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Resolution-PC 2008-25• RESOLUTION NO. PC2008-25 • A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05292 BE APPROVED (195 AND 201 EAST COMMERCE STREET) WHEREAS, this property is currently developed with a concrete hatching facility within the Industrial Zone and the Commercial/Industrial (North Central Area) Overlay zoning and the Anaheim General Plan designates this property for Industrial land uses; WHEREAS, on July 7, 1999, the Anaheim Planning Commission adopted Resolution No. PC99-126 in connection with Conditional Use Permit No. 4136 to permit construction of a 62-foot high telecommunication tower disguised as a palm tree with a square trunk and three antenna rays with five antennas each; WHEREAS, Conditional Use Permit No. 4136 included a condition of approval setting forth a July 7, 2004, expiration date and the applicant did not request an extension or modification of that time limitation within six months of the permit's expiration date as required by the Code; 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: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51 • PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THEREFROM THE SOUTHERLY 22 FEET THEREOF, AS CONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPOSES BY DEED RECORDED MARCH 10, 1939 IN BOOK 981, PAGE 510, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID NORTHEAST QUARTER WITH A LINE PARALLEL WITH AND EASTERLY 322 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE SOUTH 89 DEGREES 36 MINUTES 48 SECONDS EAST, ALONG SAID NORTHERLY LINE, 343.21 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 0 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 450.75 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 44 SECONDS WEST 30 FEET; THENCE NORTH 19 DEGREES 23 MINUTES 33 SECONDS WEST 82.87 FEET; THENCE NORTH 59 - 1 - PC2008-25 • 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 62-foot tall telecommunications facility disguised as a palm 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 palm tree would not affect the circulation or setbacks of the property. 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 previously-approved Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously-approved 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 applicant's/Operator's compliance with 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: - 3 - PC2008-25 • • Responsible COA Conditions of Approval for Monitorin GENERAL COA1 That this sixty-two (62) foot tall telecommunications facility Planning disguised as a palm tree shall be limited to a maximum of fifteen (15) 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 trunk shall be painted brown and textured to appear similar Planning to a live palm tree trunk. The antenna arrays and individual panel antennas shall be finished. painted and maintained in a green color to match the artificial palm branches and leaves. Within sixty (60) days following adoption of this Resolution, the operator shall paint the arrays and individual panel antennas and submit a letter to the Planning Services Division with a photograph to document that this condition has been satisfied. COA3 The existing fencing with slats shall be maintained and replaced if Planning necessary to maintain an upright position and fully screen the equipment from the public right-of--way. In addition, the cables connecting the equipment to the monopole shall be fully concealed with a metal cover painted to match the structure. All exposed cables connecting the equipment to the antennas shall be concealed within the square trunk. Within sixty (60) days following adoption of this Resolution, the operator shall plant vines at the base of the inside of the fence adjacent to the property line so that vines are allowed to grow up and over the fence to screen the view of the fence from the street. Within the same sixty (60) day time frame following installation of the vines, the operator shall submit a letter to the Planning Services Division with a photograph to document that this condition has been satisfied. COA4 The two live palm trees closest to Commercial Street shall be Planning replaced with same size trees placed in a location that would successfully camouflage the stealth tower within sixty (60) days following adoption of this Resolution. All live palm trees shall be properly and professionally maintained by the Operator in a healthy condition and shall be replaced immediately if the tree(s) are damaged, diseased andlor dead. - 4 - PC2008-25 • • Responsible COA Conditions of Approval for Monitorin COAS The Operator shall provide a 24-hour telephone number to the Planning 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. COA6 The subject property shall be developed substantially in accordance Planning 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. COAT The Operator shall ensure that the facility's installation and choice Planning 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. COA8 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. COA9 That should this telecommunications facility be sold, the Operator Planning shall notify the Planning Services Division within 30 days of the close of escrow. COA10 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. COA11 That timing for compliance with conditions of approval maybe Planning 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. COA12 That extensions for further time to complete conditions of approval Planning maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. - 5 - PC2008-25 • COA Conditions of Approval Responsible for Monitorin COA13 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 20, 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. . ~ c~ CHA A ANAHEIM P ANNING COMMISSION ATTEST: ~~ ARY, ANAHEIM PLANNING COMMISSION _ 6 _ PC2008-25 • N 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 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONER: BUFFA, EASTMAN, FAESSEL, VELASQUEZ NOES: COMMISSIONER: ROMERO ABSENT: COMMISSIONER: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of March, 2008. ARY, ANAHEIM PLANNING COMMISSION - 7 - PC2008-25