Resolution-PC 2006-58~' •
RESOLUTION NO. PC2006-58
A RESOLUTION OFTHE ANAHEIM PLANNWG COMMISSION'
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04233, AND
AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC2000-120,
ADOPTED THEREWITH
'(3364 EAST LA PALMA AVENUE)
WHEREAS; on November 6, 2000, the Anaheim Planning Commission, by Resolution No.
PC2000-120 approved Conditional Use Permit No. 2000-04233 to retain an existing legal-nonconforming .
freestanding telecommunication monopole andto construct and co=locate an'additional telecommunications
antenna facility on the existing legal non-conforming telecommunications monopole with accessory roof-
mounted equipment; and
WHEREAS, said Resolution No. PC 2000-120 includes the following condition of approval:
"1: That the co-location portion of the proposal shall be permitted for a period of five (5)
years, to expire on November 6, 2005."
WHEREAS, the property.is'currently developed with a single story industrial tilt-up building `
and is zoned SP94-1 DA3 & DA5 (Northeast Area Specific Plan'- La Palma Core Area and Commercial Area)
and the Anaheim General Plan designates this property for commercial land uses, and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit for certain real property situated in the City of Anaheim County of
Orange, State of California, described as:
PARCEL 2 OF PARCEL MAP NO. 90-161, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 260, PAGES 42 AND 43 OF PARCEL MAPS, W THE
OFFtCE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain
an existing legaf-nonconforming freestanding telecommunication monopole and to construct and co-locate an
additional telecommunication antenna facility on the existing legal non-conforming telecommunication
monopole with accessory roof-mounted equipment and modification to condition no. 1 of Resolution
No. PC2000-120 pertaining to a time limit pursuant to Code Section 18.60 of the Anaheim Municipal Code;
and
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on June 26, 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, 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 fotlowing facts:
1. That the applicanYs proposal to reinstate an existing co-located telecommunications facility
and accessory roof-mounted equipment on a legal non-conforming telecommunications monopole facility is
authorized by Anaheim Municipal Code Section Nos. 18.120.080.050.0510 (Communications Stations &
Antennas) and 18.60.180 (Reinstatement of a time-limited permit).
Cr\PC2006-58 -1- PC2006-58
• ~
2. That the proposed reinstatement and deletion of time limitation for the telecommunications
facility would not adversely affect the`adjoining land uses and the growth and development of the area in
which if is currently located because the facility already exists and is being operated in conformance with all
conditions of approvaL
3. That the proposed deletion of the time limitation is appropriate because it is not anticipated
that the existing.pole would be removed in the near future, and the periodic review of this use is no longer
necessarysince the telecommunications site has,been properly maintained over an extended period of time
4. That the facts necessary to support each and every required showing for the original approval
of the entitlement exist; 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
5. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public health and safety.
6. That no one indicated~their presence at said publiahearing 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 Conditional Use Permit No. 2000-04233 is adequate to serve as the required :
environmental documentation in connection with this request upon finding #hat the declaration reflects the
- independent judgment 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 substantiaf evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the reinstatement of this permit and deletion of the time limitation; and further, incorporates the
conditions of approval contained in Resolution No. PC2000-120 into a new resolution with the following
conditions of approvaL•
1. That a maximum of three (3) antenna arrays with two (2), six-foot (6') high by eight-inch (8") wide, panel
type antennas per array shall be located on the existing monopole, with one (1) GPS antenna attached
to the accessory roof mounted equipment; and
2. That no signage, flags, banners and/or any other form of advertising shall be attached to the antennas or
the transmission tower structure.
3. That subject property shall be developed and maintained substantially in accordance with the existing
plans and specifications submitted to the City of Anaheimby the petitioner and which plans are on file
with the Development Services Division of the Planning Department marked Exhibit Nos. 1 and 2, and as
conditioned herein.
4. 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 inciude any action or findings as to compliance or approval of the request
regarding any other applicable, ordinance, regulation or requirement.
~ •
BE IT 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.
BE IT 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 prior to
issuance of a"building permit or prior to commencemenf of the activity, whichever occurs first. Failure to pay
aU charges shall result in the revocation of the approval of this application: _
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
- June 26, 2006. Said resolution is subject to the'appeal provisions set forth in Chapter 18.60, `Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeaL
`~~=R'~~ ,
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
.-~ti~~s-=-~-ra-~-~-' ~Y`Za-'Ln.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby ce~tify '
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 26, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3~ day of
, 2006.
~-~~/f r
~i~`z-r-c~'2~ i' ~ ~/''y7/1h~7
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSfON