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Resolution-PC 2005-86,~ • RESOLUTION NO. PC2005-86 A RESOLUTION OF THE ANANEIM PLANNING COMMISSION REINSTATING ANDAPPROVING CONDITIONAL USE PERMITNO. 4142, AND ' AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-177, ' ADOPTED THEREWITH ' WHEREAS, on October 11, 1999, the Anaheim Planning Commission, by Resolution No. PC99-177 approved Conditionai Use Permit No. 4142 to construct a 60-foot high telecommunications monopole (disguised as a palm tree) and a 234 square foot accessory ground-mounted equipment enclosure at 3150 - 3164 East La Palma Avenue; and WHEREAS, said Resolution No: {'C99-177 includes thefollowing condition of approval: "1. That the proposed telecommunication facility, consisting of one (1) "mono-palm tree" with three (3) antenna arrays having two (2) antennas each, shall be permitted for a period of five (5) years, to expire October 11, 2004." WHEREAS, this property is currently developed with an industrial complex and the subject telecommunications facility, the underlying zoning is SP 94-1, DA-5 (Northeast Area Specific Plan, Development Area 5-Commercial Area) and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional usepermit to retain the telecommunications facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 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 "Procedures", - ' to hear and consider evidence for and against said proposed amendment 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 applicanYs proposal to permit and retain an existing telecommunications antenna (disguised as a palm tree) with 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 18.120.100.050.0511. 2. That the continued use of the telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is located since the property is surrounded with industrial land uses. 3. That the size and shape of the site is adequate to allow the continued operation of the facility 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 andthat the use will contribute to an essential and effective wireless communications network system. Cr\PC2005-086 -1- PC2005-86 Tracking No. CUP2005-04980 . ~ 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 reinstate this permit by modifying or deleting a condition of approval pertaining to a time limitation (approved on October 11, 1999 to expire October 11, 2004) to retain a 60-foot high telecommunications monopalm; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permif No. 4142 is adequate to serve as the required environmental documentation for this request upon finding that the declaration reflects the independent judgmentof the lead agency and that it has considered the previously-approved Negative Declaration together with any comments'received during the pubiic review process and further finding onthe basis ofthe 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 reinstatement of Conditional Use Permit No. 4142, incorporating conditions of approval contained in Resolution No. PC99-17T, which are hereby found to be a' necessary prerequisite to the proposed use of the subjecf 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 on October 11, 2009. 2. That the existing telecommunications facility disguised as a palm tree shall be limited to 60 feet in height with six antennas (3 sectors with 2 antennas per sector) said antennas having maximum dimensions of one (1) foot by four (4) foot. No additional or replacement antennas shall be permitted without the approval of the Planning Commission. _ 3. That all of the six (6) palm trees planted within the adjacent planter area to screen the monopalm shall be replaced in a timely manner in the event that they are 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 equipment enclosure. 5. 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. 6. 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. 7. 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. The contact person shall be available 24-hours a day. Interference complaints shall be resolved within 24 hours. 8. 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. 9. That should this telecommunication facility be sold, the Planning Services Division shall be notified in writing within 30 days of the close of escrow. 10. That the telecommunications 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. -2- PC2005-86 . ~ 11. Thatthe subject property sha(I be developed and maintained substantially in accordance with the pians 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 5, and as conditioned herein. - 12. 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 FURTHERRESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressty predicated upon applicanYs 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 ofcompetent 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. Failure to pay all charges shall result in the revocation of the approval of this application. ?HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 1, 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 and may be ~I y a City C ncil Resolution in the event of an appeaL CHAIRMAN, A AHE LANNING COMMISSION ATTEST: ~~('~- _ , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 1, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ NOES: COMMISSIONERS: NONE ' ABSENT: COMMISSIONERS: FLORES VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 15 ~~' day of Q , 2005. ~~ r S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION