Resolution-PC 2011-035RESOLUTION NO. PC2011 -035
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2011 -05552
(DEV2011- 00022)
(800 SOUTH LEMON STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011 -05552 to construct a 60 -foot tall stealth
telecommunications facility on an existing church property for certain real property situated in
the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached
hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a church located in the RM -3
(Multiple - Family Residential) zone and the Anaheim General Plan designates the property for
Low Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 9, 2011, at 5:00 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 18.60, 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 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 following facts:
1. The request to construct a 60 -foot tall stealth telecommunications facility on an
existing church property is properly one for which a conditional use permit is authorized under
Code Section Nos. 18.06.030.040.0402 (Primary Uses, Commercial Zones) of the Anaheim
Municipal Code.
2. The proposed stealth telecommunications facility will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located because it
will be located at the rear of the church property and blend in with the added pine trees.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because this telecommunications facility will not
impact the development of the area.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because no traffic
will be generated by this unmanned telecommunications facility.
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5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the existing land
use will continue to be compatible with the surrounding area and the proposed
telecommunications facility is not a health or safety risk to the citizens of the City of Anaheim.
6. An alternative analysis was provided and staff has determined that the application
as approved would have a lesser impact on the aesthetics and welfare of the surrounding
community as compared to other alternatives and that the alternative existing tower is 27 feet in
height which is too low to meet the coverage objectives of this site.
7. Based on the evidence presented, the additional height above the maximum
building height for the applicable zone is reasonably necessary for collocation of facilities or for
the efficient operation of the proposed facility.
8. No negative impacts have been identified and this telecommunications facility
will be a stealth design and three additional trees will be planted to blend in with the surrounding
trees and landscape.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as
defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05552 subject to the
conditions of approval described in Exhibit `B" attached hereto and incorporated by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved
without limitations on the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
THE FOREGOING RESOLUTIIN was a
meeting of May 9, 2011.
ATTEST:
L/ Li
SENIOR SEd1ETARY, ANAHEIM CITY PLANNING COMMISSION
ed at the Planning Commission
CHAIRMAN, ANA EIM CITY PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 9, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of May 2011.
� 1
SENIOR SECT TARY, ANAHEIM CITY PLANNING COMMISSION
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APIA: 037 -071 -36
r,_
EXF H rr17 "A"
IDIEV2O11. 1 -00022
4
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11100
PC2011 -035
GENERAL
EXll. I
1T
IC.
99
CONDITIONAL USE PERMIT NO. 2011-05552
(DEV2011- 00022)
NO. CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 The proposed telecommunications antenna shall be
limited to a maximum of sixty (60) feet in height.
Said information shall be specifically shown on
plans submitted for building permits.
2 The antennas and equipment cabling shall not be
visible to public view. All equipment cabling shall
be routed inside of the structure and shall be
screened from view. Said information shall be
specifically shown on plans submitted for building
permits.
3 Any required relocation of City electrical facilities
shall be at the property owner /developer's expense.
4 The subject property shall be developed substantially
in accordance with plans submitted to the City of
Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1
(Site Plans) and 2 (Elevations) and as conditioned
herein.
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REVIEW
BY
Planning
Services
Planning
Services
Public
Utilities —
Electrical
Engineering
Planning
SIGNED
OFF I Y
PC2011 -035