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Resolution-PC 96-62~ ~. RcSULUTION NO. PG9~~2 A RESO~UTION OF THE ANAF~EIM CITY PLANNING COPdMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3655 6E GRl=NTED, IN P{WT WHEFiEAS, the Anaheim Ctty Planning Cammisslon dki receNe a veriiied P~titlo~ for Condit;on.4 Use Perrnit for ceRafn rsal propercy sicuated in tlie C!ty of Anaheim, Caunty ot Orange, State of Calffornia, described as: PARCEL C, AS SHOWN ON A MAP F~LED IN BOOK t50, ?i+GES 5 AND 6 rJF PARCEL MAPS, IN THE OFFICE OF THE CCUNTY RECORDER ~JF OHANGE COU~JTY. CAL1FORh?A. WHEREA~, the Ciry Planntng Conm-rsion dld hdd a pubiic hear~ng at the Civic Center irt tha Ciry of Anahelm on July 6, 1996 at 1:30 P•m., notice of said public hearing having bean duly £iven as required by law arxi In ac~;ordance with the provisbns cf the An~heim Municipai ~Code, Chapter 18.03, to hear and consider evidence for and agalnst said proposed corxiRiona! u~e porrnit and to Investfgate and make flrxlings and recon:me~lattons In connection therewfth; and W~NERE~S, sakJ Commission, :~ftu, due ir~spection, Irrvestigation an~.i study made by Pwelf and in fts behalf, and after due consideratfo+i of all svidencb and reports offered at said hea~ing, doos Md and determine the tollowiRg fsrts: 1. 'i'hat the propc~:ied use Is prope~i~ ono for which a ccndftional use pertnit ~s authorized by Anaheim Municlpal Code ~ection~ 18.6t.050.070 and 18•61.050.t45 to p9rmft wirelASS communications device saies (induding, but nof Iimfted to, ceilul~r teleph~nes, beepers, 2-waY radios, and fax machines) wfth sen~lce and sales of related sccessories and parts, and automothe tnstailatlon !n the ML Zane, wfth waive~s of the fdlowing: (a) ~ecci~ns ~s.os.ose - ?~~"~~.-~-.~fa~• ,p~18.61.G67 (N~arqueA [change€ble capy] signs _ngt oermitte~ In ML Zonb~ Qns, 1 sQ.it, maraugg slan propo~ed) (b) ,~..~ 18 0° 018 05 09~ - ~-xim ~m rmmad helaht an. ~.~.~ 2. Tlv~t there are spdcial circum~tances appi~cable to the property consispng of fts locailon and sunoundings, which d~ not gpply to other kien!iceNY zoned propertles In the vicinity, because this marquee sign cunent}y extbws on the pe'Jtfoner's psoperty and the tr~slness is being torced to move by Celttans in connection wkh the I-5/Santa Ana hreeway widaning ~roJect; 3. 1 hat sMct ap~licatfon of th9 Zoning Code dep~lves the property of pri~rilQges enJoyed by other propert(es under lderttical zonbig dasstficatlon In the vicinfty; 4. That w2lver (b) ia hereby denied o~ tho basis th~t the petftioner submitteti a revised plan fdlowing publia notiflcatfan spectfylnq that the mruimum sign height wouid be 38 feet, as permittod by Code at the locatbn shown on the epproved exh(bits; CR2688DM.WP -1- PC96-62 ~, ~ 5. That the proposed use will not adv~rsely affect the adjoining Iand uses arxi the grrn:~h and devr~~pment of the area in which R is proposed to be located; 6. That :t+e size and shape of ihe sfte for the proposed use ts adeQuate to allow the full dzvelopmeM trf the proposed use in a manner not detrimental to the partiaular area nor to the peace, heaith, safety ar•s~ general weafac~ becauso the subject property both extstfng and as rr~odHied ny the I-5 Freeway wideNnq project, is adequate to ma3main the proposed use:s and w~l not fmpose an undue burJen upon the streets anci highvvAys designed and Emproved to carry the t!aHic in the area; and that su~ject property is not only adequate for the proposed uses but also for a tuture industrial tenant in the vacarrt EiorUon ~f the buAding; 7. Th~t tha tratflc generated by ihe proposed use wUl not (mpose an undue burden upcn the ~traets and htghways designed arxi improved to ~arry the traffic in the area; 8. That the grarrilnp of the condttlonal use permit, undsr the condRions imposed, will not be detrimeMal ta the peace, hea~th, safety and general welfare of the cftizens of the Ciry of Anaheim; and 9. That uno pa-son ~nd~ated their presence at sald pu~lic h~ea~ing in oppasRion; and that no corrflspondonce w~s receNed fn opposftlon to the subJect petkion. ,~AUFQRNIA ~NViRONMENTA~ ~UAUTY ACT FINDING: Tt~,t the Anaheim Ciry Plannfng Commission tous revie•xed tho p.ropo:~ai to permit wireie~s communicatlon sales (including, but not limfted to, cellular tele~hones, beepers, 2-wc~y radios, and fax machines), wfth servic~ and sales of related accessories +and parts, arxi automotNe instatlatlon in the ML Zone wrth waivers of (a) permftted tyPe of sign and (by maximurn sign heiyht m an Irregulariy shaped paroel of land consisting uf approximately 2.