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Resolution-PC 2015-072RESOLUTION NO. PC2015-072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05817 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00073) (5800 EAST SANTA ANA CANYON ROAD) 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. 2015- 05817 to permit a 51 -foot high, ground -mounted Wireless Communications Facility designed as a bell tower at a church (herein referred to as the "Proposed Project") located at 5800 East Santa Ana Canyon Road 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 6.2 acres, is developed with a church. The Anaheim General Plan designates the property for Low Density Residential land uses. The Property is located in the "T" Transition Zone and is subject to the zoning and development standards of Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"). The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply to the Property and supersede any inconsistent regulations of the "T" Transition Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property and the Proposed Project are subject to the zoning and development standards described in Chapter 18.14 (Public and Special Purpose Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 21, 2015 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. 2015-05817, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2015-072 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 11 — Accessory Structures) 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 of the CEQA Guidelines, 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. 2015-05817, does find and determine the following facts: 1. The request to permit a 51 -foot high ground -mounted Wireless Communications Facility designed as a church bell tower in the "T" Transition Zone is an allowable use under Section 18.14.030 (Uses) of the Code subject to a conditional use permit and the placement, design and screening criteria set forth in paragraph .0511 of Subsection .050 (Design Standards) of Section 18.38.060 (Antennas — Telecommunications) of the Code. 2. The request to permit a 51 -foot high ground -mounted Wireless Communications Facility designed as a church bell tower will 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 an identical bell tower that is similar in height; and 3. The size and shape of the site for the proposed 51 -foot high Wireless Communications Facility designed as a church bell 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 facility 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 locations were provided to staff, including but not limited to additional and/or different locations and designs, and it 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 - 2 - PC2015-072 8. Any negative impacts of the proposed facility are properly mitigated since the bell tower would be designed to look similar to the existing bell tower. 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 by the Planning Commission, for the reasons stated herein above, that Conditional Use Permit No. 2015-05817 is hereby approved, 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. - 3 - PC2015-072 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 21, 2015. 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 September 21, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: DALATI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of September, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-072 EXHIBIT "A" DEV NO. 2015-00073 SPNTP. PNP N W Q U _Q Ln E AVENIDA PORTOLA O o so ioo Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015-072 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05817 (DEV2015-00073) - 6 - PC2015-072 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the Planning & Building telecommunication provider shall be permanently maintained Department, in an orderly fashion by providing regular landscape Code Enforcement maintenance, removal of trash or debris, and removal of graffiti Division within twenty-four (24) hours from time of occurrence. 2 The ground -mounted Wireless Communications Facility Planning & Building designed as a church bell tower shall not exceed 51 feet in Department, height. Planning Services Division 3 The wood fence screening the equipment shall be painted to Planning & Building match the existing church. Department, Planning Services Division 4 Clinging vines shall be planted and maintained on the wood Planning & Building fence equipment enclosure. Department, Planning Services Division 5 No signage, flags, banners or any other form of advertising shall Planning & Building be attached to the antennas, the transmission tower structure or Department, the accessory equipment building. Code Enforcement Division 6 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. - 6 - PC2015-072 - 7 - PC2015-072 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL 7 The Wireless Communications Facility shall be developed Planning & Building substantially in accordance with plans and specifications Department, submitted to the City of Anaheim by the petitioner and which Planning Services plans are on file with the Planning Department, and as Division conditioned herein. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Director of the Planning Department and/or his or her designee. 8 The Applicant shall defend, indemnify, and hold harmless the Planning & Building City and its officials, officers, employees and agents Department, (collectively referred to individually and collectively as "Indemnitees") Planning Services from any and all claims, actions or Division 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. 9 The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning Services building permits for this project, whichever occurs first. Failure Division 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. - 7 - PC2015-072