Resolution-PC 2004-127~, ~
RESOLUTION NO. PC2004-127
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT'PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04909 BE GRANTED
;(2100 SOUTH HASTER STREET - PONDEROSA PARK)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition forConditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as'
LOT 16 OF "ORANGEWOOD TRACT", IN THE CITY-0F ANAHEIM, "COUNTY OF ORANGE,
STATE - OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7; PAGE 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF' THE COUNTY RECORDED OF SAID
COUNTY. SAID LAND IS SHOWN ON A MAP FILEDFOR RECORD IN BOOK 63, PAGE 5 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
` WHEREAS, the Anaheim'Planning Commission did hold a public hearing at the Ciyic Center
in the City ofAnaheim on October 18, 2004, at 2:30 p.m.; notice of said public hearing having been duly
given as required bylawand 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 because the facility is designed to blend in within the context of the park site.
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 Planning
Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a park
light pole for a basebal( 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 project will have a significant effect on the environmenf.
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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:
1. That this permit shall expire five (5) years from the date of this resolution;'on October 18, 2009.
2. That the telecommunications facility shall be limited to 60 feet in height for #he pole, and 45 feet for the 3
sectors consisting of 1 antenna panel {that are stacked) per sector, with a'maximum height of 4 feet and
painted to match the light pole and accessory ground-mounted equipment. Said information shall be
specifically shown on plans submitted for building permits. No additional antennas or equipment
cabinets shall be permitted without the approval of the Planning Commission:
3. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal 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 attached to the antennas, the
transmission tower structure or the accessory equipment building. ,
5. That the cable connecting the equipment shall be underground and shall nof be visible to the public.
Said ground-mounted equipment shall match in color 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 shall be screened from public view as
required by the Parks 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. Furthermore, that
clinging vines shall be planted with irrigation adjacent to the equipment enclosure in order to screen the
wall and prevent graffiti.
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 and conditions of this permit.
13. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
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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, 6, and 7 above-mentioned, shall be complied
with. Extensions for further time to complete said conditionsmay be granted in accordance with Section
18;60.170 of the Anaheim Municipal Code.
15. That prior to final buifding and zoning inspections, Condition Na 9 and 9 3 above-mentioned; shall be
complied with.
: 16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code and any other applicable City,'State and Federal'
regulafions. 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 #he 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 ali charges related
to the processing of this discretionary case application within 30 days of the issuance'of the final invoice or
prior to the issuance of building permits for this project, whichever occursfirst. 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
October 18, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal proc dures and be replaced by a City
Council Resolution in the event of an appeaL
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CHAIRMAN, ANAH IM PLANNING 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 AnaheimPlanning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim P(anning Commission
held on October 18, 2004, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~n o~ day of
~ , 2004-
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ' '
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