitted without the prior approval of the Planning Commission.
2. That the monopole structure shall remain painted white to blend with and match the
surrounding structures.
3. That the height of the monopole shall not exceed the height of the attached antenna arrays
at any time. If the arrays are lowered, the monopole height shall be reduced to correspond to the
height of the antenna arrays.
4. That the cable connecting the equipment shall be underground, or shall be screened or
located so as not to be visible to the public.
5. That the Operator of this use (the "Operator") shall ensure that this installation and choice
of frequencies will not interfere with the eight hundred (800) MHz radio frequencies required by the
City of Anaheim to provide adequate spectrum capacity for public safety and related purposes.
6. That within one (1) month from the approval date of this resolution, the Operator shall
provide a single point of contact in its Engineering and Maintenance Departments to ensure continuity
on all interference issues. The name, telephone number, fax number and email address of that person
shall be provided to the City's designated representative.
7. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or
any other user of the facility, shall comply with these conditions of approval.
8. That if this telecommunication facility is sold, within one (1) month from the close of
escrow the Planning Services Division of the City of Anaheim Planning Department shall be notified.
9. That all equipment, including supply cabinets and power meter, shall be installed and
maintained on private property and shall be screened from public view, as reviewed and approved by
the Planning Services Division.
10. That the subject property shall be developed substantially in accordance with the 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 4, and as conditioned herein.
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11. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Code and any other applicable City, State and
Federal regulations. Approval does not include and action or findings as to compliance or approval of
the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No.
PC97-100 remains in full force and effect.
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 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 29, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal. , ,
CHAIRMA~ ANAHEIM PL~ANNING COMMISSION
ATTEST:
ARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 29, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ , 2007.
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SECRETARY, ANAHEIM PLANNING COMMISSION
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