Resolution-PC 98-79RESOLUTION NO PC98-79
A RESOI~UTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL
ADOPTED IN CONNECTION WITH RESOLUTION NO. 93R-39
TO REINSTATE CONDITIONAL USE PERMIT NO. 3571
WHEREAS, on March 2, 1993, the City Council adopted Resolution No. 93R-39 to grant
Conditional Use Permit No. 3571 and permit a 75-foot high cellular talephone tower and unmanned
equipment building with waiver of required setback abutting a residentiai zone at 1527 East Broadway for
a period of five (5) years; and
WHEREAS, Condition No. 10 of said resolution reads:
10. That this use permit shall be psrmitted for a period of five (5) years until March 2, 1998;
provided; however, that zxtensions of time may be granted by the Planning Commission
at a noticed public hearing and following a written request by the petitioner. In connection
with the request, the petitioner shall submit information about improved technology
regarding the cellular telephone tower and attached equipment (i.e. , appearance, size,
etc.). The Planning Commission may, in connection with approving a time extension
require that subject cellular telephone tower and/or the attached equipment be modified
and/or replaced if the visual and/or other impacts of the tower can be reduced or
otherwise improved. The decision of the Planning Commission shall be subject to appeai
to, or review by, ihe City Councii in the manner set forth in Chapter 18.03 of lhe Anaheim
Municipal Code.
WHEREAS, the underiying property is deveioped with a 75-foot high cellular telephone
tower and 360 sq. ft, unmanned equipment building in the CL (Commercial, Limited) Zone; and that the
property is designated for Neighborhood Park Site land uses by the Anaheim General Plan; and
WHEREAS, the Anaheim City Planning Commission did receive a verified request to
amend or delete Condition No. 10, pertaining to a time limitation, to reinstate this Conditional Use Fermit;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 11, 1998 at 1:30 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 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.
WFiEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of al! evidence and reports offered at said hearing, does find
and determine the following facts:
1. That this request, to reinstate Conditional U~se Permit No. 3571, is authorized by Section 18.03.093 of
the Anaheim Municipal Code, which permits modification or deletion of conditions of approval pertaining to
time limitatiuns, to retain a 75-foot high cellul~r telephone tower and 360 sq. ft. unmanned equipment
building with waiver of the following:
Section 18.44.063 040 - P,eauired setback abutting a residential zone,
(20 feet required; 10 feet proposed)
CR3285PL.DOC -1- PC98-79
2. That this conditional use is properly one for which a conditional use permit is authorized by the
Zoning Code.
3. That the conditionai use has not adversely affected the adjoining land uses and the growth and
development of the area in which it is located.
4. That the size and shape of the site for this use is adequate to allow full development of the use in a
manner not detrimental to the particular area nor to the peace, health, safery and general welfare.
5. That the traffic generated by the use has not imposed an undue burden upon !he streets and
highways designed and improved to carry the traffic in the area.
6, That reinstating this conditional use permit, under the conditions imposed, will not be detrimental to
the peace, health, safety and generai welfare of the citizens of the City of Anaheim.
7. That facts necessary to support each and every required showing for the issuance of this entitlement
as set forth in Chapter 18.03 exist.
8. That this use permit is being er.ercised in substantially the same manner and in conformance with all
conditions and stipuiations originally approved by the approval body.
9. 7hat this use permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, heaith and safety and generai welfare.
10. That one person spoke at the public hearing in opposition; and that no correspondence was
received in oppositian to the this request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with this Conditional Use Permit No. 3571 is adequate to serve as the
required environmen!al documentation in connection with this request upon finding that the declaration
reilects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initiai study and any comments received that there is no substantial evidence
that the proposal will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. 93R-39, adop:ed in connection with Conditional Use Permit No. 3571,
as follows:
(a) Amending Condition No. 10 to read:
10. That this permit shall be permitted for a perfod of two (2) years until March 2, 2000; provided;
however that extensions of time may be granted by the Planning Commission at a noticed
public hearing and following a written request by the petitioner. In connection with the request,
the petitioner shall submit information about improved technolo~y regarding the celiular
telephone tower and attached equipment (i.e., appearance, size, etc.). The Planning
Commission may, in connection with approving a time extension, require that subject cellular
telephone tawer and/or thr; attached equipment be modified and/or replaced if the visual and/or
other impacts of ihe tower can be reduced or otherwise improved. The decision of the Planning
Commission shail be subject to appeal to, or review by, the City Council in the manner set forth
in Chapter 18.03 of the Anaheim Municipal Code,
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(b) Adding the following condition:
12. That, within a period of sixty (80) days from the date of this resolution, the existing monopole
shall be repeinted gray in color.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Res~lution is expressly predicated upon applicanPs compiiance
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 11, 1998.
C' ~9 lc'•Lr. ~--E~~~~ T~~
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~1~~~ S~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
SYATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Cfty Planning Commission, cSri hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 11, 1ggg, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSNVICK, BRISTOL, HENNINGER, NAPOLES , PERAZA
NOES: COMMISSIONERS:NONE
ABSENT: COMINISSIONERS: BOYDSTUN
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this o~7~' day of_rn~_,
1998.
__._~/ll~~~rnct~t.. ~~n,~.o~
SECRETARY, ~NAHEIM CITY PLANNING COMMISSION
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