Resolution-PC 2000-64• •
RESOLUTION NO. PC2000-64
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC86-31, AS AMENDED,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2750
(tracking number Conditional Use Permit No. 2000-04206)
WHEREAS, on January 20, 1986 the Planning Commission adopted Resolution No. PC86-
31 to grant Conditional Use Permit No. 2750 and permit a 42-foot high, 183-unit motel with waivers of
minimum structural setback, minimum landscaped setback, maximum structural height and required site
screening; that on March 17,1986 Commission adopted Resolution No. PC86-63 to modify the
development proposal to permit a 46-foot high, 171-unit motel with waivers of required site screening,
maximum structural height, minimum structural setback and minimum landscaped setback; that on April
28, 1986 the Commission adopted Resolution No. PC86-118 to amend, nunc pro tunc, the legal
description; that on August 31, 1987 the Commission adopted Resolution No. PC87-268 to approve
revised plans for the development proposal to permit a 46.3-foot high, 164-unit motel with waivers of
required site screening, maximum structural height, minimum structural setback and minimum landscaped
setback; and that on March 15, 1999, the Commission adopted Resolution No. PC99-51 to amend
certain conditions of approval pertaining to the parking lot layout and reciprocal access and parking with
the adjacent commercial shopping center to the south; and
WHEREAS, the petitioner requests amendment to this conditional use permit under
authority of Section 18.03.092 of the Anaheim Municipal Code to modify the previously-approved exhibits
and use as follows.
(a) Waiver of the following in order to construct a parapet roof extension:
Section 18.84.062.030.031 - Maximum structural heiqht.
(35 feet permitted in the CL(SC) (Commercial, Limited - Scenic
Gorridor Overlay) Zone; 57 feet proposed)
(b) Approval of a conditional use under authority of Code Section 18.84.062.030.032 to permit a roof-
mounted telecommunication facility (i..e., antennas and equipment).
WHEREAS, this property is developed with a hotel (Fairtield Inn) in the CL(SC)
(Commercial, Limited - Scenic Corridor Overlay) Zone; and that the Anaheim General Plan designates
this property for General Commercial land uses; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 22, 2000, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with khe provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment 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 consideratian of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed telecomrnunication facility, including a waiver of maximum structural
height to raise the parapet wall height, is a conditionally permitted use in the CL(SC) zone.
2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the
antennas are fully screened within an architectural feature which blends with the existing architecture of
the building; and that the equipment cabinet maintains a setback and location (behind other existing
parapet walls) which will not be visible to the subject property, surrounding properties, or the elevated
Riverside/SR-91 Freeway right-of-way.
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3. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located; and 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 to the peace, health, safety and general welfare because this site is currently
developed with an existing 3-story hotel, and the antennas and equipment will be accessory to, and fully
integrated within, the existing and modified building structure and will be virtually undetectable.
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 there will be no
traffic generated by approval of this proposal.
5. That amending this conditional use permit to allow a telecommunications facility, 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 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 amend Conditional Use Permit No. 2750 by
modifying previously-approved exhibits in order to construct a parapet roof extension and to permit a roof-
mounted telecommunication facility (i.e., antennas and equipment) on property consisting of 2.8 acres
located southeast of the interchange between the Riverside/SR-91 Freeway and Imperial Highway,
having a frontage of 120 feet on the west side of Via Cortez and a maximum depth of 608 feet, being
located 930 feet north of the centerline of Santa Ana Canyon Road, and further described as 201 North
Via Cortez (Fairfield Inn); 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 amend Resolution No. PC86-31 adopted in connection with Conditional Use Permit No. 2750, as
amended, to permit a roof-mounted telecommunication facility (i.e., antennas and equipment) under
authority of Code Section 18.84.062.030.032, and with waiver of following in order to construct a parapet
roof extension:
Section 18.84.062.030.031 - Maximum structural height.
(35 feet permitted in the CL(SC) (Commercial, Limited - Scenic
Corridor Overlay) Zone; 57 feet proposed)
BE IT FURTHER RESOLVED that said approval is granted subject to 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:
That a maximum of six (6) panel antennas per sector shall be attached to a(4) four sided thirteen
and five tenths (13.5) foot by thirteen and five tenths (13.5) foot steel frame (totaling twenty four
(24) panel antennasl) enclosed within a raised parapet roof area (maximum height of fifty seven
(57) feet) located on the existing building, as indicated on the approved exhibits. The modified
portion of the raised parapet shall b~ textured, finished and painted to match the existing parapet.
The roof-mounted equipment cabinet shall not be visible to any public right-of-way or adjacent
property, and shall be painted to blend with the roof. Said information shall be specifically shown
on plans submitted for building perm'its. No additional or replacement antennas shall be permitted
without the prior approval of the Planning Commission.
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2. That all cables for the antenna array;s and panel antennas shall be undetectable from off site and
shall be flush mounted or covered and painted to match the building. Said information shail be
specifically shown on plans submitted for building permits.
3. That the legal property owner shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is ~completed.
4. 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 ExhibiC Nos. 1, 2, 3, 4, 5, 6, 7 and 8(in tracking number Conditional
Use Permit No. 2000-04206), and as conditioned herein.
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, 2 and 3, herein-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.
6. That prior to final building and zoning inspections, Condition Nos. 4 and 8, herein-mentioned, shall
be complied with.
7. That if the use that is authorized by this conditional use permit is abandoned, the building elevation
shall revert back to Exhibit No. 5 app~oved in conjunction with Conditional Use Permit No. 2750.
That the existing wall mounted cellul~ar antennas shall be painted to match the color of the stucco
surface of the hotel.
That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Muniaipal 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 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
Resolution, and any approvals herein contained, shall be deemed null and void.
May 22, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRP RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SEC ETAR ANAHEIM 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 Planning
Commission held on May 22, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~~ , 2000.
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SE ET , ANAHEIM CITY PLANNING COMMISSION
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