Resolution-PC 98-132RESOLUTION NO. PC98-132
A RESOLU710N OF THE ANAHEIM CITY PLP.NNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4051 9E GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County oE Orange, State
of California, described as:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 211, PAGES 40 AND 41
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF TI-?E COUNTY
RECORJER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearinci at the Civic Center in
the City of Anaheim on August 17, 1998, at 1:30 p.m., notice of said public hearing having bean duly given
as required by law and in accordance with the provisions of the Anaheim Municip~~l 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 ancl 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 propesed use is properly one for which a.conditional use permit is
authorized by Anaheim Municipal Code Section 18.61.050.460 to permit a 10,644 sq. ft., 2-story
expansion to an existing 13,165 sq. ft. telecommunication switching station and to construct a maximum
65-foot high roof-mounted telecommunication tower to replace the existing 125-foot high
telecommunications tower (ta be demo(ished) with waiver of the following:
Sections 18.06.050.031 - 1Ainimum number oF pa~kinq soaces.
18.06.080 40 s aces required; ~~s as 26 saaces proposed and
and 18.61.066.050 concurred with by the City Traffic and Transportation Manager)
2. That the parking waiver will not cause fewer off-street parking spaces to be provided
for the approved use than the number of such spaces necessary to accommodate all v~hicles attributable
fo such use under the normal and reasonably foreseeable conditions of operation of such use.
3. That the waiver, under the conditions imposed, will not increase the demand and
compe!ition for parking spaces upon the public streets in the immediate vicinity of the proposal because
the parking study has determined that sufficient parking is provided on-site.
A. That the waiver, under the conditions imposed, will nut increase the demand and
competition for parking spaces upon adjacent private property in the immediate viciniry of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code) because the parking study has determined that su~cient parking
is provided on-site.
5. That the waiver, under the conditions imposed, will not increase tra~c congestion
within the off-street parking areas or lots provided for such use because sufficient on-site parking is
provided.
CR3402PL.DOC -1- PC98-132
CORRECTED 5-31-88
6. That the waiver, under the conditions imposed, wili not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That granting of this parking waiver is contingent upon operation of the approved use
in conformance with the assumptions relating to the operation and intensity of the use as contained in the
parking demand study that formed the basis for approval of said waiver; and that exceeding, violating,
intensifying or otherwise deviating from any of said assumptions as contained in the parking demand
study shall be deemed a vioiation of the express conditions imposed upon said waiver which shail subject
said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092
of the Anaheim Municipal Code.
8. That lhe proposed expansion will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located because, as proposed and
conditioned, the proposal will improve the aesthetics of the property and decrease the visual impact of the
existing ielecommunications lattice tower.
9. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
heaith, safety and g2neral welfare.
10. That the tra~c generated by the proposed use wili not impose an undue burden
upon the streets and highways designed and improved io carry traffic in the area, as substantiated by the
parking study submitted by the petitioner.
11. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and ~eneral welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 10,644 sq, ft., 2-story expansion to an
existing 13,165 sq. ft. telecommunication switching station and to construct a maximum 65-foot high roof-
mounted telecommunications tower to replace the existing 125-foot high telecommunications tower (to be
demolished) with waiver of minimum number of parking spaces on a 1.03 acre pzrcel, having frontage of
160 feet on the south side of Penhali Way, a maximum depth oF 28U feet, and being located 670 feet east
of the centerline of Cresceht Way (1750 West Penhall Way - Sprint Switching Station); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgement of
the lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the ir,,,,al study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby four~i to be a necessary prerequisite 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 this conditional use permit shall expire five (5) years from the date oF this resolution, on August
17, 2003.
2. That the Iattice tower shall be limited to oi~e (1), maximum six (6) foot wide, dish-type antenna. No
additional equipment shall be perrriitted without Planning Com~ission approval.
3. That no signage, flags, banners or any oths~ form of advertising shall be attached to the proposed
roof-mounted lattice tower.
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4. That the lattice tower shall be painted to blend with, and match, the surrounding structures and sky.
5. That lhe height of the lattice tower shall not exceed the height of the attached sateliite dish-typ?
antenna. If the safellite dish-type antenna is lowered, the lattice tower shall be reduced (remov~.u)
to correspond with the height of the antenna.
6. Thai the chain link fence at the south property line and surrounding the parkin~ areas in front of the
building (adjacent to Penhall Way) shal! be interwoven with P.V.C. or redwood slats and shall be
planted with rapid growing ciinging vines (minimum one (1) gallon in size) planted on maximum
three (3) foot centers.
7. That gates shall not be instatled across any driveway or private street in a manner which may
adversely affect vehicular traffic on the adjacent public str?ets. Installation of any gates shall
conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of
the City Traffic and Transportation Manager prior to issuance of a building permit.
8. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the current vers;ons of Engineering Standard Detail Plan Nos.
436 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
9. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
10. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Seid turn-around area shall be specifically shown on plans submitted for
building permits.
11. That the lega~ owner of subject property shail provide the City of Anaheim with a public utilities
(electrical) easement. The width of the easement will be determined when electrical design is
completed.
12. That trash storage areas shail be provided and maintained in a location acceptable to the Public
Works Depanment, S2reets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not t~ be
readily identifiable from adjacent streets or highways. The wails of the storac~e areas shail b~
protected from graffiti opportunities by the use of plants such as clinging vines or tall shrubbery.
Said information shall be specifically shown on the p!ans submitted for Public Works Department,
Streets and Sanitation Division, approval.
13. A plan sheet for solid waste storage, collection, and a plan for recycling shell be submitted to the
Public Works Department and shall show compliance with specifications on file with said
department.
14. That the subject property shall be developed substantially in accordance with the plar,; and
specification submitted to the Ciry 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.
15. That prior to issuanre of a building permit or within a per(od of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 7, 8, 10, 11, 12, 13 and 19, herein mentioned,
shall be complied ~vith. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheirn Municipal Code.
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16. That prior to final building and zoning inspections, Condition Nos. 4, 6, 14 and 1 B, herein mentioned,
shall be compiied with.
17. 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
reguiations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other aoplicable ordinance, regulation or requirement.
18. That the existing laltice tcwer shall be removed upon activation of the equipment on the new tower.
19. That plans showing the final design of the sixty five (65) foot high telecommunications tower shall be
submitted to the Zoning Division of the Planning Department for review and approva! by the
Planning Commission as a"Reports and Recommendations" item.
20. That subject facility shall be limited to a maximum of twenty (20) empbyees.
21. That within a period of thirty (30) days of the dat~ of this resolution, a permit shall be obtained from
the Building Division to allow the axisting construction trailer. _
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon app(icanYs compliance
with each and all of the conditions hereinabove set forth. Should any sur,~h condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court oi competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed li arn~ void.
9 THE rOREGOING RESOLUTION wa~opt at the FI~ ~n Corfimission meeting of
Au ust 18, 1998. ~ ~ 1 j(
~nHircwwry ,x~Nqhr.im~c:i i Y PLANNING COMMISSION
ATTEST: U
~~1
SECR ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHE:M )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereb,y
certify that the foregoing reso~ution was passed and adopted at a meeting of the Anaheim City nlanning
Commission held on August 17, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAPAS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: ONE SEAT VACANT
IN WITNESS WHEREOP, I have hereunto set my hand this ~I~~ day of `~'~~ ,
1998.
~O v
SECRET Y, ANAHEIM CI"iY PLANNING COMMISSION
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