Resolution-PC 93-61~
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,~.,F~UTION N0. PC93-61 ~
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A RESQLUTION OF THE ANAHEIM CI7Y PIANNING COMMISSIQN
APPROViNG MODIFICATIQN TO
CONDI710NAL USE PERMIr N0. 3195 (READVERTISED)
WHEREAS, on September 25, 198A, the AnAheim City Planning Commiaqlon approved
Conditl~nal Uso Permit No. 3195 to permit an unmanned cellular tolephone faclliry wkh a 4b•foot high
manopole transmission tower on praperry Incated at the tenninus of Cerrkos Avenue, approximately 108H
feet west of the centerline of Anahelm Boulovard and further desoribed as 333 Wesi Cerritoa Avenue (Suite
333); and
WHEREAS, the petitioner requests modlf(cation of subject uge permlt to permlt a colluler
telephane facflity with a 60-foot high monooole transmisslon tower (prevlously 45 feet high); and
WHEREAS, thA City Planning Commission did hoid a public hearing at the Civlc Center
in the Cfty of Anahefm on April 5, 1993 at 1:30 p.m„ notice of asfd public he~ring having been duly given
es raqufred b,y law and in accordance with the provisions of the Anahelm Munic(pal Cods, f:hapter 18.03,
to hear and consider evidence for and apalnst said proposed modfflcation to Conditianal Use Permft No.
3195 and to Investigate and make findings and recommondations In r.onnect!on therewith; and that aaid
public hearing wes continued to the April 19 and June 2, 1993 Planning Commlas!on meetinga; and
WHEREAS, safd Cammisslon, etter due fnspection, investigation and study medo by Itself
and in Its behalf, and after due canslderation of all evldence and reports oHered at sald haaring, does tind
and determine the fotlowing facts:
1. That the proposed use is properly one for which a conditionel use permit is authorized by
Anaheim Municipal Code Section 78.44.050.330 to permit a csllular telephone faolliry v~~ith a 80-foot high
monopole transmisalon tower (prevfously approved for a 46-foot helght);
2. That the proposad use, to Increase the hefght of a proposed cellular telephone tower, Is
properly ~ne far which a conditional use pennit ia suthorizod by the Zoning Gode;
3. That the proposed use wfll not advorsely affect the adjoining land uses and tho growth and
development of the aroa fn whfch it Is proppoed to be located;
4. That subJect 60•toot tower,l5 foet taller than the previously appraved 45-foot high tower,
will have a ~esser visuol impact on the nearby mobilehome park beoause it wili be located epproximat3ly
t30 feot f~irther south than the prevfous location;
5. That no additiana! antennas are proposed whfch would make th~ 80•faot hlgFi monopole
more nottceable;
g. Thaf the size and shape of the sfte for the proposed use Is adequate to allow the full
develapment of the proposed use In a manner not detrimental to tho pertlcular area nor te the peace,
health, safety and general welfare;
7. That the traHic generate~ by the proposed use witl not Imposo an undue burden on the
streets and hfghways designed and Improved tA carry the traffic (n the area;
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Ck18a6MS.wp -1- PCg3~61
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8. That the grantin~ of the conditional uso perm(t under the canditlai is lmposed will not be
detrirnental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
9. That no one indicated thefr presence at said public hearing in oppositlon; and that no
correspondence was racefved in opposi4ion to the subJect petitlon.
~AUFORNIA ENVIRONMENTAL QUALI'[Y ACT FINDING: 7hat the Anahoim City Planning
Commis~lon has revlewed the proposal to Increasa tho height of tha previously-approved cellular tslephnne
tower and does hereby find that the Nogative Doclaratlon prevlously approved in connectlon with
Conditional Use Permit No. 3195 is adequate ta serve as thA requfred environmental documentatlon in
connection with thla request upon iinding that the declaretlon raflects the independent Judgement of the
lead agency and that ft has considered tha Negative Daclaration together with eny comments rec:elved
durfng the public review process and further finding on the basl5 of the Initigi study and any commenta
receivad that there is no substantfal evidenco that th~ proJect will have a signlflcant effect on the
environment.
NOW, THEREFORE, BE lT RESQLVED that the Ant~hefm C(ty PlRnning Commission does
hereby grant subject madiflcation to Conditlonal Use Permit No. 3195, upnn the folluwing condltlons which
aro hereby found to be a necessary prerequisite to the proposod use ot the subject prop~rty fn order to
prose~ve the safoty and general welfare of the Cltlzens of the City of Anahelm:
t. That subJect property shall be developed substantialiy In accordence with plana and specfficatlons
submitted to the City of Anaheim by the petitioner and which plans are on flle with the Planning
nepartment m~rked Revision No. 1 of Exhibit Nos. 1 and 2.
2, That prior to iinal building and zoning Inspections or within a period of one (1) year irom the date
of thls resolution, whichever occura first, Conditfan No. 1, above-mentioned, shall be complied wlth.
3, i hat approval of this epplication constftutes approval of the proposed roquest onty to the extent that
it complies wlth tne Anaheim Municipal Zoning Code and eny other applicable City, State and Federal
regulations. Approvel doea nnt fnclude any action or findings as to compliance or approval of the
roquost regardtng any athAr applicabie ordinance, reguiation or requfrement.
BE {T FURTHER RESOLVED that the Anah~lm City Planning Commisslon cJoes hereby ilnd
and determinA that adoptfon of this Resolutfon is expressly predicated upon applicanYs complianc~ wfth
each ancl all of the conditlons hereinabavo set forth. Should any such conditlon, or any part thereof, be
declared invalid or unenforceable by the final Judgmont of any urt of competont Jurfsdictlon, then this
Resoltn(on, and any approvats hereln contained, sha~l be dee null end vold.
THE FOREGOING RE50LUT(JN wes ado t tho,~Pian~t Commisslon meeting of
June 2, 1993. `~ `
CHAIRMAN ANAHEIM CITY PI.ANNINQ CO ISSION
AITEST:
SECR TA , ANAHEI CITY PUINNING COIuIMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY AF ANAHEIM }
I, Margarita Solorlo, Secretery of the Anaheim City Planning Commisslon, do hereby certify
that the foregoing resolution was passed and adapted at a meetfng af the Anahalm CCty Planning
Commission held an June 2, 1993, by the following voto of the membe~s thereof:
AYEB: COMMISSIONERS: BOYDSTUN, CAI.DWELL, HENNINGER, MAYER, M~SSE, PERIIZA, TAIT
NOES: COMMISSIQNERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WI7NESS WHEREOF, I have hereunto set my hand thla Z~ day of
~ , 1993.
SECR AR ANAMEIM 17Y PI~4NNING COMMISSION
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.3. PC93-61