Resolution-PC 2004-126~ ~
RESOLUTION NO. PC2004-126
A RESOL:UTION OF THE ANAHEIM PLANNfNG COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04908 BE GRANTED, IN PART
(805 EAST SYCAMORE STREET)
WHEREAS, the Anaheim CityPlanning 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
7HAT PORTION OF VINEYARD' LOT B1, IN THE GTY OF 'ANANEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 4, PAGES 629 AND 630, DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNiA; bESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID VINEYARD LOT B1; THENCE
NORTHERLY 404.05 FEET ALONG THE WESTERLY LINE OF SAID VINEYARD LOT 61 T0
THE SOUTHERLY LINE OF THE NORTHERLY 10 ACRES OF SAID VINEYARD LOT 61;
THENCE EASTERLY 100.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID
VINEYARD, LOT $1; THENCE SOUTHERLY 404.12 FEET PARALLEL W1TH SAID
WESTERLY LINE TO` THE SOUTHERLY LINE OF' SAID VINEYARD LOT B1; THENCE
WESTERLY 100.00 FEET ALONG THE SOUTHERLY LINE TO THE POINT OFBEGINNING.
EXCEPT THE SOUTHERLY 7.00 FEET THEREOF, AS GRANTED TO THE CITY OF
ANAHEIM FOR WIDENING SYCAMORE STREET. ,
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center. in
the City of Anaheim on October 18, 2004, at 2:30 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'18.60, 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 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 of a telecommunications facility disguised as a flagpole with
accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.10.030.010.0402 and 18.38.060 with waivers of the following:
(a) SECTION NO. 18.38.060 Minimum setback adjacent to an interior proaertv line
(DELETED)
(b) SECTION NO. 18.42.040 Minimum number of parkina spaces
(DELETED)
2. That the above requested waivers are hereby denied as they have been deleted because
they have been deemed unnecessary.
3. That the proposed telecommunications facility disguised as a flagpole for the VFW Hall
would not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be located.
4. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particufar area nor to the health and safety as the telecommunication facility
disguised as a flagpole would minimize visibility from surrounding properties.
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5. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions,imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
6. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to '
an essential and effective wireless communications network system.
7. That no one indicated their presence at saitl public hearing in opposition; and that no
correspondence was received in opposition to fhe subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a flagpole)
and accessory ground-mounted equipment and does hereby approve #he 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#he initial study and any comments received that there is no substantial evidence that
the project will ha~e a significant effect on the environment. -
NOW; THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional UsePermit, upon the following'conditions which are hereby '
found to be a necessary prerequisite to the proposed use of the subject property in order topreserve the
safety and general welfare of the Citizens' of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) "flagpole" with three'(3) pane!
antennas (one per sector) enclosed within the pole and accessory ground-mounted equipmenf shall be
permitted for a period of five (5) years, to expire on October 18, 2009.
2. That the proposed telecommunications facility shall be limited to forty (40) feet in height with three (3),
sectors consisting of one (1) panel antenna per sector having dimensions of 5 feet in length and 1.5 feet
in width and accessory ground-mounted equipment. The flagpole shall be designed to allow the flag to
fly freely. The monopole antennas shall be completely enclosed within the proposed flagpole and nof
visible to public view. The design of the flagpole shall match AT&T's flagpole design (entitled by
Conditionaf Use Permit No. 2002-04596}. No add'+tional or replacement antennas shall be permitted
without the approval of the Planning Commission. Said information shall be specifically shown on plans'
submitted for building permits.
3. That the proposed flagpole shall be limited to the display of the United States flag and/or California
State flag with dimensions proportional to the height of the monopole. No signs, banners or any other
form of advertising or identification shall be attached to the proposed "flagpole" structure.
4. That the base of the flagpole shall be up-lit to light the flag during hours of darkness; or taken down
each night. Said information shafl be specifically shown on plans submitted for building permits.
5. That the flagpole shall be constructed of permanent materials simulating an authentic flagpole. The , .
pofe shall have steel finish exterior and maintained in good, clean condition. Said information shall be ,
specifically shown on plans submitted for building permits.
6. That the flag proposed for the site shal{ be regularly displayed and maintained in "like nev~' condition. In
the event that the flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately by a
new flag.
7. That the ground-mounted equipment shall be located entirely within the designated "leased" area of the :
property and the cable connecting the "flagpole" to the equipment shall be underground and shall not be
visible to the public. Said information shall be specifically shown on plans submitted for building
permits. ,
8. That trash storage areas shall be refurbiShed (including the trash enclosure gate) to the satisfaction of
the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with
said bepartment. Said information shall be specifically shown on plans submitted for building permits.
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9. That a landscape and irrigation plan for subject property shall be submitted to the Planning Services
Division forreview and approval. Said plan shall indicate a minimum two (2) foot wide planter along the
north, east and west sides of,the equipment enclosure planted with shrubs and clinging vines to prevent
graffiti opportunities. Any decision made by the Planning Services Division regarding said plan may be :
appealed to the Planning Commission as a Reports and Recommendations item. Said information shall
be specifically,shown on plans submitted for building permits
10. That the landscaping shallbe maintained in conformance with the approved exhibits and the irrigation
system shall be maintained in compliance with City standards. That any treeplanted on-site shall be`
replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead.
11.. That the entire equipment enclosure shall be constructed with a solid decorative CMU block wali of a:
height sufficient fo screen the BTS units. Said enclosure shall be planted and irrigated with minimum 5-
gallon vines on the east and north wall faces. Said information shall be specifically shown on plans
submitted for building permits.
12. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion by providing regularlandscape maintenance; removal of trash and
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. '
13. That the operator shall ensure that its installation and choice of frequencies wifl 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.
14. That at all times, other than during the 24-hour cure period provided in Condition No. 16 below, the
Operator shall not prevent the City of Anaheim from having 'adequate spectrum capacity on the City's
800 MHz radio frequency.
15. That`before activating its 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 shall be
conducted by the Communications Division of the Orange County Sheriff's Department or a Division-'
approved contractor at the expense of the Operator.
16. That the Operator shall provide a 24-hour telephone number to the Planning Services 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.
17. That the Operator will 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 City's designated representative upon activation
of the facility.
18. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user
of the facility, shall comply with the terms and conditions of this permit
19. That should this telecommunication facility be sold the City of Anaheim, Planning Services Division shall
be notified within 30 days of the close of escrow.
20. That any required relocation of City electrical facilities sha11 be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
21. That the legal owner of the subject property shall provide the City of Anaheim with an electrical utility
easement along/across high and low voltage lines, and around pad-mounted equipment. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
22. That plans submitted for building permits shall show a minimum of sixty-eight (68) on-site parking
spaces.
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23. 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, 2, 3 and 4, and as conditioned herein excepf that the
maximum heiqht of the flaqpole shall be fortv (40) feet.
24. 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, b, 7, 8, 9, 11, 20, 21 and 22, above-mentioned,
shall be complied with, Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
25. That prior to final building and zoning inspections, Condition Nos. 15 ,16, 17 and 23, above-mentioned,
shall be complied with.
26.' That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipai 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 30 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay a0'charges
shall result in delays in the issuance of required permits or the revocation ofthe approval of this application:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 18, 2004. Said resolution is subject to the appeal provision set forth' in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code perta' ' o ppeal pr ced and may be replaced
by a City Council Resolution in the event of an appeal ,,
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CHAIRMAN, ANAH IM PLANNING COMMISSION
ATTE5T:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 18, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
W WITNESS WHEREOF, I have hereunto set my hand this ~ n o~ day of
. , 2004.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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