Resolution-PC 2003-18• •
RESOLUTION NO. PC2003-18
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING VARIANCE NO. 4322,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-155,
ADOPTED THEREWITH
WHEREAS, on October 27, 1997, Anaheim City Planning Commission did, by its
Resolution No. PC97-155, grant Variance No. 4322 for waiver of minimum structural setback adjacent to
a residential use to construct six-foot high accessory ground-mounted equipment and chain link fencing
for a telecommunications facility at 800 South Beach Boulevard; and that said resolution includes the
following condition of approval:
"4. That subject variance shall expire five (5) years from the date of this resolution on
October 27, 2002."
WHEREAS, this property is developed with a motel (Ramada Inn) in the CL (Commercial,
Limited) Zone; that the Anaheim General Plan designates the property for General Commercial land
uses; and that the property is located in the West Anaheim Commercial Corridors Redevelopment
Project Area; and
WHEREAS, under authority of Code Section 18.03.093 of the Anaheim Municipal Code the
petitioner has requested reinstatement of this variance for waiver of minimum structural setback adjacent
-- to a residentiaFzone to retain ~~e aceessoFy gro~rtd-rx-ounted telecom~~+nicatians ec}uip~ent; and- --
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 27, 2003, 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 proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
. 3. That the size and shape of the site for the proposal is adequate to allow full development
of the use 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 will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, 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 this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
Tracking No. VAR2002-04548
cr\PC2003-018.doc -1- PC2003-18
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7. That this conditional 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.
8. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate and approve Variance No. 4322 without a time limitation;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend
Resolution No. PC97-155, adopted in connection with Variance No. 4322, to amend the conditions of
approval in their entirety to read as follows:
1. That the accessory ground-mounted telecommunications equipment shall be maintained in
conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and the
Noise Insulation Standards specified in Title 25 of the California Administrative Code.
2. That the maximum height of the equipment and chain link fence enclosure shall not exceed the
height of the existing block wall to the east or six (6) feet, whichever is less.
3. That the chain link fence enclosure shall be maintained with interwoven simulated wooden or PVC
slats, and shall be maintained in good condition at all times.
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.
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.
6. That any inoperable vehicles on the property shall be removed immediately; and that no automotive
repair shall be permitted.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/~'lva~..a
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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• ~
I, Eleanor Morris, Senior 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 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 2J ~ay of
tbr uo~.r , 2003.
~~~La~co
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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