Resolution-PC 2001-128~ •
RESOLUTION NO. PC2001-128
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04411 BE GRANTED
FOR FIVE (5) YEARS TO EXPIRE ON SEPTEMBER 10, 2006
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:
THE EAST 265 FEET OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE
SOUTHERLY LINE OF THE STRIP OF LAND CONVEYED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 5,
1959 IN BOOK 4961, PAGE 395 OF OFFICIAL RECORDS, AS CORRECTED
BY DEED RECORDED NOVEMBER 27, 1959 IN BOOK 4991, PAGE 341 OF
OFFICIAL RECORDS.
PARCEt -2: - - -
THAT PORTION OF THE EASTERLY 265 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH RANGE 11 WEST, IN THE
RANCHO LOS COYOTES AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 211 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, LYING NORTHERLY OF THE NORTHERLY LINE OF THE
STRIP OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT BY DEED RECORDED NOVEMBER 5, 1959 IN BOOK 4961, PAGE
395 OF OFFICIAL RECORDS, AS CORRECTED BY DEED RECORDED
NOVEMBER 27, 1959 IN BOOK 4991, PAGE 341 OF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 10, 2001 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 the hearing was
continued from the meetings of August 13 and August 27, 2001; and
~J~lHEREAS, sa~d Cornmission, 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 18.21.050.125 to permit a telecommunication antenna
and accessory ground-mounted equipment.
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.
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3. 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.
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 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.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person represented the West Anaheim Neighborhood Development Council (WAND) spoke with
concerns regarding the request; 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 telecommunications antenna and accessory
ground-mounted equipment on a 3.9-acre rectangularly-shaped property located between Yale Avenue
and Lincoln Avenue approximated 240 feet west of the centerline of La Reina Circle, having frontages of
265 feet on the south side of Yale Avenue and 265 feet on the north side of Lincoln Avenue, having a
depth of 668 feet, and further described as 2720 West Yale Avenue; 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 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:
That the proposed telecommunication facility, consisting of three (3) panel antennas and one (1)
microwave dish antenna, shall be permitted for a period of five (5) years to expire on September 10,
2006.
2. That only three (3) panel antennas and one (1) microwave dish antenna may be located on the
existing tower. The placement of the three (3) panel antennas on the lattice tower shall be limited to
sixty two (62) feet in height, and the microwave dish shall be limited to seventy two (72) feet in
height. Said information shall be specifically shown on the plans submitted for building permits. No
additional antennas or equipment cabinets shall be permitted without the prior approval of the
Planning Commission.
3. That the antennas shall be flush-mounted and finished and painted to match the existing lattice
tower structure. If the finish or color of the lattice tower is modified, the antennas shall be modified
accordingly. Said information shall be specifically shown on the pfans submitted for building permits.
4. That the accessory ground-mounted equipment shall be screened by a six (6) foot high chain link
fence enclosure interwoven with PVC slats. Said in formation shall be specifically shown on the
plans submitted for building permits.
That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
6. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
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That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
8. 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, 3 and 4, 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.
9. That prior to final building and zoning inspections, Condition No. 7, above-mentioned, shall be
complied with.
10. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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 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.
THE FOREGOING RESOLUTION was adopted at the P~lanning Commission meeting of
- Se~t~r~b~r 1 fJ, 2001. - ,, - ,~ -~ ~- d _ _ -
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 September 10, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NO`S: COMM!SSIO~lERS:
ABSTAINED: COMMISSIONER:
ABSENT: COMMISSIONER:
IN WITNESS WHERE
~ , 2001.
BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
!~ONE
ARNOLD,
KOOS
OF, I have hereunto set my hand this Z~~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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