Resolution-PC 2003-52• ~
RESOLUTION NO. PC2003-52
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04628 BE GRANTED, IN PART,
FOR FIVE (5) YEARS UNTIL APRIL 7, 2008
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 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUTNY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID NORTHWEST QUARTER
DISTANT THEREON NORTH 89° 14' 54" EAST 200 FEET FROM THE NORTHWEST
CORNER THEREOF; THENCE SOUTH 00° 38' 40" EAST PARALLEL WITH THE
WESTERLY LINE OF SAID NORTHWEST QUARTER OF 200 FEET; THENCE SOUTH 89°
14' 54" WEST PARALLEL WITH SAID NORTHERLY LINE 200 FEET TO SAID WESTERLY
LINE; THENCE SOUTH 00° 38' 40" EAST 220.56 FEET; THENCE NORTH 89° 14' 54" EAST
PARALLEL WITH SAID NORTHERLY LINE 572.84 FEET; THENCE NORTH 00° 38' 40"
VIEEST 420:56 FE€T TO A P~-!NT -lN THE NORT_HER~Y LI.N_E OF SAID NORTHWEST
QUARTER; THENCE SOUTH 89° 14' 54" WEST 372.84 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 13, 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 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 said public hearing was continued to
the January 27, February 10 and April 7, 2003 Planning Commission meetings; 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 Sections 18.44.050.135 and 18.44.050.330 to wit: to establish conformity with
existing Zoning Code land use requirements for an existing commercial retail center and to permit a
telecommunications antenna with accessory ground-mounted equipment and waiver of the following:
Section 18.44.062.010.011 - Maximum structural heiqht within 150 feet of a sinqle-family residential zone
boundarv.
2. That the waiver of maximum structural height within 150 feet of a single-family residential
zone boundary is hereby denied on the basis that it was deleted following public notification.
3. That the Planning Commission accepted the petitioner's withdrawal of the request to
establish conformity with existing Zoning Code land use requirements for the existing commercial retail
center.
4. That granting this conditional use permit, as approved and under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
cr\PC2003-052.doc -1- PC2003-52
• •
5. That the proposed faux clock tower telecommunication facitity, as conditioned herein, will not
adversely affect adjoining land uses and will not be detrimental to the peace, health, safety and general
welfare of the citizens of Anaheim.
6. That the size and shape of the site for the proposed use, as approved, 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.
7. That the proposed telecommunications facility, which is designed as a faux clock tower, is
consistent with the city's goal of concealing such facilities from public view by using existing or proposed
architectural features that complement the underlying site and surrounding area.
8. That the tra~c generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
9. 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 establish conformity with existing Zoning Code land use
requirements for an existing commercial retail center (withdrawn), to permit a telecommunications antenna
and accessory ground-mounted equipment, and waiver of maximum structural height within 150 feet of a
single-family residential zone boundary (deleted) on an irregularly-shaped 7.7-acre property located south
and east of the southeast corner of Ball Road and Magnolia Avenue, having frontages of 373 feet on the
sou~~i side of Bal! Road and 56~ feet on #he east side of Magnolia Avenue,_being located 140 east of the
centerline of Magnolia Avenue, and further described as 1216-1254 South Magnolia Avenue and 2424 West
Ball Road; 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, in part, 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:
1. That the proposed telecommunications facility, consisting of a fifty (50) foot high architectural faux clock
tower with three (3) sectors and a total of six (6) panel antennas and ground-mounted equipment within
the base of the clock tower shall be permitted for a period of five (5) years to expire on April 7, 2008.
2. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
clock tower.
3. That the architectural faux clock tower shall be finished with colors and materials that resemble a real
clock tower and match or complement the existing commercial center. Additional enhancements and
architectural features shall be incorporated into the design of the clock tower. Said information shall be
specifically shown on plans submitted for building permits which shall be reviewed and approved by the
Zoning Division. Upon completion of the clock tower, an inspection shall be conducted by the Zoning
Division to determine whether the colors and materials used are compatible with the commercial center
and resemble a real clock tower. Any decision made by the Zoning Division regarding the exterior finish
of the structure may be appealed to the Planning Commission and/or City Council.
4. That any lighting of the tower shall be specifically shown on the plans submitted for building permits.
5. That the ground-mounted equipment shall be located entirely underneath and enclosed within the faux
clock tower, and the cable connecting 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.
-2- PC2003-52
• •
6. That ail equipment, including supply cabinets and power meter, shalf 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 plans submitted for building permits.
7. That the clocks on the tower shall be operable and maintained in 'like-new' condition.
8. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenry four (24)
hours from time of occurrence.
9. That the Operator shall ensure that this installation and the 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.
10. That at all times, other than during the 24-hour cure period provided in Condition No. 12, below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City's
800 MHz radio frequency.
11. That before 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 will be
conducted by the Communications Division of the Orange County Sheriff's Department or a Division-
approved contractor at the expense of Operator.
12. That tk~e Ope~ator shall -provide -a 24-h.our #elephone number to the Zoning Division (to be forwarded to
the Fire and Police Departments) to which interference problems may be reported, and shall resolve all
interference complaints within 24 hours.
13. 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 Zoning Division.
14. That the Operator shall ensure that all of its contractors, sub-contractors or agents, or any other user of
the facility, shall comply with the terms and conditions of this conditional use permit.
15. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be notified
within thirty (30) days from the close of escrow.
16. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and shall be specifically
shown on the plans submitted for building permits.
17. 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 4, and as conditioned herein.
18. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolufion, whichever occurs first, Condition Nos. 3, 4, 5, 6, 12, 13, 16 and 21, herein-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.
19. That prior to final building and zoning inspections, Condition Nos. 11 and 17, above-mentioned, shall be
complied with.
20. 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.
-3- PC2003-52
~ •
21. That a landscape plan shall be submitted to the Zoning Division for review and approval. Said plan
shall show minimum ten (10) foot wide landscaped planters adjacent to Ball Road and Magnolia
Avenue, and shall incorporate minimum twenty four (24) inch box sized trees. Any decision made by
the Zoning Division may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
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 nult and void.
7, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
C PERSON, ~IVA M CITY PLA NING COMMISSION
ATTEST:
./~l -- ~~~c
S€NI~RS~~RET-ARY, ANAH.EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 Ciry Planning
Commission held on April 7, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~ g T'~' day of
r ~ t , 2003.
.~~iC-L..-~-....--.- .
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-52