Resolution-PC 2003-152• •
RESOLUTION NO. PC2003-152
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04693 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, Counry of Orange, State
of California, described as:
PARCELI:
THAT THE PORTION OF SECTION 6 AND 7, TOWNSHIP 4 SOUTH, RANGE 8 WEST
AND OF SECTON 12, TOWNSHfP 4 SOUTH, RANGE 9 WEST, IN THE RANCHO
SANTIAGO DE SANTA ANA, CITY OF ANAHEIM, COUNTY OR ORANGE, STATE OF
CALIFORNIA BEING ALSO A PORTION OF THE LAND ALLOTTED IN THE PAULA
PERALTA DE DOMINGUEZ AND TO TRINIDAD PERALTA DE MARGUEZ, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO
DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN THE BOOK "B",
PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17T" JUDICIAL
DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOW S:
COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
-.- - SH.OWN. AT NORTH 56° 05' 25" EAST- 1-974.9-1 EEET ON A MAP -FILED lN B~OK 91
PAGE 40 OF RECORDS OF SURVEYS ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 20° 04' 13" EAST 3864.03
FEET TO THE NORTHWESTERLY CORNER OF PARCEL FIVE AS PER DEED TO
THE CITY OF ANAHEIM, RECORDED NOVEMBER 19, 1964 IN BOOK 7309 PAGE 776
OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE BOUNDARY OF SAID PARCEL FIVE SOUTH 88° 00' 00" EAST 90.52
FEET AND NORTH 190.95 FEET TO THE NORTHWEST CORNER OF THE LAND AS
DESCRIBED IN DEED TO THE CITY OF ANAHEIM, RECORDED NOVEMBER 2, 1967
IN BOOK 8424 PAGE 140 OF SAID OFFICIAL RECORDS, SAID NORTHEAST
CORNER ALSO BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION,
THENCE CONTINUING ALONG THE BOUNDARY ~F SAID PARCEL FIVE THE
FOLLOW ING COURSES; NORTH 159.57 FEET, SOUTH 84° 30' 00" EAST 37.00 FEET,
EASTERLY 68094 FEET ALONG A TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 39° 30' 00",
TANGENT TO SAlD CURVE NORTH 56° 00' 00" EAST 549.00 FEET, NORTH 34° 00'
00" WEST 8.00 FEET, NORTH 56° 00' 00" EAST 213.50 FEET AND NORTHEASTERLY
153.59 FEET ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 220.00 FEET THROUGH A CEPVTARL ANGLE OF 40° 00' 00"; THENCE
LEAVING SAID BOUNDARY ALONG THE FOLLOWING COURSES: NORTH 150.00
FEET, W EST 1011.79 FEET, NORTH 17° 42' 58° W EST 512.11 FEET, W EST 110.00
FEET, SOUTH 54° 23' 44" WEST 498.12 FEET, NORTH 51° 07' 42" WEST 375.68
FEET, NORTH 27° 22' 03" EAST 821.15 FEET, NORTH 786.00 FEET, NORTH 87° 25'
47" WEST 980.98 FEET, SOUTH 70° 08' 46" WEST 191.38 FEET, NORTH 45° 20' 56"
WEST 231.93 FEET, SOUTH 58° 03' 22" WEST 100.17 FEET, SOUTH 22° 50' 00"
WEST 103.08 FEET, SOUTH 24° 18' 17" EAST t70.07 FEET, SOUTH 8° 36' S5" EAST
166.89 FEET, SOUTH 10° 57' 15" WEST 315.75 FEET, SOUTH 58° 45' 39" WEST
356.72 FEET, WEST 802.00 FEET, NORTH 39° 58' 16", WEST 354.92 FEET, NORTH
84° 11' 08" WEST 276.42 FEET, SOUTH 24° 21' 00" WEST 254.66 FEET, SOUTH 37°
59' 56" EAST 121.82 FEET, SOUTH 63° 30' 06" WEST 385.50 FEET, NORTH 54° 56'
27" WEST 278.54 FEET, SOUTH 83° 53' 43" WEST 376.13 FEET, SOUTH 53° 05' 14"
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WEST 266.40 FEET, SOUTH 30° 08' 29" WEST 358.47 FEET, SOUTH 57° 48' 14"
WEST 159.53 FEET, NORTH 76° 15' 49" WEST 370.60 FEET, SOUTH 54° 41' 10"
WEST 350.25 FEET, SOUTH 48° 28' 12" EAST 451.00 FEET, SOUTHEASTERLY
344.72 FEET ALONG A TANGENT CURVE CONCAVE NORTFiEASTERLY HAVING A
RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 32° 55' 05" TANGENT
TO SAID CURVE SOUTH 81° 23' 17" EAST 378.79 FEET, SOUTHEASTERLY 309.93
FEET ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 29° 35' 46" TANGENT
TO SAID CURVE SOUTH 51° 47' 31" EAST 270.62 FEET, NORTH 38° 12' 29" EAST
378.15 FEET, EAST 1052.36 FEET, SOUTH 9° 10' 31" EAST 413.00 FEET, SOUTH 13°
15' 54" EAST 47.00 FEET, NORTH 76° 44' 06" EAST 6.61 FEET, SOUTHEASTERLY
534.64 FEET ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 51° 03' 15", NON-
RADIAL TO SAID CURVE NORTH 39° 47' 42" EAST 347.33 FEET, NORTHEASTERLY
243.14 FEET ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 321.00 FEET THROUGH A CENTRAL ANGLE OF 43° 23' 52",
NORTHEASTERLY 108.56 FEET ALONG A RESERVE CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 1579.00 FEET THROUGH A CENTRAL
