Resolution-PC 2007-95I
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RESOLUTION NO. PC2007-95 I
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A RESOLUTl~N OF THE ANAHEIM PLANNtNG COMMISSION ~
THAT PETITI4N FOR CONDITIONAL USE PERMIT N0. 2007=05224 BE GRANTED ;
' (501 SOUTH WESTERN AVENUE)
WHEREA$, the Anaheim Planning Commission did receive a veri~ed Petition for Conditional ,'
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, `
described as: I
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THE SOUTHEAST QUARTER OF THE NORTMWEST QUARTER OF I
SECTION ,14, TOWNSHIP 4 SOUTH, RANGE 11 1NEST, SAN BERNARDINO
BASE AND MERIDIAN; CONTAINING 40 ACRES MORE OR LESS. ,
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, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the '
City of Anaheim on August 6, 2007, 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, to i
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 itseif
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 is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18:14.030.040.0402 (Antennas - Telecommunications ` Steaith
Ground-mounted). '
2. 7hat the proposed telecommunications facility disguised as a flag pole 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-developmenf of the request in a
manner not detrimental to the articular area nor to the health and safety as the telecommunication facility ,
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disguised as a flagpole would minimize visibility from surrounding properties.
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 and that the use will contribute to, ~
an essential and effective wireless communications network system. '
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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 QUAUTY ACT FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(New
Construction), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to
prepare additional environmental documentation.
NOW, THEREFORE, BE tT RESOLVED that fhe Anaheim Ptanning Commission does i
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby ',,
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Cr\PC2007-95 -1- PC2007-95
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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 Citji of Anaheim:
resolution whichever occurs first the followin~ conditions shalt be complied with: ;
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1. That this telecommunications facility disguised as a flag pole shall be limited to a maximum of six (&) i
panei antennas enclosed within the pole and accessory ground-mounted equipment. No additionai I
antennas or equipment cabinets shail be permitted without approval from the City. Said information ;-
shall be specifically shown on plans submitted for building permits.
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2. 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 tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. !
3. That all equipment, including 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 Vlslble ~, '
to the public. Said information shalt be specifically shown on plans submitted for building permits. ,i
4. That any required relocation of City electrical facilities shall be at the applicanYs expense. ~andscape
and/or landscape'screening of all pad mounted equipment shall be required and shall be specifically +`
shown on plans submitted for building permits.
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Prior to fina! buildinq and zonins~ inspections the followin~ conditions shall be complied with:
5. 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 tesf shall 6e '~
conducted by the Communications Division of the Orange County Sheriffs Department or a Division
approved contractor at the expense of the Operator. ,
6. 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. ,
7. That subject property shall be developed substantially in accordance with plans and specifications ~
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning j
Qepartment marked Exhibit Nos. 1 through 5, and as conditioned herein. I
Genera( Conditions: '
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8. That the Operator shall ensure that the facility's installation and choice of frequencies will not interfere i
within 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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9. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user ~
of the facility, shal! comply with the terms and conditions of this permit. ;
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10. That should this telecommunications facility be sold, the Planning Services Division shall be notified' i
within 30 days of the close of escrow. '
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11. That the portion of the property being leased to the telecommunications carrier shall be permanently j
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of I
trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. - ;
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12. 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' estabiished that satisfies the original intenf
and purpose of the,condition(s), (ii) the modification complies with the Anaheim Municipal Code and:
(iii) the applicant has demonstrated significantprogress toward establishment of the use oc approved
development.
13. ; That extensions for further#ime to complete conditions of approval may be granted in accordance with
3ection' 18.60.170 of the Anaheim`Municipal. -.
14. 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 compiiance 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 expressiypredicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any parE thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals`herein contained, shallbe deemed null and void. '
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing ofthis discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of buitding permits for this project, whichever occurs first. Failure to pay all charges
shall resulf 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 `
August 6, 2007. 3aid resolution is subject to the appeal provisions set forth in Chapter 98.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appea( procedures and may be replaced
by a City Council Resolution in the event of an appeal.
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CHAI MAN, NAH IM PLA G COMMISSION :
ATTEST:
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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 August 6, 2007, by the following vote of the members thereof: :
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
N WITNESS WHEREOF, I have hereunto set my hand this o2 lS~ day of
v , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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