Resolution-PC 2001-158~
RESOLUTION NO. PC2001-158
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04404 BE GRANTED
FOR FIVE (5) YEARS UNTIL NOVEMBER 19, 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:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 225 PAGES 1 AND 2 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 November 19, 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 that the hearing was
continued from the August 13, September 10, September 24, October 8, October 22 and November 5,
2001 Planning Commission meetings; and
WkiER~AS, said Com~ission, aft~r du~ insp~ction, inuestigation 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 Section 18.21.050.125 to permit a telecommunication antenna and accessory
ground-mounted equipment.
2. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and devefopment 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 no one indicated their presence at the public hearing in opposition to the proposal;
that a representative of the West Anaheim Neighborhood Council ("WAND") spoke with concerns; 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 2.6-acre irregularly -shaped property located at the southeast
corner of Orange Avenue and Magnolia Avenue, having frontages of 250 feet on the south side of Orange
Avenue and 425 feet on the east side of Magnolia Avenue, and further described as 2580 West Orange
Avenue (St. Paul's Presbyterian Church); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
CR5239PK.doc -1- PC2001-158
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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 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:
1. That the proposed telecommunications facility (consisting of a forty five (45) foot high architectural
faux bell tower including three (3) arrays and a total of twelve panel (12) antennas and ground-
mounted equipment within the base of the tower) shall be permitted for a period of five (5) years
from the date of this resolution.
2. That a maximum of three (3) panel type antennas may be located within the proposed bell tower
with the accessory ground-mounted equipment being enclosed in the base of the tower. The total
height of the bell tower shall be limited to forty five (45) feet. Said information shall be specifically
shown on the plans submitted for building permits. No additional antennas or equipment cabinets
shall be permitted without the prior approval of the Planning Commission.
3. That no signs, flags, banners or any other form of advertising or identification shall be attached to
the bell tower, except as specifically permitted under Condition No. 7, herein.
4. That the architectural faux bell tower shall be finished with colors and materials that resemble a real
belE tower and matck~ or compleFnent the exis~ing ehurch b~ilding. Said in#oF~atior~ shall be
specifically shown on the plans submitted for building permits, and shall be reviewed by the Zoning
Division. Upon completion of the bell tower, an inspection shall be conducted by the Zoning
Division to determine whether the colors and materials used are compatible with the church and
resemble a real bell tower. Any decision made by the Zoning Division regarding the exterior finish
of the structure may be appealed to the Planning Commission and/or City Council.
5. That any lighting of the tower shall be specifically shown on the 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 or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
7. That signage for the church shall be limited to two (2), maximum finrenty (20) square foot,
identification signs attached to the base of the tower at a maximum height of four (4) feet. No other
freestanding signs shall be permitted on the property. Said information shall be specifically shown
on the plans submitted for building permits.
That the bells on the tower shall not be operable.
9. That subject property shall be developed substantially in accordance with 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 and 2, and Exhibit No. 3, and as conditioned
herein.
10. 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 and 7, 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.
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11. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be
complied with.
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.
13. That the within a period of forty five (45) days from the date of this resolution, a Final Landscaping
Plan (including all the trees and plants specified by the applicant) shall be submitted to the Planning
Commission for review and approval as a"Reports and Recommendations" item.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 19, 2001.
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CHAIRP ON, ANAHEI ITY PLANNING COMMISSION
ATTEST:
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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 November 19, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
IN WITNESS WHERI
, 20U1.
ARNOLD, BOSTWICK, BOYDSTUN, BRlSTOL, EASTMAN, VANDERBILT
NONE
NONE
KOOS
=OF, I have hereunto set my hand this % T~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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