Resolution-PC 2011-036RESOLUTION NO. PC2011 -036
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 3 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05546
(DEV2011- 00005)
(1765 WEST CERRITOS AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit
No. 2011 -05546 to construct a 60 -foot tall flag pole telecommunications facility on an existing
school property that exceeds the maximum height allowed by the code for certain real property
in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached
hereto and incorporated herein by this reference; and
WHEREAS, this 39.71 -acre property is developed with a high school (Loara High
School). The property is located in the Transitional zone and the Anaheim General Plan
designates the property for School land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 9, 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 to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Planning 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 with respect to the request to construct a 60 -foot tall flag pole
telecommunications facility on an existing school property should be approved for the following
reasons:
1. The proposed conditional use permit request to is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.38.060.050.0511
(Antennas - Telecommunications). A telecommunications facility designed as flag pole with a
height of 60 feet in the Transition (T) zone is properly one for which a conditional use permit is
authorized.
2. The height of the telecommunications facility would not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be
located because the facility would be located approximately 54 feet from Cerritos Avenue, 1,029
feet from Euclid Avenue and 242 feet from the residential buildings to the west.
3. Alternative locations and designs were considered by the applicant; however there
were no feasible locations to co- locate antenna facilities.
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4. The traffic generated by the proposed flag pole telecommunication facility will
not impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because the traffic generated by this use will not exceed the anticipated
volumes of traffic on the surrounding streets and there is adequate parking on -site to
accommodate the use.
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 because the
telecommunications facility is an unmanned facility and would not pose a health or safety risk to
the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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 -05546 and 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 permit is approved without limitations
on the hours of operation or 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.
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.
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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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION,rwas adopted at the Planning Commission
meeting of May 9, 2011.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, A ' EIM CITY PLANNING COMMISSION
S
SENIOR SECRETARY, ANAHEIM CITY P1 TNNING 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.
SENIOR SEdR TARY, ANAHEIM CITY PLANNING COMMISSION
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APNs:
128 -391 -01
128 -391 -08
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EXHIBIT "A"
DEV2011 -00005
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11996
PC2011 -036
1 The proposed flag pole telecommunication facility shall be Planning
limited to a maximum height of sixty feet. Said information
shall be specifically shown on plans submitted for building
permits.
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
3
GENERAL CONDITONS
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05546
(DEV2011- 00005)
2 The antennas and equipment cabling shall not be visible to Planning
public view. All equipment cabling shall be routed inside of
the structure and shall be underground. Said information
shall be specifically shown on plans submitted for building
permits.
Any required relocation of City electrical facilities shall be
at the property owner /developer's expense.
Public
Utilities
Electrical
4 That the flag proposed for the site shall be maintained in Code
good condition. In the event that a flag fades, rips, frays or Enforcement
otherwise deteriorates, it shall be replaced immediately by a
new flag. The size of the flag shall be in acceptable
proportion to the flagpole.
5 The property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit No. 1 (Site Plan),
Exhibit No. 2 (Enlarged Site Plan), Exhibit No. 3 and 4
(Architectural Elevations) and as conditioned herein.
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