Resolution-PC 2000-93• ~
RESOLUTION NO. PC2000-93
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04221 BE GRANTED, IN PART,
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE AUGUST 12, 2005
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:
THAT PORTION OF LOT 7, OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY
OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS
ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A BOLT IN THE PAVEMENT MARKING THE SOUTHEAST
CORNER OF SAID LOT 7; THENCE SOUTH 74° 37' 30" WEST 493.55 FEET
ALONG THE SOUTH LINE OF SAID LOT TO THE TRUE POINT OF
BEGINNING; THENCE NORTW 12° 08' WEST 466.90 FEET TO A POINT 0.27
FEET NORTH 74° 38' 30" WEST 100 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF, INCLUDED IN PUBLIC HIGHWAY
ALONG THE SOUTH SIDE.
ALSO EXCEPT THAT PORTIQN THEREQF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH~AST CORNER OF THAT CERTAIN LAND
DESCRIBED IN DEED TO JAMES B. WILLIAMS, RECORDED AUGUST 20,
1941 IN BOOK 1105, PAGE 4115, OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LAND SOUTH 12°
08' EAST 10.00 FEET; THENCE SOUTH 77° 55' WEST 100.00 FEET TO THE
EASTERLY LINE OF TRACT NO. 255 AS SHOWN ON A MAP RECORDED IN
BOOK 14, PAGE 25 OF MISC~LLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAIID COUNTY; THENCE ALONG SAID EASTERLY
LINE NORTH 12° 05' WEST 6.00 FEET TO THE NORTH LINE OF SAID LAND
OF WILLIAMS; THENCE ALONG SAID NORTH LINE NORTH 74° 38' 30" EAST
100.00 FEET TO THE POINT OF BEGINNING;
AND
LOT 11 OF TRACT NO. 255, EAST ANAHEIM SUBDIVISION IN THE CITY OF ANAHEIM,
AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 25 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AND
THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP OF SURV~EY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN
BOOK 3, PAGE 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS", IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
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COMMENCING AT A POINT ON THE MONUMENTED CETERLINE OF STATE COLLEGE
BOULEVARD (PLACENTIA AVENUE), BEING ON THE EASTERLY LINE OF SAID LOT 7,
NORTH 00° 07' 30" EAST 509.22 FEET FROM THE SOUTHEAST CORNER OF SAID LOT
7; THENCE LEAVING SAID CENTERLINE OF STATE COLLEGE BOULEVARD AND THE
EASTERLY LINE OF SAID LOT 7, SOUTH 74° 38' 30" WEST 340.14 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 74° 33' 20" WEST 261.75 FEET TO A POINT IN
THE NORTHEASTERLY LINE OF TRACT NO. 255, RECORDED IN BOOK 14, PAGE 25 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID POINT BEING NORTH 12° 08' 05" WEST 466.90 FEET FROM A 4x4
REDWOOD POST MARKING THE SOUTHEAST CORNER OF LOT 1 OF SAID TRACT NO.
255; THENCE LEAVING SAID TRACT NO. 255, NORTH 74° 34' 15" EAST 254.00 FEET
ALONG THE SOUTHERLY LINE OF PARCELS IDENTIFIED AS STOWE, MERRITT AND
BECK, AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE 34 OF RECORD OF
SURVEYS, ORANGE COUNTY, CALIFORNIA, TO A POINT BEING SOUTH 74° 34' 15"
WEST 382.30 FEET FROM THE EASTERLY LINE OF SAID LOT; THENCE SOUTHERLY IN
A DIRECT LINE TO THE TRUE POINT OF BEGINNING.
AND
THAT PORTION OF LOT 7 O~ ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP OF SURU~EY BY WILLIAM HAMEL A COPY OF WHICH IS SHOWN IN
BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS" IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN
DEED TO JAMES B. WILLIAMS, RECORDED AUGUST 20, 1941, IN BOOK 1105, PAGE
415, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE
EASTERLY LINE OF SAID LAND SOUTH 12° 08' EAST 10.00 FEET; THENCE SOUTH 77°
55' WEST 100.00 FEET TO THE EASTERLY LINE OF TRACT N0. 255, AS SHOWN ON A
MAP RECORDED IN BOOK 14, PAGE 25 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID EASTERLY
LINE NORTH 12° 05' WEST 6.00 FEET TO THE NORTH LINE OF SAID LAND OF
WILLIAMS; THENCE ALONG SAID NORTH LINE NORTH 74° 38' 30" EAST 100.00 FEET
TO THE POINT OF BEGINNIN',G.
