Resolution-PC 2003-168• .
RESOLUTION NO. PC2003-168
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4076, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-198, AS AMENDED BY
RESOLUTION NO. PC99-65, ADOPTED THEREW ITH
WHEREAS, on December 21, 1998, the Anaheim City Planning Commission did, by its
Resolution No. PC98-198, grant Conditional Use Permit No. 4076, in part, to permit a 52-foot high
telecommunications monopole (faux 'palm tree') with accessory ground-mounted equipment subject to
certain conditions; that the proposed waiver of permitted encroachment into a required setback area was
denied; and that Condition No. 1 of the Resolution specifies that the proposed telecommunications facility
shall be permitted for a period of five years, to expire on December 21, 2003; and
WHEREAS, on April 26, 1999, the Planning Commission did, by its Resolution No. PC99-65,
amend Condition No. 8 of the above-mentioned Resolution No. PC98-198 pertaining to revised Iandscaping
plans for the facility, including requiring that photometric simulations of the anticipated appearance of the
approved telecommunications 'palm tree' monopole be submitted for review and approval; and
WHEREAS, the property is developed with a recreational vehicle park at 200 West Midway
Drive (Anaheim Resort R.V. Park); that the zoning is RS-A-43,000(MHP) (Residential/Agricultural - Mobile
Home Park Overlay); and that the Land Use Element of the Anaheim General Plan designates the property
for General Commercial land uses; and
WHEREAS, under authority of Code Section 18.03.093 (Extensions of Conditional Use
Permits and Variances Approved with Time Limitations) of the Anaheim Municipal Code, the petitioner
requests reinstatement of this conditional use permit by the modification or deletion of Condition No. 1
pertaining to a 5-year time limitation which expires on December 21, 2003, to retain the 52-foot high
telecommunication facility (faux `palm tree') with accessory ground-mounted equipment; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 15, 2003, 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 Anaheirn Municipal Code, Chapter 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed amendment 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 use, as amended, is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
3. That the size and shape of the site for the use, as amended, 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 use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
Tracking No. 2003-04794
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5. That the amending 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 this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council as determined by
Code Enforcement staff inspection of the premises with the exception of certain on-site landscaping; but
that, under the conditions imposed herein including requiring that the landscaping conditions be complied
with within 90 days, the issue of on-site landscaping will be resolved.
7. That this conditional use 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 as evidence by
the absence of complaints regarding this property.
8. That there have been no changes to the applicable Zone standards that would invalidate the
findings that were the basis for the original approval of this conditional use permit.
9. That no one indicated their presence at the public hearing in opposition to the proposaf, and no
correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a 52-foot high telecommunication facility (faux 'palm tree')
with accessory ground-mounted equipment on property consisting of an irregularly-shaped 6.65-acre
property located at the southwest corner of Midway Drive and Zeyn Street, having frontages of 980 feet on
the south side of Midway Drive and 300 feet on the west side of Zeyn Street, being located 400 feet west of
the centerline of Anaheirrr Bautevard, and further described as 200 West Midway Drive (Anaheim Resor~
R.V.Park); and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 4076 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 previously approved 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 reinstate and approve Conditional Use Permit No. 4076 for a period of five (5) years until December
21, 2008;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their
entirety, the conditions of approval in Resolution No. PC98-198, as amended by Resolution No. PC99-65
and adopted in connection with Conditional Use Permit No. 4076, to read as follows:
That the proposed telecommunications facility, consisting of one (1) mono-pole ("mono-palm tree") with
three (3) antenna arrays with four (4) antennas each, shall be permitted for a period of five (5) years to
expire on December 21, 2008.
2. That a maximum of three (3) antenna arrays with four (4), four (4) feet high by one (1) foot wide each,
panel type antennas may be located on the mono-palm; and that the overall structure shall not exceed
a maximum height of fifty two (52) feet. That a maximum of two (2) GPS (Global Positioning System)
type antennas shall be permitted on the accessory ground-mounted equipment. No additional or
replacement antennas shall be permitted without the Planning Commission's prior approval.
3. That no signs, flags, banners or any other form of advertising or identification shall be attached to this
mono-palm structure.
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4. That a six (6) foot high block wall, screened with rapid growing clinging vines planted on maximum three
(3) foot centers, shall be maintained around the accessory ground-mounted equipment. Barbed wire
shall not be permitted.
5. That the height of the mono-palm shall not exceed the height of the attached panel antennas at any
time and if the panels are lowered, the mono-palm height shall be lowered accordingly to correspond
with the height of the panel antennas.
6. That the Operator shall ensure that this installation and choice of frequencies does 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.
7. That at all times, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
8. That the Operator shall submit to a 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 Sheriff's Department or a Division-approved contractor at the Operator's
expense.
9. That the Operator shall provide a 24-hour telephone number to which interference problems may be
reported, and shall resolve all interference complaints within twenty four (24) hours.
10. That the Operator shall provide a`single point of contacY in its Engineering and Maintenance
- Departments to ensure cont~nuity ort aft interferenee issues. The name, telephone number, fax rtumber
and e-mail address of that person shall be provided to City's designated representative.
11. That the Operator shall ensure that all its contractors, sub-contractors and agents, and any other user of
the facility, shall comply with the terms and conditions of this conditional use permit.
12. That landscaping shall be maintained and immediately replaced in the event that it becomes diseased
or dies.
13. That the landscaping for this telecommunication facility shall include a minimum of three (3) mature
palm trees, each to be to a minimum of thirty (30) feet high, and five (5) mature eucalyptus trees,
each to be minimum thirty six (36) inch box sized. Said trees shall be properly maintained in a
healthy condition.
14. That the petitioner shall remove the finro (2) northern-most dead palm trees and replace them
with two (2) mature Phoenix dactilifera palms, a minimum of thirty (30) feet high or such other
height as may be determined by the Urban Forestry Division of the Community Services
Department, in the location shown on the exhibits approved by the Planning Commission.
15. That 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 4, including the relocated monopole as specified in
Condition No. 7 of Resolution No. PC98-198, and as conditioned herein.
16. That within a period of ninety (90) days from the date of this Resolution, Condition Nos. 8, 9, 10, 13, 14
and 15, above-mentioned, shall be complied with.
17. 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.
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THE FOREGOING RESOLUTION was adopted at the PI nning Commission meeting of
December 15, 2003.
~ IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANANEIM )
I, Eleanor Morris, Senior 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 December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: BOSTWICK
`_ -IN WITNESS WHEREOF, I have hereunto set my hand this 3 I s-L day of
~ Q C ehn 1DCY` , 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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