Resolution-PC 2005-86,~ •
RESOLUTION NO. PC2005-86
A RESOLUTION OF THE ANANEIM PLANNING COMMISSION
REINSTATING ANDAPPROVING CONDITIONAL USE PERMITNO. 4142, AND '
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-177,
' ADOPTED THEREWITH '
WHEREAS, on October 11, 1999, the Anaheim Planning Commission, by
Resolution No. PC99-177 approved Conditionai Use Permit No. 4142 to construct a 60-foot high
telecommunications monopole (disguised as a palm tree) and a 234 square foot accessory ground-mounted
equipment enclosure at 3150 - 3164 East La Palma Avenue; and
WHEREAS, said Resolution No: {'C99-177 includes thefollowing condition of approval:
"1. That the proposed telecommunication facility, consisting of one (1) "mono-palm tree"
with three (3) antenna arrays having two (2) antennas each, shall be permitted for a
period of five (5) years, to expire October 11, 2004."
WHEREAS, this property is currently developed with an industrial complex and the subject
telecommunications facility, the underlying zoning is SP 94-1, DA-5 (Northeast Area Specific Plan,
Development Area 5-Commercial Area) and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the applicant has requested reinstatement of this conditional usepermit to retain
the telecommunications facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on June 1, 2005, 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 "Procedures", -
' to hear and consider evidence for and against said proposed amendment 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 applicanYs proposal to permit and retain an existing telecommunications antenna
(disguised as a palm tree) with accessory ground-mounted equipment is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section Nos. 18.38.060 and 18.120.100.050.0511.
2. That the continued use of the telecommunications facility would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located since the property is
surrounded with industrial land uses.
3. That the size and shape of the site is adequate to allow the continued operation of the facility
in a manner not detrimental to the particular area nor to the health and safety as the telecommunications
facility disguised as a palm tree minimizes any potential aesthetic impacts.
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 undue burden 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 andthat the use will contribute to
an essential and effective wireless communications network system.
Cr\PC2005-086 -1- PC2005-86
Tracking No. CUP2005-04980
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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 reinstate this permit by modifying or deleting a condition of
approval pertaining to a time limitation (approved on October 11, 1999 to expire October 11, 2004) to retain a
60-foot high telecommunications monopalm; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permif No. 4142 is adequate to serve as the required
environmental documentation for this request upon finding that the declaration reflects the independent
judgmentof the lead agency and that it has considered the previously-approved Negative Declaration
together with any comments'received during the pubiic review process and further finding onthe basis ofthe
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 reinstatement of Conditional Use Permit No. 4142, incorporating conditions of approval
contained in Resolution No. PC99-17T, which are hereby found to be a' necessary prerequisite to the
proposed use of the subjecf 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 on October 11,
2009.
2. That the existing telecommunications facility disguised as a palm tree shall be limited to 60 feet in
height with six antennas (3 sectors with 2 antennas per sector) said antennas having maximum
dimensions of one (1) foot by four (4) foot. No additional or replacement antennas shall be permitted
without the approval of the Planning Commission. _
3. That all of the six (6) palm trees planted within the adjacent planter area to screen the monopalm shall
be replaced in a timely manner in the event that they are removed, damaged, diseased and/or dead.
4. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
monopalm or the equipment enclosure.
5. 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.
6. 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.
7. 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. The contact
person shall be available 24-hours a day. Interference complaints shall be resolved within 24 hours.
8. 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.
9. That should this telecommunication facility be sold, the Planning Services Division shall be notified in
writing within 30 days of the close of escrow.
10. That the telecommunications monopalm shall be continuously maintained in a like new condition such
that it maintains its appearance as a live palm tree consistent with approved exhibits.
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11. Thatthe subject property sha(I be developed and maintained substantially in accordance with the pians
and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. -
12. 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 FURTHERRESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressty predicated upon applicanYs 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 ofcompetent 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. Failure
to pay all charges shall result in the revocation of the approval of this application.
?HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 1, 2005. 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 ~I y a City C ncil
Resolution in the event of an appeaL
CHAIRMAN, A AHE LANNING COMMISSION
ATTEST:
~~('~- _ ,
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 Planning Commission
held on June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 15 ~~' day of
Q , 2005.
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S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION