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Resolution-PC 2000-120~ RESOLUTION NO. PC2000-120 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIQNAL USE PERMIT NO. 2000-04233 BE GRANTED FOR A PERIOD OF 5 Y~ARS TO EXPIRE ON NOVEMBER 6, 2005 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 OF PARCEL MAP NO. 90-161, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 260, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2000 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; and that the hearing was continued from the meetings of July 17, August 14, September 11 and October 23, 2000; 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.110.080.050.0510 to retain an existing legal nonconforming freestanding telecommunication monopole and to construct and co-locate an additional telecommunication antenna facility on the existing legal non-conforming telecommunication monopole with accessory roof-mounted equipment. 2. That the proposal is located in Development Area 3(La Palma Core Area) of the Northeast Area Specific Plan No. 94-1. 3. That the proposed use, as conditioned herein, will not adversely affect 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 the proposed use, as conditioned herein, 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 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. 6. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition 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 retain an existing legal nonconforming freestanding telecommunication monopole and to construct and co-locate an additional telecommunication antenna facility on the existing legal non-conforming telecommunication monopole with accessory roof-mounted CR4932PK.doc -1- PC2000-120 . ~ equipment on an irregularly shaped 2.79-acre parcel located approximately 700 feet south of the centerline of La Palma Avenue and 1,240 feet east of the centerline of Shepard Street, having 252 feet of frontage on the north side of the Riverside (SR 91) Freeway and a maximum depth of 524 feet, and further described as 3364 East La Palma Avenue (Concourse Bowling Alley); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial 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 Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of #he Citizens of the City of Anaheim: That the co-location portion of the proposal shall be permitted for a period of five (5) years, to expire on November 6, 2005. 2. (a) That a maximum of three (3) antenna arrays with two (2), six-foot (6') high by eight-inch (8") wide, panel type antennas shall be located on the existing monopole, with one (1) GPS antenna attached to the accesSory roof mounted equipment; and (b) That the overall height of the antennas on the new arrays shall not exceed forty eight (48) feet; and (c) That the individual four-foot four-inch (4', 4") long monopole arrays shall extend no further than one foot, six inches (1', 6") from the existing pole, and that no additional or replacement antennas shall be permitted without Planning Commission approval; and (d) That the above-information shall be specifically shown on the plans submitted for building permits. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to the monopole structure or the antennas. 4. (a) That the equipment enclosure screen shall be painted and finished to match the existing building; and (b) That the new antenna arrays, panel antennas and any attachment equipment shall be painted to match the existing monopole and antennas; and (c) That the above-information shall be specifically shown on the plans submitted for building permits. That any roof-mounted equipment shall be completely screened from view in all directions by design elements of the building. Said screening shall be specified on the plans submitted for building permits. That the lease area for the telecommunications antenna (as shown on Revision No. 2 of Exhibit No. 1) shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. That the trash storage areas shall be refurbished to include gates in compliance with City standards, to the satisfaction of the Streets and Sanitation Division of the Public Works Department and to comply with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. -2- PC2000-120 • • 8. That prior to completion of the electrical design, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement for the lease area for the telecommunications antenna (as shown on Revision No. 2 of Exhibit No. 1). 9. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit Nos. 1 through 5, and as conditioned herein. 10. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 7 and 8, above-mentioned, shall be complied with. Exten"sions for further time to complete said conditions may be granted in accordance with Section 18.03.090 o~f the Anaheim Municipal Code. 11. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be complied with. 12. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code an 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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. THE FOREGOING RESOLU~TION was adopted t the Planni g Commission meeting of November 6, 2000. /~„ /~ CHAIRPERS ATTEST: ~~ SE RETA , ANAHEIM CITY PLANNING COMMISSION M CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 November 6, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of , 2000. . .~>10~X.0 SE TARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2000-120