Resolution-PC 2023-037RESOLUTION NO. PC2023-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
AUTHORIZE A 70-FOOTTALL TELECOMMUNICATIONS
ANTENNA AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2023-00033)
(2952-2960 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning
Commission") did receive a verified petition to approve a conditional use permit to permit a 70-
foot tall telecommunications antenna on certain real property located at 2952-2960 West Lincoln
Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.68 acres in area and is developed with a
Telecommunications Antenna. The property is designated for Mixed -Use High land uses in the
General Plan. The property is in the Mixed -Use High (MU-H) Development Area of the Beach
Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards, and is
subject to the zoning and development standards contained in Chapter 18.122 (Beach Boulevard
Specific Plan No 2017-1 Zoning and Development Standards) of the Anaheim Municipal Code
(the "Code"); and
WHEREAS, telecommunications antennas taller than 55-feet requires a conditional use
permit subject to the approval by the Planning Commission pursuant to Subsection .050 of Section
18.38.060 (Antennas - Telecommunications); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 4, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project
are exempt from the requirements to prepare additional environmental documentation under
CEQA as set forth in Sections 15303 and 15300.2 of the CEQA Guidelines as a Class 3 — New
Construction or Conversion of Small Structures Categorical Exemption. Class 3 consists of
PC2023-037
construction and location of limited numbers of new, small facilities or structures. The project
proposes the construction of a single ground -mounted telecommunications antenna. Pursuant to
Section 15300.2(c) and 15303 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the Proposed Project for which staff would anticipate a
significant effect on the environment and, therefore, the proposed project would be categorically
exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. Review alternatives were provided to staff, including but not limited to additional
and/or different locations and designs, and staff has determined that the proposed monopine would
have a lesser impact on the aesthetics and welfare of the surrounding community as compared to
other alternatives considered, including other species of faux trees, because the monopine best
screens the antenna.
2. Based on the evidence presented, the additional height above the maximum
building height for the applicable zone is reasonably necessary for colocation of facilities or for
the efficient operation of the proposed facility because the 55-feet maximum height allowed would
not be sufficient to achieve the needed coverage for existing and future development and the
respective users of the antenna. The proposed monopine replaces the existing 60-foot tall
monopole telecommunications antenna. The increased height is required due to the heights of the
proposed buildings that will be adjacent to the proposed site and will provide the minimum
separation requirements between collocated antennas.
3. Any negative impacts of the proposed facility are properly mitigated because the
project includes faux foliage to screen the antenna, and large specimen trees will be planted in
close proximity to the proposed monopine, which will adequately blend in with surrounding
environment and would be compliant with the Zoning Code; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth 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
Property for which the conditional use permit is applicable in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
- 2 - PC2023-037
conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the 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 set forth herein. 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 approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2023. 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.
CHAIRPERSON, PLANNIN OMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
y;
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-037
EXHIBIT "A"
DEV NO.2021-00071
W LA PALMA AVE
m
J_
z
Oo 100 zoo Source: Recorded Tract Maps and/or City GIS.
� Feet Please note the accuracy is +/- two to five feet.
OSWIYAMt
EXHIBIT "B"
Conditional Use Permit (Telecommunications Antenna)
(DEV2023-00033)
NO.
CONDITIONS OF APPROVAL
-
RESPONSIBLE
DEPARTMENT
GENERAL
1
The telecommunications facility shall be limited to the design
Planning and Building
as specifically identified on the approved exhibits. Said
Department,
information shall be specifically shown on plans submitted for
Planning Services Division
building permits. No additional antennas or equipment cabinets
shall be permitted without the approval of the Deputy Planning
and Building Director of the Planning and Building Department
and/or his or her designee. _
The appropriate building permits shall be obtained from the City
2
Planning and Building
of Anaheim for the proposed telecommunication facility.
Department, Building
Division
3
The portion of the property being leased to the
Planning and Building
telecommunication provider shall be permanently maintained in
Department, Code
an orderly fashion by providing regular maintenance, removal
Enforcement
of trash or debris, and removal of graffiti within twenty-four
24) hours from time of occurrence.
4
No signage, flags, banners or any other form of advertising shall
Planning and Building
be attached to the antennas, the transmission tower structure or
Department, Code
the accessory equipment building.
Enforcement
5
The telecommunications equipment operator shall ensure that
` Police Department
its installation and choice of frequencies will not interfere with
the 800 MHz radio frequencies required by the City of Anaheim
to provide adequate spectrum capacity for Public Safety and
related oses.
6
That the telecommunications equipment operator shall resolve
Police Department
all interference complaints within twenty-four (24) hours.
7
AMC Section 18.38.060 states that wireless communication
Planning and Building
facilities are considered abandoned if it ceases to provide
Department,
wireless communication services for thirty (30) or more days.
Planning Services Division
All wireless communication facilities that are no longer being
used must be removed within three months of discontinuation
of use.
8
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
PC2023-037
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner if it is removed, damaged, diseased, and/or dead.
Specifically, A minimum of 10 36-inch box trees shall be
planted and maintained near the monopine and along the
western property line.
9
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
10
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning and
Planning Services Division
Building Department, and as conditioned herein.
11
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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 may result in the revocation of
the approval of this application.
PC2023-037
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 4, 2023 by the following vote of the
members thereof -
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez,
Tran-Martin, and Walker
NOES:
IN WITNESS WHEREOF, I have hereunto set my hand this 4 h day of December 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-037