Resolution-PC 2014-065RESOLUTION NO. PC2014 -065
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05740 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00057)
(1515 WEST NORTH STREET)
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 -05740 to permit a 50 -foot high, Wireless Communications Facility designed as a monopalm
at a community center (herein referred to as the "Proposed Project ") for certain real property
located at 1515 West North Street 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 3.0 acres, is developed with a
community center. The Anaheim General Plan designates the Property for Medium Density
Residential land uses. The Property is located within the Multiple - Family Residential (RM -4)
Zone. As such, the Property is subject to the zoning and development standards described in
Chapter 18.06 (Multiple Family Residential Zones) 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 August 11, 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 - 05740, 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 construction, or placement of minor structures accessory to (appurtenant to)
existing commercial, industrial, or institutional facilities, 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 - 05740, does find
and determine the following facts:
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L The request to permit a a 50 -foot high Wireless Communications Facility designed as
a monopalm that exceeds the maximum height requirement in the Multiple - Family Residential
(RM -4) Zone is properly one for which a conditional use permit is authorized by Sections
18.06.030 (Multiple - Family Rsidentail Zones) and paragraph .0511 of subsection .050 (Design
Standards) of Section 18.38.060 (Antennas — telecommunications) of the Code.
2. The request to permit a 50 -foot high Wireless Communications Facility designed as a
monopalm 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 an area of the Property containing other
palm trees that are similar in height; and
3. The size and shape of the site for the proposed 50 -foot high Wireless
Communications Facility designed as a monopalm 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 monopalm 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 surrounding land uses.
6. Alternatives were provided to staff, including but not limited to additional and /or
different locations and designs. Staff has determined and this Planning Commission hereby
finds 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 co- location of facilities or for the
efficient operation of the proposed Wireless Communications Facility; and
8. Any negative impacts of the proposed Wireless Communications 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 - 05740, 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.
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 August 11, 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.
C A AN, PLANNI MMISSION
OF-THE CITY OF ANANFJM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 August 11, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00057
W CATALPA AVE
APN: 034- 460 -33
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232'
W NORTH ST
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0 w r, Source: Recorded Tract Maps and /or City GIS.
r Please note the accuracy is +1- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05740
(DEV2014- 00057)
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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
Routine scheduled maintenance of the Wireless Communications
Planning
Facilty, other than emergency repair or service, shall be limited to
Department,
the hours of 7 a.m. to 10 p.m., daily.
Planning Services
Division
3
The Wireless Communications Facility designed as a monopalm
Planning
shall not exceed 50 feet in height.
Department,
Planning Services
Division
4
The equipment enclosure shall be painted to match the existing
Planning
block wall located on the east property line.
Department,
Planning Services
Division
5
Clinging vines shall be planted and maintained on the equipment
Planning
enclosure.
Department,
Planning Services
Division
6
The Wireless Communications Facility may continue indefinitely
Planning
and shall be limited to the design as specifically identified on the
Department,
approved plans and exhibits on file with the City. No additional
Planning Services
antennas or equipment cabinets shall be permitted without the
Division
approval of the Planning Services Manager of the Planning
Department and/or his or her designee.
7
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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8
The Wireless Communications Facility equipment operator shall
Police Department
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. The Wireless Communications Facility equipment
operator shall resolve all interference complaints within twenty -four
(24) hours.
GENERAL
9
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
10
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.
11
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 pen or
may result in the revocation of the approval of this application.
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