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Resolution-PC 2001-40. RESOLUTION NO. PC2001-40 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04340 BE GRANTED 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 6 OF PARCEL MAP NO. 81-228, AS SHOWN ON A MAP FILED IN BOOK 161, PAGES 38, 39 AND 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 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 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 Aaaheim Municipal Code Sections 18.84_062.030.032, 18.110..1_QO and 1_8.110.100.050_0511 to permit roof-mounted telecommunication antennas and an accessory ground-mounted equipment structure. 2. That the subject property is part of an integrated industrial complex consisting of 12 buildings in Development Area 5(Commercial Area) of the Northeast Area Specific Plan No. SP 94-1; that the City of Anaheim General Plan designates this property for General Commerciat land uses; and that the property is located within the Alpha (Northeast Area) Redevelopment Project Area. 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; that the proposed antennas are fully screened within architectural extensions of the building which blend with the existing architecture of the building, which architectural extensions do not appear to be a roof screen but, rather, an extension of the building itself; and that the ground- mounted equipment structure maintains a setback and location which will have limited visibility to surrounding properties and public rights-of-way. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and hiqhways designed and improved to carr_y the traffic in the area because no traffic will be generated by the approval of this use permit for a telecommunications facility. 6. 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. 7. That the proposed telecommunication antennas will be incorporated into the architecture of the existing building so as not to be detectable to the public's view; and that extension of the parapet above the main entry makes the proposed modifications appear to be part of a"tower elemenY' complementary to the architecture of the building and, therefore, the proposal meets the implementation policies of the City regarding communications equipment. CR5055PK.doc -1- PC2001-40 • • 8. That this site is currently developed with an existing two-story building and the proposed antennas will be accessory to and fully integrated within the modified buitding structure and will be virtually undetectable due to design and exterior finishing treatments. 9. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. 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 a total of three (3) roof-mounted antenna arrays (twelve (12) feet in length) with a maximum of four (4) panel antennas per array (one (1) foot wide by four (4) feet high) shall be permitted behind the ten (10) foot high parapet wall extensions at the northwest and southwest portions of the building, as shown on the approved exhibits. Said information shall be specifically shown on the plans submitted for building permits. No additional or replacement antennas shall be permitted without Planning Commission's approval. 2. That the parapet wall extensions shall appear to be..seamless in appearance, original to the structure, of high quality construction, and finished, textured and painted to match the appropriate existing building exterior, and subject to a final Zoning Division inspection and approval. Said information shall be specifically shown on the plans submitted for building permits. 3. That if after placement of the antenna arrays, they are determined to be visible based upon final inspection by Zoning Division staff, the parapet wall extensions shall be extended to fully enclose the antennas. 4. That PVC slats shall be interwoven into the chain-link fencing and shall be maintained in good condition at all times. 5. That this property shall be developed substantially in accordance with the plans, specifications and photo simulations submitted to the City of Anaheim by the petitioner and which documents are on file with the Planning Department marked Exhibit Nos. 1 through 9, and as conditioned herein. 6. 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. 1 and 2, 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. 7. That prior to final building and zoning inspections, Condition Nos. 3, 4 and 5, above-mentioned, shall be complied with. 8. 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. -2- PC2001-40 ~ • 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. April 9, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRP ATTEST: 0 ~_ ~- ~~~~. ~ EIM CITY PLANNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Ed~nundson, Secretary of the Anaheim City I?lar~aing Commission, do-hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 9, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 3~ day of `M , 2001. ~ ~~o~-_ D~--~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-40