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Resolution-PC 2008-22 RESOLUTION NO. PC2008-22 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05286 BE APPROVED (1400 NORTH BURTON PLACE) 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 California, described as: PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 7 PAGE 37, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the applicant has requested approval of a Conditional Use Permit to construct a 65-foot tall telecommunications facility disguised as a pine tree with accessory ground-mounted equipment 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 February 4, 2008, 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 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 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Antennas - Telecommunications -Stealth Ground-mounted). 2. That the proposed 65-foot tall telecommunications facility disguised as a pine tree 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 it provides a service to the community in a stealth facility. 3. That the size and shape of the site is adequate to allow full-development of the request in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility disguised as a pine tree would not affect the circulation or setbacks of the existing property. _ 1 - PC2008-22 • • 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. 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 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: Responsible COA Conditions of Approval for Monitorin TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT COA1 That this sixty-five (65) foot tall telecommunications facility Planning disguised as a pine tree shall be limited to a maximum of twelve (12) panel antennas and accessory ground-mounted equipment. No additional antennas or equipment cabinets shall be permitted without approval from the City. Said information shall be specifically shown on plans submitted for building permits. COA2 That the round-shaped trunk shall be painted brown and Planning textured to appear similar to a live pine tree trunk. The antenna arrays and individual panel antennas shall be finished and painted green to match the artificial pine tree needles attached to the structure. Said information shall be specifically shown on the plans submitted for building permits. COA3 That the walls of the ground-mounted fence and wall Planning enclosure shall be protected from graffiti opportunities by the use of graffiti resistant paint. Said information shall be specifically shown on plans submitted for building permits. - 2 - PC2008-22 • Responsible COA Conditions of Approval for Monitorin COA4 That all equipment, including supply cabinets and power Planning meter, shall be screened from the public right-of--way. The screening around the ground mounted equipment shall be solid masonry except at the access gate. The access gate shall include slats to screen the equipment from public view. 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. COAS That any required relocation of City electrical facilities shall Planning be at the applicant's 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. COA6 That a note shall be added to the plans submitted for building Planning permits that prior to final building and zoning inspections and prior to 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 Sheriff's Department or a Division approved contractor at the expense of the Operator. COAT That a note shall be added to the plans submitted for building Planning permits indicating that prior to final building and zoning inspections and prior to activating this facility, 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 maybe reported, and shall resolve all interference complaints within 24 hours. COA8 That a note shall be added to the plans submitted for building Planning permits that prior to final building and zoning inspections, the 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 Department marked Exhibit Nos. 1 through 4, and as conditioned herein. - 3 - PC2008-22 • C~ Responsible COA Conditions of Approval for Monitorin COA9 That a note shall be added to the plans submitted for building Planning permits indicating that prior to final building and zoning inspections, 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. COA10 That conditions that are required to be complied with prior to Planning issuance of building permits that require information to be provided on plans (such as roof-mounted equipment location and screening, security measures, trash storage areas, fire truck turn-around areas, etc.) shall be shown on plans submitted for building permits, and implemented prior to final building and zoning inspection. GENERAL COA11 That the Operator shall ensure that any of its contractors, sub- Planning contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. COA12 That should this telecommunications facility be sold, the Planning Planning Services Division shall be notified within 30 days of the close of escrow. COA13 That the portion of the property being leased to the Planning telecommunications carrier 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 the time of discovery, and the facility shall be maintained in the original condition as approved. COA14 That timing for compliance with conditions of approval may Planning 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. COA15 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. - 4 - PC2008-22 COA Conditions of Approval Responsible for Monitorin COA16 That approval of this application constitutes approval of the Planning 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 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 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 February 4, 2008. 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 may be replaced by a City Council Resolution in the event of an appeal. r CHA A , ANAHEIM P yY ING COMMISSION ATTEST: v~~- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - $ - PC2008-22 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 February 4, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of February, 2008. lj--- L~ ~~--s SENIOR~ECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008-22