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Resolution-PC 2001-26• • RESOLUTION NO. PC2001-26 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04309 BE GRANTED, IN PART, FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE ON FEBRUARY 26, 2006 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for ce~tain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, W THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 252 FEET THEREOF. PARCEL 2: THE EAST 11 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER O THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 252 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 26, 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 January 17 and February 12, 2001; 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 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 equipment with waiver of the folfowing: Section 18.21.063.030 - Required rear yard setback. 2. That this proposed telecommunications antenna a~d accessory equipment was originally designed to be a 64-foot high "monopalm," but that it was redesigned to be a 60 foot high freestanding bell tower. CR5022PK.doc -1- PC2001-26 • • 3. That the waiver, required rear yard setback, is hereby denied on the basis that it was deleted following public notification. 4. That the proposed use is hereby approved, in part, to permit a 60-foot high telecommunications antenna (designed as a 60-foot high freestanding bell tower) and accessory equipment. 5. That the proposed use, as approved, will not adversely affect the adjoining Iand uses and the growth and development of the area in which it is proposed to be located. 6. 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. 7. 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. 8. 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. 9. 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. 10. That one concerned person spoke at the public hearing regarding the proposal; and that ~o corr~spondenE~ was reEg~ved in opposition. - CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a telecommunications antenna (designed to be a 60 foot high freestanding bell tower) and accessory equipment with waiver of required rear yard setback on a rectangularly-shaped 2.53 acre property located at the northwest corner of South Street and Sunkist Street, having frontages of 297 feet on the north side of South Street and 372 feet on the west side of Sunkist Street, and further described as 621 South Sunkist Street (Lamb of God Lutheran Church); 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, 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: That the proposed telecommunications facility, consisting of a maximum sixty (60) foot high architectural "faux" bell tower, including a total of three (3) panel antennas shall be permitted for a period of five (5) years, to expire on February 26, 2006. 2. That a maximum of three (3) antenna arrays with six (6) foot high by eight inch (8") wide panel type antennas may be located on the maximum sixty (60) foot high architectural faux bell tower and shall be hidden behind a screen at the top portion of the structure; and that no additional or replacement antennas shall be permitted without the prior approval of the Planning Commission. That the tower sides shall not exceed eleven (11) feet, three (3) inches in length. Said information shall be specifically shown on plans submitted for building permits. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to this "bell tower." -2- PC2001-26 • ~ 4. That a landscape and irrigation plan for the subject property shall be submitted to the Zoning Division for review and approval. Said plan shall identify the screening of the above-ground equipment cabinet as well as specifying that all areas (except for the vault access hatch) above the underground vault shall be landscaped. Said information shall be specifically shown on plans submitted for building permits. 5. That the architectural faux bell tower shall be finished with colors and materials to match or compliment the existing church sanctuary building. Said information shall be specifically shown on plans submitted for building permits and shall be reviewed by the Zoning Division. Any decision made by the Zoning Division regarding the exterior finish of the structure may be appealed to the Planning Commission and/or City Council. 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 removaf of graffiti within twenty four (24) hours from time of occurrence. 7. That the trash storage area(s) shall be refurbished to include gates to City of Anaheim standards, to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for building permits. 8. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 9. 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 Revision No. 1 of Exhibit Nos. 1 through 5, and as conditioned herein. 10. That any lighting of this "bell tower" or operable bells placed on the tower shall be reviewed and approved by the Planning Commission at a noticed public hearing. 11. 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, 4, 5, 7, 8 and 14, 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. 12. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code an 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. 14. That the property owner/developer shall work with Zoning Division staff to incorporate additional architectural enhancements (such as a cross) into the bell tower; and that such enhancements shall not increase the height of the overall structure. 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. -3- PC2001-26 ~ THE FOREGOING RESOLUTION was adopted at February 26, 2001. CHAIRPERSON, ATTEST: • Planning Commission meeting of EIM CITY PLANNING COMMISSION Q ~-c~~~.-~-~~~ 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 February 26, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSfONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this /~ day of ~o...,~--~ , 2001. ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSfON -4- PC2001-26