Resolution-PC 2003-88~
RESOLUTION NO. PC2003-88
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3571
FOR FIVE (5) YEARS UNTIL JUNE 29, 2008,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWITH
WHEREAS, on March 2, 1993, the Anaheim City Council did, by its Resolution No. 93R-39
grant Conditional Use Permit No. 3571 to permit a 75-foot high cellular telephone tower and unmanned
equipment building at 1527 East Broadway with waiver of required setback abutting a residential zone (20
feet required, 10 feet approved) for a period of five years until March 2, 1998; and
WHEREAS, on May 11, 1998, the Anaheim City Planning Commission did, by its Resolution
No. PC98-79, reinstate Conditional Use Permit No. 3571 and amend Condition No. 10 thereof to permit the
use for a period two years until March 2, 2000; and
WHEREAS, on February 28, 2000, the Planning Commission did, by its Resolution No.
PC2000-19, amend Resolution No. PC98-79, nunc pro tunc, to correct Condition No. 10 adopted in
connection with Resolution No. PC98-79; and
WHEREAS, this property is developed with subject cellular telephone tower and unmanned
equipment building on a portion of a city park (Lincoln Park); that the underlying zoning is CL (Commercial,
Limited); and that the Anaheim General Plan designates the property for Neighborhood Park Site land uses;
and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
the telecommunications monopole antenna and accessory ground-mounted equipment with waiver of
required setback abutting a residential zone under authority of Code Section 18.03.093 of the Anaheim
iViunicipai ~ode; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 16, 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
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 use, as proposed to be reinstated, is properly one for which a conditional use permit
is authorized by the Zoning Code.
2. That the proposal, as reinstated, will not adversely affect adjoining land uses and the growth
and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development of
the 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 will not impose an undue burden upon the streets and
highways designed and improved to carry traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
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6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council and Planning
Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in opposition to the request; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a telecommunications monopole antenna and accessory
ground-mounted equipment on property consisting of a landlocked 0.08-acre parcel located 520 feet north of
the centerline of Broadway between Lincoln Avenue and Broadway approximately 420 feet west of the
centerline of Wayside Place, being a portion of Lincoln Park, and further described as 1527 East Broadway;
and does hereby find that the Negative Declaration previously approved in connection with Conditional Use
Permit No. 3571 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 Planning Commission does
hereby amend Resolution No. 93R-39, adopted in connection with Conditional Use Permit No. 3571 and
amended by Resolution Nos. PC98-79 and PC2000-19, to reinstate Conditional Use Permit 3571 for five
yeaFS untiF June 29, 2EJ08; arrct -
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in their entirety to read as follows:
That this Conditional Use Permit shall expire on June 29, 2008, concurrent with the remaining five (5)
years on the term of the lease with the City of Anaheim. No additional reinstatements of this
Conditional Use Permit for a`non-stealth' facility shall be permitted in this location.
2. That the telecommunications facility shall be limited to a maximum height of seventy five (75) feet with
three (3) sectors consisting of four (4) panel antennas per sector with maximum dimensions of four (4)
feet in height by one (1) foot in width on the existing tower, and accessory ground-mounted equipment.
No additional antennas shall be permitted without the prior approval of the Planning Commission.
3. That the number of dishes and antennas shall be limited to those shown on Exhibit No. 1. Any
additional dishes or antennas shall be subject to further Planning Commission review and approval.
4. That the petitioner shall maintain an encroachment license with the Real Property Section of the Public
Works Department.
5. That security lighting shall be maintained on the building in a manner which prevents light from glaring
into adjacent residences to the north. Security lights shall not be installed on the tower. Said security
lights shall be shown on the plans submitted for building permits.
6. That no emergency on-site generator(s) shall be permitted.
7. That landscaping shal{ be maintained in accordance with plans on file in the Planning Department.
8. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of
trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
That no signage, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
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10. 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 pubtic safety and related purposes.
11. That at alt times, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
12. That within thirty (30) days from the approval of this Resolution, the Operator shall provide a 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 24
hours.
13. That within thirty (30) days from the approval of this Resolution, the Operator shall provide a'single
point of contacY 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 the City's designated representative.
14. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with these conditions of approval.
15. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be
notified within thirty (30) days from the close of escrow.
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 through 5, and as conditioned herein.
17. 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 the Anaheim City 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.
16, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Osbeiia 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 I~{ day of ,
2003.
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
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