Resolution-PC 2009-074RESOLUTION NO. PC2009-074
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CAT`EGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05429
(520 WEST SOUTH STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit to permit a 50 foot tall mono-pine telecommunication
facility on certain real property situated in tbe City of Anaheim, County of Orange, State of
Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and
WI~REAS, the property propased for a mono-pine telecommunications facility
is developed with Anaheim First Christian Church ]ocated in the Transition (T) zone, and the
Anaheim General Plan designates this property for Medium Density Residential land uses; and
WHEREAS, the Anaheim City Planning Commission did bold a public hearing at
Che Civic Center in the City of Anaheim on Augast 17, 2009, at 230 p.m., noCiee of said pnblic
hearing having been duly given as required by ]aw and in accordance with the provisions oY'the
Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said
proposed conditional use permit and to invesYigate and make findings and recommendations in
connection therewith; and
WHEREAS, the Anaheim City Planning Commission, after due inspection,
iovestigation and study made by itself and in its behalf, and after due consideratio~ of all
evidence and reports offered at said hearing with respect to the request for a conditional use
permit, does find and determine the following facts:
1. A telecommunications facility designed as mono-pine with a height of 50 feet in
the Transition (T) zone is properly one for which a conditional use permit is authorized by
Anaheim Mu~icipal Code Section 1838.060.050.0511 (Antennas - Telecommunications).
2. The heigbt of ti~e telecommunicaCions facility would not adversely affect the
adjoining land uses or the growth and development of the azea in which it is proposed to be
located because the faciliCy would be located 251 feet from South SCreet, 233 feet from Harbor
Boulevard and 60 feet from the residential buildings to the south.
3. Altemative locations and designs were considered by the applicant; however there
were no feasible locations to co-locate antenna facilities.
4. The additio~al height above the 30 foot maximum building height for the
Transition (T) zone is reasonably necessary for the efficient operation of the proposed mono-pine
and any negative impacts of the proposed mono-pine are properly mitigated by the existing
mature pine trees in Che area.
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5. The size and sbape of the site is adequate to allow the full deve]opmenC of tfie
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the telecommunications facility is an unmanned facility.
6. The traffic generated by the telecommunications facility would not impose an
^nd~e burde~ upon the streets and highways designed and improved to cazry The Craffic in the
area because adequate parking is provided on-site.
THEREFORE BE IT RESOLVED that the proposed project falls within the
definition of Categorical Exemptions, Class 1(ExisCing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
docnmentation.
BE IT FURTHER RESOLVED that Che Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Pernnit No. 2009-05429
sub~ect to the oonditions of approval described in Exhibit `°B" attached hereto and incorporated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim. Extensions for fur[her time to complete conditions of approval may be granCed
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established Chat satisfies the original intent and garpose of
the condition(s), (ii) the modification complies with the Anaheim M~nicipal Code and (rii) the
applicant has demoostrated significanC progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anal~eim Municipal Code.
BE IT F[JR'i"HER RESOLVED tl~aC The Anaheim City Planning Commission
does bereby find and determioe that adoption of This Resolntian 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 jurisdictioo, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE TT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request ouly to the extent Chat 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
eharges related to the processing of this diseretionary case application wathin 15 days of the
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issuance of the fina] invoice or prior to the iss~ance of building permits for th9s 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 August 17, 2009. Said resolution is subject to the appeal provisions set forth i^
Chapter 18.60, "Zoning Frovisions - General" of Che Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a Cit,y Council Resolution in the event of an appeal.
PLANNING COMMISSION
ATTEST:
SENIOR S`$CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that Che foregoing resol~tion was passed and adopted at a meeting of Che Anaheim
City Planning Commission held on August 17, 2009, by the following voYe of khe members
thereof:
AGARWAL, AMENT, BUFFA, FAESSEL,
AYES: COMMI3SIONERS: RAMIlZEZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMIS3IONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 17`~ day of August, 2009.
3ENIOR SECRETARY, ANAFTEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009-05-1?9
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05429
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO ISSr1ANCE OF BUILDING PERMZT
1 The proposed mono-pane shall be limited to a maximum Planning
heighC of fifty feet. Said information shall be specifically
shown on plans submitted for building permits.
The antennas and equipment cabling shall not be visible to
public view. All equipment cabling shall be routed inside of
2 the strncture and shall be underground. Said information Planning
shall be specifically shown on plans submitted for building
permits.
3 Any required relocatio~ of City elecCrical facilities shall be at Public Utilities -
the property owner/developer's expense. Electrical
GENERAL CONDZTIONS
4 The subjeet properCy shall be developed substapCially in Planning
aeeordance with the plans and specificatio~s submitted to the
City of Anaheim by the applicanC and wlaich plans are on file
with the Planning Department and labeled Exhibit Nos. 1
(Site Pla~), 2(Pazking Plan) and 3(Elevations), and as
condirioned berein.
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