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Resolution-PC 2001-70~ ~ RESOLUTION NO. PC2001-70 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04364 BE GRANTED, IN PART FOR FIVE (5) YEARS TO EXPIRE ON JUNE 4, 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 WESTERLY 210 FEET OF THE EASTERLY RECTANGULAR HALF OF VINEYARD LOT H-1, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. SAID LAND IS ALSO SHOWN ON A MAP OF SURVEY, RECORDED MARCH 13, 1953 IN BOOK 26 PAGE 10, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 4, 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 €'rndings and-recommendations irt connection theFewi~~ -a~d-- - 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 under authority of Code Section 8.61.050.460 to permit a telecommunication monopole antenna and accessory ground-mounted equipment in the ML "Limited Industrial" Zone. 2. 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. 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 tra~c 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 said 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 telecommunication monopole antenna and accessory ground-mounted equipment on a rectangularly-shaped 3.6 acre property having a frontage of 200 feet on the north side of South Street, a maximum depth of 790 feet, being located 390 feet west of the centerline of East Street, and further described as 929 East South Street; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it CR5099PK.doc -1- PC2001-70 ~ • 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, in part, for a period of five years upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject properly in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the proposed telecommunications facility, consisting of one (1) "light pole" with three (3) panel antennas enclosed within the pole shall be permitted for a period of five (5) years, to expire on June 4, 2006. 2. That a maximum of three (3) panel-type antennas may be located within the "light pole" and one GPS antenna on top of the BTS equipment cabinet. The overall structure of the light pole shall not exceed a maximum height of fifty one (51) feet. The monopole antennas shall be completely enclosed within the proposed light pole and not visible to public view. No additional or replacement antennas shall be permitted without the approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 3. Proposed Condition No. 3 was deleted af the Planning Commission public hearing. 4. That an eight (8) foot high block wall to screen the ground-mounted equipment shall be constructed and maintained a long the east property line, and shall be setback a minimum of five (5) feet from said ----pFOper~y-lin~ Sai~eFlElos~tFe sFia1E be-pla~te~an~~rairr~eiFlee~vva~kr~i~ri~~r~ron~~'~)-galloFl-vines---- - - planted on maximum three (3) foot centers. Said landscaping shall be provided with permanent irrigation. Said information shall be specifically shown on the plans submitted for building permits. 5. That the monopole shall be constructed of permanent materials simulating an authentic "light pole." The pole shall have a steel finish exterior and shall be maintained in good, clean condition. Said information shall be specifically shown on the plans submitted for building permits. 6. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 7. Proposed Condition No. 7 was de/eted at the Planning Commission public hearing. 8. That the height of the "light pole" shall not exceed the height of the attached panel antennas at any time. If the panels are lowered, the pole height shall be lowered to correspond with the height of the panel antennas. 9. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 10. That any required relocation of City electrical facilities shall be at the developer's expense and all pad- mounted equipment shall be screened from view by the use of landscaping and/or hardscape materials. 11. Proposed Condition No. 11 was deleted at the Planning Commission public hearing. 12. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2187 (which permitted an auto and truck wholesaling and reconditioning facility). -2- PC2001-70 • ~ 13. That the subject property shall be developed substantially in accordance with the 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 through 6, and as conditioned herein. 14. 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, 4, 5, 9 and 12, 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. 15. That prior to final building and zoning inspections, Condition Nos. 10 and 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the e~ent that it complies with the Anaheim Municipal 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 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. 4, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June CHAIRPERSON, ANAHE ATTEST: v LANNING COMMISSION 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 June 4, 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 ~~~ day of e, , 2001. _ ~!iGt~~ ~..e~-,-z-a.n-~ ECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-70