Resolution-PC 2001-110C~
RESOLUTION NO. PC2001-110
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04401 BE GRANTED
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE AUGUST 13, 2006
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real prope~ty situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 175 FEET OF LOT 4, IN BLOCK 13 OF THE SUBDIVISION
OF THE SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE
10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1, PAGE 33 OF MISCELlANEOUS 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 August 13, 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
WH€~€AS, said Com~issior~; a~er due inspee~ion, inves~igation-and study m~de-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 18.21.050.125 to permit a telecommunication antenna and accessory
ground-mounted equipment.
2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth ar~d development of the area in which it is proposed to be located.
3. 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.
4. 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.
5. 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.
6. 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 permit a telecommunications antenna and accessory
ground-mounted equipment on a rectangularly-shaped 2.5-acre property located at the southwest corner
of Audre Drive and Walnut Street, having frontages of 600 feet on the south side of Audre Drive and 175
feet on the west side of Walnut Street, and further described as 1653 South Walnut Street; 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
CR5162PK.doc -1- PC2001-110
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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:
1. That the proposed telecommunications facility, consisting of four (4) panel antennas and one (1)
microwave dish mounted on an existing electrical transmission tower, shall be permitted for a period
of five (5) years to expire on August 13, 2006.
2. (a) That a maximum of three (3) antenna arrays with finro (2) antennas on one array and one (1)
antenna each on the other two arrays, and one (1) microwave dish antenna shall be permitted
on the existing Edison transmission tower. The placement of one antenna array on the lattice
tower shall be limited to sixty (60) feet in height, the placement of finro (2) antenna arrays on the
lattice tower shall be limited to fifty (50) feet in height, and the placement of the microwave dish
shall be limited to forty (40) feet in height. Said information shall be specifically shown on the
plans submitted for building permits.
(b) No additional antennas or equipment cabinets shall be permitted without the prior approval of
the Planning Commission.
3. That the antennas and cable runs shall be finished and painted to match the existing lattice tower
structure. If the finish or color of-the-lattice tower is modi~ied, the a~tennas shall be-modifed
accordingly. Said information shall be specifically shown on the plans submitted for building permits.
4. That the property under lease to the telecommunications provider 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 finrenty four (24) hours from time of occurrence.
5. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower.
6. That prior to issuance of a building permit, the landscaping and screening with polyvinyl slats on the
existing chain link fence along Walnut Street shall be completed as originally required under
Conditional Use Permit No. 4165 which was approved on December 6, 1999 to permit
telecommunications antennas on an existing electrical transmission tower.
7. 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, 3, 4 and 5, and as conditioned herein.
8. 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(al; 3~nd 6, abqy~-m~n~iQr~PCi, ch~ll ~ig rr~rrl~ligri
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 regutations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 13, 2001. J
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ~~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
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 tk~e Anaheim City Pla~~i~g
Commission held on August 13, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this G~~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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