AND
THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP OF SURV~Y BY WILLIAM HAMEL A COPY OF WHICH IS SHOWN IN
BOOK 3, PAGE 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS", IN THE
OFFICE OF THE COUNTY RECORDER QF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A BOLT IN THE PAVEMENT MARKING THE SOUTHEAST CORNER OF
SAID LOT; THENCE SOUTH 74° 37' 30" WEST 293.55 FEET ALONG THE SOUTH LINE
OF SAID LOT TO A POINT NORTH 74° 37' 30" EAST 100 FEET FROM THE SOUTHEAST
CORNER OF THE LAND DESCRIBED IN THE DEED TO JAMES B. WILLIAMS,
RECORDED AUGUST 20, 1941 IN BOOK 1105, PAGE 415 OFFICIAL RECORDS, SAID
POINT BEING THE TRUE POIINT OF BEGINNING; THENCE SOUTH 74° 37' 30" WEST 100
FEET ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHEAST CORNER OF THE
LAND DESCRIBED IN SAID DEED; THENCE NORTH 12° 08' WEST 491.65 FEET ALONG
THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE NORTHEAST
CORNER THEREOF; THENC~ NORTH 74° 38' 30" EAST 100 FEET; THENCE SOUTH 12°
08' EAST 491.65 FEET TO TH~ TRUE PQINT OF BEGINNING.
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EXCEPT THAT PORTION THEREOF IN PUBLIC HIGHWAY ALONG THE SOUTH SIDE.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 14, 2000 at 1:30 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
18.03, to hear and consider evidence for and against said proposed conditional use pe~mit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meeting of June 19, and July 17, 2000; and
WHEREAS, said Commiss~on, 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 18.41.050.210 and 18.46.050.290 to construct a telecommunications
monopole and accessory ground-mounted equipment with waiver of the following:
Section 18.41.063.030 - Minimum interior vard setback.
2. That the requested waiver, minimum interior yard setback, is hereby denied on the basis
that it was deleted following public notification.
3. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located; and that the approved
location for the proposal is in a tandscaped planter at the front of the property, which is an appropriate
location for a telecommunications monopole designed to look like a flag pole.
4. That the size and shape of the site for the proposed use, as approved, is adequate to
allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undu~e burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proiposal to co~nstruct a telecommunications monopole and
accessory ground-mounted equipment on a irregularly-shaped 3.1 acre property having a frontage of 200
feet on the north side of Center Street, a maximum depth of 590 feet, being located 310 feet west of the
centerline of State College Boulevard, and further described as 1919 East Center Street (Evergreen
Motel); 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 environment.
NOW, THEREFORE, BE I~" RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, for a period of five (5) years to
expire on August 14, 2005, 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 safety and general
welfare of the Citizens of the City of Anaheim:
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That the proposed telecommunications facility, consisting of one (1) "flagpole" with three (3)
antennas, shall be permitted for a period of five (5) years, to expire on August 14, 2005.
2. That a maximum of three (3) panel-type antenr~as may be located on the "flagpole" and that the
overall structure shall not exceed a maximum height of sixty five (65) feet. The monopole
antennas shall be completely enclosed within the proposed flagpole and shall not be visible to the
public. No additional or replacement antennas shall be permitted without the prior approval of the
Planning Commission. Said information shall be specifically shown on plans submitted for
building permits.
3. That the proposed flagpole shall be limited to displaying the United State flag and/or California
State flag. No signs, banners or any other form of advertising or identification shall be attached to
the proposed "flagpole" structure.
4. That a six (6) foot high block wall, as measured from the height of the adjacent property, shall be
constructed along the southern and eastern property lines adjacent to the rear area of subject
development: and that the ground-mounted equipment shall be enclosed with a six (6) foot high
block wall with rapidly growing clinging vines planted on maximum three (3) foot centers. Said
information shall be specifically shown on plans submitted for building permits.
That the monopole shall be constructed of permanent materials simulating an authentic flagpole.
The pole shall be painted silver and maintained in good, clean condition. Said information shall
be specifically shown on plans submitted for building permits.
6. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within
twenty four (24) hours from time of ~occurrence.
That trash storage areas shall be refurbished to include gates constructed to City standards, as
required by the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department. 5aid information shall be specifically shown on
plans submitted for building permits.
That the flag(s) proposed for the sitie shall be rmaintained in "like new" condition. In the event that
any flag fades, rips, frays or otherw;ise deteriorates, it shall be replaced immediately with a new
flag.
That the height of the flagpole shalll not exceed the height of the attached panel antennas at any
time. If the panels are lowered, the flagpole height shall be lowered to correspond with the height
of the panel antennas.
10. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
11. That the ground-mounted equipment area shall be provided with lighting of sufficient wattage to
adequately illuminate and make clearly visible the conduct of any person on or about this area of
the property during the hours of darkness. Additionally, the base of the flagpole shall be up-lit to
light the flag during the night. Said information shall be specifically shown on plans submitted for
building permits.
12. 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 No. 2 of Exhibit Nos. 1 through 5, and as conditioned
herein; provided, however, that modified exhibits shall be submitted in connection with building
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permits to show the approved location of the flag pole in the landscaped area between the front of
the building on Center Street and the south property line
13. 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, 7, 10 and 11, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be
complied with.
15. 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 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 City 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 judgrr~ent of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall I~e deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 14, 2000.
~HAIRPERS AH IM CITY PLANNING COMMISSION
ATTEST:
C~-~o!»I~c •
S CRE A Y, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 14, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUIV, BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
~~e~.. ,~.~.g
S R A Y, ANAHEIM CITY PLANNING COMMISSION
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