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Resolution-PC 96-63~ RESOLUTION N0. PC96~ A AESOLUTION OF THE AtvAHElh1 CITY PIANNING COMMISSION TIHAT PETRION FOR CONDITIONAL USE PERMIT NO. 3853 BE GRA~TED ' 1NHEREAS, the Anahe~m CltY F~anning Commisslon did recaNe a veriNNed P~tition for ~onditi~nai U~e NeRnft for certai~ real properry situated ir~ the City of Anahe(m, County of Orange, Siate of CaUfomla, described as: ~ARCEL 1: THE S~JUTHERLY 284.00 FEET OF THE WESTERLY 163.00 FEET OF THE EAST 10 ACRES OF THE WEST HALF OF THE SOUTH~AST QUART~R OF THE 50UTFIWEST QUARTER OF SECTION 6, TC~WNSFlIP 4 SOU~'H, RANGE 10 WEST, IN THE RANCliO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE (S)10, OF t~AISC~LLANEOUS MAPS, IN THE OFFlCE OF THE COUNTY RECORDER OF,SAID COUNTY. AVENUE! AS SAID lA POALMA A!/ENUE EXIOSTED ON FEBRUAHYI27~ 9B4.A~ WHEREAS, the City Planntng Commission did hdcl a publfc hearfng at the Cfvic Center in the Ciry of Anaheim on July S, 1996 at 1:30 p.m., notica of sa!d pu[~Iic hearfng having bee~p~e' g8 03, to required by law and in accordance wfth the provis(ons of the Anaheim Munfc(p~l Code, hear and consider evidence for and against said proposed conditional use permft and to Invsstigate and make flndings and recommendations in connection therewfth; and WHEREAS, said Cummission, aftar due inspection, Im~estigation and study m~de by ftself and In its behaK, and after due considera~lon of all evkJence and reports offered at said hearing, does flnd and determfne the fdlowing facts: 1. That the proposed use is properly one for which a condit~onal use peRnR is authorized by Anaheim Municipal Code Sectfon 18.61.050.460 tu Permit additional antennas on an exisiing monopole communicatlon antenna. 21re a otval of a` ond~ittonal u e~permn forbcolnstruction of cwnmunications~statons and whfch requ pp antennas; 3. That the proposed use wUl not adversely affed the adjoiNng land uses and the growth and developmert of the area in which it i~ proposed to bs located because the ackiftion of 3 antenna panels is very minor addiUon whlch bs Iiksly to go unnotlced by those who view the tovver, and that the monopole is focated across 1~ Palma Avenue, an arterial hfghway, approxlmately 31:i feet north af ths dosest restdential uses which are IQCated south of La Palma Avenue; 4. That the size and shape of the sfto for the proposed uss is r~dequate to allew the full deve~opment of the proposed use In a manner not doirimental to the partlcular are~~ nor to th~ pea~c `e,~t e s e safety and general welfare because the existing monopole tower Is on industrial prnperty _ and shape; -.--- 5. That the traffic generated by the proposed use wUl not impose an undue burden upon the streets and high~uays designed ~ind Improved to carry the tra~ic In the area; 6. Tliat the graMin9 of the cond~lonal use permit~ under the conditlor~s imposed, v+Ul not be detrimental to the peace, heanh, safety and general wafare of the ciUxens of the City o~ Anahe~m: and tha~t the helght of the aMenna arrays has been lowered to 60 feet ftom fts orig[nal 100 feet; and -1- PC:96-63 CR2689DM.WP 7, That no one indicated thefr presence at said public hearing in opposition; and that no coRespondence was receNed in opposhion to the subject petnion. ~A~ ~FORNIA ENVIRONMEMAL QUALITY ACT FIPIDING: That the Anaheim Cft,y Planning Commission has reviewed the proposal to permit addftional antern~as on an existing :nonopole communicatlon antenna on a reciangulariy shapeci parcei of land conststtng c~f approximately 0.96 acre having a frontage of apPi'oximately 165 feet