Resolution-PC 2001-91• •
RESOLUTION NO. PC2001-91
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-0-4384 BE GRANTED
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE ON JULY 2, 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 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 50, PAGE 38 OF PARC~L MAPS, iiV
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 July 2, 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 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 18.61.050.460 to permit a telecommunications antenna and accessory
grour.d-mounted eq~aiprnent.
2. That the proposed use 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
deveiopment 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.
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 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 7.7 acre property having a frontage of 375 feet on the
east side of Lewis Street and a maximum depth of 958 feet, being located 230 feet south of the centerline
of Howell Avenue, and further described as 1700 South Lewis Street; 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.
CR5128PK.doc -1- PC2001-91
• •
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 facility, consisting of one (1) "flagpole" with three (3) panel
antennas enclosed within the pole, shall be permitted for a period of five (5) years, to expire on July
2, 2006.
2. That the following information shall be specifically shown on the plans submitted for building permits:
(a) A maximum of three (3) panel-type antennas shall be located within the "flagpole";
(b) The overall structure shall not exceed a maximum height of forty five (45) feet; and
(c) The monopole antennas shall be completely enclosed within the proposed flagpole and shall
not be visible to the public's view.
That no additional or replacement antennas shall be permitted without the prior approval of the
Planning Commission.
That the proposed "flagpole" shall be limited to the display of the United States flag and/or the
California State flag, and the flag(s) shall be proportional in size to the monopole. No signs, banners
or any other form of advertising or identification shall be attached to the proposed "flagpole"
structure.
4. That the ground-moanted equipmen~ sha{I be cornpletely screened from view #rom any public-right-
of-way by a block wall along the south elevation of the building. The cable connecting the "flagpole"
to the equipment shall be underground and shall not be visible to the public. Said enclosure shall
be ;~lanted and maintained with shrubs and minimum one (1) gallon sized vines planted on
maximum three (3) foot centers. Said landscaping shall be served by permanent irrigation. Said
information shall be specifically shown on the plans submitted for building permits.
5. That the monopole shall be uniform in width, be constructed of permanent materials simulating an
authentic flagpole, and have a mechanism which will allow the flag(s) to fly freely. The pole shall
have a steel finish exterior and be maintained in good, clean condition. Said information sha!! 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 and debris, and removal of gra~ti within finrenty
four (24) hours from time of occurrence.
7. That the flag(s) proposed for the site shall be maintained in "like new" condition. In the event that a
flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately by a new flag. The
size of any flag shall be proportional to the "flagpole."
A Th~± ~f ~ fl~~`g~ ~~ ~~;nin n~ thg "~la~r~r~lP "~ha hac~ ~f th~ flagogle ~hall t~~ uplit to light the flag during
hours of darkness; or the flag(s) shall be taken down each night. Said information shall be
specifically shown on the plans submitted for building permits.
9. 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.
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.
-2- PC2001-91
~
n
~
11. That any required relocation of City of Anaheim electrical facilities shall be at the developer's
expense; and that all pad-mounted equipment shall be screened from view by use of landscape
and/or hardscape materials.
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 Exhibit Nos. 1 through 3, and as conditioned herein.
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, 8 and 10, 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 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 fnal judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void. .
July 2, 2001.
THE FOREGOING RESOLUTION was adopted a~he P~-inning (~~r~r~ission meeting of
CHAIRPERSON, A~ A I CI P
ATTEST:
~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
NING COMMISSION
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 Ciry Planning
Commission held on July 2, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ Tl day of
, 2001.
~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-91