Loading...
2002-257RESOLUTION NO. 2002R-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3070 AND AMENDING RESOLUTION NO. PC96-64. WHEREAS, on October 10, 1988, the Anaheim City Planning Commission did, by its Resolution No. PC88-288, grant Conditional Use Permit No. 3070 to permit a cellular phone transmission station with a 200-foot high microwave tower, subject to certain conditions of approval including Condition No. 13 which specified that development be in accordance with "Exhibit No. 1; provided, however, that a blinking light shall be installed and maintained at the top of the tower for aircraft safety purposes"; and WHEREAS, on July 8, 1996, the Planning Commission did, by its Resolution No. PC96-64, amend said Resolution No. PC88-288 to permit additional antennas for a total of 36 antennas on the existing communications tower; and that Condition No. 13 was amended to specify that development be in accordance with Revision No. 1 of Exhibit No. 1, and new Condition Nos. 16, 17, 18 and 19 were added; and WHEREAS, subject property is developed with a 199-foot high communication tower at 301 North Crescent Way and an industrial building; that the zoning is ML (Limited Industrial); and that the Anaheim General Plan Land Use Element designates the property for General Industrial land uses; and WHEREAS, the petitioner requested amendment of Conditional Use Permit No. 3070 to permit additional telecommunications microwave dishes on an existing communications tower; that the specific proposal is for an additional 60, two-foot diameter, flat panel microwave dishes and five, four-foot diameter, microwave dishes on the existing 199-foot high triangular lattice communications tower; and that the petitioner submitted plans (labeled Revision No. 2 of Exhibit No. 1, and Exhibit No. 2) to illustrate the proposed communications tower configuration; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 7, 2002, 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 and against said proposed amendment and to investigate and make findings in connection therewith; and WHEREAS, 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, did adopt its Resolution No. PC2002-157 amending Resolution Nol PC96-64 to permit 65 additional antennas for a period of ten years; and WHEREAS, thereafter, not less than two members of the City Council did set such matter for review within the time and manner provided by law thereby vacating the decision of the City Planning Commission; and WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of Anaheim on December 17, 2002, notice of said 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 and against said proposed amendment and to investigate and make findings and a decision in connection therewith; and WHEREAS, the City Council, 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, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Zoning Code Section 18.61.050.460 to wit: to permit additional telecommunications microwave dishes on an existing communication tower. 2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the use, as proposed to be amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as proposed to be amended, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 5. That amending 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 no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. - 2 - CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Council has reviewed the proposal to permit additional telecommunications microwave dishes on an existing communications tower and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3070 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 Council does hereby amend Resolution No. PC88-288, as amended by Resolution No. PC96-64 and adopted in connection with Conditional Use Permit No. 3070, to permit sixty five additional telecommunications microwave dishes on an existing communications tower; and BE IT FURTHER RESOLVED that the conditions of approval of Conditional Use Permit No. 3070 are amended in their entirety to read as follows: 1. That the entitlement for sixty five (65) additional antennas shall expire five (5) years from the date of this resolution on December 17, 2007. 2. That the maximum heights of a total of sixty (60) flat panel antennas /having maximum diameters of two (2) feet) on the existing communications tower shall be limited to the following: One hundred two (102) feet for eighteen (18) antennas. Eighty seven (87) feet for twenty one (21) antennas. Seventy-two (72) feet for twenty one (21) antennas. The maximum diameter of each flat panel antenna shall be two (2) feet. This information shall be specifically shown on the plans submitted £or building permits. No additional microwave dishes or antennas shall be permitted without the prior approval of the Planning Commission. 3. That the maximum heights of a total of five (5) microwave dishes on the existing communications tower shall be limited to the following: One hundred sixty two (162) feet for three (3) dishes. One-hundred forty seven (147) feet for one (1) dish. One-hundred thirty seven (137) feet for one (1) dish. The maximum diameter of each microwave dish shall be four - 3 - feet. This information shall be specifically shown on plans submitted for building permits. No additional microwave dishes or antennas shall be permitted without the prior approval of the Planning Commission. 4. That the microwave dishes shall be finished and painted to match the existing tower structure. If the finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted for building permits. 5. That the portion of the subject property being leased to the telecommunications provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 6. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or the communications tower. 7. That the cable connecting the equipment shall be underground and shall not be visible to the public; and that said information shall be specifically shown on the plans submitted for building permits. 8. That the operator of this conditional use (the "Operator") shall ensure that this installation and choice of frequencies will not interfere with the 800 MHz radio frequency required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 9. That at all times, other than during the twenty four (24) hour cure period provided in Condition No. 11, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City's 800 MHz radio frequency. 10. That before activating this facility, the 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 Operator. 11. That the Operator shall provide a twenty four (24) hour telephone number to the Zoning Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported; and that all interference complaints shall be resolved within twenty four (24) hours. 12. That the Operator shall identify a 'single point of - 4 - 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 City of Anaheim's designated representative. 13. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the conditions of approval herein. 14. That the installer shall obtain a right-of-way construction permit form the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable and electrical service lines. 15. That should this telecommunications facility be sold, the City of Anaheim shall be notified within thirty (30) days of the close of escrow. 16. That all equipment, including supply cabinets and power meters, shall be installed on private property and shall be screened from public view, as approved by the Zoning Division. Said information shall be specifically shown on the plans submitted for building permits. 17. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 (page 1 'North and East Elevations', page 2 'South and West Elevations', and page 3 'Site Plan') and Exhibit No. 2 (photo simulations 1 through 4), and as conditioned herein. 18. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 11, 12, 14 and 16, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition Nos. 10 and 17, above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. shall remain in full force and effect. - 5 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of December, 2002. MAYOR OF THE CITY OF ANAHEIM G~T-Y CLE~( O[f THE CITY OF ANAHEIM 47746.1 - 6 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-257 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of December, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAIN: MAYOR/COUNCIL MEMBERS: Tait C-~TY CLERt~' OF -rlr-I~ CITY OF ANAHEIM (SEAL)