Resolution-PC 2008-110RESOLUTION NO. PC2008-110
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 3
AND VARIANCE NO. 2008-04757
(900 EAST VERMONT AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Variance to install a monopine telecommunications facility with no additional live trees
proposed where code requires a minimum of three live pine trees provided in close proximity to
the antenna for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the property is developed with a file manufacturing plant and is
zoned 1 (Industrial); and the Anaheim General Plan designates this property for Industrial land
uses.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 24, 2008, 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 L8:60 "Procedures", to hear and consider evidence for and against said
proposed variance 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 Fnd and determine the following facts:
1. That the applicant requests waivers of the following to permit a monopine
telecommunication facility:
(a) SECTION NO. 18.38.060.0512 Required landscaping (Minimum of
three (3) live pine trees provided in close
proximity to the antenna to be used to
screen wireless communication facility
components; no pine trees proposed)
2. That the requested waiver is hereby approved since there are special
circumstances applicable to the property, in that there is an existing easement for overhead
utilities on the property adjacent to the proposed monopine facility which limits the ability to
plant live pine trees in close proximity to the facility.
3. That the requested waiver is hereby approved because the strict application of the
Zoning Code does degree the property of privileges enjoyed by other property under identical
zoning classification in khe vicinity.
PC2008-110
4. That no persons indicated their presence at said public hearing in opposition; and ..
that no correspondence was received in opposikion to subject petition.
NOW, THEREFORE, BE iT RESOLVED the proposed project falls within the
definition of Categorical Exemptions, Section 15301, Ciass 3 (New Construction), as defined in
the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby approve Variance No. 2008-04757 subject to the following conditions of approval
described in Exhibit "B" attached hereto and incorporated by this reference 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 Ciry of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying aU
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 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 November 24, 2008. 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, ANAII!EIM PLANNING C6ibftGIISSION
A
ARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 November 24, 2008.
AYES: COMMISSIONERS: KARAKI, BUFFA, AGARWAL, FAESSEL, RAMIREZ,
ROMERO
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this day of
December, 2008.
ARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
VARIANCE N0.2008-04757
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EYIIIBIT "B"
VARIANCE N0.2008-04757
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO TH E ISSUANCE OFA BUILDING PERMIT
1 That this telecommunications facility disguised as a monopine shall Planning
be limited to a maximum of twelve (l2) panel antennas, 4-foot
microwave dish and accessory ground-mounted equipment. No
additional antennas or equipment cabinets shall be permitted
without approval from the City. That the round-shaped trunk shall
be painted brown and textured to appear similar to a live pine tree
trunk. Individual panel antennas shall be finished and painted green
to match the artificial pine tree needles attached to Che structure.
Said information shall be specifically shown on plans submitted for
building permits.
2 That all equipment, including supply cabinets and power meter shall Planning
be screened from the public right-of--way. In addition, the cable
connecting 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.
GENERAL
3 That any required relocation of City electrical facilities shall be at Public Utilities
the applicant's expense.
4 That before activating this facility, the Operator shall submit apost- Planning
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 the Operator.
5 That the Operator shall provide a 24-hour telephone number to the Planning
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.+
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
6 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 9, and as conditioned
herein and the facility shall be maintained in a like-new condition
consistent with the approved exhibits.
7 That the Operator shall ensure that the facility's installation and Planning
choice of frequencies will not interfere within the 800 MHz radio
Frequencies required by the City of Anaheim to provide adequate
spectrum capacity for public safety and related purposes.
8 That the Operator shall ensure that any of its contractors, sub- Planning
contractors or agents, or any other user of the facility, shall comply
with the terms and conditions of this permit.
9 That should this telecommunications facility be sold, the Planning Planning
Services Division shall be notified within 30 days of the close of
escrow.
10 That the portion of the property being leased to Che Code Enforcement
telecommuniuations carrier 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 the time of discovery.
11 That approval of this application constitutes approval of the Planning
proposed request only to the extent that 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 requirement.
12 Extensions for further time to complete conditions of approval may Planning
be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
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