Resolution-PC 2004-125~ ~
' RESOLUTION NO. PC2004-125 :
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04907 BE GRANTED
(1515 WEST MABLE STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
BEING A PORTION OF PARCEL 1 AND ALL OF PARCEL 2 OF PARCEL MAP N0. 2001-132
AS FILED IN PMB 325' PAGES 26-27 RECORDS OF ORANGE COUNTY, CALIFORNIA,
MOREPARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1 THENCE SOUTH
00° 20' 33" EAST 459.58 FEET; THENCE SOUTH 57° 11' 58" EAST 298:63 FEET TO A POINT
ON THE CENTERLINE OF MABLE STREET; THENCE NORTH 88° 4T 38" EAST 35.13 FEET
ALONG THE CENTERLINE OF SAID MABLE STREET TO THE TRUE POINT OF BEGINNING
THENCE NORTH 01° 12' 22" WEST 80.03 FEET; THENCE NORTH 32° 55' 29" EAST 280.33
FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVING SOUTHEASTERLY :
HAVING A RADIAL BEARING OF SOUTH 40° 35' 24" WEST HAVING A RADIUS OF 715.00
FEET THROUGH A`CENTRAL ANGLE 07° 56' 34" A bISTANCE OF 99.12 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVING SOUTHEASTERLY THROUGH A
CENTRAG ANGLE OF26° 25'-05" HAVING RADIUS OF 536.00 FEET A DISTANCE OF.247.14 '
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTHEASTERLY
THROUGH A CENTRAL ANGLE OF 14° 43' 44" 'HAVING A RADIUS OF 828.00 FEET A
DlSTANCE OF 212.85 FEET; THENCE SOUTH 00° 99' 93" EAST 78.98 FEET; THENCE
NORTH 57° 11' 58" WEST 25.68 FEET TO A POINT ON THE CENTERLINE OF ADAMS
STREET; THENCE NORTH 20° 11' 42" WEST 16.75 FEET TO THE BEGINNING OF A
TANGENT ' CURVE CONCAVING NORTHWESTERLY WITH A RADIUS OF 43.00 FEET
THROUGH A CENTRAL ANGLE OF 77° 23' 21" A DISTANCE OF 58.08 FEET; THENCE
NORTH 57° 11' 58° WEST 317.24 FEET ALONG THE CENTERLINE OF MABLE STREET TO
THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTHWESTERLY WITH A"
RADIUS -0F 48.00 FEET THROUGH A CENTRAL ANGLE OF 34° 00' 27" A DISTANCE OF
28.49 FEET ALONG THE CENTERLINE OF SAID MABLE STREET BACK TO THE TRUE
POINT OF BEGINNING.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 18, 2004, 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 conditional 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 find
and determine the following facts:
1. That the proposed telecommunications facility disguised as a palm tree is a use properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.10.030.0402 and
18.38.060 with waivers of the following:
SECTION NO. 18.38.060.050 Minimum setback adiacent to an interior (rear)
propertv line (10 feet required; 0 feet proposed)
2. That the waiver is hereby rq anted since compliance with the required setback would -
eliminate parking spaces and could impactvehicular access. Due to the size and configuration of the
parking area, the building location and the surrounding properties and adjacent fencing constraints, this
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location would have the least negative impact on the property and would allow the facility to be compietely
screened from pubic view.:
3. That the proposed telecommunications facility disguised as a palm tree would not adversely
affect the adjoining land uses and the growth and development of the area in which if is proposed to be
located due to the'telecommunication monopole being disguised as a palm tree, which blends in with the
surrounding properties, and the facility is located at the rear of an existing industrial property, and as
demonstrated by the balloon test photos, does not significantly impact the visual aesthetics of the area.
4. That the size and shape of the site isadequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a palm tree would minimize visibility from the surrounding properties.
5. 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.
6. That granting this conditional use permit will not, under the 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 essential and effective wireless communications network system.
7. That no one indicated their presence atsaid public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a palm tree)
and accessory ground-mounted equipment with waiver of minimum setback adjacent to an interior (rear)
- property line and does hereby approve the Negative Declaration upon 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 review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the project will have a significant effect
nn the environment '
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and generaF welfare of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one "palm tree" with three sectors containing
four (4) panel antennas per sector and accessory ground-mounted equipment shall be permitted for a
period of five (5) years, to expire on October 18, 2009.
2. That the proposed telecommunications antennas shall be limited to fifty (50) feet in height. The design of
the facility shall match the sample of the "palm tree" design as submitted by the petitioner. Final design
pVans shall be submitted to the Planning Services Division for review. No additianal or replacement
antennas shall be permitted without the approval of the Planning Commission. Said information shall be
specifically shown on plans submitted for building permits.
3. That the "palm tree" shall be constructed of permanent materials simulating an authentic "palm tree".
The pole shall be maintained in good, clean condition. The antennas shall be painted to match the palm
fronds and shall not project beyond the palm fronds. Said information shall be specifically shown on
plans submitted for building permits.
4. That the ground-mounted equipment shall be located entirely within the designated "lease" area of the
property and the cable connecting the "palm tree" 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.-
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5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
6. That the landscaping shall be maintained in conformance with the approved exhibits and the irrigation
system shall'be maintained in compliance with City standards.
7. That the entire equipment enclosure shall be constructed with a solid CMU block wall of a height
sufficient'to screen BTS units. Said enclosure shall be planted and irrigated with minimum 5-gallon vines
on all sides. Said information shall be'specifically shown on plans submitted for building permits.
8. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
9. That the operator will ensure that 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 capacify for Public
Safety and xelated purposes.`
10. 'That at all times,.the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on City's 800 MHz radio frequency.
11.,That before activating its facifity, the operator wi11 submitto a post-instalfation testto confirm that the
facility does 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 Operator.
12. That the operator shail 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.
13. That the operator will provide a"single point of contact" in its Engineering and Maintenance Departments
to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail :
address of that person shall be provided to City's designated representative upon activation of the
facility.
14. 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
15. That should this telecommunication facility be sold the City of Anaheim, Planning Services Division shall
be notified within 30 days of the close of escrow.
16. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
17. That the legal owner of the subject property shall provide the City of Anaheim with an electrical utility
easement along/across high and low voltagelines, and around pad-mounted equipment. Said easement
shall be submitted to the City of Anaheim prior to connection of electrical service.
18. That all equipment associated with the facility shall be installed within the existing five (5) foot wide
underground pipeline easement with the easement holder's written authorization.
19. 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 Exhibit Nos. 1, 2, 3, 4 and 5, and as conditioned herein.
20. 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, 7, 13, 16, 17 and 18, above-menfioned, shall be
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complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
21. That prior to #inal building and zoning inspections, Condition Nos. 91, 12, 13, 18 and 19, above-
mentioned, shall be complied with.
22. That approvaf of this application constitutesapproval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations.
Approval does not include,any action or findings as to compliance or approval'of therequest regarding
any other applicable ordinance, regulation'or requirement.
BE IT FURTHER RESOLVED #hat the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated"upon applicanYs compliance with each
and alf 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 forpaying all charges related
to the processing of this discretionary case application within 30 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
October 18, 2004: 'Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning _
Provisions - General" of the Anaheim Municipal Code pertai ' t appeal es and maybe replaced
by a City Council Resolution in the event of an appeaL ~.
H A AH IM PLANNING COMMISSION `
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING 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 City Planning
Commission held on October 18, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this o2h o~ day of
/VOYEm ~.~_ , 2004.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION