Resolution-PC 2003-81~
RESOLUTION NO. PC2003-81
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2002-120 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2002-04551
WHEREAS, on August 12, 2002, the Anaheim Ciry Planning Commission did, by its
Resolution No. PC2002-120, grant Conditional Use Permit No. 2002-04551 to permit a
telecommunications antenna and microwave dish on an existing electrical transmission tower and
accessory ground-mounted equipment for a period of five years until August 12, 2007; and
WHEREAS, said Resolution includes the following conditions of approval:
16. 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 Exhibit Nos. 1(site plan, pages
1 and 2), 2(elevations, pages 1 and 2), 3(enhanced photograph of the subject
property showing the proposed installation) and 4(project area plan and equipment
layout); and as conditioned herein.
20. (a) That within a period of one (1) year from the date of this Resolution, the applicant
shall submit final landscaping plans to the Zoning Division for review and
_ appro.val showing a(1 Q~ foot wide landscaped planter along. Ston.ybrook Drive.
(b) That within a period of two (2) months following approval of the landscaping
plans, said landscaping shall be installed; and that the landscaping shall
thereafter be maintained in compliance with City standards.
WHEREAS, the project site is developed with two high voltage towers and a plant nursery
in the 265-foot wide Southern California Edison Easement; that the surrounding land uses are single-
family dwellings in the RS-7200 (Residential, Single-Family) Zone; that the zoning is RS-A-43,000
(Residential/Agricultural); and that the Anaheim General Plan designates the property for Low Density
Residential land uses; and
WHEREAS, the petitioner has requested amendment to the conditions of approval under
authority of Code Section 18.03.091 to reduce the width of the required landscaped planter along
Stonybrook Drive from 10 feet to 4 feet; that a Planting Plan (labeled Exhibit No. 5, pages 1 and 2)
showing groundcover, shrubs and clinging vines in the 4-foot wide planter area was submitted; that the
petitioner also proposes removing the existing 4-foot high chain link fence and installing a 4-foot high
green vinyl coated chain link fence behind and to the north of the landscaped planter to create a visual
buffer that blends with the proposed landscaping, and to remove any barbed wire attached to existing
fencing which is visible to adjacent residential properties and/or Stonybrook Drive; and that no other
revisions to the previously approved plans are proposed; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 2, 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 amendment and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued to June 16,
2003; 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:
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1. That the proposed use, as amended, will not adversely affect the adjoining land uses and
the growth and development of the area in which it located because the proposed 4-foot wide landscaped
planter with dense planting will provide adequate screening of the proposed use.
2. That the size and shape of the site for the proposed use, as 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.
3: That traffic generated by the proposed use, as amended, will not impose an undue burden
upon the streets and highways designed and improved to carry traffic in the area.
4. 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, but will
instead contribute to an essential and effective wireless communications network system.
5. That the proposed amendments to this Conditional Use Permit are necessary to permit
reasonable operation of the telecommunications facility as originally approved.
6. That amending this Conditional Use Permit will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
7. That the proposed amendment, including the imposition of an additional condition, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
¢ermit reasonable operation unde.r th.e conditional_ use permit as granted,. _.
8. 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 or his
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 amend Resolution No. PC2002-120, adopted in connection with Conditional Use Permit No. 2002-
04551, to amend the conditions of approval in their entirety to read as follows:
That this Conditional Use Permit shall expire on August 12, 2007.
2. That the telecommunications facility shall be limited to a maximum height of sixty five (65) feet with
three (3) sectors consisting of two (2) panel antennas per sector with maximum dimensions of four
and one-half (4%2) feet high by eight (8) inches wide and two and three-quarters (23/4) inches thick on
the existing tower; and a maximum twenty four (24) inch diameter microwave dish at a maximum
height of fifty (50) 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 and/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.
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5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
6. 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 for building permits.
7. That the operator of this use (the "Operator") shall ensure that this 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.
8. That at all times, other than during the 24-hour cure period provided in Condition No. 40 below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the city's
800 MHz radio frequency.
9. 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.
10. That the Operator shall provide a 24-hour telephone number to the Zoning Division (to be forwarded
to the Fire Department and Police Department) 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 contacY in its Engineering and Maintenance
Departrrte~t~s to ensuFe co~t~inuity o~-all inter~erence issues. ~he ~ame; telepho~e ~tumbe~, fax
number and e-mail address of that person shall be provided to City's designated representative.
12. That the Operator shall ensure that each of its contractors, sub-contractors, agents, and/or any other
ussr of ths facility, shal! comply ~Mith t!?ese conditions of approval.
13. l'hat 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.
14. That should this telecommunication facility be sold, the City of Anaheim shall be notified within thirty
(30) days of the close of escrow.
15. That all equipment, including supply cabinets and power meter shall be installed on private property
and shall be screened from public view, in the manner approved by the Zoning Division. Said
information shall be specifically shown on the plans submitted for building permits.
16. 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 Exhibit Nos. 1, 2, 3, 4 and 5; and as conditioned herein.
17. (a) That within a period of two (2) months from the date of this Resolution, the applicant shall
submit final landscaping plans to the Zoning Division for review and approval showing a
minimum four (4) foot wide densely landscaped planter along Stonybrook Drive.
(b) That within two (2) months following approval of the landscaping plans, said landscaping shall
be installed; and that the landscaping shall be maintained thereafter in a live and healthy
conditio~.
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18. That maximum six (6) foot high green vinyl coated chain link fencing shall be installed parallel to
Stonybrook Drive; and that the new fence shall be set back a minimum of four (4) feet from the
public right-of-way (i.e., north of the required landscaped setback).
19. 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 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 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, Condition No. 9, 16 and 18, above-mentioned,
shall be complied with.
21. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 16, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTES7:
0
SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Support Supervisor 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 June 16, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE POSITION
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003.
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
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