Resolution-PC 98-177RESOLUTION NO. PC98-177
A FtESOLUTION OF THE RNAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDlTIONAL USE PERMIT NO. 4047 BE GRANTED FOFt FIVE (5) YERRS
WHEREAS, the Anaheim City 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 SUBDIVISION
MAP RECORDED IN BvOK 392, PAGES 28 THRGUGH 31, INCLUSIVE,
OF NISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY RECORDER.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM,
OTHER Hl'DROCARBON SUBSTANCES AND ALL UNDERGROUND
WATER IN OR UNDtR OR WHICH MAY BE PRODUCED FROM SAID
LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 550 FEET
BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE
OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT,
PRODUCTION, EXTRACTION AND TAKING OF SAId MINERALS, OIL,
GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER FROM SAID LAND BY MEANS OF iv11NE8, WELLS, DERRICKS
AND ~THER EQUIPMENT FROM SURFACE LOCATIONS ON
ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE
ABOVE-DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE
OWNER OF SUCH MINERALS, OIL, GRS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE
SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE
ABOVE-DESCRIBED LAND OR ANY PORTION THEREOF ABOVE SAID
PLANE PARALLEL TO AND 550 FEET BELOW THE PRESENT
SURFACE OF THE SAID LAND FOR ANY PURPOSE WHA7SOEVER.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 9, 1898 at 1:30 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
18.03, to hear and consider evidence for 2nd against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meetings of August 31, September 14, September 28 and October 12, 1998; and
WHEREAS, said Commission, after due inspeution, investigation and study made by
itself and in its behalf, and after due consideration of ali evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to construct telecommunication antennas on an existing
lattice tower structure (Southern California Edison Co.) and ground-mounted accessory antennas
equipment.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in ~vhich it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development oF the proposal in a manner not detrimental to the particular area nor to the peace, heallh,
safety and general welfare.
CR3474PK.DOC -1- PC98-177
4. That the lraffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to ~arry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That five (5) people indicated their presence at the public hearing in opposition to the
proposal; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct telecommunication antennas on an existing
lattice tower structure (Southern California Edison Co.) and ground-mounted accessory antennas
equipment on a irrec~ulariy-shaped, 3.05-acre property with a frontage of 545 feet on the south side of
Canyon Rim Road, a maximum depth of 295 feet, and being located 180 feet west of the centerline of
Fairmont Boulevard (6900 East Canyon Rim Road); and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgement 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 City Planning Commission
does hereby grant subject Petition for Conditionai Use Permit for a period of five (5) years, upon the
following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
~;ubject property in order to preserve the safeh~ and general welfare of the Citizens of the City of Anaheim:
1. That the telecommunications antennas shall be approved for a period of five (5) years from the date
of this resolution, to expire on November 9, 2003.
2. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 98-99-5, now pending.
3. That only three (3) antenna arrays with two (2) antennas each nay be located on the existing tower
at a maximum height of sixty six (66) feet; and that one (1) GPS-type antenna shall be mounted to
the one hundred twenty degree (120°) sector or located on the proposed accessory ground-
mounted equipment. Said information shall be specifically shown on pians submitted for building
permits. No additional antennas shall be permitted without the approval of the Planning
Commission.
4. That the antennas shall be finished and painted to match the existing lattice tower structure. That if
the finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specifically shown on plans submitted for building permits.
~. That the final plans for location, elevations and materials for screening (including all proposed
landscaping) of ground-mounted equipment shal( be submitted to the Zoning Division for review and
approval by the Planning Commission as a"Reports and Recommendations" item. Said plans shall
include adequate landscaping to thoroughly screen the proposed equipment location.
6. That, in the event that any Coastal Sage Scrub (CSS) is proposed to be removed as a part of
developing this facility, the petitioner shall provide the Planning Department with a site plan showing
the extent of Coasta/ Sage proposed for removal. Further, prior to any Coastal Sage Scrub
removal, the petitioner shall provide the City with evidence of payment of mitigation fees to the
Natura( Community Conservation Program (NCCP) Non-Profit Corporation and/or other evidence
showing authorization of the take by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG). Additionaliy, the petitioner shal( comply with the following
mitigation measures in compliance with the County of Orange's Natural Community Conservatian
Program (NCCP) requirements for the mitigation of removal of CSS habitat:
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(i) To the maximum extent practicable, no grading of CSS habitat that is occ~pied by nesting
gnalcatchers will occur during the breeding season (February 15 through July 15). it is
expressly understood that this provision and the remaining provisions of these
"construction-related mitigation measures" are subject to public health and ~safety
considerations. These considerations include unexRected slope stabilization, erosion
control measure and emergency facility repairs. In the event of such public heaith and
safery circumstances, landowners or public agencies/utilities will provide USFWS/CDFG
with the maximum practicable no;ice (or such notice as is specified in the NCCP/HC?) to
allow for capture of gnatcatchers, cactus wrens and any other CSS identified Species that
are not otherwise flushed and will carry out the following measures only to the e;ctent as
practicable in the context of the public health and sa~ety considerations.
{ii) Prior to the commencement of grading operations or other activities involvinc~ significant soil
disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP,
shail be identified with temporary fencing or other markers ciearly visibie to construction
involving disfurbance of CSS, a survey wiil be conducted to locate gnatcatchers and cactus
wrens within one hundred (100) feet of the outer extent of projected soil disturbance
activities and the locations of any such species shall be clearly marked and identified on the
construction/grading plans.
(iii) A monitoring biologist, acceptable to USFWS/CDFG, will be on site during any clearing of
CSS. The landowner or relevant public agency/utility will advise USFWS/CDFG at least
seven (7) calendar days (and preferably fourteen (14) calendar days) prior to the clearing of
any habitat occupied by Identified Species to aliow USFWS/CDFG to work with the
monitoring biologist in connection with bird flushing/capture ac;ivities. The monitoring
biologist wili flush identified Species (avian or other mobile identified Species) from
occupied habitat areas immediately prior to brush-clearing and earth-moving activities. If
birds cannot be flushed, they wili be captured in mist nets, if feasible, and relocated to
areas of the site to be protected or to the NCCP/HCP reserve system. It will be tho
responsibility of the monitoring biologist to assure thal Identified bird species will not be
directly impacted by brush-clearing and earth-moving equipment in a manner that also
aliows for construction activities on a timely basis.
(iv) Following the completion of initial grading/earth movement activities, all areas of CSS
habitat to be avoided by construction equipment and personnel will be marked with
temporary fencing or other appropriate markers clearly visible to construction personnel.
No conslruction access, parking or storage of equipment or materials wili be permitted
within such marked areas.
(v) In areas bordering the NCCP reserve system or special Linkage/Special Management
areas conYaining significant CSS identified in !he NCCP/HCP for protection, vehicle
transportaiion routes behveen cut-and-fill locations will be restricted to a minimum number
during construction consistent with project construction requirements. Waste dirt or rubble
will not be deposited on adjacent CSS identified in the NCCP/HCP for protection.
Preconstruction meetings involving the monitoring biologist, construction supervisors and
equipment operators will be conducted and documented to ensure maximum practicable
adherence to these measures.
(vi) CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius
of construction areas shall be periodically sprayed with water to reduce accumulated dust
on the leaves as recommended by the monitoring biologist.
7. That no signage, flags, banners, or any other form of advertisfng shail be attached to the antennas.
8. That prior to issuance of a building permit or within a period of one (1 j year from the date of th(s
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5 and 6, above-mentioned, shall be
compiied with.
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9. That this property shall be developed substantially in accordance with plans and specifications
submitted to the Gity of Anaheim by the petitioner and which plans are on flle with the Planning
Department, marked Revision No. 1 of Exhibit No. 1, 2, 3, 4, 5 and 6, and as conditioned herein.
10. That prior fo final building and zoning inspections, Condition No. 9, 2bove-mentioned, shall be
complfed with.
11. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable City, State, and
Federal regulations. Appraval does not include any action or findings as to compliance or approval
of the request regarding any other appUcable ordinance, regulatfon or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and ail of the conditions hereinabove set forth. Shouid any such condition, or ~ny 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 9, 1998.
~Ce~ G'a;2~c~.~~J
HAIR ERSON PRO-TEMP E,
ANAHEIM CITY PLANNING COMMISSION
A7TEST:
~ sa2c~.-,.~ ~^-~--c~-~.~n~
SECRETARY, ANAHEIM CIN PLANNING COMMISSlON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Se;,retary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 9, 1998, by the following vote of the members thereof:
AYES: COMMISSf(~NERS: BOSl1,ti'ii:K, BOY!iSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRIS70L
IN WITNESS WHEREOF, I havu hereunto set my hand this ~S day of
-r~~9..a-. , 1998.
;,~ s~~
Sl:CRETARY, ANAHEIM CITY PLANNING COMMISSION
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