Resolution-PC 2001-109• •
RESOLUTION NO. PC2001-109
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04400 BE GRANTED
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE AUGUST 13, 2006
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:
PARCELS 14, 15 AND 16, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 202, PAGES
41 TO 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 13, 2001 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 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-de#ermine the follo-wing 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 18.84.061 to permit a telecommunications antenna
and accessory ground-mounted equipment.
2. That the proposed use, under the conditions imposed, will 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 for the proposed use 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.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. 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.
6. That one person indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a telecommunications antenna and accessory
ground-mounted equipment on a irregularly-shaped 1.24-acre property located at the southeast corner of
Kaiser Boulevard and Chaparral Court with frontages of 280 feet on the south side of Kaiser Boulevard
and 230 feet on the east side of Chaparral Court, and further described as 100 South Chaparral Court;
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.
CR5161 PK.doc -1- PC2001-109
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 safety and general welfare of the Citizens of the City of Anaheim:
That the proposed telecommunications faciliry, consisting of one (1) "flagpole" with six (6) panel
antennas enclosed within the pole, shall be permitted for a period of five (5) years, to expire on
August 13, 2006.
2. (a) That a maximum of six (6) panel-type antennas may be located within the 2'- 6" diameter
"flagpole," and the monopole antennas shall be completely enclosed within the proposed
flagpole and shall not be visible to the public. The overall structure shall not exceed a
maximum height of fifty (50) feet. The monopole shall be designed to allow the flag to fly freely.
This information shall be specifically shown on the plans submitted for building permits.
(d) That no additional or replacement antennas shall be permitted without the prior approval of the
Planning Commission.
3. That the proposed flagpole shall be limited to the display of the United State flag and/or California
State flag with dimensions proportional to the height of the monopole. No signs, banners or any
other form of advertising or identification shall be attached to the proposed "flagpole" structure.
4. That the proposed screening for the microwave dish shall not be recognizable as a screening device
and shall be composed of materials similar to and-compatible vuitk~ the building. Said ser2ening
enclosure shall be subject to field inspection by the Zoning Division. Any decision by the Zoning
Division regarding the adequacy of the screening material may be appealed to the Planning
Commission and considered under "Reports and Recommendations." The dish itself shall be
painted to match the color of the roof of the building. Said information shall be specifically shown on
plans submitted for building permits.
5. That the base of the flagpole shall be uplit to light the flag during hours of darkness; or the flag shall
be taken down each night. Said information shall be specifically shown on the plans submitted for
building permits.
6. That the ground-mounted equipment shall be located entirely within the designated "leased" area of
the building; and that the cable connecting the "flagpole" to the equipment shall be underground and
shall not be visible to the public. Said information shall be specifically shown on the plans submitted
for building permits.
7. That the monopole shall be constructed of permanent materials simulating an authentic flagpole.
The pole shall have steel finish exterior and shall be maintained in a good and clean condition. Said
information shall be specifically shown on the plans submitted for building permits.
8. That the qortion of the property under lease to the telecommunicatiQn~ pr4vi~~~ shal~ ~e ~er~„ar,Pr,t~y
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 the flag shall be maintained in "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 height of the flagpole shall 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.
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11. That 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 Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
12. 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(a), 4, 5, 6, 7 and 15, herein-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.
13. That prior to final building and zoning inspections, Condition Nos. 4 and 11, above-mentioned, shall
be complied with.
14. 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.
15. That the ~nal plans submitted to the Building Division for permits shall reflect the flagpole as
designed by the photo simulation (i.e., the flagpole shall have a uniform width) which was presented
at the August 13, 2001 Planning Commission public hearing.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be decla~ed invalid or unenforceable by tbe final judgment o~-any co~r~-of compete~t jurisdiEEion, then ~his
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 13, 2001. 1
ATTEST:
, ANAHEIM CITY PLANNING COMMISSION
~~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 13, 2001, by the following vote of the members #h~reof;
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: ARNOLD
ABSTAINED: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: BOYDSTUN
/ / IN WITNESS WHEREOF, I have hereunto set my hand this li ~ day of
St o2 t.y,be 2, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2001-109