Resolution-PC 2002-145• •
RESOLUTION NO. PC2002-145
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04596 BE GRANTED
FOR FIVE (5) YEARS, TO EXPIRE ON SEPTEMBER 23, 2007
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 VINEYARD LOT B1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED
IN BOOK 4, PAGES 629 AND 630, DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID VINEYARD LOT B1,
THENCE NORTHERLY 404.05 FEET ALONG THE WESTERLY LINE OF SAID
VINEYARD LOT B1 TO THE SOUTHERLY LINE OF THE NORTHERLY 10 ACRES
OF SAID VINEYARD LOT B1; THENCE EASTERLY 100.00 FEET PARALLEL WITH
THE NORTHERLY LINE OF SAID VINEYARD LOT 61; THENCE SOUTHERLY
404.12 FEET PARALLEL WITH SAID WESTERLY LINE TO THE SOUTHERLY LINE
OF SAID VINEYARD LOT B1; THENCE WESTERLY 100.00 FEET ALONG THE
SOUTHERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTHERLY 7.00 FEET THEREOF, AS GRANTED TO THE CITY O.F
ANAHEIM FOR WIDENING SYCAMORE STREET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 23, 2002 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
ground-mounted equipment with waiver of the following:
Section 18.61.063.020 - Minimum side yard setback adiacent to a residential zone.
(7 to 40-foot wide landscaped setback required between structures and
residential zoning;
none to 20-foot wide landscaped setback proposed between a 40-foot high
telecommunications antenna with accessory ground-mounted equipment
and RS-A-43,000 "Residential/Agricultural" zoning)
2. That the proposed use consists of a 40-foot high telecommunications facility disguised as
a`flag pole' and a 124 sq.ft. concrete block equipment shelter located on property developed with a
Veterans of Foreign Wars meeting hall; and that the subject property is zoned ML (Limited Industrial)
with adjoining RS-A-43,000 (Residential/Agricultural) zoned property to the west.
3. That there are special circumstances applicable to the property consisting of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity, because the
adjacent property, although zoned residentially, cannot reasonably be utilized for residences because it is
an active railroad right-of-way.
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4. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
5. 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.
6. 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 because the proposal is an
unmanned facility with infrequent maintenance.
7. That granting this use permit for a telecommunications `stealth' facility designed as a
flagpole with related ground-mounted equipment will not, under the conditions imposed, be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim; and, further, that the
proposal will contribute to an essential and effective wireless communication network system.
8. That the size and shape of the site is adequate to allow full development of the proposed
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke at the hearing with questions pertaining to the proposal; and that no
correspondence was received in opposition.
CALIFORNIA ENVtRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental
Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement. to prepare
an EIR.
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 six (6) panel
antennas enclosed within the pole and accessory ground-mounted equipment, shall be permitted for
a period of five (5) years, to expire on September 23, 2007.
That the proposed telecommunications facility shall be limited to forty (40) feet in height with three
(3) sectors consisting of two (2) panel antennas per sector with maximum dimensions of four (4) feet
in length and eight (8) inches in width, and accessory ground-mounted equipment. The flagpole
shal! be designed to allow the flag to fly freely. The rnonopole antennas shall be completely
enclosed within the proposed flagpole and shall not be visible to public view. No additional or
replacement antennas shall be permitted without the prior approval of the Planning Commission.
Said information shall be specifically shown on the plans submitted for building permits.
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 base of the flagpole shall be up-lit 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.
5. That a decorative finial shall be added to the top of the flagpole to provide a realistic appearance.
Said information shall be specifically shown on the plans submitted for building permits
6. That the flagpole shall be constructed of permanent materials simulating an authentic flagpole. The
pole shall have a steel finish exterior and shall be maintained in good, clean condition. Said
infocmation shall be specifically shown on the plans submitted for building permits.
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7. That the flag proposed for the site 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.
8. That the ground-mounfed 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 view. Said information shall be specifically shown on the plans
submitted for building permits.
