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Resolution-PC 2001-123• RESOLUTION NO. PC2001-123 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04423 BE DENIED 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: BEGINNING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN A DEED TO DELBERT L. CRAEMER AND WIFE, RECORDED APRIL 07, 1961 IN BOOK 5681 PAGE 517 OF OFFICIAL RECORDS, SAID CORNER BEING NORTH 34 DEGREES 11 MINUTES 30 SECONDS WEST 68,50 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE OF SOUTH 34 DEGREES 11 MINUTES 30 SECONDS BAST 133,00 FAST, AS SHOWN ON SAID RECORD OF SURVEYS, THENCE SOUTH 55 DEGREES 20 MINUTES 35 SECONDS WEST 197.85 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 86 DEGREES 20 MINUTES 35 SECONDS WEST 353.61 FEET TO THE WEST LINE OF THE LAND DESCRIBED IN A DEED TO ARTHUR A. SCHULTZ AND WIFE, RECORDED JANUARY 11, 1960 IN BOOK 5048 PAGE 14 OF OFFICIAL RECORDS, THENCE SOUTH 11 DEGREES 20 MINUTES 40 SECONDS EAST 146.80 FEET ALONG SAID WEST LINE, THENCE SOUTH 63 DEGREES 28 MINUTES 00 SECONDS EAST 192.22 FEET; THENCE NORTH 85 DEGREES 07 MINUTES 00 SECONDS EAST 200,00 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF RR~WUR P~. SCFt~1LTZ; THEf~}EE Nf}RTH '~1 DEGI~EES 20 MINUTES 40 SECONQS W€~l" 242,02 FEET TO THE TRUE POINT OF BEGINNING. FX~:EPT ?HAT PQRTI~N THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT DISTANT SOUTH 86 DEGREES 20 MINUTES 35 SECONDS WEST 200.52 FEET FROM THE ABOVE DESCRIBED TRUE POINT OF BEGINNING, THENCE SOUTH 11 DEGREES 20 MINUTES 40 SECONDS EAST 246.33 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN A DEED TO RICHARD L. SMITH AND BARBARA J. SMITH, RECORDED MARCH 15, 1962 IN BOOK 6039 PAGE 784, RANGE. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 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 ~tse~f a~d ~~ ~ its ue"alf, ~nd a*t~; due ~o~s:~+e~atio^ ~f 3II ?~llC~B!l,e an~! reports pffered a# said hearing; does ~nd 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 Sections 18.44.050.330, 18.84.061 and 18.84.062.030.032 to permit a telecommunications antenna and accessory roof-mounted equipment. 2. That the proposal specifically consists of two "sectors" with five panel antennas (5 feet long by 8 inches wide each) on each sector and two roof-top mechanical units to ventilate the equipment room (the equipment room would be located on the second floor of the building). CR5177PK.doc -1- PC2001-123 • • 3. That the proposed use is hereby denied on the basis that it would adversely affect the adjoining residential land uses because the size and scale of the parapet screen wall is out of context with the existing single-family neighborhood and would thereby adversely affect single family residential land uses by creating a negative visual impact in the vicinity. 4. That the proposed telecommunications facility is contrary to City goals regarding the concealment of such facilities due to the design not complementing the site because the screen wall does not extend around the entire perimeter of the building and, therefore, is not an adequate stealth design. 5. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of this conditional use permit would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That three people spoke at the public hearing in opposition to the proposal, one person representing the Anaheim Citizens' Coalition spoke in opposition, eight letters in opposition were received, and a petition with 35 signatures in opposition was received; and that one letter indicating no opposition was received. CRtIFQRNIA ~NVtRQNfF~ENTAL Qk~P~L.ITY AC~ FIfdDENG: -That-~he A~aheiFn GF~y Planning Commission has reviewed the proposal to permit a telecommunications antenna and accessory roof-mounted equipment on a 0.94-acre irregularly-shaped parcel having a frontage of 200 feet on the sow#" s;4~ of San±~ Ah2 ~?~?,en ~~a~, ~ m~ximum ~eo#h of 435 feet; being located 515 feet west of the centerline of Fairmont Boulevard, and further described as 6254 East Santa Ana Canyon Road; 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 deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 27, 2001. ~ PERSQN, ANAHF~M ~ITY PLA,NNIN(~ ~QMMISSION ATTEST: _~ ~o SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-123 . ~ 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 the Anaheim City Planning Commission held on August 27, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this n~ day of , 2001. /T~~~ ~~/~/~UZ,v~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-123