ANGLE OF 3° 56' 21" RADIAL TO SAID CURVE SOUTH 10° 44' 47" EAST 42.00 fEET,
NORTH 75° 58' 08" EAST 106.50 FEET, NORTH 76 45 00 EAST 200.00 FEET,
EASTERLY 499.91 FEET ALONG A TANGENT CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 570.00 FEET THROUGH A CENTRAL ANGLE OF 50° 15' 00"
TANGENT TO SAID CURVE SOUTH 53° 00' 00" EAST 509 FEET AND
SOl1THEA~T€R~Y 418:87 FE€T A~~AI~- -a TAN~ENT CURVE CONCAUE
SOUTHWESTERLY HAVING A RADIUS OF 570.00 FEET THROUGH A CENTRAL
ANGLE OF 42° 06' 14" TO THE INTERSECTION OF A LINE PARALLEL WITH A 10.00
FEET SOUTHERLY OF THE SOUTHWESTERLY PROLONGATION OF THAT
CERTAIN COURSE CITED AS "SOUTH 79° 00' 00" WEST 30.00 FEET" FOR THE
NORTHWESTERLY LINE OF PARCEL SEVEN OF SAID DEED RECORDED IN BOOK
7309 PAGE 776 OF OFFICIAL RECORDS; THENCE ALONG A LINE THAT IS
PARALLEL AND CONCENTRIC WITH AND 10.00 FEET SOUTHERLY OF SAID
NORTHWESTERLY LINE THE FOLLOWING COURSES: NORTH 79° 00' 00" EAST
59.56 FEET, NORTHEASTERLY 198.97 FEET ALONG A TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 400.00 FEET THROUGH A
CENTRAL ANGLE OF 28° 39' 99" AND TANGENT TO SAID CURVE NORTH 50° 30' 00"
EAST 199.32 FEET TO THE EASTERLY LINE OF SAID PARCEL SEVEN; THENCE
ALONG SAID LINE SOUTH 33° 30' 00" EAST 113.80 FEET TO THE NORTHWEST
CORNER OF THE LAND AS DESCRIBED IN SAID DEED RECORDED IN BOOK 8424
PAGE 140 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE
THEROF SOUTH 88° 57' 00" EAST 172.29 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
THAT PORTION OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE
RANCHO SANTIAGO DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA BEING ALSO A PORTION OF THE LAND ALLOTTED TO
PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGEMENTS OF THE DISTRICT
COURT OF THE 17T" JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
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COMMENCING AT A POINT IN THAT LINE SHOWN AS HAVING A BEARING OF
NORTH 66° 33' S6" EAST AND A LENGTH 1689.54 FEET ON RECORD OF SURVEY,
RECORDED IN BOOK 91, PAGE 40 OF RECORDS OF SURVEYS IN THE OFFICE OF
SAID COUNTY RECORDER WHICH POINT IS NORTH 66° 33' 56" EAST, THERON
485.81 FEET FROM THE SOUTHWESTERLY TERMINUS THEREOF; THENCE AT
RIGHT ANGELS, SOUTH 23° 26' 04" EAST, 2998.86 FEET TO THE TRUE POINT OF
BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 21° 26' 38" WEST
197.94 FEET; THENCE SOUTH 3° 26' 03" EAST, 250.43 FEET; THENCE SOUTH 36°
05' 05" EAST, 365.03 FEET; THENCE SOUTH 70° 14' 32" EAST, 260.33 FEET;
THENCE SOUTH 9° 46' 13" WEST, 306.44 FEET, THENCE SOUTH 77° 45' 34" WEST,
726.65 FEET; THENCE NORTH 7° 50' 18" WEST, 397.68 FEET; THENCE NORTH 50°
29' 25" WEST, 421.25 FEET, THENCE NORTH 25° 04' 18" WEST, 377.58 FEET;
THENCE SOUTH 82° 59' 25" WEST, 614.60 FEET, THENCE NORTH 288.24 FEET,
THENCE NORTH 44° 18' 13" EAST, 393.72 FEET; THENCE NORTH 15° 30' 23" EAST,
277.63 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE OF
SAID CURVE BEARS SOUTH 15° 30' 23" WEST THROUGH SAID POINT, THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUHG A CENTRAL ANGLE OF 6° 43'
40" AN ARC DISTANCE OF 72.19 FEET, THENCE TANGENT SOUTH 81° 23' 17"
EAST, 378.79 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 29° 35' 46" AN ARC DISTANCE OF 309.93
FEET; THENCE TANGENT SOUTH 51° 47' 31" EAST, 270.62 FEET TO A TANGENT
-- CIJRVE ~~NGAV€ N~RTH€A~T~R.~-Y--HA-V-IN.~- A..RA- D.IU~ OF 794.00-F~~T; 7HENG€
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 45'
51" AN ARC DISTANCE OF 232.32 FEET; THENCE TANGENT SOUTH 68° 33' 22"
EAST, 15.69 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 22, 2003 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 conditional use permit and
to investigate and make findings and recommendations in connection therewith; and that said public
hearing was continued to the October 6, October 20 and November 17, 2003, Planning Commission
meetings; and
WHEREAS, said 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to wit: to permit a telecommunications antenna and
microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment
with waiver of the following:
Section 18.21.063.010 - Minimum front vard setback.
