PC 83-20RESOLUTION NO. PC82-20
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMZT NO. 2409 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditio~al Use Permit from ROGER C. & ANN
Way, Anaheim, California 92gp~ ~• ST~L, 1801 Penhall
the City of Anaheim ~~Wners of certain -ea1 property situated in
, County of Orange, State of Cal. °~rnia, described as:
;;~ PARCELS 2 IN THE CIT° OF ANAHEIM, COUPJTY OF OR,*.NGE, STATE
+' OF CALIFORNIA, AS SHOWN ON A PARCEL MAP PILED IN BOOK 90,
`'i PAGE 37 OF PARCELS MApg, IN THE OFFICE OF THE COUNTY
~ RECORDER OF SAID COUNTY.
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WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on January 24, 19g3, at 1:30 p.~,, 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
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 tl:e proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.61.OSO.i2p to
wit: to permit a 180-foot high communications tower in the t~ (Indust_r.ial,
Limited) Zone.
2• That the proposed use will not adver~ely affect the adjoining
land uses and the growth and development of the area in which it is pro~osed
to be located.
3• That the size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welfare ef the Citizens of the City of Anaheim.
4• That the granting of the Conditional Use Permit under the
conditions impos~3, if any, wii~ not be detriment 1 to the peace, health,
safety and qeneral welfare of the Citizens of the City of Anaheim.
5• That the traf£ic generated by the proposed use will not impose
an undue burden upon the streets and hiRhways designed and improved to carry
the traffic in the area.
6• That no one indicated their presence at said oublic heari;:g in t
opposition; and that no correspondence was received in opposition to the
subject petition. ;
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PC83-20 {
:";,~ ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
~{. Commission has reviewed the proposal to permit a 180-foot high cor~,unications
tower in the ML (Industrial, Limited) Zone on a rectangularly-shaped parcel of
land consisting of approximately 2.56 acres, having a frontage of
approximately 400 feet on the south side of Penhall Way, and further described
J,'~ as 1776 West Penhall Way; and does hereby approve the Negative Declaration
from the requiremer~t to prepare an environmental impact report on the basis
that there woul.d be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since
' the Anaheim General Plan designates the subject property for general
~;'• industrial land uses commensurates aith the xo oe~L;
y~ ~~ p p that no sensitive
j;:~• environmental impacts are involved in the proposal; that the Initial Study
~~!~ submitted by the petitioner indicates no significant individual or cumulative
z adverse environmental impacts; and that the Negative Declaration
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~-' substantiating the foregoing findings is on file in the City of Anaheim
Planning Department.
NOSJ, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grarit subject Petition for Conditional Use Permit, upon
' the following conditions which are hereby found to be a necessary prerewisite
;j 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:
~=.~~ 1. That sidewalks shall be installed along Penhall Way as required by
~ the City Engineer and in accordance with standard plans and
';;~ specifications on file in the office of the City Engineer.
~`~` 2• That the owner(s) of subject property shall pay the traffic signal
;~ assessment fee (Ordinance No. 3896), ir. an amount as determined by
~ the City Council, for industrial buildings prior to the issuance of a
*~ building permit.
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'~ 3. That trash storage areas shall be provided in accordance with
approved plans on file with the Office of the Executive Director of
Public Works.
4. That plans shall be submitted te tne Building Division show~ng
j compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and
Fire Codes as adopted by the City of Anaheim. The appropriate
permits shall be obtained for any necessary work.
II ~ 5. That the applicant shall obtain all necessary approvals from the
Federal Aviation Aiiministration and Federal Communications Commission
prior to issuance of building permits for the tower.
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~ 6. That clearance lights shall be installed on the proposed microwave
, tower, as recommended by the Anaheim Police Depart~ent to assist
~ helicopters.
7• That subject property shall be developed substantially in accordance
'j with plans and specification~ on file with the City of Anaheim marked
' Exhibit Nos. 1 and 2.
'~- PCA3-20
8• That Condition No~. 1, 3, 4, 6 and 7, above-mentioned, shall be
complied with prior to final building and zoninq inspections.
9• That the builder/developer of the communications tower shall submit a
letter requesting termination of Conditional Use Permit No. 2402 (to
establish a similar tower at the northeast corner of Crescent Avenue
and Euclid Street) prior to issuance of building permits.
BE IT FURTHER RESOLVED that the Anaheim City Planning Comm{ssion does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance wi~h each and all of the conditions
hereinabove set forth. Should aay such conditions, er any L:art 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.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day
af January, 1983.
CHAI N ~
. ANAHEIM CITY P G COMMISSION
ATTEST:
SECRETARY ~ •
. 1~NAHEZM CITY PLAPINING COMMISSION
STATE OF CpI,IFORN2A j
COUNTY OF ORqNGE ) ss.
CITY OF ANpggIM )
I. Edith L. Harris, 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
24, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: cOUAS, BUSHORE, FRY, HERBST, ICING, LA CLAIRE
NOES: CD MC BURNEY
~SSIONERS: NONE
ABSENT: COMIKISSIONEltS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of
January, 1983.
SECR~TARY, p~p~iEIM ~ ~^ ~
CITY PLANNING COMM- Igg=~N
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PC83-20
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