Resolution-PC 98-198RESOLUTION NO. PC98-198
A RESOLUTION OF THE P,NAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4076 BE GRANTED, IN PART
WHEREAS, the Anaheim City Pianning 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:
PARCEL 1: LOTS 5 AND 6 IN BLOCK 4 OF TRACT NO,. 41a, AS SHOWN ON
A MAP THEREOF RECORDED I~I BOOK 16, PAGE 2, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: LOTS 5, 6, 21 AND 22 IN BLOCK 3, AND LOTS 3, 4, 5, 6, 21, 22,
23, 24 AND S6 IN BLOCK 4 OF TRACK NO. 419 AS SHOWN ON A NiAP
THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANG[ COUNTY.
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 7, DISTANT THEREO;i
SJUTH 0° 09' 45" EAST 257 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7,
AND RUNNING THENCE NORTH 89° 54' 3U" WEST 175.17 FEET TO AN INTERSECTION
WITH THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE
SOUTHERN PACIFIC RAILROAD, AS SAID RIGhIT OF WAY IS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, 269.27 FEET TO AN
INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 7; THENCE NORTHERLY
ALONG SAID EASTERLY LINE, 203.72 FEET TO THE POINT OF BEGINNING;
EXCEPTING FROM SAID PARCEL 3 THE SOUTHWESTERLY 65 FEET THEREOF AS
CONVEYED TO THIS STATE OF CALIFORNIA BY DEEDS RECORDED APRIL 25, 1950, If
BOOK 2003, PAGES 484 AND 488, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY;
PARCEL 4: LOTS 1 AND 2 IN BLOCK A OF TRACT NO. 419 AS SHOWN ON MAP
THEREOF RECORDED IN BOUK 16, PAGE 2, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY;
PARCEL 5: ALL THAT PORTION OF THE ALLEY LYING 13ETWEEN LOTS 3 TO 6
INCLUSIVE AND LOTS 1 AND 26; AND LOTS 21 AND 24 INCLUSIVE IN BLOCK 4; AND
THAT PORTION OF THE ALLEY LYING BETWEEN LOTS 5, 6, 21 AND 22 IN BLOCK 3;
AND THE EASTERLY ONE-HALF OF THE ALLEY ADJOINING LOT 2 IN BLOCK 4, TRACT
NO. 419, AS PER MAP RECORDED IN BOOK 16, PAGE 2 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY CALIFORNIA, AND A RESOLUTION OF INHICH WAS,
RECORDED MARCH 29, 1956 IN BOOK 3454, PAGE 473; OFFICIAL RECOF2DS OF
ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearingat the Civic Center in
the Cfty of Anaheim on D?cember 21, 1998 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, Chepter
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 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:
CR3503PK.DOC -1- PC98-198
1 That the proposed use is properiy one for which a conditional use permit is authorizec7 by
Anaheim Municipal Code Section 18.21.050.125 to permit a 52-foot high telecommunications monoPole
"palm" tree with accessory ground-mounted equipment with waiver of:
Sections 18.21.063.030 - Permitted encroachment in setback area.
and 1821.064 (monopoles are not permitted encroachments into required 25-foot rear
yards in the RS-A-43,000 "Residential/Agriculfura~' zone; proposed 52-
foot high monopole encroaches 20 feet into the rear yard and is iocated 5
feet from the rear property line)
2. That the waiver is hereby denied because the applicant will relocate the monopole to a
location out~ide the required setback area, approximately 70 feet east of the originally proposed location.
3. That the proposal, as approved, will 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 for the proposed use, as approved, is adequate to
allow the full development of said use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare.
