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Resolution-PC 2001-19~~ RESOLUTION NO. PC2001-19 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. 96R-196 AND GRANTING CONDITIONAL USE PERMIT NO. 3875 FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE ON OCTOBER 14, 2006 (CUP Tracking No. 2001-04311) WHEREAS, on December 3, 1996, the City Council adopted Resolution No. 96R-196 to grant Conditional Use Permit No. 3875 and permit a 59-foot high telecommunication monopole antenna and accessory equipment on property located 7600 E. La Palma Avenue; and that Condition No. 1 of said resolution specifies that the use is approved for a period of 10 years to expire October 14, 2006; and WHEREAS, the property is an Orange County regional park (Yorba Regional Park) which is developed with recreationaf facilities and accessory buildings; that the property is zoned RS-A-43,000 (SC) (Residential/Agricultural - Scenic Corridor Overlay); and that the Anaheim General Plan Land Use designation is Special Park Site; and WHEREAS, the petitioner has requested approval for finro additional antennas on the previously-approved 59-foot high telecommunications monopole and accessory ground-mounted equipment under the authority of Code Section 18.21.050.125; and WHER~AS, ~he ~ity Planning Com~nission-did-hold-a publiE hearing at the ~iviE Center-in the City of Anaheim on January 29, 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 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 consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use, as proposed to be amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as amended, will not adversely affect adjoining land uses, nor the growth and development of the area where it is located, nor will it be detrimental to the peace, safety or general welfare of the citizens of the City of Anaheim because the proposed antennas and equipment are passive in nature, require minimal maintenance, and are located in a fenced maintenance area of the regional park which is not accessible to the public. 3. That the proposal will not create a negative visual impact on the surrounding area because the proposed antennas will be placed at a lower height than the existing antennas, which have minimal visibility based on the location, and the design, which blends in with existing sports field lights; and that the existing mature landscaping within the park will screen the antennas from adjacent public rights-of-way. 4. That little or no traffic will be generated by the proposal because the only time an employee will visit the site is for periodic maintenance on a monthly (or less) basis. CR5011 PK.doc -1- PC2001-19 ~ • 5. 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 and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3875 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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. 96R-196, adopted in connection with Conditional Use Permit No. 3875, to permit two (2) additional antennas, with accessory ground-mounted equipment, on the previously- approved 59-foot high telecommunications monopole antenna with accessory equipment; and BE IT FURTHER RESOLVED that the conditions of approval of said resolution are hereby amended in their entirety to read as follows: That the telecommunication monopole with antennas and the associated equipment are approved until October 14, 2006. 2. That the following may be located on the monopole: (a) Three (3) antenna arrays with four (4) panel type antennas, (b) One (1) non-operational floodlight panel, (c) One (1), five and eight-tenths (5.8) foot long, maximum finro and one-quarter (2.25) inch diameter, omni antenna, and (d) One (1), twenty six (26) inch diameter, satellite dish antenna. That the overall structure shall not exceed a maximum height of fifty nine (59) feet; that no additional or replacement antennas shall be permitted without the prior approval of the Planning Commission or City Council; and that the omni antenna shall not be placed higher than fifty one (51) feet and the satellite dish shall not be placed higher than twenty eight and finro-tenths (28.2) feet. Said information shall be specifically shown on the plans submitted to the City of Anaheim for permits. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the monopole structure. 4. That the monopole, floodlight panel and antennas shall be painted/finished in a neutral silver/gray with a metal-look finish to match the existing adjacent baseball diamond field lights; and that if the existing field lights are modified in color, the monopole and antennas shall be repainted/refinished to match the field lights. That the monopole base and existing masonry equipment enclosure shall be maintained to match the color of the existing nearby buildings; and that clinging vines planted on maximum three (3) foot centers shall be maintained to screen said enclosure walls and to prevent graffiti opportunities. 6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within finrenty four (24) hours from time of occurrence. -2- PC2001-19 ~ • 7. 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 Exhibit Nos. 1, 1-a and 2, Revision No. 1 to Exhibit No. 3, and Exhibit No. 4, and as conditioned herein. That prior to commencement of the activity herein approved, or prior to issuance of a permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 2, 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. That prior to final building and zoning inspections, Condition Nos. 4 and 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 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 any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 29, 2001. , CHAIRPERSON, AHEIM CITY LANNING COMMISSION ATTEST: . ~ 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 January 29, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of 2001. _E~.~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-19