Resolution-PC 99-126RESOLUTION NO. PC99-126
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4136 BE GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain resl property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE NORTHEAST QUARTER OF THE NORTHEAST QUr~RTER OF THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCkiO SAN JUAN CAJON DE SANTA ANA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF SAID ORANCE CGUNTY.
EXCEPT THERErROM THE SOUTHERLY 22 FEET THEREOF, AS
GONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPQSES BY dcED
R~CORDED MARCH 10, 1939 IN BOOK 981, PAGE 510, OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED AS BEGINNING
AT THE INTERSECTION OF THE NORTHF.RLY LINE OF SAID NORTHEAST
QUARTER WITH A LINE PARALLEL WITH AND EAST[RLY 322 FEET
MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE SOUTH 89 DEGREES 36
MINUTES 48 SECONDS EAST, ALONG SAID NORTHERLY LINE, 343.21
FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 3; THENCE SOUTH 0 DEGREES 21 MINUTES 16 SECONUS
WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 450.75
FEET; THENCE NORTH 89 DEGREES 38 MINUTES 44 SECONDS WEST 30
FEET; THENCE NORTH 19 DEGREES 23 MINUTES 33 SECONDS WEST
82.87 FEET; THENCE NORTH 59 DEGREES 54 MINU'fES 04 SECONDS
WEST48.37 FEET; THENCE NORTH 82 DEGREES i2 MINUTES 21
SECONDS WEST 245.40 FEET TO A POINT ON SAID PARALLEL LINE,
SOUTHERLY 317.17 FEET FROM THE POINT OF BEGINNING; THENCE
NORTHERLY 317.17 FEET ALONG SAID PARALLEL LIPJE TO THE POINT OF
BEGINNING, CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 21, 1956 IN BOOK 3618, PAGE 371, OFFICIAL
RECORDS, AND BY DEED RECORDED MARCH 28, 1958 IN BOOf<4241,
PAGE 14, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT POR710N THEREOF DESCRIBED AS
BEGINNING AT THE NORTHWEST CORNER OF THE WESTERLY 322 FEET
OF SAID NORTHEAST QUARTCR AND RUNNING THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID WESTERLY 322 FEET TO THE
EASTERLY LINE OF SAID WESTERLY 322 FEET; THENCE SOUTHERLY,
ALONG SAID EASTERLY LINE, 317.17 FEET; THENCE WESTERLY IN A
DIRECT LINE TO A POINT IN THE WESTERLY LINE OF SAID WESTERLY
322 FEET, DISTANT SOUTHERLY ALONG SAID WESTERLY LINE 275.31
FEET FROM SAID POINT OF BEGINNING; THENCE NORTHERLY, ALONG
SAID WESTERLY LINE, 275.31 FEET TO SAID POINT OF BEGINNING, AS
CONDEMNED BY THE STATE OF CALIFORNIA FCR FREEWAY PURPOSES,
BY DECREE RECORDED DECEMBER 12, 1958 IN BOOK 4514, PAGE 309,
O~FICIAL RECORDS.
CR3685PK.DOC -1- PC99-126
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the Ciry of Anaheim on July 7, 1999 at 1:30 p.re:., notice of said p~blic 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 cond(tional 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
itself 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. 'fhat the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.63.050.410 to construct a telecommunications faciiity "monopalm °
2. That the proposed use 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 proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safery and general welfare.
4. That the traffic generated by the proposed use wili not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
5. 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.
6. That no one indicated their presence at said 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 proposai to construct a telecommunications facility "monopalm on
a 2.69-acre rectangulariy-shaped property having a frontage of 322 feet on the north side nf Commercial
Street, a maximum depth of 355 feet and being located 375 west of the centeriine of Patt Street at 201
East Commerciai Street (Robertson's Ready Mix); and does hereby approve the Negative Declaration
upon finding 4het the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received durino 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 tnat the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit for five years, 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 safely and general welfare of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) monopole and three (3)
antennas arrays v~ith five (5) antennas each, shall be permitted for a period of five (5) years, to
expire on July ;, 2004.
