Resolution-PC 2000-57~ ~
RESOLUTION NO. PC2000-57
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO ANfEND CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 99-220 ADOPTED IN CONNECTION WITH
MASTER CONDITIONAL USE PERMIT NO. 4165
WHEREAS, on December 6, 1999 the Planning Commission approved Resolution No.
PC99-220 to grant Conditional Use Permit No. 4165, in part, and permit telecommunication antennas on
an existing electrical transmission tower with waiver of minimum landscape requirements for a period of
five years (to expire on December 6, 2004); that the requested waiver was deleted; and that Condition
No. 4 of said resolution states:
4. That final plans shall be submitfed to the Zoning Division of the Planning
Department specifying existing and proposed fencing and landscaping for the
areas adjacent to Walnut Street where the accessory ground-mounted
equipment and GPS-type antenna may be visible. Said plans shall include
adequate fencing and landscaping to thoroughly screen the proposed
equipment location and shall be submitted to ~he Zoning Division for review
and approval by the Planning Commission as a"Reports and
Recommendations" item. ~his information shall be specifically shown on plans
submitted for City of Anaheim permits.
WHEREAS, this property is developed with Southern California Edison transmission towers
and a plant nursery; that the property is zoned RS-A-43,000 (Residential/Agricultural) and is designated
by the City of Anaheim General Plan Land Use Element for Medium Density Residential land uses; and
WHEREAS, the petitioner has requested an amendment to, or deletion of, the above-
mentioned Condition No. 4 pertaining to installing landscaping along Walnut Street in connection with the
previously-approved telecommunication antenna facility; that the applicanYs stated reasons for the
request include insufficient nexus, that the condition does not relate to screening of the proposed ground-
mounted equipment, and that the condition would be onerous to comply with because the area to be
landscaped consists of approximately 4,375 sq.ft. (25 feet by 175 feet) between the property line along
Walnut Street and the existing chain link fence; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 8, 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 againsk said proposed amendment 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 requested amendment or deletion of a condition of approval of Conditional Use
Permit No. 4165, pertaining to required fencing and landscaping for a previously-approved
telecommunication antenna facility, is authorized by Anaheim Municipal Code Section 18.03.092.060.
2. That the request is hereby d~nied on the basis that approval would adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed because the
Zoning Code requires outdoor uses to be screened from the view of any public right-of-way by means
such as fencing and landscaping; that installation of landscaping, as required, will visually distract
CR3951 PK.DOC -1- PC2000-57
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passing pedestrians and motorists from bo~h the ground-mounted equipment and tower-mounted
antennas; that this property is adjacent to the Disneyland and Anaheim Resorts which have been
developed with significantly enhanced landscape treatments within the public rights-of-ways and a lack of
adequate landscaping on this property will draw attention to this site and the equipment and antennas
located on it; and that adjacent and nearby zoning and land uses to the south and north are single- and
multiple-family residential.
3. That the requested modification or deletion is not necessary to protect the public peace,
health, safety or general welfare; and that retaining Condition No. 4 will serve to improve the aesthetic
condition of this property.
4. That the requested modification or deletion is not necessary to permit reasonable operation
under the conditional ~se permit as granted; and that installation of landscaping in the front portion of the
property will not affect operation of the ground-mounted equipment or the tower-mounted antennas.
5. That the landscaping improvement required by Condition No. 4 is roughly proportional to
the aesthetic impact the proposed telecommunication antennas and ground-mounted equipment will
create.
6. That no one indicated their presence at the public hearing in opposition to the request; and
that a letter was received from an area resident opposing deletion of the condition.
CALIFORNIA ENVIRONMENTAL QUALIT~' ACT FINDING: That the Anaheim City Planning Commission
has reviewed the proposal to amend or delete a condition of approval pertaining to required fencing and
landscaping for a previously-approved telecommunication antenna facility on a 5.02-acre rectangularly-
shaped property located on the south side of Audre Drive between Ninth Street and Walnut Street, having
frontages of 1,232 feet on Audre Drive, 175 feet on Ninth Street and 175 feet on Walnut Street, and
further described as 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut
Street (Southern California Edison easement); and does hereby find that the Negative Declaration
previously approved in connection with Master Conditional Use Permit No. 4165 serves as the required
environmental documentation for this request upon the finding that the previously approved Negative
Declaration reflects the independent judgment of the lead agency and that it has considered the
previously approved Negative Declaration together with any comments received during the public review
process and further finding on the basis of Che initial study and any comments received during the public
review process that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that based on the foregoing findings the Anaheim
City Planning Commission does hereby deny amendment or deletion of Condition No. 4 of Resolution No.
PC99-220. adopted in connection with Conditional Use Permit No. 4165.
May 8, 2000.
THE FOREGOING RESOLUTION was
~ PI nning Commission meeting of
CHPyI`RPER~ON 4~R0 TEMPORE,
~NAHEIMr~ITY PLANNING COMMISSION
ATTEST:
. ~ .
SECRETARY, AHEIM CITY PLANNING COMMISSION
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• ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resolution was passed arod adopted at a meeting of the Anaheim City Planning
Commission held on May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: ARNOLD, BOYDSTUN / I
IN WITNESS WHEREOF, I have hereunto set my hand this ~~n day of
, 2000. ,
~.c,IC-K~1v~ C <~~~(,~.(~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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