Resolution-PC 2001-105• •
RESOLUTION NO. PC2001-105
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04396 BE GRANTED
FOR FIVE (5) YEARS TO EXPIRE JULY 30, 2006
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:
THE SOUTH 746.66 FEET OF THE EAST 265 FEET OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 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 July 30, 2001 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 i~ its b€ha4~, and afte~ due conside~ation of all evidenee and-reports af~ered at said- hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use p~rmit i~ a~athori?sd by
Anaheim Municipal Code Section 18.21.050.125 to permit a telecommunication antenna and accessory
ground-mounted equipment on an existing electrical transmission tower.
2. That the underlying properry is the Southern California Edison overhead easement.
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.
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, wnder the conditions imposed, will not be
detrimental to the peace; heal#h; ~8fe~y an~ n~~ngr~l wPlfarg nf thg riti~ang ~f 4hc ~; ~, ~f q; ;~ti~;~;,
7. That no one indicated their presence at the aid public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR5141 PK.doc -1- PC2001-105
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a telecommunication antenna and accessory
ground-mounted equipment on an existing electrical transmission tower on a 3.9-acre rectangularly-
shaped property located befinreen Yale Avenue and Lincoln Avenue, having frontages of 265 feet on the
south side of Yale Avenue and 265 feet on the north side of Lincoln Avenue, having a depth of 646 feet,
being located 360 feet east of the centerline of Syracuse Street, and further described as 2720 West Yale
Avenue; 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 the Citizens of the City of Anaheim:
That this conditional use permit shall expire five (5) years from the date of this resolution, on July 30,
2006.
2. That a maximum three (3) antenna arrays with four (4) antennas each and a maximum one (1)
microwave dish antenna shall be located on the existing lattice tower. The placement of the three
antenna arrays on the lattice tower shall be limited to fifty three (53) feet in height, and the
microwave dish shall be limited to forty three (43) feet in height. Said information shall be
specifically sho~uca on plans-submitt~d for buildir~g-pgrmits. No addi~ional an~ennas ar- equipment
cabinets shall be permitted without the prior approval of the Planning Commission.
That the antennas shall be finished and painted to match the existing lattice tower structure. If the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specifically shown on the plans submitted for building permits.
4. That this leased property shall be permanently maintained in an orderly fashion through the
provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from #ime of notice.
5. Proposed Condition No. 5 was deleted at the public hearing.
6. That any required relocation of City electrical facilities shall be at the petitioner's expense.
7. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas
or to the transmission tower structure.
8. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3; and as condi#iQn~d her~in.
9. 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 and 3, above-mentioned, 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.
10. That prior to final building and zoning inspections, Condition No. 8, above-mentioned, shall be
complied with.
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11. 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 Pfanning 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.
July 30, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: \ /
~_~
/Gi~-~. ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
S.TATE QF CALI.EORNIA )_ -.
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 July 30, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
L~I~N WITNESS WHEREOF, I have hereunto set my hand this Z~~' day of
~ 9 vs'C" , 2001.
.~Zi~"1-"e..-- ~-~""' """'~'O
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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