Loading...
Resolution-PC 2007-1~ • RESOLUTION NO. PC2007-1 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMfT N0: 2006-05141 BE GRANTED (995 NORTH WEST STREET) WHEREAS, the Anaheim Pfanning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP NO. 89-135, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP FILED IN BOOK 246, PAGES 1, 2, AND 3 OF PARCEL MAPS, 4N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETMER WITH THAT PORTION OF LOT 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 56 OF RECORD OF SURVEYS, IN TNE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS LOT 1 OF LOT LINE ADJUSTMENT NO. 394 RECORDED MARCH 27, 1998 AS INSTRUMENT NO. 19980177373 OF OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 16, 2006, at 2:30 p.m., notice of said public hear+ng 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 that said public hearing was continued to the November 13, and December 11, 2006, Planning Commission meeting in the City of Anaheim; 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 foffowing facts: 1. That the applicanYs proposal to permit a stealth building-mounted telecommunications facility and accessory ground-mounted equipment on an existing church building is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.04.030.040.0402 (Antennas- Telecommunications - Stealth Building-Mounted) and 18.38.060. 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 because the proposed antennas would be designed to minimize the visual impact and would incorporate similar building materials and architectural embellishments as the existing building design, and the proposed accessory ground-mounted equipment shelter would match the architectural elements and building materials of the adjacent church buildings. fn addition, the building and facility is readily visible from pubfic rights-of-way, and the closest structure is approximately thirty-five (35) feet away. 3. That the size and shape of the site is adequate to aflow full development of the proposaf in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be located on an existing building and the new equipment facility would not reduce the number of parking spaces provided. 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 and undue burden upon the streets and highways designed and improved to carry the traffic in the area. Cr\PC2007-1 -1- PC20~7-1 ~ ~ 5. That granting this conditiona{ 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 contributes to an essential and effective wireless communication network system in a manner that would blend-in with the existing facilities. 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 The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subjecf 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 general welfare of the Citizens of the City of Anaheim: 1. That this telecommunications facility shall be limited to a maximum of three (3) sectors with no more than four (4) panel antennas on each sector for a total of twelve (12) antennas and accessory ground-mounted equipment. The antennas shall be limited to an overall height of 37 feet. No additional antennas or equipment cabinets shall be permitted without approval from the City. Said information sha11 be specifica{ly shown on the plans submitted for building permits. 2. That the antennas shall be finished and painted to match the roof screen. Said information shall be specifically shown on the plans submitted for building permits. 3. That the walls of the ground-mounted enclosure shall be protected from graffiti opportunities by the use of plant materials such as a minimum 1-gallon size clinging vines planted on a maximum 3-foot centers or talf shrubbery. Said infarmation shall be specifically shown on the plans submitted for building permits. 4. That aH equipment, inciuding supply cabinets and power meter shall be screened from the public right-of-way. In addition, the cable connecting 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 the facility's installation and choice of frequencies will not interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 6. That before activating this facility, the Operator shall submit 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 SherifFs Department or a Division approved contractor at the expense of the Operator. 7. 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. 8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shalt comply with the terms and conditions of this permit. -2- PC2007-1 . ~ 9. That should this telecommunications facility be sold, the Planning Services Division 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 shal{ be specifically shown on plans submitted for building permits. 11. That the portion of the property being leased to the telecommunications carrier shall be permanently maintained in an orderly fashion through the provision af regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 12. That the materiafs used for the parapet screen be similar in design color and texture to the existing building and that a final inspection is required. 13. That final plans shall be submitted to the Planning Services Division for staff review and approval reflecting a simplified parapet design for the proposed facility. Any decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. 14. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Plann+ng Department marked Exhibits 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 to complete 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, Conditions Nos. 6, 7, 12, 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly 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 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 ofi 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 a{I charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2007-1 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 8, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code perteining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL f ~,. CHAIRMA , AN HEIM PLANNING COMM{SSION ATTEST: / ~'I~uo 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 resofution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 8, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ NOES: COMMISSIONERS: ROMERO ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, I have hereunto set my hand this ~3"~ day of a c~ , Zoo~. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~ -4- PC2007-1