Resolution-PC 2002-8. •
RESOLUTION NO. PC2002-8
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING
CONDITIONAL USE PERMIT NO. 3874
WHEREAS, Conditional Use Permit No. 3874 (to permit a telecommunication monopole
antenna with an approximate height of 60-feet) was approved by the Planning Commission on October
28, 1996. Resolution No. PC96-115 approving this permit included the following condition of approval:
"9. That approval of this conditional use permit shall expire five (5) years from the date of this
resolution, on October 28, 2001"; and
WHEREAS, the Petitioner has requested reinstatement of this use permit which expired
on October 28, 2001, under authority of Code Section 18.03.093, 18.03.091 and 18.03.092 of the
Anaheim Municipal Code; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 14, 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 conditional use permit
reinstatement 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,
daes find and determine the foltowing faets:
1. That the use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.03.093
2. That the use as conditioned, 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 use is adequate to allow the full development
of the site 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 use does not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area; and
5. That the granting of this reinstatement 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 the facts necessary to support each and every required showing for the issuance of
such entitlement as set forth in Chapter 18.03 exist:
7. That said permit is being exercised substantially in the same manner and in conformance
with ail cond~tions ar~d st9pulations originally approvesi b~ the approva! body;
8. That said permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare; and
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
(Tracking No. 2001-04476) - 1 - PC2002-8
CR5278DM.doc
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain a telecommunication monopole antenna on an
irregularly-shaped 0.12-acre property; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 3874 is adequate to serve as the required
environmental documentation in connection with this request 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby grant reinstatement of Conditional Use Permit No 3874 (Tracking No. CUP2001-04476),
upon the following conditions which are hereby found to be a necessary prerequisite to the use of the
subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That subject use permit shall expire October 28, 2003.
2. That the subject property shall be developed and maintained 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 Exhibits Nos. 1, 2, 3 and 4 of Conditional Use Permit No.
3874; provided, however, that only the monopole antenna and accessory equipment specifically
illustrated on Exhibits Nos. 1 through 4 shall be permitted and that the minimum setback from
Manchester Avenue shall be not less than five (5) feet as required by the Zoning Code.
3. That, if requested, by the City of Anaheim, the applicant shall design an icon marker or entry
monument on the monopole, subject to review and approval by the Planning Commission and the
RedeveloRment Commissio~.
4. That the monopole illustrated on the submitted and approved exhibits shall be painted a neutral color
similar to existing utility poles in the vicinity.
5. That other than the approved City of Anaheim identification sign, no signage, flags, banners or any
other form of advertising shall be attached to the monopole "cylinder cell" antenna, accessory
equipment or fence enclosure.
6. That the six (6) foot high block wall equipment enclosure shall be maintained with clinging vines in
compliance with Zoning Code requirements.
7. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24)
hours from time of occurrence.
8. That within a period of ninety (90) days from the date of this resolution, an unsubordinated covenant
satisfactory to the Zoning Division and the City Attorney's Office shall be recorded in the office of the
Orange County Recorder and a copy provided to the Zoning Division requiring the
telecommunications provider to remove the telecommunications monopole and associated
equipment and restore landscaping in the event that this conditional use permit or any other land use
approval lawfully authorizing the structure is no longer in effect.
9. 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.
10. That the operator will ensure that its 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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11. That within thirty (30) days of this resolution, the operator shall provide to the City a 24-hour phone
number to which inter~erence problems may be reported, and shall resolve all interference
complaints within 24 hours.
AND 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
January 14, 2002.
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CHAIRPER N, ANAHEIM CI LANNING COMMISSION
AlTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor F~rnandes, 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 January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN:COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~- s~day of
0. , 2002.
A ,~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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