Resolution-PC 2003-83~
RESOLUTION NO. PC2003-83
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04705 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionaf 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 NORTHEAST QUARTER OF THE FRACTIONAL
SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID FRACTIONAL SOUTHEAST
QUARTER AND RUNNING THENCE WESTERLY 144.5 FEET ALONG THE NORTH
LINE THEREOF; THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF
SAID SOUTHEAST QUARTER AND THE EXTENSION THEREOF TO THE EASTERLY
LINE OF THE RANCHO SAN JUAN CAJON DE SANTA ANA; THENCE ALONG SAID
RANCHO LINE, NORTH 26° 30' EAST TO THE EASTERLY LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH ALONG SAID EASTERLY LINE TO THE
POINT OF BEGINNING.
PARCEL 2: THE WESTERLY 30.00 FEET OF THAT PORTION OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
LYING NORTHWEST OF THE SAN JUAN CAJON DE SANTA ANA RANCHO LINE IN
SECTlOl~! 18, TOWNS!-!IP 4 SOllTH, RAlVGE 9~NEST, !N THE RANCHO SA~! JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NORTHERLY 45.00 FEET THEREOF LYING WITHIN
WAGNER AVENUE.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 2, 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 June 16, 2003 Planning Commission meeting; 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 Section 1821.050.125 to permit a 45-foot high telecommunications antenna
(disguised as a bell tower) with accessory ground-mounted equipment.
2. That the proposed use, which will be constructed on property developed with a church,
will not adversely affect the adjoining land uses and the growth and development of the area in which it is
located.
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3. That the size and shape of the site for the proposed use is adequate to allow fuil
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 proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting 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 faux bell tower telecommunications facility, as conditioned herein, will not
adversely affect adjoining land uses.
7. That the proposed faux bell tower telecommunications facility is consistent with the city's
goal of concealing such uses from public view by using existing or proposed architectural features which
complement the site and the surrounding area.
8. 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 permit a 45-foot high telecommunications antenna
(disguised as a bell tower) with accessory ground-mounted equipment on an irregularly-shaped 1.97-acre
property having a frontage of 144 feet on the south side of Wagner Avenue and a maximum depth of 664
-feef, being focafed 144 f~~t ~ast of the centerline of Marjarr 8treet, and further described as 2780 East
Wagner Avenue (Calvary Baptist Church of Anaheim); 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 i~itial study a~d any comments received that thsre
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 property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the telecommunications facility shall be disguised as a bell tower and shall be limited to forty
five (45) feet in height. The ground-mounted equipment shall be enclosed within the base of the belf
tower. Said information shall be specifically shown on the plans submitted for building permits.
2. That no signs, flags, banners or any other form of advertising or identification shall be attached to
the bell tower/telecommunications facility.
3. That the faux bell tower shall be finished with colors and materials that resemble a real bell tower
and match or complement the existing church. Said information shall be specifically shown on the
plans submitted for building permits for review and approval by the Zoning Division. Following
completion of the bell tower, an inspection shall be conducted by the Zoning Division to determine
whether the colors and materials used are compatible with the church and resemble a real bell
tower. Any decision made by the Zoning Division regarding the exterior finish of the structure may
be appealed to the Planning Commission as a`Reports and Recommendations' item.
4. That any lighting of the bell tower shall be speci~cally shown on the plans submitted for building
permits.
5. That the ground-mounted equipment shall be located entirely underneath and enclosed within the
faux bell tower, and the cable connecting the equipment shall be underground and shall not be
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visible to the public. Said information shall be specifically shown on the plans submitted for building
permits.
6. That all equipment, including supply cabinets and power meter, shalt be installed on private property
and shall be screened from public view, as approved by the Zoning Division. Saicf information shall
be specifically shown on the plans submitted for building permits.
7. 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 time of occurrence.
8. That the Operator shall ensure that this installation and 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.
9. That at all times, other than during the 24-hour cure period provided in Condition No. 11 below, the
Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
10. That prior to 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 safery 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 expense of Operator.
- 11. That tne Operator shaif provide a twenty ~our (24} hor~F telepho~~FlUmber to ~k~e Zo~ing Divisior~
(which will 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.
12. That the Op~rato~ shal! provide a'sir~gle poir~t of contacY in i#s Engineering and Maintenance
Departments to ensure continuity regarding all interference issues. The name, telephone number,
fax number and e-mail address of that person shall be provided to Zoning Division.
13. 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.
14. That if this telecommunications facility is sold, the City of Anaheim Zoning Division shall be notified
within thirty (30) days from the close of escrow.
15. That any required relocation of City of Anaheim 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.
16. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information 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 5, 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
resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 11, 12, 15 and 16, 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.
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19. That prior to final building and zoning inspections, Condition Nos. 3, 10, 17 and 21, herein-
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.
21. That prior to commencing operation of the telecommunications antenna with accessory ground-
mounted equipment, the applicant shall obtain a business license for the facility if required by the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resofution, and any approvafs herein contained, shall be deemed null and void.
June 16, 2003.
ATTEST:
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
0 s$a.~_,
SUPPORT SUPERVISOR, ANAHElM ClTY PLANNING COMMISSlON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, PC Support Supervisor 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 June 16, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
VACANT: COMMISSIONERS: ONE POSITION
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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SUPPORT SUPERVISOR , ANAHEIM CITY PLANNING COMMISSION
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