Resolution-PC 2006-101• •
- RESOLUTION NO. PC2006-101
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION !'
REINSTATING AND APPROVING CONDITIONAL USE.PERMIT NO. 2001-04363
(3440 WESTIINCOLN AVENUE)
WHEREAS, on October 2, 2001, the Anaheim City Council, by Resolution No. 2001 R-257
approved Conditional Use Permit No. 2001-04363 to permit a#elecommunications antenna with accessory '
ground-mounted equipment on property located at 3440 West Lincoln Avenue; and
;WHEREAS, said Resolution Na 2001 R-257 includes the following condition of approvaL•
"1 That the proposed telecommunications facility, consisting of one (1) "clocktower" with six
(6) concealed antennas, shall be permitted for a period of five-(5) years, to expire on
October 2, 2006."
WHEREAS, this property is currentlydeveloped with a commercial shopping center, the
, underlying zoning is C-G (General Commercial); the Anaheim General Plan designates this property for
Neighborhood Commercial land uses, and the property is located within #he Merged Redevelopment Area; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement
of Conditional Use Permit to modify or delete a condition of approval pertaining`to a time limitation to retain a
previously-approved telecommunications antenna with accessory ground-mounted equipment pursuant to Code
Section Nos. 18.08.030.040.0402 (Antennas - Telecommunications-Stealth Building-Mounted) and 18.60.180 of
the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of Orange, State of
California, described as:
PARCEL 2, AS SHOWN ON i4 MAP FILED IN BOOK 22,'PAGE 5 OF PARCEL MAPS, IN THE '
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 13, 2006, at 2:30 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 18.60 "Procedures",' 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 applicanYs proposal to reinstate a telecommunications antenna with accessory ground- °
mounted equipment is authorized by the Anaheim Municipal Code Section Nos. 18:08.030.040.0402 (Antennas
- Telecommunications-Stealth Building-Mounted) and 18.60.180.
2. That the proposed reinstatement and deletion of time limitation for the telecommunications
antenna with accessory ground-mounted equipment would not adversely affect the adjoining land uses and the
growth and development of the area in which it is currently located because the facility already exists and is
being operated in conformance with all conditions of approvaL
3. 7hat the facts necessary to support each and every required showing for the original approval of
the entitlement exists; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the site is in compliance with all conditions of approvaL
4. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land sues, nor to the public health and'safety. ;
- CR\PC2006-101 -1- PC2006-101
(Tracking No CUP2006-05140)
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5. That the deletion of the time limitation is appropriate because it has been demonstrated that the
use has operated in a manner that is appropriate in the underlying zone and the periodic review of the use is no
longer necessary. '
6. - That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition' to the subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously
approved in connection with Condifional Use Permit No.2001-04363 is adequate to serve as the required
environmental documentation in connection with this request uppn finding thaf the declaration xeflects the
independent judgmen4 of 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, for the
reasons hereinaboVe stated does hereby reinstate Conditional Use Permit No 2001-04363 to permit a
,telecommunications antenna with accessory ground-mounted equipment on property located at 3440 West '
Lincoln Avenue, subject to the following conditions: '
1: That#he telecommunicationsfacility shall continue to be maintained with the following ,
_
characteristics:
'(a) Amaximum of six (6) panel-type antennas shall be located within the clocktower,
(b) The overall structure shall not exceed a maximum height of fifty (50) feet; and ; ,
(c) The clocktower antennas shall be completely enclosed within the clocktower`and shall not be
visib~e to the public.
That no additional or replacement antennas shall be permitted without the prior approval of the
Planning Commission.
2. 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 discovery.
3. That the accessory equipment shall be ground-mounted and located within an enclosure behind
the shopping center. :
4. That the proposed clocktower shall contain one clock facing west and one clock facing north,
and shaN be maintained in working order for the life of the facility.
5. That the tower shall be constructed of permanent, solid materials simulating an authentic
clocktower. The tower shall remain painted to match the color of the Stater Bros. building and maintained in
good, clean conditions.
6. That the subject property shall be developed substantialVy 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 Revision No. 2 of Exhibit Nos. 1 through 6, and as conditioned herein.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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- PC2006-101
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BEIT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this'discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. failure to pay'all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 13, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Frocedures"
of the Anaheim Municipal Code pertaining to appeal procedures and m replaced b a City Gouncil ,
Resolution in the event of an appeaL ` . :
CH RMAN, A AHEIM PLANNING COMMISSION
ATTEST:
~-~~~ ~G~+.~.o :
SENIOR SECRETARY, ~4NAHEIM PLANNING COMMISS~ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Comrnission' held on
November 13, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERQ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
W WfTNESS WHEREOF, f have hereunto set my hand this I Z L"~ day of '~QCe~ I~Gr ,
2006.
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