9. That the trash storage area(s) shall be refurbished (including the trash enclosure gate) to the
satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department. Said information shall be specifically shown on the
plans submitted for building permits.
10. That the existing metal storage unit shall be removed and replaced with a new storage unit
constructed to match and be integrated with the proposed equipment shelter. Said information shall
be specifically shown on the plans submitted for building permits.
11. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said plan shall show five (5), minimum twenty four (24) inch box sized,
trees in the landscaped setback adjacent to Sycamore Street and refurbishment of the groundcover.
Any decision made by the Zoning Division regarding the landscaping and irrigation plan may be
appealed to the Planning Commission and/or City Council. Said information shall be specifically
included with the plans submitted for building permits
12. That as required by the Urban Forestry Division of the Commu_niry Services De.partment,.turf and a
minimum of five (5), 24 (twenty four) inch box sized, Camphor trees shall be planted on maximum
twenty (20) foot centers in the parkway area along Sycamore Street, and appropriate irrigation
facilities shall be provided. Said information shall be specifically shown on the pfans submitted for
building permits.
13. That after removal of the existing flagpole, a Cypress tree of comparable size to the existing Cypress
trees along the east building wall shall be planted in this location to maintain symmetry of the trees.
Said information shall be specifically shown on the plans submitted for building permits.
14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
15. That the landscaping shall be maintained in conformance with the approved exhibits; and that the
irrigation system shall be maintained in compliance with City standards.
16. That the entire equipment enclosure shall be constructed of solid decorative blocks with a height
sufficient to screen BTS units. The west and south wall faces of said enclosure shall be landscaped
with minimum five (5) gallon sized vines, and appropriate irrigation facilities shall be provided. Said
information shall be specifically shown on the plans submitted for building permits.
17. That the cable connecting 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.
18. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion through the provision of regular fandscaping maintenance, removal
of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
19. That the Operator shall ensure that this installation and choice of frequencies will not interfere with
the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for Public Safety and related purposes.
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20. That at all times, other than during the twenty four (24) hour cure period provided in Condition No.
22, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on City's 800 MHz radio frequency.
21. That before activating this facility, the Operator shall submit to a post-installation test to the City to
confirm that the faciliry does not interfere with the City of Anaheim's Public Safety radio equipment.
This test will be conducted by the Communications Division of the Orange County Sheriff's
Department or a Division-approved contractor at the expense of Operator.
22. That the Operator shall provide a twenty four (24) hour telephone number to the Zoning Division (to
be forwarded to the Fire and Police Departments) to which interference problems may be reported;
and that all interference complaints shall be resolved within twenty four (24) hours.
23. That the Operator shall provide a"single point of contacY' in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax
number and e-mail address of that person(s) shall be provided to the City of Anaheim's designated
representative upon activation of the facility.
24. That the Operator shall ensure that all its contractors, sub-contractors or agents, and any other user
of the facility, shall comply with the terms and conditions of this conditional use permit.
25. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be
notified within thirty (30) days of the close of escrow.
26. That all equipment, including supply cabinets and power meter, shall be installed on private property
and shall be screened from public view, as a.pproved by the Zoning Div.ision. Said information. shall.
be specifically shown on the plans submitted for building permits.
27. 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, 2, 3 and 4, and as conditioned herein.
28. 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, 6, 8, 9, 10, 11, 12, 13, 16, 17, 22, 23 and
26, 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.
29. That prior to final building and zoning inspections, Condition Nos. 3, 19, 21 and 27, above-
mentioned, shall be complied with.
30. That approval of this application constitutes approval of the proposed request only to the extenf 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 Ciry 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 23, 2002.
CHAI SON, ANAHEIM CITY 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 September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONER:
ABSENT: COMMISSIONER:
IN WITNESS WHI
~c~ ~~ e r , 2002.
BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NONE
KOOS
BOYDSTUN
~} T~
=REOF, I have hereunto set my hand this d day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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