Resolution-PC 2005-37~ ~
RESOLUTION NO. PC2005-37
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO: 2005-04956 BE GRANTED, IN PART
(3703 EAST MELVILLE WAY)
WHEREAS, the Anaheim Planning Commission did receive a yerified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 5, IN THE CITY OF ANAHEIM, AS SHOWN ONA PARCEL MAP FILED IN BOOK
58, PAGE 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
' COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 7, 2005, at 2:00 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 conditionaf 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 applicant's proposal to permit and retain an existing telecommunications antenna
(disguised as a palm tree) with an expansion of accessory ground-mounted equipment is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.38.060 and
18.120.090.050.058.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located since the property is
surrounded with industrial land uses :
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 telecommunications facility
disguised as a palm tree minimizes any potential aesthetic impacts.
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 retain a telecommunications facility (previously approved and
expired) at 3703 East Melville Way; and does hereby find that the previously-approved Negative Declaration
is adequate to serve as the required environmental documentation in connection with this request 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
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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 su6ject 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 #he telecommunication facility is approved for a period of five (5) years to expire March 7, 2010. '
2. That the existing telecommunications facility disguised as a palm tree shall be limited to 65 feet in
heightwith fifteen antennas (3 sectors'with 5 antennas per sector) said antennas having maximum '
dimensions of one (1) foot by four (4) foot. No additional or replacement antennas shall bepermitted
without'the approval of the Planning Commission.
3. That at least two (2) live palm trees,,each a minimum of forty (40) feet high, shall be located in close
proximity of the monopole and'equipment enclosure, as shown on approved Exhibit No. 1. Said trees
shall be served by a permanent irrigation system. Any tree planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
4. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
monopalm or the enclosure. -
5. That the ground-mounted equipment shall be located entirely within the enclosure and the cable
connecting to 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.
6. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. Said information shall be specifically shown on plans submitted for building permits.
7. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
8. 7hat 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 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 Operator shafl 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. The contact ' :
person shall be available 24-hours a day. Interterence complaints shall be resolved within 24 hours.
11. 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.
12. That should this telecommunication facility be sold, the Planning Services Division shall be notified in
writing within 30 days of the close of escrow.
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13. That any required relocation of City electrical facilities shall be at'the applicanYs expense. Landscape
and/or hardscape screening of all pad-mounted equipment shal{ be required and shall be specifically
`shown on plans submitted for building permits.
14. That the telecommunication monopalm shall be continuously maintained in a like new condition such '
that it maintains its appearance as a live palm tree consistent with approved exhibits. :
15. That the business shall be subject to Code Enforcement Division inspections at a frequency,of quarterly
inspections for the'first year, and annual inspections the following two years. The cost of said
inspections shall be paid for by the business owner.
16. That the subject property shall be developed substantially in accordance with the plans and ;
specifications submitted to the City ofAnaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos: 1 through 3, and as conditioned herein.
17. That within sixty (60) days from the date of this resolution, Condition Nos: 3, 8, 9 and 10 above-
mentioned shall be complied with.
18. That prior to issuance of a building permit for the expansion of the equipment area, or within a period of
one (1) year from the date of this resolution; whichever occurs first, Condition Nos. 5 and 6, 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#he Anaheim Municipal Code.
19: That prior to final building and zoning inspections, Condition No.' 14, above mentioned shall be complied
with. ,
20. 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 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 nul~ 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 7 days of the issuance of the final invoice. Failure
to pay all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures an y b laced y` ' y ouncil
Resolution in the event of an appeal. , ~
CHAIRMA , ANAH IM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIfORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that thefioregoing resolution was passed and adopted at:a meeting of the Anaheim Planning Commission
held on March 7, 2005; by the following vote of the members thereof:
' AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES; PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS:' ' NONE
ABSENT: ' COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto sef my hand this ~~ ^~- day of
ar~~ ; 2005:
~~i%~iGyrv-~.- /' i" ~`u'°
BENIOR SECRETARY; ANAHEIM PLANNING COMMISSION