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Resolution-PC 96-115~ ~ oc_n~ i,~ION N0. P -11 A RESOLUTION OF THE ANANEIM CITY PLANN~NG COtJIMISSION THA7 PET~TION FOR CONDITIONAL USE ?ERMIT NO. 3874 BE GRANTIE~~ !N PART WHEREAS, the Anaheim City Planning Commission did receNe a v~rlfled PetRion for Conditlonal Use Permit for certain rea~ P~oPerty sftuat3d in the City of Anaheim, Cou~tY' of ~~nge, State of Calflomia~ described as: THA7 POSOUTHWEST QUARTER OF SEC;TION 9. TOWNSH P 4 SOU7H, RANGE G~ TFlE ~p WEST, S. B. B. & M. DESCRIBED AS FOLLOV'JS: BEGINNI~N~ED TO THE'STATES CA FORNI~A BY LOUIS BOOMS AND WIFE AS CQN BY DEED R~CORI~E~ NORTH 77° 49' WES7 AS MEi+SURED ALONG A CHORD RECORaS 1U2•14 F OF A CURVE, WHICH END OF CURVE S 223.y3 EET NONTH 75° 43~ 06i WEST, SAID AS MEAHER~ERSECT~~N OFOTHE CENTER UNE OF LOARA STREEI' WO H TNE AND RUNNI'~G FROM FROM EASTERLY EXTENSfON OF SAID SOUTHWESTERLY LINE, SAID P OI,S E L uN~ ~~ T~ R~GM OF WAY OF THE SOUTHERIU PACIFIC NOi~TH ~~HEASTERtLYAUNE~ 205.07 FEET TO 7THE ' INTERSE.CTIUNOOF SAID NGRT NORTHEASTERLY LINE YriTH THE SOUT THENCE SOUTHEASTER Y ALONG CONVEYEDTOTHE STATE OF CAaFORNIA; SAID SOUTHWESTERLY UNE 198.35 FEEi T^ ?!~~ PQWT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing $t~Vi gN~~~duly ~ of Anaheim on October 28, 1996 at 1:30 p.m•~ notice of said public hearing in the ~-Y law and in accordance wRh the provlsions of the Anaheim Municipal (:od~~ a~Ptto given as required by . 18.03, to h~ make 41nd ngs anide ecommendaCionsi in coninectiontheaewfthand use pe " investigate a WHEREAS, °'~~ cons derationnaf sU evidence and eports oifferied atnsa~d hea 9a doss find arxi In its behalf, and after due and determine the following facts: 1, That the proposed use is prope~ly one for which a conditional use Qermit is authorized bY Anaheim Municipal Code Secti Qi ~ hiw ~e~ftthe foi~ow ng~ecommunication mononole antenna having an approximate height of 60 fe ., ~ ,,,, .o~~~tra~ setback from a lo~Qet. sed ~^ction 18.61.063.013 - . t 4 f propo f t fr m M n h t r Av n ~equired, ~.~2-~ 2, That the wafver Is hereby denied on the basis that ft was wfthdrawn by the app~~~~ at the public hea~in9 a~d the minimum required setback will be provided; 3, That the proposed use is propedy one for which a condftional use permR ~s authcrized bY the Zoning Code; p~gg-115 _~ _ CR2772DM ~ ~ 4. That the proposed use will not adversely affect the adjoining land uses and the 9ro`Mh and I developmen4 of the area in which ic i~ proposed to be located because ths proposed monopole antenna wiil not create a ne hi ~~i~~ ~~ ~~o the suROUnding area because~wUltbe on Yt16; ch sln diamee visible due to it~ heig , (naROwer than mo a d elemelM which will~furthelr rzmoufl ge the ant nna in t e surroundi g ernironme ; include a Iight stand 5. That the size and shape of the site for the proposed use is adequate to allow the full deve~opment of the proposed use in a man-^•°s not det~imental tu the particular area no~ to the peace~ health, safery, and generai welfare: , g, That the traffic generated by the praposed use will not impose an undue :~urden upo~ ~e streets arul highways designed and improved to carry tha traffic in the area because thsro will be itttte or no traffic generateu by the antenna and an employee will visft the sfte for pe~iod~c ma~ntena~ece for short periods of time only; Wp! not be 7, That the granting of the conditlonal use pem-it~ under the condftlons Im~ ~he1m; and detrimental to the peace, health, satery and 9eneral welfare of the cftlzens of the Cfty e. That no one Indtcated their presence at said pubUc heari~9 ln opposttion; and that no correspo sftion to the subject petition. ndence was receNeci in oppo ~ cALIFORNIA ENVIRONMENTAL QUA 8 g'e om~~~~~tic,~ monopdAe antenna havin~,an Commission has reviewed the proposal to pertnK approximate height of 60 feet wfth waiver ot minimum required setback from apX ~terf ontage of 1~ggul~~ shaped parcel of iand consisting of approximately 025 acre, having an app on the south side of ee~ w6steof the centerline omf~Loara Street and furthtter~desc~bedt~a~s I329~No~ approximately 328 f rove the NegatNe Declaration upo;~ n~d~~9 t~t the dedaration Manchester Avenue; and does hereby