Resolution-PC 2001-131• •
RESOLUTION NO. PC2001-131
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04415 BE GRANTED
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE SEPTEMBER 10, 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:
PARCEL 1:
LOT 11 OF TRACT NO. 3177, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 96,
PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
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 September 10, 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~~tEAS, said Cor~missia~, af~€r-du€ inspection, investigationa~ds~~d-y-rx~ade 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 telecommunications antenna on an existing
electrical transmission tower and accessory ground-mounted equipment.
2. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and 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;
that a representative of the West Anaheim Neighborhood Development Council (WAND) spoke with
suggestions and concerns regarding the request; 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 on an existing
electrical transmission tower and accessory ground-mounted equipment on a 4.98-acre rectangularly-
shaped property having a frontage of 170 feet on the west side of Euclid Street and a depth of 1,271 feet,
being located 355 feet south of the centerline of Cris Avenue, and further described as 1621 South Euclid
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
CR5189PK.doc -1- PC2001-131
•
~
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:
1. That this conditional use permit shall expire five (5) years from the date of this resolution, on
September 10, 2006.
2. That this telecommunications facility shall be limited to four (4) sectors with one (1) panel antenna
per sector on the existing tower with accessory ground-mounted equipment. The four (4) sectors
shall be flush-mounted on the lattice tower and shall be limited to fifty two and one-half (52'/z) feet in
height. Said information shall be specifically shown on the plans submitted for building permits. No
additional antennas or equipment cabinets shall be permitted without the prior approval of the
Planning Commission.
3. 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 portion of the property being leased to the telecommunication provider shall be permanently
~air~tai~ed-E~ an-orderly fashio~ ~hro~g~i ~k~e-pFOVis+on-o# regular landseaping-~ai~r~enanee, remova4
of trash or debris, and removal of graffiti within finrenty four (24) hours from time of occurrence.
5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
6. That subject prope~ty 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 and 4, and as conditioned herein.
7. 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.
8. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be
complied with.
9. 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 flndings as to compliance or approva!
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.
-2- PC2001-131
~J
~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2001. ~
N, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~
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 the Anaheim City Planning
Commission held on September 10, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KOOS
ABSEl~I-T-:- COMMISSIO-NERS: NOI~IE -- - -
/ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~-~~ b.o~ , 2001.
~.tJv~-ct~'^oG~°
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-131