~14 acres located a*. tha northwest camer of Sarria Cruz Street and StanfoM Cou-c, havtng frontages of approxlrr~atd~ 411 feee an the west slde of Sa;~ta Cnu Street and 179 teet 4n the nortfi side ~ ~tar~ford Court, arxi further described as 1985 South Sartta Cniz Stresi; and tloes heraby approve the Negatfve Oederation upon flnding tlwt the deciarat(on reflects the IndependeM judgement of the lead agency and thar ft has considored the Nagetive Dedlaratlon together wtch any comments receNed during the pub:ic review process and further kinding on the basis of the inhird study arxl any comments recehred that there ~s no siibstant{ai evidence that the proJect wUl have e~ignfficant effect s~n the ernironment. NOW, THEREFORE, 8E lT RESOLVED that the Maheim Ciry Planning Commissidn does hereby g~M, in pun, subJect Petition fnr Conditional Use ?ermit, upon the fdlowing condftion i Worde ato hereh; found to be a necessary prerequlsfte to the proposed use of the subject proper!y preserve the safety and general welta,~e oi the Cftizens ot :he Ciry of Anaheim: 1, That the fnsteilation/service of mobNe units (wireles~s commun~etions devices such as cellular telephones, beepors, 2-way radios and faY machines) slhall take place whdly inside the buNding. 2. That eny prcposod roof-mcwntPd equiprneM shall be completely s~reened from vlew, mc~uiing the view from the reconst:vcted above-grasie 1-5/Santa Ana ~reeway. 3. Th~t a temporary sfdewalk shali be cunstR-*ted wlthin the publ{c right-ol-way adjacent to th~ luture Anaheim Way. The design of ehe sidewalk sV~ali sneet a~l ADA req'~tremoMs and shall be subject to review and epproval by the Pi~blic Works Department, DevelopmeM Sarvir.es DNrisbn. 4. That ~he propused 'Sig~ F' be installed only over that portion d the buNding which wfi! be occupied by subJect tenant 5. That subJect property shall be developed subscarrtiaUy in accordance with piana and specHicatbns submflted to the Ciry of Mahelm by the peUtloner and which plans are on fNe with the Pianning Departmem marked Exhibit Nos. 1 through 8; including compliar~e wkh Condition No. 4, abo+re. .2_ PC96~2 , ,~ 6. That the flrst three (3) mature trees adJacent to each of the building comers along the westem buildfng elevatlon shali be presenred and the wall signs on said elevatinn sF~all be mod~led to compress them so that said signs fic between those trees., Th(s landscaping and signage shall be preserved until Ca~trans' improveme~~: µans are completed. At the time the Ca~trans plans are Planntng~Depart ie~nt for r~e~v a~appraval by~theBPian ng Commissionnas a Reports and Recommendations' item. 7 cellu ar~phone bus ness occup es this site~ T~he ign shall be removed at such~time as said spec~ic businoss ceases to exist. 8. TFu3t prior to the commencement of tha actNity authorized by this resdution, or within a period of . one (1) year ftom the date of this resducio~, whichever occurs tirst, Condit~on Nos. 2, 3, 4, 5 ar~d 6, mayv be grantod in accordance w~ Section 8 03i090 of the Anaheim Mun cipal tCode. condftions 9. That approval of this epplfcation constitutes appr~oval of the praposed request oniy to the, extent that k complies wfth the Areaheim Municipal Zoning Code and any other appl(cable City, State and Federal re~ulatlons. Approval does not Include any action or flndings as to ccmpliance or epproval of the re4luest regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Cicy Planriing Commission does heroby find and determine that adoptian of thls Resolution is expressly predicated upon applicanYs compliance wfth each and atl of the conditians herefnabove set forth. Should any such condition, or any part thereaf, be declared invalid or unen`ovals he eintcontalned, sliallnbe deemed null and ~~tent jurfsdictlon, then this Resolution, and any aPP THE FOREGOING RESfJLUTION was adoptod at the Planning Commtsslon meeting of July 8, 1996. ~%a"""'~ - CHAIRMAN, PR TEMPORE ANAHEIM CITY LANNING COMMISSIOM ATfEST: ~~ SECRETARY, EIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI7Y OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City PlanNng Commission, do hereby certify' that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commiss(on held on July 8,.1996, by the following vote of the members thereof: . AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESS~, PERAZA ' NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS.WHEREOF, I have hereunto set my hand th(s ~~ day of ~ 1996. . ; -_ -_ -_ SECRETARY, NAHEIM CITY PLANNING COMMISSION ~- PG'S6f2