app reflects the indepe ~~~en9e ~~~ d~ ~9 ~he Public~review process ~andrfu~he ~~~~9 °"~e ~sis togethe~ wfth any of the initiai studY and any comments received that there is no substantial evtdence that the proJect wU~ have a sign'rf(cant effect on the environment. NOW, THEREFORE, B~ IT RESOLVED that the Anaheim Ciry Planning Commission does hereby g~ant subject Petftion for Conditional Use Permit, in part, upon the following conditions whic are ro sed us~ of the subject proporty ~~ order to. hareby foura~ to be a necessary prerequisfte to the p po preserve the safety and 9eneral welfare af the Citlzens of the City of Anaheim: ~. That the subJect properry shal~ be developed substantially !n a.cdrding with the p~ans and specffications submitted to :he City of Anaheim by the petitioner ao ~~°howevearthat on~YWhe the Planning Department marked ~~jb~men~apeciflca~~Y illustreted °~ ~~bits Nos. 1 through 4 monopo~e antenna and accessory eq P ' shall be permitted and that the minimum setback from Manchester Avenue shall be not less than ~.' fNe ~5) feet as required by the Zoning Code• the Cfty of Anaheim, the app~i~nt shall design an icon marker or ertry 2_ That, if requested bY e sub ect to revfew and approval by the Planning Commiss~on and tF~o rn~nttment ~n ths mono~ ~ ~ Redevelopment Commission. iM~ a ~~~ 3, That the monopole illustrated on the submitted and approved exhibits shall be pa cdor simflar to existing utl~itY Poies in the vicintty. PC96-115 -2-. ~ ~ q, That, other than the approved Ciry of Anaheim identffication sign, no signa9e~ fla9g~ b~nners or any other form of ad~brtising shal~ be attached to the proposed monopole, 'cylinder cell' antenna, accessory eq~iPment or fence enclosure. foot high block wall shall be constructed around the equipment pad area and shail 5, That a six (6) planted wfth clinging vines in compliance wfth Zoning Code requirements. g, That the owner of subject properiy shall submft a letter requestin9 termination of Variance No. 127 (to pertnit mixin9 °f Pa~nt snd a s~o~9e `~rehouse) to the Zoning DNision. 7. That Condftion No. 6~lonv Excensions for fu-ther Ume`t o mplate sa d conditioin~ma30)~ 9 n~ t h e d a t e o f t h i s r e s o i in accordance wfth Section 18.03.090 o f t he A n a h e i m M u n i c i p a l C o d e 3 5 and 1U~ g, That p~ior to flnal building a~zNnh 9~ n spections, Condition Nos. 1, 2, herein-mentioned, shail ba c~mpl ~~ ftom the date of this g That approval of this condftionnl use permn sha~~ expire five (5) y resdu.ion, on October 28~ 2001. ~p, That the proposed n~e Avenue,tasncu enUy ion flle w h the~Public Workes DePartmeM. ~ure realignment of Manc ication constkutes app~o~ of the proposed request only to the exter~t that 11. That appro~ of this aPpl othsr applicable Cfty, State ar+d n~mplies wfth the ~ ov~ doesinot ncludie a Y ace~o or flnding~ as to complianr.e a aPProval Federal regulations. App uirement of the ~equest ~egardi~9 any other app~i~ble ardinance, regulation or req BE IT FURTHER RESOLVED that the J+naheim City Planning Commisston does hereb~ fl redicated upon app~icarst's compl~nce wfth rt thereof, be and determine that adoption of th(s Resolution is express y p each and all of the conditions hereinabo~v~~tjudgment of iar y caurt of competentrJurisdict~on, then this declared invalid or unenforceable by-:• shall be deemed null and void. Resolutlon, and any approvals herein contained, THE FOREGCIING RESOLUTION was adopted at the Planning Commission meeting of October 28, 1996. ~ CHAIRMAN PRO TEMPORF, ANP.HEIM CITY FLANNING COMMISSION qT7EST: , SECRETARY, ANA EIM CITY PLANNING COMMISSION PCg6-115 ~- ~ ~ STA'TE OF CALIFORNIA ) COUNT`( OF ~RANGE ) ~• CITY OF ANAHEIM ) of the Anaheim C'~ty Pianning Commission, do here Flanni g I, Margarita Solorio, Se ss~ and adoptecS at a meeting of the Anaheim City that the foregoing resofution wa j~ by the following vote of the members thereof: Commission held on October 28, AYES: COMMISSIONERS: NONE ICK, BRISTOL, HENNINGER, MAYER, PERP.ZA NOES: COMMISSION MEgSE ,~/,,~,,~- ABSENT: COMMISSIONEFS: BOYDSTUN, ~~ day of 1~~n~%I~`''~, harxi this ~ IN WITNESS WHEREOF, I have hereunto set my -- 1996. ~~ SECR ARY, A AHEIM CITY PLANNING COMMISSIQ~N P~-115 1l-