Resolution-PC 2008-90RESOLUTION NO. PC2008-90
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATIQN.
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4016, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC98-85, AS PREVIOUSLY AMENDED
(TRACKING NO. CUP2008-05335)
(1422 SOUTH ALLEC STREET)
WHEREAS, on Apri127, 1998, the Anaheim City Flanning Commission, did by its
Resolution No. PC98-85 grant Conditional Use Permit No. 4016 to construct a 60-foot high steel
telecommunications monopole with three arrays having seven antennas each and with three microwave
dishes to replace an existing 60-foot high wood monopole at 1422 South Allec Street; and that
Condition No. 1 of said resolution specifies that the use is approved for a period of 5 years to expire on
Apri127, 2003; and
WHEREAS, on Apri121, 2003, the Anaheim City Planning Commission, by its
Resolution No. PC2003-60 granted reinstatement of Conditional Use Permit No. 401b to retain the
aforementioned 60-foot high steel telecommunications monopole at 1422 South Allec Street; and
approval:
WHEREAS, said Resolution No. PC2003-60 includes the following condition of
"1 ThaY this conditional use permit shall expire on April 27, 200$."
WHEREAS, this property is currently developed with an industrial building, the
underlying zoning is [(Industrial); the Anaheim General Plan designates this property for Industrial
land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit to modify or delete a condition of approval pertaining
to a time limitation to retain a previously-approved 60-foot high steel telecommunications
antenna pursuant to Code Section No. 18:60.180 of the Anaheim Municipal Code 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.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 15, 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 18.60 "Procedures", 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:
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1. The facts necessary to support each and every finding for the origina] approval of the.. __
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The 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.
4. With regard only to the deletion of a time limitation, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area, and the periodic review of the use is no longer necessazy.
5. That the existing use at the time of approval was properly one for which a conditional
use permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
7. That the size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety.
8. That the traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the facility is
unmanned.
9. That the granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has
reviewed the proposal and does hereby find that the Negative Declazation previously-approved in
connection with Conditional Use Permit No. 4016 is adequate to serve as the required environmental
documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 4016 to permit a 60-foot
high steel telecommunications monopole on property located at 1422 South Allec Street.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve an
amendment to Conditional Use Permit No. 4016 to amend, in its entirety, the conditions of approval
adopted in connection with Resolution No. 98-85, as amended, to delete the time limitation as
described in Exhibit "B" attached hereto and incorporated herein 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
health and safety of the citizens of the City of Anaheim.
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BE IT FURTHER RESOLVED, except as otherwise azttended herein, Resolution No. ,
PC98-85 remains in full force and effect.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or duration of the use. Amendments, modifications and revocations of this permit
may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
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
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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commassion meeYing of
September 15, 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.
CHAIRMAIV~ANA[-~EIM`P~ANNfIVG COMMISSION
ATTEST:
v ~-/
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 September 15, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
September, 2008.
~~~- ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 4016
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Exhibit "B"
CONDITIONAL USE PERMIT NO. 4016
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
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1 That this telecommunications facility shall be limited to a maximum of Planning
sixty (60) feet in height, with three (3) sectors consisting of seven (7)
panel antennas per sector with maximum dimensions of four (4) feet in
height by one (1) foot in width, two (2) 2-foot diameter microwave
dishes and one (1) 4-foot diameter microwave dish on the existing tower,
and an accessory ground-mounted equipment enclosure. No additional
antennas shall be permitted without the prior approval of the Planning
Commission.
2 That the height of the monopole shall not exceed the height of the Planning
attached antenna arrays at any time. If the arrays are lowered, the
monopole height shall be reduced to correspond to the height of the
antenna arrays.
3 That no signage, flags, banners, or any other form of advertising shall be Planning
attached to the antennas or the transmission tower structure.
4 That the portion of the property being leased by the telecommunication Planning
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. °
5 That the Operator of this use (the "Operator") shall ensure that this Planning
installation and choice of frequencies will not interfere wiYh the eight police
hundred (800) MHz radio frequencies required by the City of Anaheim
to provide adequate spectrum capacity for public safety and related Fire
purposes.
6 That at all times, other than during the 24-hour cure period provide in Police
Condition No. 8, below, the Operator shall not prevent the City of
Anaheim from having adequate spectrum capacity on the City's 800
MHz radio frequency.
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7 That the operator shall submit to a test to confirm that the facility does Police °-
not interfere with the city of Anaheim's public safety radio equipment.
This test will be conducted by the communications division of the
Orange County Sheriff s Department or a division-approved contractor
at the expense of the Operator.
8 That the Operator shall provide a single point of contact, including a 24- Planning
hour telephone number, fax number and e-mail address, in its
Engineering and Maintenance Departments to the Planning Deparhnent
to ensure continuity on all interference issues, and that the Operator shall
resolve interference complaints within twenty-four (24) hours.
9 That the Operator shall ensure that each of its contractors, sub- Planning
contrackors or agents, or any other user of the facility, shall comply with
the conditions of approval herein.
10 That should this telecommunication facility be sold, the Planning Planning
Department shall be notified within thirty (30) days of the close of
escrow.
ll That all equipment, including supply cabinets and power meter, shall be Planning
installed and maintained on private property and shall be screened from
public view, as approved by the Planning Department.
12 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Exhibit No. 1 and as conditioned herein.
13 That apprpval of this application aonstituYes approval of the proposed Planning
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.
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City of Anaheim
I'LANIVIIVG 13E~A12TNiEIV'Y'
wviw.awheim.net
September 23, 2008
Jim Kelly
Anaheim Tower Corporation
2201 Dupont
Irvine, CA 92612
SUBJECT: CONDITIONAL USE PERMIT NO. 4016 / PC2008-90
Dear Mr. Kelly:
Congratulations! Your proposed project at 1422 5outh Allec Street was
approved by the Planning Commission on September 15, 2008. Enclosed is a
copy of the Planning Commission's decision. Keep in mind that this decision
will not be final until the riventy-two (22) day appeal period expires. If an appeal
is made or if the City Council decides to hold an additional public hearing, your
project planner will notify you immediately and provide you the date of the
public heazing.
The action of the Planning Commission is contained in the attached resolution.
You will notice the resolution has a table containing conditions of approval
related to your project. The City department responsible for monitoring this
condition is listed in the last column (i.e. Planning, Public Works or Police).
Please contact Ted White, (714) 765-4949, twhite@anaheim.net, to discuss the
next step for moving your project forwazd. I have also attached a process flow
chart so you know what remaining steps are necessary to complete your project.
Please keep these documents in a secure place. In the event the property is sold,
provide the attached resolution to the new/prospective property owner.
Tharilc you for choosing Anaheim for your project. Make sure to complete and
return the enclosed survey regarding our process. If there is any way we can
improve our service, please let us know.
Since ly,
C
CJ stru AICP
PI ing S rvices Manager
Enclosures
c: LLC Kelto, 1422 S. Allec St., Anaheim, CA 92805
200 South Anaheim Boulevard
P.O. Bax 3222
Anaheim, California 92803
TEL (714) 765-5139