Resolution-PC 2003-147~
RESOLUTION NO. PC2003-147
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04779 BE GRANTED
FOR FIVE YEARS UNTIL NOVEMBER 3, 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:
THAT PORTION OF BLOCK 25 OF THE GOLDEN STATE TRACT, AS PER MAP
RECORDED IN BOOK 4 PAGES 66 AND 67 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE WESTERLY LINE OF NEWKIRK
ROAD, 40 FEET IN WIDTH, WITH THE NORTHERLY LINE OF THE 100 FOOT RIGHT
OF WAY DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK
489 PAGE 324 OF DEEDS, RECORDS OF SAID COUNTY, THENCE NORTH 19° 38' 16"
WEST ALONG THE SAID WESTERLY LINE OF NEWKIRK ROAD, 50.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 19° 38' 16" WEST ALONG THE SAID
WESTERLY LINE OF NEWKIRK ROAD, 461.50 FEET TO A POINT IN THE
SOUTHWESTERLY RIGHT OF WAY LINE OF CALIFORNfA STATE HIGHWAY; THENCE
NORTHWESTERLY AND WESTERLY ALONG THE LAST MENTIONED RIGHTS OF
____- __ WAY LW.E THRQUGN THE FOLLOWING CC~U.RSES AND .DI.STA.NC.E.S._ NORTH 5fi° 20'
38" WEST 34.71 FEET; THENCE NORTH 89° 21' 23" WEST 112.65 FEET AND SOUTH
74° 0' 46" WEST 118.65 FEETR; THENCE SOUTH 19° 38' 16" EAST ALONG A LINE
PARALLEL WITH THE SAID WESTERLY LINE OF NEWKIRK ROAD, 517.03 FEET;
THENCE NORTH 70° 21' 44" EAST 250.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED JUNE 4, 1963 IN BOOK 6573, PAGE 167 OF OFFICIAL RECORDS; AND
THAT PORTION OF BLOCK 25 OF THE GOLDEN STATE TRACT, AS PER MAP
RECORDED IN BOOK 4 PAGES 66 AND 67 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA, WHICH LIES
WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, THE NORTHEASTERLY LINE OF
SAID BLOCK 25, SAID 10.00-FOOT STRIP OF LAND EXTENDS FROM THE
NORTHEASTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS
HAVING A BEARING AND LENGTH OF NORTH 70° 24' 28" EAST 250.00 FEET IN THE
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
EXHIBIT "A" IN QUITCLAIM DEED RECORDED ON FEBRUARY 2, 1982 AS
INSTRUMENT NO. 82-038065 OF OFFICIAL RECORDS IN THE OFFICE OF SAID
COUNTY RECORDER, NORTHWESTERLY TO THAT CERTAIN COURSE DESCRIBED
AS HAVING A BEARING AND LENGTH OF SOUTH 70° 24' 28" WEST 10.00 FEET IN
THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
EXHIBIT "A" IN G~UITCLAIM DEED RECORDED ON FEBRUARY 2, 1982 AS
INSTRUMENT NO. 82-038064 OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 3, 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
Cr\PC20d3-147.doc -1- PC2003-147
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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 Section 18.110.100.050.0511 to permit a sixty (60) foot high telecommunications
antenna (disguised as a pine tree} with accessory ground-mounted equipment.
2. That telecommunications equipment is a conditionally permitted use in Development Area 5
(Commercial Area) of the Northeast Area Specific Plan.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor ta the peace, health,
safery and general welfare.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because this will be an
unmanned facility with infrequent maintenance.
5. That the proposed telecommunications faciliry with accessory ground-mounted equipment
will not adversely affect adjoining land uses because it will be disguised as a`pine tree' within the context of
existing trees and buildings in the area.
6. That granting this conditional use permit, under the conditions imposed, will not be
-- detKi~~ata~to-th~p~ac~,-k~~~ltk~,-saf~~y-a~d-g~~~Gal-w~tfaK~of-tk~~-citi~ens-of-the-~i~y-o~~nak~~i~;-a~c~that -
approval will contribute to an essential and effective wireless communication network system.
7. That no one indicated their presence at the public hearing in opposition to the proposal; that
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a 60-foot telecommunication's antenna (disguised as a
pine tree) on an irregularly-shaped 2.6-acre property having a frontage of 202 feet on the south side of
Frontera Street and a maximum depth of 446 feet, being located 1,050 feet east of the centerline of Glassell
Street and further described as 3200 East Frontera Street; 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, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject properry in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
That this conditional use permit shall expire in five (5) years on November 3, 2008.
2. That the telecommunications faciliry shall be disguised as a`pine tree' and shall be limited to sixty (60)
feet in height. The number of antennas shall be limited to three (3) sectors with five (5) panef antennas
per sector. The maximum dimensions of the antennas shall be six (6) feet high and one (1) foot wide.
Said antennas shalf not extend beyond the faux pine branches. The ground-mounted equipment shall
be enclosed within a two hundred thirty (230) square foot equipment shelter at the base of the faux pine
tree. Said information shall be specifically shown on the plans submitted for building permits.
3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
faux pine tree.
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4. That the faux pine tree shall be finished with colors and materials that resemble a live pine tree and the
antennas shall be contained within the canopy of the faux pine tree so as not to protrude beyond the
branches of the "tree". Said information shall be specifically shown on the plans submitted for building
permits and shall be reviewed and approved by the Zoning Division. Upon completion of the faux pine
tree, an inspection shall be conducted by the Zoning Division to determine whether the colors and
materials used resemble a live pine tree. Any decision made by the Zoning Division regarding the
exterior finish of the structure may be appealed to the Planning Commission as a`Report and
Recommendation' item.
5. That the ground-mounted equipment shall be located entirely within the equipment shelter and the cable
connecting 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.
6. That the portion of the property being leased to the communications provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of
trash and debris, and removal of graffiti within twenty four (24} hours from tirne of occurrence.
7. That the Operator shall ensure that this installation and choice of frequencies shall not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capaciry for
Public Safety and related purposes.
8. That at all times, other than during the 24-hour cure period provided in Condition No. 9, below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the Cit~s
- - ----800 MHz-Kadio#req~en~y: - --
9. 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.
10. That the Operator shall provide a"single point of contacY' including a 24-hour telephone number, fax
and e-mail address 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 twenty four
(24) hours.
11. That the Operator shall ensure that all its contractors, sub-contractors or agents, and any other user of
the facility, shall comply with the terms and conditions of this conditional use permit.
12. That should this telecommunications facility be sold, the City of Anaheim Zoning Division shall be
notified within thirty (30) days of the close of escrow.
13. 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.
14. That all equipment, including supply cabinets and power meter, shall be installed on private properry
and shall be screened form public view, as approved by the Zoning Division. The applicant shall obtain
a Right-of-Way Construction Permit from the Public Works Department for any work within the public
right-of-way, including but not limited to installation of conduit, cable and electrical service lines.
15. 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 5, and as conditioned herein.
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16. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4, 5, 13 and 14, above-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.
17. That prior to final building and zoning inspections, Condition Nos. 4, 9, 10 and 15, above-mentioned,
shall be complied with.
18. 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.
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
November 3, 2003. ~
-- / ~t~41RPERSON, ANAI~E4M GITY P~ANNING EOMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 November 3, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ,
2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION