Resolution-PC 99-177RESOLUTION NO. PC99-177
A RE~OLUTION OF THE ANAHElM CI7Y PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL IISE PERMIT NO. 4142 BE GRANTED, IN PART,
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE ON OCTOBER 11, 2004
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:
PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STA7E ~F
CALIFORNIA, A SHOWN ON A MAP FILEQ IN BOOK 58, PAGE 43 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 11, 1999 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 hearing was
continued from the August 16 and September 13, 1999 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of aIl evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properfy one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.100.050.0511 to construct a; 60-foot high telecommunications
"monopalm" with waiver of the following:
Sections 18.41.063.010 - Minimum structural setback.
and 18.110.100.090.0901
2. That the waiver of rninimurn structural setback is hereby denied on the basis that it was
deleted following public notification.
3. That the proposed use is properly cne for which a coniiitional use permit is authorized in
Development Area 5(Commercial Area) of the Northeast Area Specific Plan (SP 94-1).
4. That the proposed use, 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.
5. That the size and shape of the site for the proposed use, as approved, is adequate to
allow full development of the proposal in a manner not detrimental to ihe particular area nor to the peace,
health, safety and general welfare because six live paim trees surrounding the proposal will adequately
screen the monopole and antenna arrays from nearby properties and puhlic rights-of-way.
6. 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.
7. 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.
CR3768PK.GOC -1- PC99-177
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 ENVIRONMENTAi. QUALITY ACT FINDING: 'T'hat the Anaheim City
Planning Commission has reviewed the proposai to construct a 60-foot high telecommunications
"monopaim" with waiver of ~ninimum structural setback on a irregulariy-shaped 6.4-acre property located
south and east of the southeast corner of La Palma Avenue and Kraemer Boulevard (on the east side of
ihe Orange County Flood Control District Channel), having frontages of 281 feet on the south side of La
Palma Avenue and 127 feet on the east side of Kraemer Boulevard, and being located 440 feet east of
the centerline of Kraemer Boulevard and 650 feet south of the centerline of La Palma Avenue 3150 -
3164 East t.a Palma Avenue); and does hereby apprave the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaraticn 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 Ciry Planning Commission
does hereby grant subject Petition for Conditionai 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 cf one (1) "mono-palm tree" with three
(3) antenna arrays having two (2) antennas each, shall be permitted for a period of five (5) years,
to expire on October 11, 2004.
2. That a maximum of three (3) antenna arrays with two (2), f~ur (4) foot high by one (1) foot wide,
panel type antennas may be located on the "mono-palm"; and that the overall structure shall not
exceed a maximum heiglzt of sixty (60) feet. The monopole arrays shall extend no further than
six (6) feet from the pole and no additional or replacement antennas shall be permitted without
the approval of the Planning Commission. Said information shal~ be specifically shown on plans
submitted for building permits.
3. That ~o signs, flags, banners or any other form of ad~~ertising or identification shall be attached to
the proposed °mono-palm" structure.
4. (a) That the locations of the mono palm and the trash container, as shown on Exhibit No. 4,
shall be reversed.
(b) That at least six (6) live palm trees, minimum forty (40) feet high each, shall be planted and
maintained in a heaithy condition. These live palm trees shall be planted around the "mono
palm" as follows: one (1) to the north, two (2) to the +: ~:.~t and three (3) to the south. A final
plan showing the location of f.he Iive trees and the "mono palm" shall be submitted to the
Planning Department for review and approval by the Planning Commission as a"Reports
and Recommendations" item. An irrigation plan for the palm trees shall be submi~ted to the
Building Division for review and approval. Any tree planted on-site shall be replaced in a
timely manner with a tree of like-type and height, in the event that it is removed, damaged,
diseased and/or dead.
That the monopole shall be constructed of materials and colors simulating s live palm tree of the
same variety as the living palm trees included in this proposal. The artificial palm fronds shall be
painted and finished to match the living palm trees. The antenna arrays and individual panel
antennas shall be painted green to match the artificial palm fronds attached t~ the monopole
structure. A color and materials board shail be submitted to the Zoning Division for review and
approval by the Planning Commission as a"Report: and Recommendations" item. Said
information shall be specifically shown on the plans submitted to for building permits.
C:R3768PK.DOC -2- PC99-177
6. That this property shali be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal ~° graffiti within
twenty four (24) hours from time of occurrence.
7. That trash storage areas shall be refurbished to inciude gates in accordance with City standards
and to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply
with approved pians on file with said Department.
8. That the existing palm trees adjacent to the south elevation of Y~~ '~ ~isti^g buildiryg shali be
maintained in a healthy condition.
9. That a six (6) foot high biock wall, planted with rapidly growing clinging vines on maximum three
(3) (oot centers, shali be constructed around the accessory ground-mounted equipment. No
barbed wire shall be permitted. Said block wall and landscaping shall be specified on pians
submitted for building permit~.
10. 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 correspondingly.
11. That 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 Plann~ng Department marked Exhibit Nos. 1, 2, 3, 4 and 5; and as conditianed herein,
including that Exhibit No. 4 shall be revised as specified in Condition No. 4(a), above-mentioned;.
12. That prior to issuance of a building permit or N~ithin a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4(a) and {b), 5 and 9, 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 Municipai Code.
13. That prior to final building and zoning inspections, Condition Nos. 7 and 11, above-mentioned,
shall be complied with.
14. That approval o~ this application constitutes approval of the proposed request only to the extent
that it compiies with the Anaheim Municipai Code an any other applicable city, State and Federal
regulations. Approvai does not include any action or findings as to compliance or approval of the
request regarding any other appiicable or~inance, regulation or requirement.
B~ IT FURTHER RESOLVED that the Anaheim City Plenning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and ali of the conditions hereinabove set forth. Shouid 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, shail be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 11, 1999.
~'~c~~ ~(' ~~,~~~..
CHAIRPERSON, ANAHEIM TY LANNING COMMISSION
ATi'EST:
SECRETARY, AN EIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 Pi~nning
Commission held on October 11,1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERSILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS, ONE VACANT SEAT
IN WITNESS WHEREOF, t have hereunto set my hand this ~~day r~f
~~_, 1999.
, ~ ~4l~.(~'
SECRETARY, HEIM CITY PLANNING COMMISSION
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