on the north side of La Palma Avenue, having a~naximum depth of appro~mately 254 feet and being located approximately 820 feet west of the centerline of Gtibert Street, and further described as 2465 West la Palma Avenue; and does hereby approve the Negative Declaration upc~n flnding that the declaration reflects the independent judgement of the lead agency and that ft has consfdered the NegatNe Declaration together ~vith any comments recefved during the public revfew pracess and further finding c~ the basis of the inftlal study and any comments receNed that there fs na substantial evidence that the pro~sct wi~~ have a signiflcant effect an the environment: _, NOW, THEREFORE, BE IT RESCLVEn that the Anahelm City Planning Commfssion does hereby grar~t subject Petftion for Co~dftfona! Use Permit, upon the fdiowing condft~ order t~o p eserver the f o u n d t o be a necessary Prerequisite to the proposed use of the subject property ~safety and ~~neral weifare of the Cftizens of the Cicy of A na he im: t. That the helght of the existing commun6cat(on monopnle shall be reduced to a maximum height of sixty (60) feeL 2. That a maxi euac a hei M(of abdy (601 feetsas A ustrated on uExhibfts Nos. t and 2.~y ~ located on the mo~oPd 9 3. a~e~~~~e-~gray cdor ht{ch binennds I~MO tF-o u'rr uo ndi inp rnlpronm~ antennas shall be painted 4. That subJecc property shall be develoFed substantiafly In accordance with pians and specHications submittad to ~he Ctty of Anahe~m by the petftfoner and which plans are or. fUe wfth the Planning Deparcment marlced ExhibR Nos. 1 and 2• 5. That prior to flnal building and zoning insp~sctians or w{thln a perlod of one (1) year from the date of thls resolutlon, whlchever occurs flrst, Condftion Nos. 1, 2, 3 and 4, above-menticxiad, shal~ be complted wfth. Excensions for further time to comF~lete said condltions may be 9ranted In accardance wfth Section 18•03.090 of the Anahelm Mun~ipal C:ade• g, That approval of this application constftutes approval of the proposed request onlY to the ~xtent that it complles with the Anaheim Mun~ipal Zoning Code and any other appi~able City, State ond Federal regulatlons. Approvai doeg ~wt includa any action or flndings as to complt~nce or apprc~val of the request regardUg any other applicaWe ordinance~ regulatlon or ~equiremeM. BE iT FURTHER RESOLVED that the Anaheim Ciry Ptanning Commission does hereby flnd and determine that adoptfon of this Resolution Is expreasly predicated upon applicant's complian; e wfth each and ell of tha condftlons hereinabove set forth. Should any such condftion, or any part ther~uf, be declared invalld or unenforceable by the flnal JudgmeM of any couR of competent Jurisdiction, thon this Resolution, and any approvafs herefn coMained, shall be deemed null and voki. THE FOREGOING RESOLUTION was ad pt`~ ann,ing Commission meeting of July ti, 1996. .~~?+'~~ CHAIRMAN, PRO TE ORE ANAHEIM CITY PLANNING COMMISSION ATTEST: C ~`'~~ f1 f~1~( ) SECRETARY, EIM CITY PLANNING COMMISSION -2- PC96-~3 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ~ I, Margarl!.a Sddrio, S~cretary of the Anaheim Ciry Plannfng Wmmissio~, do hereby certffY tha.t the foregoing resoiution was passed and adaPted at a meeting of the Anaheim Ciry Planning Commtssfon held on July 8, 1996, by the iolidwing vote of the membe~s th9reof: AYES: COMMISSIONERS: BOSTWICK, BaYDSTUN, BRISTOI, HE~JNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: iNAYER IK WITNESS W4Er~EOF, I have hereunto set my F~and this ~~~day of _~~~~ 1996. SECRETARY, 4tJAMEIM CITY PLANNING COI~iMISSION ~- PC96~63