Resolution-PC 2006-43~ ~
RESOLUTION NO. PC2006-43
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION :
THAT PETITION FOR CONDITIONAL USE PERMIT NO.'2006-05085 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive averified Petition for Conditional
Use Permit for certain real property situated in the City ofAnaheim, County of Orange, State of California,
: descri6ed as _
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH,'RANGE 10 WEST, W'THE RANCHO LOS COYOTES, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
'BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF'THE SAID WEST HALF
OF THE SOUTHEAST QUARTER OF'SECTION 8 WITH THE SOUTHWESTERLY LINE OF
THE SOUTHERN f'ACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE, THENCE :
; ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF ` SECTION 8, SOUTH 0° 08' 37" EAST 412:72 FEET; THENCE AT . RIGHT ANGLES
SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° 08' 37" WEST 676.28 FEET T0
THE SAID SOUTHWESTERLY LINE-0F 80UTHERN PACIFIC RAILROAD RIGHT-OF-WAY;
THENCE ALONG THE SAID SOUTHWESTERLY LINE OF SOUTH 56° 45 46" EAST 479.00
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing atthe Civic Center in the ' ,
City of Anaheim on May 15, 2006, 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 contlitional 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 flnd
and determine the following facts:
1. That the applicanf's proposal to permit a telecommunications facility on an existing
transmission tower with accessory ground-mounted equipment is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 and 18.38.060.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the proposal
locates the proposed antennas on an existing lattice tower 250 feet from the closest public street reducing
the cumulative visual clutter of such facilities by using existing infrastructure.
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 because the telecommunications
facility would be located on an existing lattice tower with minimal new equipment.
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, underthe conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an effective wireless communications network system in a manner that would blend in with the existing
facilities.
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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: That the Anaheim Planning
Commission has reviewed the proposal to permit a telecommunications facility on an existing lattice tower
with accessory ground-mounted equipment; and does hereby approve the Negative Declaration vpon 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 reviewprocess and further
finding on thebasis 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 ITRESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditionaf UsePermit, upon the following aonditions which are hereby
found to be a nec~ssary prerequisite to the proposed use of the subjectproperty in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That this telecommunications facility shall be limited to no more than six (6) sectors with no more than
one (1) partel antenna on each sector on the existing iattice tower and accessory ground-mounted
equipment. The six (6) antennas shall be limited to a#o an operating center height of 61 feet. No
additional antennas or equipment cabinets shall be permitted without the approval of the Planning
Commission at a noticed public hearing. Said information shall be specifically shown on the plans ,
submitted by building permits.
2. That the antennas shall be finished and painted to match the existing lattice tower structure. lf the finish
or color of the tower is modified, the antennas shall be modified accordingly. Said information shallbe
specifically shown on the plans submitted by building permits.
3. That that ground-mounted equipment shall be located entirely behind the existing 6-foot high wrought
iron fence 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.
4. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. Said information shall be specifically shown on plans submitted for building permits.
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
public safety and related purposes. ~
6. That before activating this facility, the Operator shall submit to a post-installation test to confirm that #he
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 Sheriffs Department or a Division
approved contractor at the expense of Operator.
7. 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 within 24 hours. -
8. 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
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
within 30 days of the close of escrow.
10. 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 shai~ be specifica~iy
shown on plans submitted#orbuilding permits.
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11. That the applicant shall obtain a Right-of-Way Construction Permit from the Public Works Department
for any workwithin the public right-of-way, including but not limited to installation'of conduit, cable, and
electrical service lines.
12. This condition of approval was deleted at today's public hearing.
13. That portion of,the property being leased to the #elecommunicafion provider shaU be permanently
maintained in an orderly fashion through the provision of regutarJandscaping maintenance, removal of
trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
15. That a final plans indicating the existing 6-foot high decorative wrought iron fence with the addition of
solid screening to screen the equipment. Said information shall be specifically shown on plans
submitted for building permits. Any decision by staff regarding said plans may be appealed to the
Planning Commission as a Reports and Recommendations item.
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 ExhibitNos. 1 through 7 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. 1, 2, 3, 4, 10, 11 and 15, 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.
18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, and 96, above mentioned,
shall be complied with.
19. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicabfe 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 antl
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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shaU result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 15, 2006. Said resolution is subjectto the appeal provisions set forth in Ghapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining t appeal procedures and may be replaced
by a City Council Resolution in the evenf of an appeaL /~;
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CHAIRMAN, ANAHEIM PLANNING COMMISSION :
ATTEST:
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SENIOR SECRETARY, ANAHEIMPLANNING 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 May 15, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~~m"- day of
t , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ,
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