Resolution-PC 2001-132. ~
RESOLUTION NO. PC2001-132
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04416 BE GRANTED
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE 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:
THE EAST 265 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH,
RANCH 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS 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 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
W_HEREAS, said Commission,_aftec 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 telecommunications antenna and accessory
ground-mounted equipment.
2. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
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;
and that no correspondence was received in opposition.
CALIFORNtA 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 rectangularly-shaped 8.3-acre property located between Stoneybrook
Drive and Ball Road approximately 159 feet west of the centerline of Sherrill Street, having frontages of
265 feet on the south side of Stonybrook Drive and 265 feet on the north side of Ball Road, and further
described as 2719 West Ball Road; 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
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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:
1. That the proposed telecommunication facility, consisting of four (4) antenna panels, with two (2)
amplifiers per antenna, shall be permitted for a period of five (5) years to expire on September 10,
2006.
2. That a maximum of four (4) antenna panels with two (2) amplifiers each may be located on the
existing transmission tower; and that the maximum one hundred twenty (120) square foot ground-
mounted accessory equipment building shall be located directly beneath the transmission tower.
The placement of the four (4) antennas on the lattice tower shall be limited to fifty seven and one-half
(57.5) feet high. 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 and cable run shall be finished and painted to match the existing lattice tower
structure. If the finish or color of the lattice tower is modified, the antennas and cable run shall be
modified accordingly. Said information shall be specifically shown on plans submitted for building
permits.
4. That the property under lease shall be permanently maintained in an orderly fashion by providing
regular maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours
from time of occurrence.
5. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
6. 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 Exhibit Nos. 1, 2, 3, 4 and 5 and as conditioned herein.
7. 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 10, 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.
8. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be
complied with.
9. 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.
10. That the equipment enclosure shall be fully screened by a six (6) foot high chain link fence
interwoven with PVC slats; and that landscaping plans specifying this improvement shall be
submitted to the Planning Department for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2001. )
ATTEST:
, ANAHEIM CITY PLANNING COMMISSION
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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
cerkifj~_that_the-foregoing resolution was. passed an. d..ad.o.p.ted at.a .mee.ting of the Anaheim City Planniag.
Commission held on September 10, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN
NOES: COMMISSIONERS: VANDERBILT
ABSTAINED: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: NONE
/ IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
~~2~~i2J! , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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