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Resolution-PC 2001-80~ . RESOLUTION NO. PC2001-80 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3860 FOR FIVE (5) YEARS TO EXPIRE ON JUNE 18, 2006 WHEREAS, on August 19, 1996 the Planning Commission adopted Resolution No. PC96- 84 to grant Conditional Use Permit No. 3860 and permit a 55-foot high monopole telecommunication antenna and accessory equipment with waiver of minimum setback from interior property lines (10 feet required, 3.5 feet approved between the south property line and accessory equipment cabinets) on property located at 5620 East La Palma Avenue; and that said resolution includes the following condition of approval: "2. That the communication monopole shall be approved for a period of five (5) years, to expire on August 19, 2001." WHEREAS, this property is developed with an industrial complex in Development Area 5 (Commercial Development Area) of Specific Plan No. 94-1 (Northeast Area Specific Plan) and that the property is also located in the Scenic Corridor Zone Overlay; and that the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 3860 and deletion of Condition No. 2(pertaining to the time limitation which will expire on August 19, 2001) in order to retain the previously-approved tetecommunicatian monopote antenna and accessory ground mounted equipment; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 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 amendment 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 use proposed to be reinstated is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code; and that Section 18.03.093 authorizes the request for reinstatement. 2. That no Code Enforcement complaints have been received regarding this use; and that reinstating the use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and that. 3. That the size and shape of the site for the use, as proposed to be reinstated, 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 use, as proposed to be reinstated, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. CR3516PK.doc -1- PC2001-80 ~ i 5. That reinstating the use, 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 amending the conditions of approval is reasonably necessary to protect the public peace, health, safety and generaf welfare, and necessary to permit reasonable operation under the conditional permit as granted. 7. That the facts necessary to support each and every required showing for the issuance of this entitlement as set forth in Chapter 18.03.093 exist. 8. That this use permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. 9. That this use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 10. 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 and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3860 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration F~#lects the independerrt j~dgFne~t o~ the-lead agency and that it has considered the previously approved 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 reinstate and approve Conditional Use Permit No. 3860 for five (5) years (to expire on June 18, 2006) to retain the telecommunications facility, consisting of one (1), fifty five (55) foot high, wood monopole with three (3) antennas, and with waiver of minimum setback from interior property lines; and BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC96-84, adopted in connection with Conditional Use Permit No. 3860, are hereby amended in their entirety to read as follows: That the telecommunications facility consisting of one (1) wood monopole with three (3) antennas shall be permitted for a period of five (5) years, to expire on June 18, 2006. 2. That a maximum of three (3) panel-type antennas may be located on the monopole, and that the overall structure shall not exceed a maximum height of fifty five (55) feet. The antennas shall be painted brown to match the pole, and the antenna arms shall be a maximum of four (4) feet. No additional or replacement antennas shall be permitted without the prior approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. 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 5, and as conditioned herein. -2- PC2001-80 ~ ~ 5. That approval of this application constitutes approval of the proposed request only to the extent 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. THE FOREGOING RESOLUTION was adopted,~t~he Plannip~Commission meeting of June 18, 2001. / /- / ~ CHAIRPERS ATTEST: ~ ~~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION 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 - GoFnFrtission held on June 18; 200'~, by the following vote of the-mertibers thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: BRISTOL ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ r~ day of ,~ , 2001. ~~-n d~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-80