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Resolution-PC 2000-4• • RESOLUTION NO. PC2000-4 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4172 BE GRANTED, IN PART 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 1: THE NORTH 330.00 FEET OF THE SOUTH 990.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 217.00 FEET OF THE WEST 233.00 FEET THEREOF. PARCEL 2: THE NORTH 109.00 FEET OF THE SOUTH 217.00 FEET OF THE NORTH 330.00 FEET OF THE SOUTH 990.00 FEET OF THE WEST 233.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 3, 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 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 p~operly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.21.05A.125 to permit a telecommunications antenna within a 70 foot high reconstructed church steeple, including a cross, with waiver of the following: Sections 18.05.064.055 - Prohibited siqns. and 18.21.067 (Roof-mounted advertisina prohibited; steeple-mounted cross proposed) 2. That the requested waiver, prohibited signs, is hereby denied on the basis that the Planning Commission determined that a cross on a church steeple is a religious icon that is an integral architectural feature of the church and is not a sign; and that the waiver is, therefore, unnecessary. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. CR3856PK.DOC -1- PC2000-4 • ~ U 4. That the size and shape of the site for the proposed use is adequate to allow 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 ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a telecommunications antenna within a 70 foot high reconstructed church steeple, including a cross, with waiver of prohibited signs on an irregularly shaped 4.38-acre property having a frontage of 222 feet on the east side of Sunkist Street, a maximum depth of 636 feet, being located 130 feet south of the centerline of Ames Avenue, and further described as 900 South Sunkist Street (Seventh Day Adventist Church); 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, in part, upon the following conditions which are hereby found to be a necessary prereqWisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the steeple and cross structure Shall have an exterior finish and color which is compatible to the existing building upon which it will be placed. Said information shall be specifically shown on the plans submitted for Zoning Divisian approval and building permits. 2. That the maximum height of the steeple and cross shall not exceed seventy (70) feet. Said information shall be specifically shown on the plans submitted for Zoning Division approval and building permits. 3. That the block wall enclosure for the ground-mounted equipment shall be textured and painted to match the existing building; and that landscaping consisting of either minimum one (1) gallon sized clinging vines or minimum five (5) galBon sized fast growing shrubbery shall be planted on maximum three (3) foot centers to screen the e~rterior surfaces and to prevent graffiti opportunities. Said information shall be specifically shown on the plans submitted for Zoning Division approval and building permits. 4. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 5. That any existing underground electrical conduits, cables or other similar facilities that may need to be relocated as a result of this project shall be relocated at the developer's expense. 6. That the petitioner shall submit any proposed lighting of the steeple and/or cross to the Planning Department for review and approval by the Planning Commission as a"Reports and Recommendations" item. CR3856PK.DOC -2- PC2000-4 • • 7. That this property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by t~e petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, as conditioned herein. 8. That prior to commencement of the a~tivity herein approved, or 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. 1, 2, 3 and 4, above-rnentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. That prior to final building and zoning inspections, Condition No. 7, above-mentioned, shall be complied with. 10. 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 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 RESOLUTION was adopted at the Planning Commission meeting of January 3, 2000. ,~~ ~~'.L~ CHAIRP RSON, ANAHEIM CIT PLANNING COMMISSION ATTEST: ~~ ~ SECRE ARY, AHEIM 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 January 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBIL7 NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this __4L- day of , 2000. ~~dZ~.~c' ' SECRETARY, AHEIM CITY PLANNING COMMISSION CR3856PK. DOC -3- PC2000-4