Resolution-PC 2009-005RESOLUTION NO. PC2009-005
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATIVE DECLARATION AND
APPROVING CONDITIONAL USE PERMIT N0.2008-05332
(2580 WEST ORANGE AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008-05332 to construct a 40 foot 3 inch tall
telecommunications facility designed as a church tower on certain real property situated in the
City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto
and incorporated herein by this reference.
WHEREAS, the property proposed for a telecommunications facility is developed
with St. Paul's Church located in the Transition (T) zone, and the Anaheim General Plan
designates this property for Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 21, 2009, at 2:30 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 1.8.60, 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
WHEREAS, said Commission, after due inspeckion, 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:
L That the request to construct a telecommunications facility designed as a church
tower with a height of 40 feet and 3 inches where 30 feet is permitted in the Transition (T) zone
is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18:38.060.050.05:11 (Antennas -Telecommunications).
2. That the heighC of the YelecommunicaCions facility would not adversely affect the
.adjoining land uses or the growth and development of the area in which it is proposed to be
located because the facility would be located 135 to 159 feet from Orange and Magnolia
Avenues .and 97 feet from residential uses to the east.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the telecommunications facility is an unmanned facility.
4. That the Craffic generated by the telecommunications facility would not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because adequate parking is provided on-site.
-1- PC2009-005
5. That the granting of the conditional use permit under the conditions imposed will.
not be detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Negative Declaration in
connection with Conditional Use Permit No. 2008-05332 is adequate to serve as the required
environmental documentation in connection with this request.
NOW, THEREFORE, BE 1T RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove specified does hereby approve Conditional Use Permit
No. 2008-05332 subject to conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which conditions are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the health, safety and general
welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and
18.60 ?00 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
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.
BE IT FURTHER RESOLVED thaC the applicant is responsible for paying al]
charges related to Che processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first.. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the :Planning Commission
meeting of January 21, 2009. Said resolution is subject Co the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Counci] Resolution in the event of an appeal.
r' _ %~ y
CHAII2MA EIM PLANN G IVIIvIISSION
-2- PC2009-005
ATTEST:
SENIOR SECRETARY,vANAHEIlVPPLANNWG
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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
Planning Commission held on January 21, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL,
EASTMAN, ROMERO, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONER: RAMIl2EZ
IN WTI'NESS WHEREOF, I have hereunto set my hand this -~-^ day of
{ ~!U ~ ~ , 2009. ~/~j7 /~
~`YI r.lb'/n is ,r.~ //~n ~> .,. _ .~
SENIOR SECRETARY/, ANAHEIM PLANNING COMMISSION
-3- PC2009-005
EXHIBIT "A"
CONDITIONAL USE PERMIT N0.2008-05332
-4 PC2009-005
EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05332
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR T075SUANCE OF BUILDING PERMIT
1 That the proposed church tower shall be limited to a Planning
maximum height of forty feet and three inches. The
structure shall be of consistent colors and materials as the
church. Said information shall be specifically shown on
plans submitted for building permits.
That the antennas and equipment cabling shall not be visible
Co public view. All equipment cabling shall be routed inside
2 of the structure and shall be underground. Said information Planning
shall be specifically shown on plans submitted for building
permits.
3 That any required relocation of City electrical facilities shall Public UtIlities -
be at the applicant's expense. Electrical
GENERAL CONDITIONS
4 That the subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. i (Site
Plan), 2 {Enlarged Site Plan) and 3 (Elevations), and as
conditioned herein.
.5 That approval of this application constitutes approval of the Planning
proposed request only to the extent thaC 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.
6 That extensions for further time to complete conditions of Planning
the proposed request may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
7 That timing for compliance with conditions of approval may Planning
be amended by the Planning Director upon a showing of
good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s),
(ii) the modification eamplies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved
development.
-5- PC2009-005