99-022RESOLUTION NO. 99R-22
A RESOLUTION OF THE CITY COUNCIL OF ~~
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4047.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit telecommunication antennas on an existing lattice tower
structure (Southern California Edison Co.) and ground-mounted
accessory antennas equipment upon certain real property located
within the City of Anaheim, County of Orange, State of
California, legally described as:
LOT 43 OF TRACT NO. 8463, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A SUBDIVISION MAP
RECORDED IN BOOK 392, PAGES 28 THROUGH 31,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY RECORDER.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY
BE PRODUCED FROM SAID LAND WHICH UNDERLIES A
PLANE PARALLEL TO AND 550 FEET BELOW THE
PRESENT SURFACE OF SAID LAND FOR THE PURPOSE
OF PROSPECTING FOR, THE EXPLORATION,
DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING
OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER FROM SAID
LAND BY MEANS OF MINES, WELLS, DERRICKS AND
OTHER EQUIPMENT FROM SURFACE LOCATIONS ON
ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE
OF THE ABOVE-DESCRIBED LAND, IT BEING
UNDERSTOOD THAT THE OWNER OF SUCH MINERALS,
OIL, GAS, PETROLEUM, OTHER HYDROCARBON
SUBSTANCES AND WATER, AS SET FORTH ABOVE SHALL
HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE
ABOVE-DESCRIBED LAND OR ANY PORTION THEREOF
ABOVE SAID PLANE PARALLEL TO AND 550 FEET
BELOW THE PRESENT SURFACE OF THE SAID LAND FOR
ANY PURPOSE WHATSOEVER; and
WHEREAS, the City Planning Commission did hold a
public hearing upon said application at the City Hall in the City
of Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC98-177 granting
Conditional Use Permit No. 4047; and
WHEREAS, thereafter, within the time prescribed by
law, an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is prcperly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the
use is adequate to allow the full development of the proposed use
in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under
the conditions imposed will not be detrimental to the peace,
health, safety and general welfare of the citizens of the City of
Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
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use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 4047 be, and the same is hereby,
granted permitting telecommunication antennas on an existing
lattice tower structure (Southern California Edison Co.) and ~-
ground-mounted accessory antennas equipment on the hereinabove
described real property, subject to the following conditions:
1. That the telecommunications antennas shall be approved for a
period of five (5) years from the date of this resolution, to
expire on November 9, 2003.
2. That this conditional use permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 98-99-5, now pending.
3. That only three (3) antenna arrays with two (2) antennas each
may be located on the existing tower at a maximum height of sixty
six (66) feet; and that one (1) GPS-type antenna shall be mounted
to the one hundred twenty degree (120°) sector or located on the
proposed accessory ground-mounted equipment. Said information
shall be specifically shown on plans submitted for building
permits. No additional antennas shall be permitted without the
approval of the Planning Commission.
4. That the antennas shall be finished and painted to match the
existing lattice tower structure. That if 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.
5. That the final plans for location, elevations and materials for
screening (including all proposed landscaping) of ground-mounted
equipment shall be submitted to the Zoning Division for review and
approval by the Planning Commission as a "Reports and
Recommendations" item. Said plans shall include adequate
landscaping to thoroughly screen the proposed equipment location.
6. That, in the event that any Coastal Sage Scrub (CSS) is
proposed to be removed as a part of developing this facility, the
petitioner shall provide the Planning Department with a site plan
showing the extent of Coastal Sage proposed for removal. Further,
prior to any Coastal Sage Scrub removal, the petitioner shall
provide the City with evidence of payment of mitigation fees to the
Natural Community Conservation Program (NCCP) Non-Profit
Corporation and/or other evidence showing authorization of the take
by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG). Additionally, the petitioner
shall comply with the following mitigation measures in compliance
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with the County of Orange's Natural Community Conservation Program
(NCCP) requirements for the mitigation of removal of CSS habitat:
(i) To the maximum extent practicable, no grading of CSS~-
habitat that is occupied by nesting gnatcatchers will
occur during the breeding season (February 15 through July
15). It is expressly understood that this 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 facility repairs. In the event of such
public health and safety circumstances, landowners or
public agencies/utilities will 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.
(ii) 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
involving disturbance of CSS, a survey will be conducted
to locate gnatcatchers and cactus wrens within one hundred
(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.
(iii) A monitoring biologist, acceptable to USFWS/CDFG, will be
on site during any clearing of CSS. The landowner or
relevant public agency/utility will 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
Identified 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 will be the responsibility of the monitoring
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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. -~
(iv) 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 will
be permitted within such marked areas.
(v) In areas bordering the NCCP reserve system or special
Linkage/Special Management areas containing significant
CSS identified in the NCCP/HCP for protection, vehicle
transportation routes between cut-and-fill locations will
be restricted to a minimum number during construction
consistent with project construction requirements. Waste
dirt or rubble will not be deposited on adjacent CSS
identified in the NCCP/HCP for protection.
Preconstruction meetings involving the monitoring
biologist, construction supervisors and equipment
operators will be conducted and documented to ensure
maximum practicable adherence to these measures.
(vi) CSS identified in the NCCP/HCP for protection and located
within the likely dust drift radius of construction areas
shall be periodically sprayed with water to reduce
accumulated dust on the leaves as recommended by the
monitoring biologist.
7. That no signage, flags, banners, or any other form of
advertising shall be attached to the antennas.
8. 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, 4, 5 and 6, above-mentioned, shall be
complied with.
9. That this property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department, marked Revision No. 1 of Exhibit No. 1, 2, 3,
4, 5 and 6, and as conditioned herein.
10. That prior to final building and zoning inspections, Condition
No. 9, above-mentioned, shall be complied with.
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11. 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 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 IT FURTHER RESOLVED that the City Council 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 conditions, 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 is approved and adopted by the City
Council of the City of Anaheim this 26th day of January, 1999.
~~
MAYOR OF THE CITY OF NAHEIM
ATTEST:
~ _
CITY CLERK OF THE CITY OF ANAHEIM
29264.1
6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-22 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 26th day of January, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
22 on the 26th day of January, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 26th day of January, 1999.
`2~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 99R-22 was duly passed and adopted by the City Council of the City of
Anaheim on January 26th, 1999.
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CITY CLERK OF THE CITY OF ANAHEIM