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RESOLUTION NO. PC2006-88
A RESOLUTION OF 7HE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIQNAL USE PERMIT N0.2006-05111 BE GRANTED
(1299 NORTM PATT 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 Califomia,
described as .
PARCEL'1: PARCEL 19 OF PARCEL MAP N0, 2005-147, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA; AS PER MAP RECQRDED'IN BOOK 348, :
PAGES 30 THROUGH 36 OF PARCEL MAPS, JN THE OFFICE OF' THE COUNTY
RECORDER OF SAID COUNTY. ' '
PARCEL 2:
_ THOSE CER7AW RECIPROCAL EASEMENT RIGHTS FOR INGRESS AND EGRESS,
DRIVEWAY, PARKING, UTILITY AND OTHER INTERESTS AS CREATED AND RESERVEp
BY THAT CERTAW DECLARATION OF COVENANTS, COND1TfONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR NORTH ANAHEIM BUSINESS PARK
RECORDED SEPTEMBER 12, 2006 AS INSTRUMENT NO. 2006000609235 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA,: AND AS AMENDED BY THAT CERTAIN
CERTIFICATE OF AMENDMENT RECORDED SEPTEMBER 22, 2006 AS INSTRUMENT
N0. 2006000630872 OF SAID OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 24, 2006, at 2:30 p.m., notice of said public hearing havingbeen duly given as
required by law and in accordance with the provisions of the Anaheim Municipat 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 that said public hearing was continued to
the August 7, August 21, September 6, and October 2, 2006, Planning 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 proposed request to construct a stealth ground-mounted telecommunications facility
with accessory ground-mounfed equipment to accommodate two (2) carriers is properly one for which a
conditional use permit is authorized by Anaheim Municipaf Code Section No. 18.10.030.040.0402
(Telecommunications-Stealth Ground-Mounted) to construct two (2) telecommunications fiacilities disguised
as palm trees, "monopalms"
2 That the proposed use wil{ 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 proposal includes the addition of
live palm trees adjacent to the monopalms, with minimum heights of forty (40) feet to create a grove affect
and there is another monopalm facility in the vicinity.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety because the telecommunications facilities would be located in an existing landscape planter area with
minimal new equipment;
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4. That because these are unmannedfacilities 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 of the 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 effective wireless communications network system in a manner that would blend in with the backdrop of
the vicinity with adjacen4 palm trees. '
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. That a pe~son spoke in support of the
request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning,
Commission has reviewed the proposal; 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 reyiew 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 s+gnificant effect on the environment. '
NOW, THEREEORE,BE IT;RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit; upon the following conditions which arehereby '
found to be a necessary prerequisite to the proposed use of the subject property in order fo preserve the
health and safety of the Citizens of the City of Anaheim:
1. That there shall be a maximum of two (2) telecommunications facilities disguised as palm trees.
That each of the proposed faci{ities shall be limited to a maximum of#hree (3) sectors with no
more than four (4) panel antennas on each sector for a total of twelve {12) antennas for each
facility on the faux palm and accessory ground-mounted equipment. The antennas shall be .
limited to an operating center heighf of forty-eight (48} and fifty-two (52) feet and an overall height
of fifty-five (55) and fifty-seven (57) feet. No additional antennas shall be permitted withouf the
approval of the Planning Commission. Said information shall be specifically shown on ptans
submitted for building permits. '
2. That the round-shaped faux palms trunk shall be painted brown to appear similar to a live palm
tree trunk in order to blend with the six (6) live palm trees. The antenna arrays and individual
panel antennas shall be finished and painted green to match the artificial palm fronds attached to
the structure. Said information shall be specifically shown on the plans submitted by building
permits.
3. That the walls of the ground-mounted equipment enclosures shall be protected from graffiti
opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted
on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits.
4. That all equipment, including supply cabinets and power meter shall be screened from the public
right-of=way. In addition 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 the Operator shall ensure that its installation and choice of frequencies will not interfere with
in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for public safety and:related purposes.
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6. That before activating this facility, the Operator shall submit to a post-installation test to confirm
thaf the facility does not interfere with the City of Anaheim's Public Safetyradio equipmenf. 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:
7. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to
be forwarded to the Fire andPolice Departments) to which interference problems may be
reported, and shall resolve all interference,complaints within 24 hours.
8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other
user of thefiacility, shall comply with the terms and conditions of this permit.
9. That should this telecommunications facility be sold, the Planning Services Divisions shall be
notified within 30 days of the close of escrow.
10. That any required relocation of City electrical facilities shall be at the applicanYs expense.
Landscape and/or landscape screening of all pad mounted equipment shall be required and shall
be specifically shown on plans submitted for building permits.
11. That portion of the property being leased to the telecommunications provider shall be
permanently maintained in an orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from
time of discovery.
12. That no signs, flags, banners, or any other form of advertising shall be attached to the faux palm
trees.
13. That final landscape plans indicating a total of at least six (6) palm trees with a minimum height of
forty (40) feet and understory landscaping shall be provided adjacent to the proposed faux palms.
Said information shall be specifically shown on plans submitted for building permits. Any decision
by staff regarding said plans may be appealed to the Planning Commission as a Reports and
Recommendations item. Once planted, the trees and landscaping shall be maintained in a
healthy condition.
14. 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 through 4 and as conditioned herein.
15. 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. 1, 2, 3, 4, 10, and 13, above mentioned, shall
be complied with. Extensions of further time #o comptete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition Nos. 6, 7, and 14, above mentioned,
shall be complied with.
17. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
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, Stafe and
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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 FURTMER RESOLVED #hat the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and
afl 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 alf charges related
to the processing of this discretionary case application within 15 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 2, 2006. Said resolution is subject to the appeal provisions'set forth in Chapter 18.60, "Zoning
Provisions - General" of'the Anaheim Municipal Code pertaining to appeal procedures and ma be;replaced
by a City Counci( Resolutiorr in the event of an appeaL _
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CHAIRM ,ANA EIMPLANNINGCOMMISSION
ATTEST:
r ,
SENIOR BECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTYDF 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 October 2, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, FLORES, VELASQUEZ `
NOES: COMMISSIONERS: ROMERO
ABSENT: COMMISSIONERS: BUFFA, KARAKI
/ 1N WITNESS WHEREOF, I have hereunto set my hand this 1~~~ day of
C t v~~e r, 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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