Resolution-PC 94-72RkSOL~„TION NO. PC94-72
A RESOLUTfON OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PE7ITION FQR ~ONDI710NA1. IJSE F'ERMIT NO. 3682 6E GRAN'fED, IN PART
WHEREAS, the Anahoim City Planning Commissian did recelve a veriii~ Petftion fur
Conditlonal Use Permit tor certain real property siti~ateci In the City of Anaheim, Counry of Orange, State
uf California, describod as:
PARCEL 2 IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN
F100K 16, PAGE(S) 46, OF PARCEI MAPS, IN THE OFFICE OF TME GOUNTY
RECORDEi~ OF 5AID COUNTY.
WHEREAS, the City Planrifng Commission did hold a public hoaring ~t the Civ(c Center
in th~ C(ty of Anaheim un June 1, 1994 at 1:30 p,m., notico of said public hearing having been duly ~ivon
as requlreci by law and in accordence wlth the provislons of tl~e Anaheim Munlcipal Code, Chapter 10.03,
to hoar ancl consider ev(dence for and aflalnst said proposed candit(onAl use permit and to investigate and
rnalce findings and recommendatlons in connRCtlon therewith: and
WHERi:AS, sF~fd Comm(ssion, aFter duo inspection, investigation and study made by I:self
and in fts behalf, and after due consideratton of all evldence and repurts offored at sald hearing, doe~ ilnd
and determino tl~e following iacts;
1. That the proposed use is properiy one for which a conditional use permf! is authorized by
Anahe(m Municipal Caio Section 18.44.050.290 to permit an unmanned '1,200 sq.ft. cellular
telecommunicatio~s facility with one 60•inot high monopole (including an attACt!ed 3-array antbnna) in an
existfng 15,300 sq.(t. comrnercfal retall center w(th waiver of the fotlowing:.
Section 18.44.030.120 - ,$tZqu(r ac•~sning, of roof-mounted oauinm~nt•
(Full scroe[~fn,9 of equlpment requfrod irom any publfc
right-of-way, public pro~erty ur adJacent non•industrially
zoned property; [~artial s~QniJ.r q ni condensing unit pruposed)
2. That the waNor is hereby deniod because the pstitloner ~groed at tf~e public hearing to
screon the roof mounted equipment in ~ccordance with CodA Sectlon 18.44.030.120;
3. That there are no spocial circumstances appli~:abie to the proporty sucfi as size, shape,
topography, IocAtlon or surroundings, wf~(ch do not apply to othor ldenticaliy zonod propertles in the
vicinity;
4. Tha! strict application of the Zoninfl Code dGes not deprfve tho proporty of privfleg~s
enjoyed by other propertios in i~entical zoning classL'ication In the vicinity;
5. Th~t the proposecl use is properly one ~or which a condftianal use permit Is authoriz~d by
the Zoning Code;
6. That tho proposed use will not adversely aHect the adJoining IAnd uses and the growth and
development a( tlie nrea in whfch it is proposed to be located because the prnposed monopole will be
locatad bewvoon existinfl buildings theroby partially screening safd monc~pale and, further, the vlew trom
the apartrtionts (ta the south) la such that the mon~polo will not bo vfsible trom tha ma~n Iiving areas of
said epartments;
CR?.107MS.WP -1- PC94-72
7. That the size and shape of the sit~ tur the proposed i.ise is adequate to nllaw the full
d~velopmont of the proposed use In a manner riot dotrimental tu th~ particular area nor to the peaae,
health, safety, and goneral welfare;
~. 1'hat tho traffic generated by the proposecl use will not imposo an undue burden upon the
streets and highways GesignQd And Improved to carry tho traff(c in the area bocauss the propased use
will have no traNic or parking impact;
9. 7hat tl~e granting of the 4anditional use permit under the cAnditlons imposed will not be
detrimental to the pdace, health, safety and general wolfare of tl~P citizens of the City of Anahelm; and
10. That no one Indfcatad thelr prosence at sald public hearing in opposition; and that no
~or-espondence was rocelved in opposition to the subJect petitian,
~p~IFC,ZNIA ~NVIRONMENTAI. C~UAI.ITY,~(;T FINDING: That the Anahelm City planning
C~mmission has reviewed the proposal to permit an unmanned 1,20U sq.ft. cellular telecommunfcatlons
facilfty with one 80-foot high monopo~o (including nn attachad 3-array antenna) in an exlsting 15,300 sq.ft,
commo~cial retail centar with walver cf required scroenfng of raof-mounted equipment on an (rrogularly-
shaped parcel of land consisting of approximately 1.2 acres, having approximate frontagss of ~48 feet on
the south side oF lincoln Avonue, 85 feot on the wost side of Laxore Streot, and 258 feet on ttie nnrth sfde
of Embassy Avenue, located approximataly 325 faet oast of the centerline of Beach Boulevard ~nd further
described as 2960 West Lincoln Avonue, Unit H; t~nd does hereby approv6 tho NegatNe Declaratlon upon
iinding that tho declaration reflocts the independont judgement of the IFad agenay and that ft has
considored the Negatfve Decl~ration toflether with any comments receiveci durinfl the pubiic review
process and further ilndfnfl on the basis of the initlAi study and any comrnen:~ received thr~t there i~ no
substantfal evidence that the proJect will havo a 31gn(ficant effect on the environment.
NOW, THEREFORE, BE IT RES~LVEO th~t the Anahoim Clty Planning Commission doe~
hereby grant subJect Pet~tlon for ConditfonAl Use Permit, in part, upon the following ~canditions whfch are
heroby found ta be a nocessary prerequlsita to the proposed use of the subject property in ordor to
preserve the safety and general wel(are of the Cftizens of the Ciry of Anaheim:
1. That prior to construction of the proposed omer{~ency generator, pians shall be submltted to the
Plann(ng Commfssion far review and approval as a Reports and Recommendatlon itam to sliow
acoustical and aesthotfc troatment of the proposal;
2. That tho monupole 3hall be installed a minfmum o( twolve (12) feet from any hiph voltafle I(nes.
3. That subJoct property shall be developed subsiantially in acccrdance whh pllns and speclfications
subrtiitted to the City of Anaheim by the petRionor and ~hich plans nre on filo with the Planning
Dopa-tment markecl Exh(bit Nos. 1 through 4.
4. 7hat prior to tinal bulldfn~ and zonin~ Inspections ar with a period ot one (11 year irom tho date of
this resolutlon, whichever occurs first, Condition Nos. 2 and 3, above-montioned, shall be compliod
with. Extensfons for further time to completo safd conditions may bo granted in accordance with
Soctiun 18.03.090 oi the Anaheim Municipal Code.
5. 7hat approval of tti~s app~ication constftuteB approval of the proposed requast only tu the exter~t that
it complies with the Anaheim Municipal Zoning Cotlo and any othor applicable City, State ancJ Federal
regu~atfors. Approval does not ii7clude any action or findings as to compliance or approval of the
r~quest regardin~ any other applicable ordfnance, regulatfon or requirer~ient.
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8E IT FUR7HER RESOLVED that the Anahelm City Planning Commission dpes hereby flnd
and dotermine that adoption of this Rosolutlon Is axprossly predicated upon applfcanYs ~umpliance with
oach and all of the conditions hereinabove set iorth, Should any such conclition, or any part thereaf, bc~
declared invalid or uneniorceable by the finat Judgmont of any cnurt of competent Jurisciictton, then this
Rosolution, Hnd any approvals hereln containeci, shall be deemed null and vqld.
THE FOREGOINC RESOLUTION was adopted at the Plailnfng Commission meefing of
June 1, 1994. ~
,: ,
Si.~., ' ~
CHAIRMAN ANAMEI ITY P ING'GOMMISSION
ATTEST:
~ 1; ~' ->. t a
SE RETARY, ANA~.1 M CITY PLANNING COMMISSION
~ -% G
3TATE OF CALIFORNlA )
COUN'IY OF ORANGE ) ss.
CI'IY C)F ANAHEIM )
I, Janot L. Jenssn, Socretary of the Anaheim City Planning Commission, do hereby cortify
that the foregoing resolution was passed and adopted at a meeting of tha Anaheim Cfty Planning
Commtssion held on June 1, 1994, by the foiluwing vote of the members thoreof:
AYES: COi1AMISSIONERS: E30YDSTUN, GAL.DWELL, HENNINGER, MESSE, PERi1ZA, TAIT
NOES: COIu1MISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESR WHEREOF, I hnve hereunto ~et my hand thts ~~-~~- day af
~~~~~_ 1994. _
, /~ ~ '~ ,a.~,~..~
~~ ' S REfAR~ CITY PLANNING COMFAISaION
(~ ci
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