Resolution-PC 2002-158~
RESOLUTfON NO. PC2002-158
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04608 BE GRANTED
FOR 3 YEARS, TO EXPIRE ON OCTOBER 21, 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:
PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED BOOK 27 PAGE 2 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 7, 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 that the public hearing
was continued to the October 21, 2002 meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself an_d in its behalf, and after due consideration of all evidence and reports offered at said h_.earing,
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 18.84.061 and 18.110.100.050.0511 to permit a`flagpole'
telecommunications antenna facility and accessory ground-mounted equipment in the Scenic Corridor
Zone Overlay.
2. That the proposed use is located in Development Area 5(Commercial Area) of the
Northeast Area Specific Plan No. 94-1.
3. That the proposed use will not, under the conditions imposed, adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use, under the conditions imposed,
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 undue burden upon the
streets and highways designed and improved to carry 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 ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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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 generaf welfare of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) 'flagpole' with three (3) panel
antennas enclosed within the pole and accessory ground-mounted equipment, shall be permitted for
a period of three (3) years, to expire on October 21, 2005.
2. That the proposed telecommunications facility shall be limited to sixty (60) feet in height with
diameters of twenty nine (29) inches at the base and finrenty one (21) inches at the top; and three
(3) sectors consisting of one (1) panel antenna per sector with maximum dimensions of four and one
half (4%z) feet in length, and twelve and one-quarter (12'/<) inches in width; and accessory ground-
mounted equipment. The `flagpole' shall be designed to allow the flag to fly freely. The monopole
antennas shall be completely enclosed within the proposed flagpole and shall not be visible to public
view. No additional or replacement antennas on the outside of the pole 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 displaying the United States 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(s) during hours of darkness or the flag(s)
shall be taken down. each._night._ Sai_d information shall be specifically showr~-on the. plans_submitted
for building permits.
5. That the `flagpole' shall be constructed of permanent materials simulating an authentic flagpole and
a decorative finial shall be added to the top of the flagpole to provide for a realistic appearance. The
pole shall have a steel finish exterior and shall be maintained in good, clean condition. Said
information shall be specifically shown on the plans submitted for building permits.
6. That the flag(s) proposed for this 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 with a new flag.
That the property owner shall submit a letter to the Zoning Division requesting termination of
Variance No. 2820 (to expand an industrial laundry and linen supply).
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.
9. That the entire equipment enclosure shall be constructed with a solid decorative block wall of a
height sufficient to screen the BTS units. Said information shall be specifically shown on the plans
submitted for building permits.
10. 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 landscaping maintenance, removal
of trash and debris, and removal of graffiti within finrenty four (24) hours from time of occurrence.
11. That at all times other than during the twenty four (24) hour `cure period' provided in Condition No.
13, below, the Operator shall ensure that the 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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12. That prior to activating this facility, the Operator shall submit to a post-installation test to confirm that
the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test
shall be conducted by the Communications Division of the Orange County Sheriffs Department or a
Division-approved contractor at the expense of the Operator.
13. 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 the Operator shall resolve such interference comptaints within twenty four (24) hours of
being notification.
14. 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 shall be provided to City's designated representative upon
activation of the facility.
15. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with the terms and conditions of this conditional permit.
16. That should this telecommunications facility be sold, the Zoning Division of the City of Anaheim shall
be notified within thirty (30) days of the close of escrow.
17. That all equipment, including supply cabinets and power meters, shall be installed on private
property and shall be screened from public view as approved by the Zoning Division. Said
information shall be specifically shown on the plans submitted for building permits.
18. 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.
19. 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, 8, 9, 13, 14 and 17, 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.
20. That prior to final building and zoning inspections, Condition Nos. 12 and 18, above-mentioned, shall
be complied with.
21. 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 1T 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.
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THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
October 21, 2002.
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fF2PERSON, ANAHEIM 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 October 21, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: ROMERO
ABSTAIN: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS:_ BOSTWICK .- - - -
T_.b.
IN WITNESS WHEREOF, I have hereunto set my hand this S day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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