2. That the waiver of minimum front yard setback is hereby denied because it was deleted
following public notification.
3. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located;
and that the equipment shelter will be screened from the public right-of-way by landscaping and the
antennas will be painted to match the existing tower structure.
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4. That the size and shape of the site is adequate to allow full development of the proposal
in a manne~ not detrimental to the particular area nor to the peace, health, safety and general welfare;
and that the site contains existing Southern California Edison electrical towers which allow opportunity for
the co-location of telecommunications facilities on the existing tower without building separate facilities,
thereby minimizing impacts to the surroundings.
5. That because this is an unmanned facility with infrequent maintenance, the traffic
generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting 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; and
that the use will contribute to an essential and effective wireless communications network system.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
--- are h~reby fo~nd-to be a-neEessary pcere4~isit~-.to-.tk~~-.pr-opo~~d..us~. of .the subje~t .property in. order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That this conditional use permit shall expire five (5) years from the date of this resolution on
November 17, 2008.
2. That the telecommunications facility shall be limited to thirty two (32) feet, two (2) inches in height,
with three (3) sectors consisting of two (2) panel antennas per sector with dimensions of five (5) feet,
six (6) inches in length by eight (8) inches in width and two (2) inches thick on the existing tower;
and a twenry four (24) inch diameter microwave dish at a height of twenry six (26) feet on the tower;
and accessory ground-mounted equipment. Said information shall be specifically shown on the
plans submitted for building permits. No additional antennas or equipment cabinets shall be
permitted without the prior approval of the Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice 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.
4. That the portion of the property being leased to the telecommunication 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.
5. That no signs, flags, banners or any other form of advertising shall be attached to the antennas,
transmission tower structure, or accessory equipment building.
6. That the cable connecting the equipment shall be underground and shall not be visible to the public.
The ground-mounted equipment shall match in color and texture the adjacent block wall and said
information shall be specifically shown on the plans submitted for building permits.
7. That the 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.
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8. That at all times, other than during the 24-hour cure period provided in Condition No. 10, below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capaciry on Citys
800 MHz radio frequency.
That prior to 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.
10. That the Operator shall provide a 24-hour telephone number to which interference problems may be
reported, and shall resolve all interference complaints within twenty four (24) hours.
11. That the 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 City's designated representative.
12. That the Operator shall ensure that all its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms and conditions of this conditional use permit.
13. That additional landscaping shall be provided in the area of the equipment shelter and specified on
the building plans submitted to the Zoning Division for review and approval. The on-site landscaping
plan shall include types, sizes and locations of plants intended to screen the equipment enclosure.
Following approval, the landscaping shall be planted and maintained in accordance with the plan,
~nd.-th~ i.r-r-iga.tio~- system sk~all-be-rX-aintained in comptiance with-City sta~dar-ds.
14. That landscaping shall be maintained and immediately replaced in the event that it becomes
diseased or dies.
15. That grading shall conform to the requirements of Chapter 17.06 (Grading, Excavations and Fills in
Hillside Areas) of the Anaheim Municipal Code. Prior to commencing construction, the grading plan
shall be submitted to the Public Works Department for review and approval.
16. That the subject properry 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 Exhibit Nos. 1 through 6, and as conditioned herein.
17. 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, 6, 10, 11, 13 and 15, above-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
18. That prior to final building and zoning inspections, Condition Nos. 9 and 16, above-mentioned, shall
be complied with.
19. That approval of this application constitutes approva! 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 finding as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and defermine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and alf of the conditions hereinabove set forth. Should any such condition, or any part thereof,
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be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shail be deemed null and void.
THE FOREGOING RESOLUTION was adopted at tl~e Planning Commission meeting of
November 17, 2003. ~
PERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOE~: COIVIMISSIONE-RS: BOSTWICK -
ABSENT: COMMISSIONERS: FLORES
/--~I
IN WITNESS WHEREOF, I have hereunto set my hand this ~~/ - day of
, 2003.
R SE~iETARY, ANAHEIM CITY PLANNING COMMISSION
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