Resolution-PC 2014-055RESOLUTION NO. PC2014 -055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05736 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00047)
(328 NORTH STANTON AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2014 -05736 to permit a 50 -foot high telecommunications antenna concealed in a decorative tower
at an existing hotel (herein referred to as the "Proposed Project ") for certain real property located
at 328 North Stanton Avenue in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 0.66 acre, is developed with a
three story hotel. The Anaheim General Plan designates the Property for Regional Commercial
land uses. The Property is located within the General Commercial (C -G) Zone. As such, the
Property is subject to the zoning and development standards described in Chapter 18.08 (General
Commercial Zone) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 14, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against said proposed
Conditional Use Permit No. 2014 - 05736, 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 repair, maintenance, and /or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15311 (Class 11 — Accessory Structures)
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 with respect to the request for Conditional Use Permit No. 2014 - 05736, does find
and determine the following facts:
1. The request to permit a telecommunications tower that exceeds the maximum height
requirement in the General Commercial (C -G) Zone is properly one for which a conditional use
permit is authorized by Section 18.38.060.050.0511 (Supplemental Use Regulations) of the
Code.
- 1 - PC2014 -055
2. The request to permit a telecommunications tower that exceeds the maximum height
requirement would not adversely affect the surrounding land uses and the growth and
development of the area in which it is proposed to be located because the Proposed Project will
be located in a tower structure that matches the existing hotel; and
3. The size and shape of the site for the proposed telecommunications tower 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 site can accommodate the telecommunications
tower without creating detrimental effects on adjacent properties.
4. The traffic generated by the Proposed Project will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because no traffic
will be generated by this unmanned telecommunications facility; and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed
Project will be compatible with the surrounding land uses.
6. Alternatives were provided to staff, including but not limited to additional and /or
different locations and designs, and has determined that the application as approved would have
a lesser impact on the aesthetics and welfare of the surrounding community as compared to other
alternatives;
7. Based on the evidence presented, the additional height above the maximum building
height for the applicable zone is reasonably necessary for collocation of facilities or for the
efficient operation of the proposed facility; and
8. Any negative impacts of the proposed facility are properly mitigated.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 - 05736, contingent upon and 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(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
-2- PC2014 -055
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 14, 2014. 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.
P
CHAIRMAN, PLANNING C MMISSION
OF THE CITY OF ANAH
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3 - PC2014 -055
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 14, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of July, 2014
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2014 -055
EXHIBIT "A"
DEV2014- 00047
1 APN: 258- 011 -22
z
0
z
CITY OF BUENA PARK
ter+
257.94 CITY OF ANAHEIM
391.94'
d
w
rm
Q
Z
2
Q
tta
�"
C7
to
z
Source: Recorded Tract Maps and /or City GIS.
r ,
Please note the accuracy is +/- two to five feet.
-5- PC2014 -055
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05736
(DEV2014- 00047)
-6- PC2014 -055
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
The portion of the property being leased to the telecommunication
Planning
provider shall be permanently maintained in an orderly fashion by
Department, Code
providing regular landscape maintenance, removal of trash or
Enforcement
debris, and removal of graffiti within twenty -four (24) hours from
Division
time of occurrence.
2
The telecommunications tower shall not exceed 50 feet in height.
Planning
Department,
Planning Services
Division
3
The telecommunications facility may continue indefinitely and
Planning
shall be limited to the design as specifically identified on the
Department,
approved exhibits. No additional antennas or equipment cabinets
Planning Services
shall be permitted without the approval of the Planning Services
Division
Manager of the Planning Department and /or his or her designee.
4
No signage, flags, banners or any other form of advertising shall be
Planning
attached to the antennas, the transmission tower structure or the
Department, Code
accessory equipment building.
Enforcement
Division
5
The telecommunications equipment operator shall ensure that its
Police Department
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.
The telecommunications equipment operator shall resolve all
interference complaints within twenty -four (24) hours.
GENERAL
6
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
Division
-6- PC2014 -055
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
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.
8
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
-7- PC2014 -055