Resolution-PC 99-220RESOLUTION NO. PC99-220
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 4165 BE GRANTED, IN PART,
FOR FIVE (5) YEARS UNT{L DECEMBER 6, 2004
WHEREAS, the Anaheim C'!y Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Califomia, described as:
THE SOUTHERLY 17~.00 FEET OF LOT 4 IN BLOCK 13 OF THE
SUBDIVIS~JN OF THE SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4
SOUTH, RANGE 10 WEST, S.B.B. AND M., AS PER MAP RECORDEQ IN
BOOK 1, PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planniny Commission did hold a publfc hearing at the Civic Center
in the Ciry of Anaheim on December 6, 1999 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 NiuniciNal 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 therewlth; 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 foliowing facts:
1. That the proposed use is properly one for which a. conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to permit telecommunication antennas on an existing
electrical transmission tower with waiver of the following:
Section 18.04.060.040 - Minimum landscaoe reauirements.
2. That the waiver is denied on the basis that it was determined not to be necessary
following public notification.
3. That the proposed use, as approved, wili not ar~ =rsely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be loca2ed.
4. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare.
5. That the tra~c generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffc in the area.
6. That granting of this conditional use permit, under the randitions imposed, will not be
detrimental to the peace, health, safety and general weifare of tlie citizens of the ~ity of Anahe(m.
7. That no one indicated their presence at the public hearing in oppositi~n to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALiTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit telecommunication antennas on an ex(sting
electrical transmission tower with waiver of minimum landscape requireme~ts on a 5.02-acre
ractangularly-shaped property located on the south side of Audre Orive between N(nth Street and Walnut
CR3829PK.DOC -1- PCA9-220
Street, having frontages of 175 feet on the east side of Ninth Street, 1,232 feet on the south side of Audre
Drive and 175 feet on the west side of Walnut Avenue, and further described as 1200-1400 West Audre
Drive, 1650 South Ninth Street and 1651 South Walnut Street (Southem Califomia Edison Easement);
and does hereby approve the Negative Declaration upon finding that the decl~ration reflects the
independent judgment of the iead agency and that it has considered the SJegative Declaration together
with any comments received during the public review process and further find~ng on the basis of the iniGai
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 Conditianal Use Permit, in part, upon the following conditions which
are hereby found to be a necess~ry prerequisite to the proposed use of the subject property in order to
preserve the safety and gene~al waifare of the Citizens of the City of Anaheim:
1. That subject use permit shall expire five (5} years from the date of this resolution, on December 6,
2004.
That a maximum of three (3) antenna arrays with four (4) antennas each may be located on the
existing tower and a maximum of one ;1) GPS-type antenna shall be located on the proposed
accessory ground-mounted equipment. The piacement of the two antenna arrays on the lattice
tower shall be limited to fifty six (56) feet fn height and the maximum height for one of the antenna
arrays shall be sixty fire (65) feet; and that the equipment, consisting of a total of seven (7)
equipment cabinets, shall be placed directly at the base of the tower, and surrounded by an eight
(S) foot high wrought iron fence. Said information shail be specifically shown on plans submitted for
City of Anaheim permits. No additional antennas or equipment cabinets shall be permitted without
the approval of the Planning Commission.
3. That the antennas shail be finished and painted to match the existing lattice tower structure. If the
finish or color of lhe lattice tower is modified, the antennas shall be modified accordingly. Safd
information shall be specifically shown on plans submitted for Ciry of Anaheim permits.
4. That final plans shali be submitted to the Zoning Division of the Planning Department specifying
existing and proposed fencing and landscaping for the areas adjacent to Walnut Street where the
accessory ground-mounted equipment and GPS-type antenna may be visible. Said plans shall
include adeq~ate fencing and landscaping to thoroughly screen the proposed equfpment location
and shall be submifted to the Zoning Divisfon fcr review and approval by the Planning Commfssion
as a"Reports and Recommendations" item. This information shail be specifically shown on plans
submitted for City of Anaheim permits.
5. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined as the eiectrical design is completed. Safd easement shall be
submitted to the City of Anaheim prior to connection of electrical service.
6. That any required relocation of City of Anaheim etectrical facilities shali be at the developers
expense.
7. That no signage, flags, banners and/or any other form of advertising shali be attached to the
antennas or the transmission tower structure.
8. That subJect property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Plann!ng
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
9. That prior commencement of the activity herein approved, or prior to issuance of a Ciry of Anaheim
permit, or withfn a period of one (1) year from the date of this resolution, whichever occurs frst,
Condition Nos. 2, 3 and 4, above-mentioned, shall be compliad with.
-2- PC99-?20
10. That prior to final ~uilding and zoning inspections, Condition Nos. 5 and 8, above-mentioned, shall
be complied with. ~
11. That ap~roval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and
Federal regulations: Approval does not include any action or findings as to compliance or app; oval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and dstermine that adoption of this Resolution is expressly predicated upon applicanYs compiiance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be dec(ared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed nuli a d void. '
THE FOREGOING RESOLUTfON as a opted e I nn' g Commission meeting of
December 6, 1999.
•i
~, ~ ~l' ~"
CHAIRPER ON aOTEM ORE,
ANAHEIM CITY PLANNING COMMISSION
ATfEST:
K~ '
SECRE ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNN OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 6, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS, BOYDSTUN
IN WITNESS WHEREOF, i have hereunto set my hand this ~~ da of
, 2000. y.
ar'~!~ '~~.~
ECRE ~ Y, ANAHEIM CITY PLANNING COMMISSION