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Resolution-PC 2005-4i • RESOLUTION NO. PC2005-4 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04910 BE GRANTED (1800 WEST BALL ROAD) 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: PARCEL 1: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NOR7HWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 20, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SA1D SECTION 344.49 LOT 5; THENCE WEST ALONG SAID`SOUTH LINE 343.44 FEET TO THE WEST LINE THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 THENCE RUNNING WEST ALONG THE NORTH LINE OF SAID LOT TO A POINT 344.49 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH IN A STRAIGHT LINE TO A POINTS THE SOUTH LINE OF SAID LOT 5, BEING 343.44 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ALONG SAID SOUTH LWE TO THE SOUTHEAST CORNER OF SAIDIOT; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 5 TO THE POINT O~ BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 2004, 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 "Procedures", 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 said public hearing was continued to the November 1, December 13, 2004 and January 10, 2005, Commission meetings; 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 petitioner proposes to construct a telecommunications antenna (disguised as a light pole) with accessory ground-mounted equipment. 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. 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 minimizes any potential aesthetic impacts. CR/PC2005-004.doc -1- PC2005-4 • • 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 undueburden 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 light pole with accessory ground-mounted equipment and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of,thelead 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: 1. That the telecommunication facility is approved for a period of five (5) years to expire January 10, 2010. 2. That the telecommunications facility shall be disguised as a light pole and shall be limited to 43 feet in height and encased within a cylinder cell, and accessory ground-mounted equipment enclosed within an 8-foot high block wall enclosure. Said information shall be specifically shown on plans submitted for building permits. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the light pole or the enclosure. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. That 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 may be reported, and shall resolve all interference complaints within 24 hours. -2- PC2005-4 • • 10. 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. 11. That the Operator shall ensurethat 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 within 30 days of the close of escrow. 13. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 14. That the applicant 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. 15. 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 Revision 1 of Exhibit Nos. 1 through 4, and as conditioned herein. 16. 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; 4, 5, 9, 10, 13 and 14, 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. 17. That prior to final building and zoning inspections, Condition Nos. 8 and 15, above mentioned shall be complied with. 18. 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 the 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 7 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 January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal oce s and may replaced by a City Council Resolution in the event of an appeal. CHAIR N, ANAHEIM PLANNING COMMISSION A T: SEN O SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005-4 M i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: O'CONNELL VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of J 2005. ENIOR CRETARY, ANAHEIM PLANNING COMMISSION