Resolution-PC 2004-142~ ~
RESOLUTION NO. PC2004-142
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04921 BE GRANTED
(1421 WEST BALL'ROAD) ,
WHEREAS, the Anaheim Planning Commission didreceive a verified Petition for Conditional
Use Permit for certain real property situated in the Gity of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THAT PORTION OF LOT 19 OF ANAHEIM INVESTMENT ' COMPANY'S
TRACT; AS SHOWN ON A MAP RECORDED IN BOOK , 7, PAGES ` 33 AND 34 OF
MISGELLANEOUS MARS, RECORDS OF ORANGE`'COUNTY, CALIFORNIA, DESCRIBED
' AS FOLLOWS:
BEGINNING AT THE IN7ERSECTION OF THE SOUTHERLY PROCONGATION OF THE
EASTERLY LINE'OFLOT`22 OF TRACT N0. 1421, AS SHOWN ON A MAP RECORDED IN
` BOOK 62, PAGE 14 OF SAID MISCELLANEOUS MAPS, WITHTHE CENTERUNE OFBALL
ROAD, 60.00 FEET WIDE; 7HENCE' NORTH 0° 05"14" WEST 671.11'FEET ALONG THE
EASTERLY LINE OF SAID TRACT N0. 1421 TO THE NORTH'LINE OF' SAID LOT 19;
THENCE NORTH 89° 35 11" EAST 257.50 FEE7 ALONG SAID NORTHERLY LINE; THENCE
SOUTH 0° 18' 02" EAST 671.28 FEET'TO A POINT`ON SAID CENTERLINE WHICH 1S
EASTERLY 260'.00 FROM SAID POINT.OF BEGINNING; THENCE SOUTH 89° 3T 29" WEST
260.00 FEET TO SAID POINT OF BEGINNING.
PARCEL 2: AN EASEMENT FOR ROAD PURPOSE OVER THE NORTH 2O.00 FEET OF
LOTS 17, 18 AND 19 OF ANAHEIM INVESTMENT COMPANY'S TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CAUFORNIA.
EXCEPT THAT PORTION OF SAID LOT 19 LYING WESTERLY OF THE EASTERLY LINE OF
THE LAND'DESCRIBED IN PARCEL 1 HEREIN.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 15, 2004, at 2:00 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 use of a telecommunications facility disguised as a cross with accessory
ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim
Municipa{ Code Sections 18.14.030.010.0402 and 18.38.060.
2. That the proposed telecommunications facility disguised as a cross in connection with the
existing church would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the facility would be completely screened from view.
3. That the size and shape of the site is adequate 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 cross and complies with all applicable Code standards.' :
4. That because this is an unmanned facility with infrequent maintenance, the traffic gerierated ,
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.'
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5.= 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 will contribute to an essential
, and effecfive wireless communications network system.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subjecf petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 'T'haf the Anaheim Planning
Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a cross) and
accessory ground-mounted equipment 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 on the environment. '
NOW, :THEREFORE, BE IT RESOLVED that the Anaheim 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
health and safety of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) "cross" with three (3) sectors and
six (6) antennas (two antenna per sector) mounted inside the cross and accessory ground-mounted
equipment shall be permitted for a period of five (5) years, to expire on November 15, 2009.
2. That the proposed telecommunications facility shall be limited to thirty-five (35) feet in height with three
(3) sectorsconsisting of six (6) antennas two (2) per sector having dimensions of 3 feet in length
completely enclosed within the cross and accessory ground-mounted equipment. The cross shall be
constructed of materiais that conceal the structures identity as a#elecommunication facility and shall be
maintained in a"like-nev~' condition. No additional or replacement antennas shall be permitted without
the approval ofthe Planning Commission. Said information shall be specifically shown on plans
submitted for building permits.
3. That no signs, banners or any other form of advertising or identification shall be attached to the
proposed "cross" structure.
4. That the ground-mounted equipment shall be located entirely within the designated "leased" area of the
property and the cable connecting the "cross" to the equipment shall be underground and shall not be
visible to the public. Said equipment shall be completely enclosed within a 6 foot high decorative
concrete block wall planted and irrigated with clinging vines on maximum 3-foot centers to prevent
graffiti. Said information shall be specifically shown on plans submitted for building permits.
5. That a landscape and irrigation plan for subject property shall be submitted to the Planning Services
Division for review and approval. Said plan shall indicate refurbished landscaping including ground
cover, shrubs and vines adjacent to the new 6-foot high block wall enclosure. , The existing chain link
fence/gate shall be replaced with wrought iron. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations
item. Said information shall be specifically shown on plans submitted for building permits
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. 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.
7. That all equipment, including supply cabinets and power meter shall be installed on private property and
shall be screened from public view, as approved by the Planning Department. Said information shall be
specifically shown on plans submitted for building permits. The developer shall obtain a Right-of-Way
Construction Permit from the Public Works Department for any work within the public right-of-way,
, including but not limited to installation of conduit, cable and electrical service lines.
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8. That existing trash storage areas shall be refurbished to' comply with approved plans on file with the
Public Works Department inciuding the addition of trash enclosure gates per City Standards. Said
information shall be specificaliy shown on plans submitted for,building permits.
9. 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.
10. That the operator shall ensure that its installation and choice of frequencies wiU not interfere with the
800 MHz radio firequencies required by the City of'Anaheim to provide adequate spectrum capacity for
Public Safety and ~related purposes.
11. That at all times, the Operator shall not prevent the City of Anaheim.from having adequatespectrum
capacity on the City's 800 MHz radio frequency.
12. That before activating its facility, the Operator shall submit to a post-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.
13. That the Operator shall provide a 24-hour "single point of contact° name, telephone number, fax number
and e-mail address to the Planning Services Division (to be forwarded to the Fire and Police
Departments) to which interference problems may be reported. All interference complaints shall be
resolved within 24 hours.
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 soid, 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 applicant's expense:. That
landscape and/or hardscape screening of ail 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 voltage lines, and around pad-mounted equipment. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
18. 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, and 3 as conditioned herein
19. 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, 4, 5, 7, 8, 13, 16 and 17, above-mentioned, shall be
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.
20. That prior to final building and zoning inspections, Condition Nos. 12 and 18, above-mentioned, shall be
complied with.
21. That approval of this application constitutes approval 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 the
request regarding any other applicable ordinance, regulation or requirement. `
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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
ail of the conditions hereinabove set forth.' Should any'such condition, or any part thereof;be declared
invalid or unenforceable by the finaf 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 7 days of the issuance of the final invoice or
prior to the issuance of building permits for fhis project, whichever occurs first: Failure to pay all charges
shall result in delays in the issuance of required permits orthe revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 15, 2004. Said resolution is subject to #he appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin to a I procedures and may be replaced
by a City Council Resolution in the event of an appeal.'
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CHAIRMA , N EIM PLANNING COMMISSIO
ATT T:
SENIO CRETARY; ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ' )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission; do hereby certify#hat
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
November 15, 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
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IN WITNESS WHEREOF, I have hereunto set my hand this U`- day of
~ll'PLU~,~2~t , 2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION