Resolution-PC 98-187RESOLUTION NO. PC98-187
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4072 BE GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anahelm City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City oFAnaheim, County cf Orange, State
of California, described as:
PARCEL A5, AS SHOWN ON A PARCEL MAP FILED IN BOOK 58, PAGE 42
OF PARCEL MAPS, I THE OFFICE OF 7HE COUNTY RECORDER OF SAID
COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on No~tember 23, 1998 at 1:30 p.m., notice of said publfc 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 itseif
and in its behaif, 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 18.110.090.050.0508 to permit a 60 foot high (65 feet, 9 inches to the
top of the palm fronds) telecommunications monopole and a 160 sq.ft, accessory ground mounted
equipment structure.
2. That the screened monopole, as approved, will not adverseiy affect the adjoining land
uses, nor the peace, health, safety and general welfare of ;he citizens of Anaheim.
3. That this use will generate minimal or no traffic and will not impose any burden upon the
streets and highways designed and improved to carry the traffic in the area.
4. That the proposed Iocation of the monopofe and the approved Option 1"mono-palm"
design, including the planting of the two new live palm trees, provides adequate screening of the
monopole and antenna arrays from surrounding property and nearby streets; and that the monopole will
be effectively disguised as a tres and will cause no negative aesthetic impact on this property or any
surrounding properties.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
anci that no correspondence was received in opposition 1o this petitior~.
CALIFORNIA ENVIRONMENTAI QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 60 foot high (65 feet, 9 inches to top of the
palm fronds) telecommunications monopole and a 160 sq.ft. accessory ground mounted equipment
structure. on a 0.79-acre irregularly-shaped property having a(rontage of 63 feet on the narth side of
Melville Way and a maximum depth of 16C feet, and being located 260 feet west of the centerline of Tustin
Avenue (3703 East Melville Way); and does hereby approve the Negative Declaration upon ftndfng that
the declaration reflects the independent judgement of the lead agency and that it has considerpd the
Negative Declaration together wilh 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
lhat the project wfll have a significant effect on the environment.
CR3487PK.DOC -1- PC96•187
NOW, THER~FORE, BE IT,RESQL',~ED tiiat th,e Asiahcim Ciiy ?la.rming (:ommission
does hereby grant subject Petition for ~^.onditio~+al ~se Ferr;~ic, upon ti:s f"ct;o•Ning ,ond~ ;ens wnich a~e
hereby found to be a necessary prerequ~sits to ch~ proposed use of tha, 4u,b;~ct property in ~rder to
preserve the safety and general wp!!: .r~~ ;,f the ~~~~ens a£ tf~e City of Anahe;~~n:
1. That the proposed telecomrnu~iir. ;;t,^ns faClt;ty, consisting of o~P !? ;.r~~or :r~ ~~ and tfiree (3)
an:ennas arrays with five (5) arcer:~r:-,s each, shall be permitted for a r~rio d of ~v~ (5j years, to
expire on November 23, 2003.
2. That a maximum of three (3), twelve (12) foot, nine (9) inch wide, ~, ~tenna arrays with five (5), one
(1 j foot by four (4) foot panel antennas altached !r:, c~ar.h array ~iota~ing fifteen (15) panel antennas)
may be located on the monopole; and that lhe ~~v~i:rall s±^~~,ure :~hali not exceed a maximum height
of sir.!y (60) feet for the monopole and antennas, a~nd si~+•~ ~i~rc~ (;5) feet, n:ne (9) inches when the
mono-oalm screening is inciuded. Said (nformation shali be ;:p acifically shown on plans submitted
for building permits. No additional or replacement anlennas s~>iall be permitted without the approval
of the Planning Commission.
3. That at least two (2) live palm trees, each a minimum of forty (40) fee; high, shall be located in close
proximity of the monopole and equipment enclosure, as shown on approved Exhibi! No. 1. An
irrigation plan for lhe palm trees shail be suhmitted to the Building Division for review and approval.
Any any tree planted on-site shall be replaced fn a timely manner in the event that it is removed,
damaged, diseased and/or dead.
4. That no signs, Flags, banners or any other form of advertising or identification shall be attached to
the proposed monopole and array structure.
~. That lhe monopole shall be painted brown to appear similar to a palm tree trunk and blend with the
two (2) live palm trees included in lhis proposal. The antenna arrays and individuai panel antennas
shall be painted green to match the artificial palm fronds attached to the monopole structure. The
artificial paim fronds shall be painted and finished to match lhe two live palm trees. Said information
shall be specifically shown on plans submitted for building permits.
6. Thak the height of the monopole shall not exceed ths height of the attached antenna array and panel
antennas at any time. If the antennas are lowered, the monopole height shall be lowered (or
removed) to correspond with that height.
7. That any necessary relocation of existing electrical facilities ~~ streEt lights shall be at the
developer's expense.
8. Tha: the legat owner of this property shall provide the City of Anaheim with a pubiic utilities
easement to be determined when the eiectrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to issuance of building permits.
9. That no structures, live or plant materials, trees, or simulated trees shall encroach into the utility
easement.
10. That lhe property s'.~a;l be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of gra~ti within twenty four (24)
hours from time of occurrence.
11. That trash storage areas shall be provided and maintained in a location acceplable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Departmen~. :'.~id storage areas shall be des(gned, located and screened so as not to be
readily ide~~tifiable fro;r, adjacent streets or highways. The walls of the storage areas shall be
protected `~„~c graffiti opportunities by the use of plant materials such as clinging vines or tall
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shrubbery. Said information shall be specifically shown on the pi~ns submitted for Public Works
Department, Streets and Sanitation Division approval. -
12. That trash storage areas shall be refurbished to include gates meeting City standards, to the
satisfaction of the Streets and Sanilation Division, to comply with approved plans on file with said
Department.
13. That the two (2) existing mature palm trees adjacent to the front entrance to this property shall be
maintained.
14. That the subject property shall be developed subslantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
°lanning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
15. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resoiution, whichever occurs first, Condit(on Nos. 2, 3, 5, 8, 11, 13 and 14, above-mentioned, shall
be complied with. Extenslons for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipat Code.
16. That prior to final building and zoning inspecti~ns, Condition Nos. 7, 12 and 94, above-mentioned,
shali be complied with.
17. That appr4val cf thi~ application cor.stitutes approval aF the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable Cit~r, ~iate and Federal
regulations. Approval d:,es not fnclude any action or findings as to compliance or approval of the
request regarding any other appl(cable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Maheirn City Planning Commissfon does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any pan thereof,
be declared invalid or unenforceable by the Gnal judgment of an court of competent jurisdictfon„ the~ this
Resolution, and any approvais herein contained, shall be deem d null and void.
THE FOREGOING RESOLUTIO wa a~ted the Planning Commission menting of
November 23, 1998.
CH~~I P , ANAHEIM CITY PLANNING COMMISSION
ATTEST:
a ~~ ~d..~..~.._ ~ ,
SECRETARY, ANAHE11~1 CITY PLANNS~ IG t;;OMMISSION
'3- PC98-187
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. -
CITY OF ANAyEIM )
I, Osbelia Edmundscn, Sscretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning
Commission held on November 23, 1998, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAt~AS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this L ,_ day of
~, 1999.
~ S~aSl.ao~i
SECRETARY, ANAHEIM ~ITY PLANNING COMMISSION
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