Resolution-PC 2005-4i •
RESOLUTION NO. PC2005-4
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04910 BE GRANTED
(1800 WEST BALL ROAD)
WHEREAS, the Anaheim City 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:
PARCEL 1: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT,
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NOR7HWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 20, IN TOWNSHIP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND RUNNING
THENCE EAST ALONG THE NORTH LINE OF SA1D SECTION 344.49 LOT 5; THENCE
WEST ALONG SAID`SOUTH LINE 343.44 FEET TO THE WEST LINE THENCE NORTH
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 20 TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 THENCE RUNNING WEST
ALONG THE NORTH LINE OF SAID LOT TO A POINT 344.49 FEET EAST OF THE
NORTHWEST CORNER OF SAID LOT; THENCE SOUTH IN A STRAIGHT LINE TO A
POINTS THE SOUTH LINE OF SAID LOT 5, BEING 343.44 FEET EAST OF THE
SOUTHWEST CORNER OF SAID LOT; THENCE EAST ALONG SAID SOUTH LWE TO
THE SOUTHEAST CORNER OF SAIDIOT; THENCE NORTH ALONG THE EAST LINE OF
SAID LOT 5 TO THE POINT O~ BEGINNING.
WHEREAS, the 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
"Procedures", 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 said public hearing was
continued to the November 1, December 13, 2004 and January 10, 2005, Commission meetings; 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 petitioner proposes to construct a telecommunications antenna (disguised as a
light pole) with accessory ground-mounted equipment.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
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 light pole minimizes any potential aesthetic impacts.
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4. 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 undueburden upon the streets and
highways designed and improved to carry the traffic in the area.
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 that the use will contribute to
an essential and effective 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 subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a light
pole with accessory ground-mounted equipment and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of,thelead 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 telecommunication facility is approved for a period of five (5) years to expire January 10, 2010.
2. That the telecommunications facility shall be disguised as a light pole and shall be limited to 43 feet in
height and encased within a cylinder cell, and accessory ground-mounted equipment enclosed within an
8-foot high block wall enclosure. Said information shall be specifically shown on plans submitted for
building permits.
3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
light pole or the enclosure.
4. That the ground-mounted equipment shall be located entirely within the enclosure and the cable
connecting 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.
5. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. Said information shall be specifically shown on plans submitted for building permits.
6. 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.
7. That the Operator shall 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 capacity for
public safety and related purposes.
8. 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 Operator.
9. That the Operator shall 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.
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10. That the Operator shall provide a"single point of contacY' 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 the Planning Services Division.
11. That the Operator shall ensurethat 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.
12. That should this telecommunication facility be sold, the Planning Services Division shall be notified
within 30 days of the close of escrow.
13. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
14. That the applicant 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.
15. 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 Revision 1 of Exhibit Nos. 1 through 4, and as conditioned herein.
16. 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, 9, 10, 13 and 14, 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.
17. That prior to final building and zoning inspections, Condition Nos. 8 and 15, above mentioned shall be
complied with.
18. 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 Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon the applicant's 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 7 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
January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal oce s and may replaced by a City
Council Resolution in the event of an appeal.
CHAIR N, ANAHEIM PLANNING COMMISSION
A T:
SEN O SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
J 2005.
ENIOR CRETARY, ANAHEIM PLANNING COMMISSION