Resolution-PC 2014-011RESOLUTION NO. PC2014 -011
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05712
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00123)
(480 NORTH GLASSELL STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission "), did receive a verified petition for Conditional Use Permit No. 2013-
05712 to permit a 50 -foot high ground- mounted stealth telecommunications antenna, designed
as a "monopalm" (herein referred to as the "Proposed Project "), on that certain real property
located at 480 North Glassell Street in the City of Anaheim, generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property "), pursuant
to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and
WHEREAS, the Property is approximately 1.3 -acres in size and is developed with a
nightclub building. The Property is located within the the Northeast Area Specific Plan,
Development Area 5 — Commercial Area (SP94 -1, DA5) zone. The Anaheim General Plan
designates the Property for General Commercial land uses; and
WHEREAS, on January 27, 2014, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Chapter 18.60 of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2013 - 05712, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the Proposed Project is within that class of projects which consist of
the new construction and location of limited numbers of new, small facilities or structures, or the
installation of small new equipment and facilities in small structures, and that, therefore,
pursuant to Section 15303 of Title 14 of the California Code of Regulations, the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 pertaining to the request for Conditional Use Permit No. 2013 - 05712, does find and
determine the following facts:
1. The request to construct a 50 -foot high stealth telecommunications facility
on an existing nightclub property is properly one for which a conditional use permit is
authorized under Section 18.120.100.050.0511 (Communications Stations and Antennas)
of the Code.
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2. The stealth telecommunications facility will not adversely affect the
surrounding land uses, or the growth and development of the area in which it is proposed
to be located because the project has been designed to be compatible with surrounding
commercial and residential uses because it will be located within a landscaped yard area
and surrounded by a grove of palm trees so as to visually blend into the surrounding
environment.
3. The size and shape of the site for the stealth telecommunications facility is
adequate to allow the full development of the proposed use, in a manner not detrimental
to either the particular area or health and safety because the project has been designed to
comply with all Code requirements, including structural height, landscaping, and the
installation of new palm trees to screen the facility.
4. The traffic generated by the stealth telecommunications facility will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area because the number of vehicles entering and exiting the site is
consistent with typical commercial businesses that would be permitted as a matter of right
within the SP94 -1, DA5 zone.
5. The granting of Conditional Use Permit No. 2013 -05712 under the
conditions imposed will not be detrimental to the health and safety of the citizens of the
City of Anaheim and will provide a land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05712 at the Property, subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions
for further time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Code. 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, (ii) the modification complies with
the Code, and (iii) the applicant has demonstrated significant progress toward establishment of
the use or approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2013 -05712 are
approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment
of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the
Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05712
constitutes approval of the proposed request only to the extent that it complies with the Zoning
Code of the City of Anaheim 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.
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BE IT FURTHER RESOLVED that the 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 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CITY PLA IN COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary 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 January 27, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of January,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00123
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O o '0 ioa Source: Recorded Tract Maps and /or City GIS.
�
Feet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05712
(DEV2013- 00123)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO
ISSUANCE OF A BUILDING PERMIT
1
The proposed telecommunications antenna shall be limited to a
Planning
maximum of fifty (50) feet in height. Said information shall be
Department
specifically shown on plans submitted for building permits.
2
The equipment cabling shall not be visible to public view. All
Planning
equipment cabling shall be routed inside of the structure and
Department
shall be screened from view. Said information shall be
specifically shown on plans submitted for building permits.
GENERAL CONDITIONS
3
The applicant shall be responsible for paying all charges related
Planning
to the processing of this discretionary case application within 30
Department
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 may result in the revocation of the approval
of this application.
4
The telecommunications facility shall be subject to the
Planning
following conditions of approval:
Department
• The facility shall be limited to the design as specifically
identified on the approved plans. Said information shall be
specifically shown on plans submitted for building permits.
No additional antennas or equipment cabinets shall be
permitted without the approval of the Planning Services
Manager of the Planning Department and /or his or her
designee.
• The portion of the property being leased to the
telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and
removal of graffiti within twenty -four (24) hours from time
of occurrence.
• No signage, flags, banners or any other form of advertising
shall be attached to the antennas, the transmission tower
structure or the accessory equipment building.
• All equipment, including supply cabinets and power meter
shall be screened from public view as required by the
Planning Department. Furthermore, clinging vines shall be
planted adjacent to the equipment enclosure in order to
screen any wall associated with the facility and prevent
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graffiti.
• The telecommunications equipment operator shall ensure
that its installation and choice of frequencies will not
interfere with the 800 MHz radio frequencies required by the
City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
• Before activating its facility, the telecommunications
equipment operator shall submit to 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 telecommunications
equipment operator.
• The telecommunications equipment operator shall resolve
all interference complaints within twenty -four (24) hours.
• The telecommunications equipment 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 e -mail
address of that person shall be provided to the Planning
Services Division.
• The telecommunications equipment 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.
5
The telecommunications facility shall be limited to the design
Planning
and developed substantially in accordance with plans and
Department
specifications submitted by the applicant to, and approved by,
the City of Anaheim, which plans are on file with the Planning
Department and as conditioned herein.
6
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
Department
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and /or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
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