Resolution-PC 2007-115• •
RESOLLTTION NO. PC2007-115
A RESOLUTION OF THE ANAHEIM PLA1VrTING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05249 BE GRANTED
(2790 EAST LINCOLN AVENUE)
WHEREAS, the Anaheim 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, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 145
PAGES 10 AND 11 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 October 1, 2007, 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, 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 deternune the following facts:
1. That the proposed use is properly one for which a conditional use pernut is
authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Antennas -
Telecommunications- Stealth Ground-mounted).
2. That the proposed telecommunications facility disguised as a flag pole 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 it provides a service to the community in a stealth facility.
3. That the size and shape of the site is adequate to allow full-development of the
request in a manner not detrimental to the particular area nor to the health and safety as the
telecommunication facility disguised as a flagpole would not affect the circulation or setbacks of the
existing commercial center.
4. That because this is an unmanned facility with infrequent maintenance, the traf~c
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.
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6. That no indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIItONMENTAL QUALITY ACT FINDING: Planning staff
has deternuned that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 3(New Construction), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE TT 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:
Prior to issuance of a building nermit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be comnlied with:
1. That this telecommunications facility disguised as a flag pole shall be limited to a m~imum
of six (6) panel antennas enclosed within the pole and accessory ground-mounted equipment.
No additional antennas or equipment cabinets shall be pernutted without approval from the
City. Said information shall be specifically shown on plans submitted for building permits.
2. That the walls of the ground-mounted enclosure shall be protected from graffiti opportunities
by the use of plant materials such as a minimum 1-gallon size clinging vines planted on a
ma~cimum 3-foot centers or tall shrubbery. Said information shall be specifically shown on
plans submitted for building permits.
3. That all equipment, including supply cabinets and power meter shall be screened from the
public right-of-way. In addition, the cable connecting 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.
4. That any required relocation of City electrical facilities shall be at the applicant's expense.
Landscape and/or landscape screening of all pad mounted equipment shall be required and
shall be specifically shown on plans submitted for building permits.
Prior to final building and zonin~ insnections the following conditions shall be comulied with:
5. That before activating this facility, the Operator shall submit 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 the Operator.
6. 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.
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7. That subject property shall be developed substantially in accordance with plans 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.
General Conditions:
8. That the flag pole shall be limited to displaying the United States flag or California State flag.
No signs, banners or any other form of advertising or identification shall be attached to the
proposed flag pole structure.
9. That the flag proposed for the site shall be maintained in a like new condition. In the event
that the flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately with a
new flag.
10. That the Operator shall ensure that the facility's installation and choice of frequencies will not
interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide
adequate spectrum capacity for public safety and related purposes.
1 l. 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 telecommunications facility be sold, the Planning Services Division shall be
notified within 30 days of the close of escrow.
13. That the portion of the property being leased to the telecommunications carrier shall be
permanently maintained in an orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours
from the time of discovery.
14. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s), (ii) the modification complies with
the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
15. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
16. 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 dces 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.
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BE IT FLTRTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 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 pernuts or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resoluti~nn in the evept of an appeal.
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CHAIR N,~NAHEIM PL G COMMISSION
ATTEST:
C,~.-
SR~ECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFOR1vIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 October 1, 2007, by the following vote of the members thereof:
AYES: COMMISSION: AGARWAL, BLTFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQLTEZ
NOES: COMMISSION: NONE
ABSENT: COMMISSION: NONE
.~` IN WTTNESS WHEREOF, I have hereunto set my hand this ~~~ day of
~ L' V~ e,0 , 2007. ~._.. _
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SECRETARY, ANAHEIM PLANNING CONIlVIISSION
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