Resolution-PC 2005-117~ ~
RESOLUTIONNO. PC2005-117
' ARESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR GONDITIONAL USE PERMITNO. 2005=05002 BE GRANTED ,
(1621 SOUTH EUCLID STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain`real property situated in the City of Anaheim, County of Orange, State`of California,
described as: ;
PARCEL 1: LOT 11 OF TRACT NO. 3177; IN THE CITY OF'ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAPRECORDED IN BOOK 96; PAGES 47 AND 48
OF MISCELLANEOUS MAPS, IN :THE OFFICE OF` THE COUNTY RECORDER OR SAID
COUNTY.
PARCEL 2: THAT PORTION OF THE NORTHEAST ''/4 OF THE SOUTHEAST '/4 OF
SECTION 20, TOWNSHIP'4 SOUTH, RANGE 10 WEST, IN THE CITY OF RANCHO,LOS
COYOTES AND LOS BOLSAS, SAN' BERNARDINO BASE AND MERIDIAN, DESCRIBED AS
FO~LOWS:
BEGINNING AT A POIN? IN THE EAST LINE OF SAID SECTION, 1358.97 FEET NORTH ALONG ,
SAID 11NE FROM THE SOUTHEAST _ CORNER OF SAID SECTION, SAID ' POINT OF
BEGINNING BEING THE POINT OF FROM THE' SOUTHEAST CORNER OF SAID SECl'ION, ,
SAID:POWT OF INTERSECTION OF l'HE CENTERLWE OF THE TRACKS OF THE SOUTHERN
PACIFIC RAILROAD AS SAID 'RAILROAD IS SHOWN ON A LICENSES . SURVEYOR'S MAP
FILED IN BOOK 17, PAGE 27'OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, WITH THE EAST LINE OF SAID SECTION;
THENCE WEST ALONG THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD, 1324.33
FEET, MORE OR LESS, TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE '
PARCEL OF LAND CONVEYED TO CHARLES J. BIDDLE, A MARRIED MAN, BY DEED FILED
MARCH 15, 1943, AS INSTRUMENT NO. 10019, IN THE OFFICE OF THE REGISTRAR OF
- TITLES OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 55' EAST ALONG SAID -
EXTENDED WEST LINE 333.90 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF
SAID PARCEL OF LAND SO CONVEYED TO CHARLES J. BIDDLE; THENCE SOUTH89° 05'
EAST ALONG THE SOUTHERN LINE OF SAID LAND SO CONVEYED TO BIDDLE;' 1323.30
FEET, MORE OR LESS, TO THE SOUTHEAST CORNER 7HEREOF BEING A POINT IN THE
EAST LINE OF SECTION 20; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION, :
321.43 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPT THERE FROM THAT PORTION LYING WITHIN THE RIGHT OF WAY OF THE
SOUTHERN PACIFIC RAILROAD COMPANY. '
ALSO EXCEPT THAT PORTION OF SAID LAND INCLUDED WiTHIN TRACT 3177, AS PER MAP
RECORDED IN BOOK 96, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on August 8, 2005, 2005 at 2:30 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
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 petitioner's proposal to permit a telecommunications facility on an existing electrical _
transmission tower with accessory ground-mounted equipment is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.010 and 18.38.060.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
g p ' p p located because the proposal co-
locates hehprop sed ant nnas on an exist ng el ctr al transmiss on owe~reducing the cumulative visual clutter
of such #acilities.
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 as the telecommunication #acility
- would be co-located on a site that already accommodates electrical lattice towers.
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, by detrimental
, to the health and safety of the citizens of the City of Anaheim and that the use will confribute 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 1'hat the"Anaheim Planning
Commission has reviewed the proposal to permit a#elecommunications facility on an existing electrical '
transmission 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 #he 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 #hat the Anaheim Planning Commission does hereby
grant subject Petition 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 to preserve the safety and general
welfare of the Citizens of the City of Anaheim: '
1. That the telecommunication facility is approved for a period of five (5) years to expire August 8, 2010.
2. That this telecommunication facility shall be limited to no more than three (3) sectors with four (4) panel
antennas on each sector on the existing electrical lattice tower with accessory ground-mounted equipment.
The three (3) sectors shall be limited to a height of fifty-five (55) feet in height. No additional antennas or
equipment cabinets shall be permitted without the prior approval of the Planning Commission at a noticed
public hearing.
3. That the antennas shall be finished and painted to match the existing electrical latfice tower structure. If
the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information :
shall be specifically shown on the plans submitted by building permits,
4. That that ground-mounted equipment shall be located entirely within the enclosure and the cable
connecting to the equipment shall be underground and shall not be visible to the public. Said information
shall be specifically shown on plans submitted for building permits.
5. That all equipment, including supply cabinets and power meter shall be screened #rom the public right-of- '
way. Said information shall be specifically shown on plans submitted for building permits.
6. That the Operator shal( ensure that its installation and choice of frequencies will not interfere with in the
800 MHz radio frequencies required by the City ofAnaheim to provide adequate spectrum capacity for
public safety and related purposes.
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7. 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. ,
8. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the'Fire and Police Departments) to which interference problems may be reported, and shall
resolve all interference complaints within24 hours. - '
' 9. Thaf 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 the Planning Services Division.
10. That the Operatorshall ensure that any of its contractors, sub-contractors or agents,'or any`other user of
#he facility, shall comply:with the terms and conditions of this permit.
11. That should this telecommunication facility besold, the Planning Services Divisions shall be notified within
30 days of the close of escrow.
12. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown '
on plans submitted for building permits.
13. That the applicant 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.
14. That the routing of the telco and power runs shall be routed within the'property parallel to the existing
property line and then out to the power pole. Pullboxes shall be required where the conduits change
direction. Said information shall be specifically shown on plans submitted #or building permits.
15. That 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.
16. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the
transmission tower structure.
17. That a final landscape and fencing plans shall be submitted to the Planning Services Division for review
and approval. Said plan shall indicate the installation of a new 6-foot high chain link fence and rolling gate
outside of the required front setback along Euclid Street. The fence shall be covered with scrim or PVC
slats to screen the interior of the property from view. The landscape plan shall indicate the shrub Juniperus
Sabina planted every five (5) feet apart within the front setback along Euclid Street. Any decision by staff
regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations .
item. Said information shall be specifically shown on plans submitted for building permits.
18. That the property owner sha11 submit a tetter requesting termination of Conditionaf Use f'ermif Na 2001-
04415 (to permit a telecommunications antenna on an existing electrical transmission tower and accessory
ground-mounted equipment) and Conditional Use Permit No. 4084 (to permit an outdoor RV and boat self-
storage facility with an on-site manager's office/living unit with waiver of minimum fence height, minimum
landscaping for fences. block walls and minimum setback adjacent to residential zones) to the Zoning
Division.
19. That the subject property shall be developed substantially in accordance with the plans and specifications
submitted to the Cityof Anaheim by the petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 A, 1 B, 2, 3; 4,' and as conditioned herein.
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: 20. l'hat 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, 5, 8, 9, 12, 13, 14, 17, and 18 above mentioned, shall be
complied with. Extensions of further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
21. That prior to final building and zoning inspections, Condition Nos. 7 and 19, above mentioned'shall be
complied with.
22. That approval of this application constitutes approval of the proposed request only to the extent'thaf it
complies with the Anaheim Municipal Zoning 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 equipment:
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 jurisdicfion, then this Resolution, and any
approVals herein contained; shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible'for paying all charges related to
the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to
the issuance of building permits for th'is project, whichever occurs first. Failure to payall charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 8,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal procedure d may be re lac a City
Council Resolution in the event of an appeaL
CHAIRMA , ANA EIM PL NING COMMISSION -
ATTEST: ,
~ ~~~ -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
August 8, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~(o~ day of ~~~i uS ~,
2005.
_~.~C~ ~~s~f~uo
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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