Resolution-PC 2001-80~ .
RESOLUTION NO. PC2001-80
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3860
FOR FIVE (5) YEARS TO EXPIRE ON JUNE 18, 2006
WHEREAS, on August 19, 1996 the Planning Commission adopted Resolution No. PC96-
84 to grant Conditional Use Permit No. 3860 and permit a 55-foot high monopole telecommunication
antenna and accessory equipment with waiver of minimum setback from interior property lines (10 feet
required, 3.5 feet approved between the south property line and accessory equipment cabinets) on
property located at 5620 East La Palma Avenue; and that said resolution includes the following condition
of approval:
"2. That the communication monopole shall be approved for a period of five (5) years,
to expire on August 19, 2001."
WHEREAS, this property is developed with an industrial complex in Development Area 5
(Commercial Development Area) of Specific Plan No. 94-1 (Northeast Area Specific Plan) and that the
property is also located in the Scenic Corridor Zone Overlay; and that the Anaheim General Plan
designates the property for General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 3860
and deletion of Condition No. 2(pertaining to the time limitation which will expire on August 19, 2001) in
order to retain the previously-approved tetecommunicatian monopote antenna and accessory ground
mounted equipment; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 18, 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 proposed to be reinstated is properly one for which a conditional use permit
is authorized by the Anaheim Municipal Code; and that Section 18.03.093 authorizes the request for
reinstatement.
2. That no Code Enforcement complaints have been received regarding this use; and that
reinstating the use will not adversely affect the adjoining land uses and the growth and development of
the area in which it is located; and that.
3. That the size and shape of the site for the use, as proposed to be reinstated, 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 use, as proposed to be reinstated, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
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5. That reinstating the use, 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 amending the conditions of approval is reasonably necessary to protect the public
peace, health, safety and generaf welfare, and necessary to permit reasonable operation under the
conditional permit as granted.
7. That the facts necessary to support each and every required showing for the issuance of
this entitlement as set forth in Chapter 18.03.093 exist.
8. That this use permit is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved by the approval body.
9. That this use permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health, safety and general welfare.
10. 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. 3860 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
F~#lects the independerrt j~dgFne~t o~ 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 reinstate and approve Conditional Use Permit No. 3860 for five (5) years (to expire on June 18,
2006) to retain the telecommunications facility, consisting of one (1), fifty five (55) foot high, wood
monopole with three (3) antennas, and with waiver of minimum setback from interior property lines; and
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC96-84,
adopted in connection with Conditional Use Permit No. 3860, are hereby amended in their entirety to read
as follows:
That the telecommunications facility consisting of one (1) wood monopole with three (3) antennas
shall be permitted for a period of five (5) years, to expire on June 18, 2006.
2. That a maximum of three (3) panel-type antennas may be located on the monopole, and that the
overall structure shall not exceed a maximum height of fifty five (55) feet. The antennas shall be
painted brown to match the pole, and the antenna arms shall be a maximum of four (4) feet. No
additional or replacement antennas shall be permitted without the prior approval of the Planning
Commission. Said information shall be specifically shown on plans submitted for building permits.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
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 Exhibit Nos. 1 through 5, and as conditioned herein.
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5. 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 regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted,~t~he Plannip~Commission meeting of
June 18, 2001. / /- / ~
CHAIRPERS
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
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
- GoFnFrtission held on June 18; 200'~, by the following vote of the-mertibers thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: BRISTOL
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ r~ day of
,~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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