5. That the traffic generated by the proposed use, as approved, u~ill not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, in part and under ihe conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of ihe City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to this petition;
and that no correspondence wa~ received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITYl1CT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to to permit a 52-foot high telecommunications monopole
"palm" tree with accessory ground-mounted equipment and with waiver of permitted encroachment in a
required setback area on an irregularly-shaped 6.65-acre property having frontages of 980 faet on the
south side of Midway Drive and 300 feet on the west side of Zeyn Street, and being located 400 feet west
of the centerline of Anaheim Boulevard at 200 West Midway Drive (Anaheim Resort R.V. Park); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgement 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, in part, 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 proposed telecommunications facility, consisting of one (1) mono-pele "palm tree" with
three (3) antenna arrays with four (4) anter,nas each, shall be permitted for a period of five (5)
years, to expire on December 21, 2003.
2. That a maximum of three (3) antenna arrays with four (4), four (4) feet high by one (1) foot wide,
panel type antennas each may be located on the mono-palm and that the overall structure shall
:iot exceed a maximum height of fifty two (52) feet. That two (2) GPS (Global Positioning
Antenna) will be permitted on the accessory ground-mounted equipment. No additional or
replacement antennas shall be permitted without the prior approval of the Planning Commission.
The above information shall be specifically sh~wn on the plans submitted for building permits.
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3. That no signs, flags, banners or any other form of advertising or identification shall be attached to
this pro~osed mono-palm structure.
4. That a six (6) foot high block wall, planted with rapid growing clinging vines on maximum three (3)
foot centers, shall be constructed around the accessory ground-mounted equipment. Barbed wire
shall not be permitted. Said block wall shall be specified on plans submitted for permits from the
Building Division.
5. That within a period of (30) days from the date of this resoiution, the existing ihirty five (35) fod
high temporary monopole shali be removed.
6. That the height of the mono-palm shall not exceed the height of the attached panel antennas at
any time. If the panels are lowered, the mono-palm height shall be lowered to correspond with the
height of the panel antennas.
7. That final plans specifying the new placement of the mono-palm and accessory equipment (at a
location which will reduce visibility of the mono-paim from the freeway and which is outside the
Code-required setback areas for the RS-A-43,000 "Residential/AgriculturaP zone) shall be _
submitted to the Zoning Division of the Planning Department for staff review and approval.
8. That revised landscaping plan(s) for lhe facility shall be submitted to the Zoning Division
specifying the type, size and Iocation of proposed landscaping and the irrigation method for
submittal to the Plar.ning Commission for review and approval as a"Reports and
Recommendations" item. Said landscaping plan shall include a minimum of three (3) mature palm
trees, each to be to a minimum of forty (40) feet in height) and five (5) mature eucaiyptus trees.
Following approval, the landscaping shall be installed and maintained in accordance with the plan.
In order to supplement and further describe the landscaping plans, photographic simulations and
elevation plans showing the anticipated appearance of the proposed facility shall be submitted.
9. That the subject propeRy shall be developed substantially in accordance wilh the plans and
specifications submitted to the City of Anaheim by the peti!ioner and which plans are on file with
the Planning Dep2rtment marked Exhibit Nos. 1 through 4, and as conditioned herein, including
that the monopole shall be relocated as specified by Condition No. 7, above.
10. 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, ~~ondition Nos. 2, 4, 7 and 8, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 cf the Anaheim Municipal Code,
11. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be
complied with.
12. That within a period of thirty (30) days from the date of this resolution, Condition No. 5, above-
mentioned, shall be completed.
13. That approval of this application constitutes approval of the proposed request only to the extent
that it compiies with the Anaheim Municipal Code an any other applicabie city, State and Federal
regulations. Approval does not include any act(on or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that lhe 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 deciared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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~
THE FOREGOING RESOLUTION a dopted'af Planniny Commission meeting of
December21, 1998. %
_.--
CHAIR ON, A EIM CITY PLANNING COMMISSION
ATTEST:
O s-.°-~-_4
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 December 21, 1958, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICIC, ESPING
IN WITNESS WHEREOF, I hava hereunto set my hand this ~~ day of
~_~, 1999.
~ S.lbaX~e-i
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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