2. That a maximum of three (3), thirteen (13) foot wide, antenna arrays with five (5), one (1) foot by
four (4) foot, panel antennas attached to each array (fifteen (15) panel antennas total) shall be
located on the monopole and ihat the overall structure shall not exceed a maximum height of sixty
two (62) feet for the monopole and the antennas. Said information shall be specifically shown on
plans submitted for building permits. No additional or replacement antennas shall be permitted
without prior review and approval by the Planning Commission.
CR3685PK.DOC -2- PC99-126
3. That a landscaping and irrigation plan for subJect property shall be submitted to the Zoning Qivision
for review and approvai. Said plans shail show that at ieast three (3) live palm trees, minimum forty
(40) ieet in height, shall be located within close proximity of the monopole and equipment
2nclosure. Any dec~~!on made by the Zoning Division regarding said plan may be appealed to the
Plaming Commission and/or City Council.
4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
5. That no signs, flags, banners or any other form of advertising or identification shall be attached to
the proposed monopole or array structure.
6. That the (square-shaped) monopole shall be painted browri lo appear similar to a palm tree trunk in
order to blend with the three living palm trees. The antenna arrays and individual panel antennas
shall be painted green to match the. artificial palm fronds attached to the monopole structure. Said
information shall be specifically shown on plans submitted for building permits.
7. That the heiyht of the monopole shall not exceed the height of the attached antenna array and panei
antennas. If the antennas are lowered, the monopole height shall be lowered {or removed) to
correspond with the lower height.
8. That any necessary relocation of existing electrical facilities or street lights shall be at the
developer's expense.
9. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined as the electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to issuance of any permits by the Building Division.
1~. That no structures, no plant materia~s, and no live or simulated trees shall encroach into the public
utility easement.
11. That ths F:roperty shall be permanently maintained in an orderly fashion through the provision of
regular fendscape maintenance, removal of trash and debris, and removal of gra~ti within twenty
four (24) hours from time of occurrence.
12. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works [lepartment, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable to adjacent streets. The enclosure walls of the storage areas shall be protected
from graffili opportunities by the use of plant materials such as clinging vines or tall shrubbery. Said
information shall be specifically shown on the plans submitted for Streets and Sanitation Division
approval.
13. That trash storage area(s) shall be refurbished to include gates to comply with approved plans on
file with said the Public Works Department and to the satisfaction of the Streets and Sanitation
Division.
14. That barbed wire fencing is not permitted in any location where visible to lhe public right-of-way.
Revised fencing pians removing the barbed wire where visible to the public right-of-way shali be
submitted to the Planning Department for review and approval.
15 That the subject property shail be developed substantially fn accordance with the pians 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 and 3; and as condit(oned herein.
CR3685PK.DOC -3- PC99-126
16. That prior to issuance af a permit by the Building Division or v~ithin a perlod of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 9, 12 and 14,
above-mentioned, shali be compl~ed with. Extansfons for further time to cnmplete said conditions
may be granted in accordance wlth Section',8.03.090 of the Anaheim Municipal Cude.
17. That prior to final building and zoning inspections, Condition No. 13 and 15, above-mentioned, shall
be complied with.
18. That approval of this application constitutes approval of the proposed request oniy to the extent that
it campiies with the Anaheim Mun(cipal Code and any other appiicable City, State and Federal
regulations. Appioval d~es not include any action or findings as to compliance or approval of ttie
request regarding any other applicable ordinance, regulation or requirement.
6E IT FURTHER RESOLVED that the Anaheim City Piannfng Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliar,ce
with each and all of the conditions hereinabove set forth. Should any uch condition, or any part thereof,
be declared invalid br unenforcaable by the final judgment ot a~y cou of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be med and void.
THE FOREGOING RESOLUTION d at e P,~~g Commission meeting of
July 7, 1999. , , i i
ATfL=ST:
~~`WUt'~~ ~~K~lf1L~0'~
SECRETARY, ANAI~IEI~~I CITY PLANNIiVG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim ~ity Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS; BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
~~~/J~ IN WITNESS WHEREOF, I have hereunto set my hand thfs ~~ day of
-.y1~, 1999.
" _~~t,(~ivt~2tl,,~f'lv ~.S~~oJ
SECRETARY, Af~qHEIM CITY PLANNING COMMISSION
CR3685PK.DOC -4- PC99-126