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RESOLUTION NO. PC2004-111
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDfTIONAL USE PERMIT N0: 2004-04886 BE GRANTED
-' (SCE EASEMENT`- NO ADDRESS)
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, County of Orange, State of '
California, described as
THAT PORTION OF LOT 24 OF TRACT NO. 1~7, AS PER MAP RECORDED IN BOOK 11,
PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
BEGINNING AT A POINT W THE EAST LINE OF SAID TRACT NO. 117, SAID 'POINT
' BEING NORTH 0° 38' 53" EAST 2045:63' FEET, , MEASURED ALONG SAID EAST LINE,
FROM A FOUND 9 INCH BY 9 INCN POINT, REPLACING A 4 INGN BY 4 INCH STAKE
SHOWN ON RECORD OF SURVEY REGORDED IN BOOK 11, PAGE 24 OFRECORDS OF
SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
SOUTH 23° 16' 30" WEST 193.52 FEET; THENCE SOUTH 0° 15' 49" EAST 89.55 FEET TO
THE SOUTH LINE OF SAID LOT 24; THENGE SOUTH 89° 07' 00" EAST 73.03 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 24; THENCE NORTH 0° 38' S3: EAST 268:46
FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the CivicCenter in
the City of Anaheim on September 20, 2004, 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
18.60, 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 ; :
W HEREAS, 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 18.14.030.0402.
2. That the proposed use, under the conditions imposed, w+ll not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located; the antennas
will be painted to match the existing tower structure and the equipment will be blended into the hillside
surroundings and not visible from public view.
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety; and that the site contains existing
Southern California Edison fattice towers which allow the opportunity for the co-location of
telecommunications facilities on the existing tower without building separate facilities, thereby minimizing
impacts to the surroundings.
4. 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.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimentaf to the heafth and safety of the citizens of the City of Anaheim and that the use wil{ contribute to
an essential and effective wireless communications network system.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT.FINDING: .
That the Anaheim City Planning Commission has reviewed the proposal to permit a cellular
telecommunication facility on an existing Edison lattice tower with accessory ground-mounted equipment
and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the 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 grant subject Petiiion for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order topreserve the
heafth and safety of the Citizens of the City of Anaheim:
1. That this permit shall expire five (5) years from the date of this resolution on September 20, 2009.
2. That the telecommunications facility shall be limited to 3 sectors consisting of 2 panel antennes per
sector at a height of 39 feet on the lattice tower with dimensions of 5%Z feet in length by 8 inches and 2
inches thick, flush-mounted on the existing tower; and a 24-inch diameter microwave dish at a height of
50 feet on the tower, and accessory ground-mounted equipment. Said information shall be specifically
shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be
permitted without the approval of the Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice fower structure. Jf the finish
or color of the lattice tower is modified, the antennas shall be modified accordingly. Said information
shall be specifically shown on 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 by providing regular landscape maintenance, removal of trash or
debris, and removal of graffiti within finrenty-four (24) hours from time of occurrence.
5. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the
transmission tower structure or the accessory equipment building.
6. That the cable connecting the equipment shall be underground and shall not be visible to the public and
shall be specifically shown on plans submitted for building permits.
7. That all equipment, including supply cabinets and power meter shall be installed on private property and
shall be screened from public view as required by the Planning Department. The developer shall obtain
a Right of Way Construction Permit from 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.
8. That grading shall conform to the requirements of Chapter 17.06 of the Anaheim Municipal Code. A
grading plan approved by the City Engineer and a grading permit are required prior to any grading
activities or construction of retaining walls.
9. 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.
10. That before activating its 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 all interference complaints shall be resolved within 24 hours.
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12. 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-mai( address of that person shall be provided to City's designated represenfative.
13. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user:of
the facility, shall comply with'the terms and conditions of this permit.
14. This item was deleted at the public hearing.
15. This item was deleted at the public hearing. '
16. That the following notes shall be indicated on the grading and building plans and continuously complied
with during all grading and construction activities:
• To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting
gnafcatchers shall occur during the breeding season (February 15 through July 15).,: It is expressly
understood thatthis provision and the remaining provisions of these "construction-related mitigation
measures" are subject to public health and safety considerations. These considerations include
unexpected slope stabilization, erosion control measure and emergency facilityrepairs. ln the event
of such public health and safety circumstances, landowners or public agencies/utilities wip provide
USFWS/CDFG with the maximum practicable notice (or such notice as is specified in the '
NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens and any other CSS identified Species
that are not otherwise flushed and will carry out the following measures only to the extent as
practicable in the context of the public health and safety considerations.
• Prior to the commencement of grading operations or other activities involving significant soil
disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall be
identified with temporary fencing or other markers clearly visible to construction personneL
Additionally, prior to the commencement of grading operations or other activities involving
disturbance of CSS, a survey will be conducted to locate gnatcatchers and cactus wrens within 100
feet of the outer extent of projected soil disturbance activities and the locations of any such species
shall be clearly marked and identified on the construction/grading plans.
• A monitoring biologist, acceptable to USFWS/CDFG, shall be on site during any clearing of CSS.
The landowner or relevant public agency/utility shall advise USFWS/CDFG at least seven (7)
calendar days (and preferably fourteen (14) calendar days) prior to the clearing of any habitat
occupied by Identified Species to allow USFWS/CDFG to work with the monitoring biologist in
connection with bird flushing/capture activities. The monitoring biologist will flush Identified Species
(avian or other mobile Identi~ed Species) from occupied habitat areas immediately prior to brush-
clearing and earth-moving activities. If birds cannot be flushed, they will be captured in mist nets, if
feasible, and relocated to areas of the site to be protected or to the NCCP/HCP reserve system. It
shall be the responsibility of the monitoring biologist to assure that Identified bird species will not be
directly impacted by brush-clearing and earth-moving equipment in a manner that also allows for
construction activities on a timely basis.
• Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be
avoided by construction equipment and personnel will be marked with temporary fencing or other
appropriate markers clearly visible to construction personnel. No construction access, parking or
storage of equipment or materials shall be permitted within such marked areas.
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 Exhibit Nos. 1 through 3, 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; 6, 7,14, 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.
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17. That prior to final building and zoning inspections, Condition No. 10, 92 and 17, above-mentioned, shaU
be complied with.
18. 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 1T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each '
and a1f 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.
THE FOREGOING RESOLUTION was adopted at thePlanning Commission meeting of ,
September 20, 2004. 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, ANAHEIM CITY PLANNING COMMISSION
ATTES •
SENIOR SEC ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: VANDERBILT-LINARES
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ y of
, 2004. /J „ n „ _ „
ENIbR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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