Resolution-PC 2004-119~ `
RESOLUTION NO. PC2004-119
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION '
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04897 BE GRANTED '
(2001 WEST LA PALMA AVENUE - MARSHALL PARK).
WHEREAS, the Anaheim City 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:
THOSE PORTIONS OF THE SOUTH HALF, OF SECTION 5, TOWNSHIP 4 SOUTH RANGE
90 WEST, JN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN
BOOK ' 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE 1NTERSECTION OF FALMOUTH AVENUE WITH THE
SOUTHERLY PROLONGATION OF THE EAST LINE OF LOT 94 IN TRACT N0. 2093, AS
SAID INTERSECTION AND LOT ARE SHOWN ON A MAP 'OF SAID TRACT 2093,
RECORDED IN BOOK 76, PAGES'45 THROUGH'48, MISCELLANEOUS MAPS, RECORDS
OF SAID :ORANGE COUNTY; THENCE NORTH 89° 46' 20" EAST, 325.98 FEET;
THENCE SOUTH 0° 21' 35" EAST, 794.8'1 FEET TO AN INTERSECTION WJTH THE
CENTER LINE OF LA PALMA AVENUE; THENCE NORTH 0° 21' 35" WEST, 794.81
FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 4, 2004, at 1:30 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 Sections 18.14.030.040.0402 and 18.38.060.
2. That the proposed telecommunications facility disguised as a park light pole for the baseball '
field 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 development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a light pole which minimizes visibility from the 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.
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 That the Anaheim City Planning
` Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a park
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light pole for a baseball field with accessory ground-mounted equipment; 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 projectwill have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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:
1. That this permit shall expire five (5) years from the date of this resolution, on October 4; 2009.
2. That the telecommunications facility shall be limited to 65 feet in height for thepole, and 60 feetfor the 3
sectors consisting of 2 antennas panels (which are stacked) per sector, with a maximum height of 4 feet -
and accessory ground-mounted equipment. Said information shall be specifically shown on plans '.
submitted for building permits. No additional antennas or equipmenfcabinets shall be permitted without
the approval of the Planning Commission,
3. That the portion of the propertybeing leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, remoGal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
4. That no signage; flags, banners, or any other form of advertising shall be atfached to the antennas, the
transmission tower structure or the accessory equipment building.
5. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said'ground-mounted equipment shall match in color and texture the adjacent block wall and shall be
specifically shown on plans submitted for building permits.
6. That all equipment, including supply cabinets and power meter screened from public view as required by
the Community Services Department and Planning Department. The developer shall obtain a Right of
Way Construction Permit from the Public Works Department for any work within the public right of way,
including but not limited to installation of conduit, cable and electrical service lines.
7. That all final plans for this telecommunication facility including the antennas and ground-mounted
equipment enclosure shall be reviewed and approved by the Community Services Department. '
8. That the operator shall ensure that its installation and choice of frequencies will not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
9. That before activating its facility, the Operator shall submit to 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 Operator.
10. That the applicant shall resolve all interference complaints within 24 hours.
11. That the operator shall provide a"single point of contacY in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax number
and e-mail address of that person shall be provided to the Planning Services Division.
12. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms antl conditions of this permit.
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13. That the subject property shall be developed substantially in accordance with #he plans and
specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the
Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein.
14. 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. 2, 5, and 7 above-mentioned, shall be complied with.
Extensions for further time to complete said conditions'may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections Condition No. 9, 11 and 13 above-mentioned, shall
be complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent thaf it
complies with the Anaheim Municipal Code and any other applicable City, State and Federal ,,
regulations. Approval does not include any action or findings as to compliance or approval ofthe
request regarding'any other applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the Anaheim City 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.
: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
' October 4, 2004. Said resolution is subject to the appeal provisions set forth in Ghapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedur s and may re ced by a City Council
Resolution in the event of an appeaL
cd%?~"~
CHAIRMAN, ANA EIM C Y PLANNING COMMISSION
ATTEST:
/~y~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION _
STATE OF,CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: ROMERO, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION :
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