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Resolution-PC 2012-021RESOLUTION NO. PC2012 -021 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 -05577 (DEV2011- 00113) (190 SOUTH FAIRMONT BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05577 to construct a 47 -foot high stealth telecommunications facility designed as a cross 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 O -L (SC) (Low Intensity Office; Scenic Corridor Overlay) zone and the Anaheim General Plan designates the property for Institutional land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 2012, 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 47 -foot high 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 within a landscaped yard area of the church property and will be screened by an existing row of mature trees along Fairmont Boulevard. 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. - 1 - PC2012 -021. 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 a lower tower height would not 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 colocation 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 which is compatible with the character of the church property and the surrounding neighborhood. 9. This telecommunications structure and equipment enclosure has been sited as to minimize any potential noise and aesthetic impacts on surrounding properties. 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 -05577 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. - 2 - PC2012 -021 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 9, 2012. ATTEST: 12R ty CHAIRMAN PRO TEMPORE, ANAHEII CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -021 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 April 9, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 9` day of April 2012. SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2012 -021 EXHIBIT "A" DEV NO. 2011 -00113 1 E1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 5 PC2012 -021 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The proposed telecommunications antenna shall be limited to a maximum of forty seven (47) feet in height. Said information shall be specifically shown on plans submitted for building permits. Planning 2 The cellular 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. Planning GENERAL 3 Illumination of the freestanding antenna structure shall not be permitted. Planning 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- 17, and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05577 (DEV2011- 00113) 6 PC2012 -021