Resolution-PC 96-58;-i;.
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RESOLUTION P,n. PC96-58
A RESOLUTION OF THE ANAHEIM CITY PI~WNING COMMlSSION
THAT PErITION FOR CONDiTIOhIAL USE PERN4IT NO. 3837 BE GRANTED
~:~FIERFAS, the Anaheim City Planning Commisston d(d receNe a ve~i~ed Petitton for
Conditional Use Permit for certain real properry sftuated in the City of Anaheim, CouMy of Orange, State of
CaliFomia, desc~ibed as:
PARCEL A: PRRCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CkLIFORNIA, AS SHOWN ON TFln~'vERTAIN'LOT LINE ADJUSTMENT PLAT
NO. 138' RECORDED AUGUST 7, 1985 AS INSTRUMENT NO. 85-292477 OF
OFFICIAL RECORDS OF ORA~iGE COUNTY, CAUFORNIA
WHEREA~, the Giry Planning Commission dkl twld a public hea~ing at the Civic Center in
the Ciry of Anahefm on May 29, 1996 at 1:30 p.m., notice of said public hearing having been duly give~ as
required by law and in accordan~e wfth the provisions of the Anahefm Municipal Code, Chapter 18.03, tc
hear and consider evidence for and against sa(d proposed conditlonai use permit ar-d to investigate and
make fir-di~gs and recommerxlations in connectio~ therewith; and that said public hearing was continued
to the July 8, 1996 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by ftself
and In its behalf, and after due consid~ration of all evidence and reports offered at said hearing, does f'rtd_
and determine the following facts:
1. That the proposed use is propedy one for whfch a conditionai use permit is authorized by
Anaheim Munlcipal Code Sectio~ 18.84.062.032 to permit roof mounied telecommunications equipment on
an existing office building.
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
developm~nt of the area in which ft is proposed to rse located because k has been found that screened, roof
maunted equipment has a minor visual impact compared to the altemat(ve of placin~ the equipment on a
highty visible monopole;
3. That the size and shape of the sfte for the proposed use is adequate to allow the fuil
development of the proposed use in a manner not detrimentai to the particular area nor to the peace, health,
safety, and general ~velfare;
4. That the traffic generated by the proposed use will rrot imf;ose an undue burden upon the
streets ar~d hig~hways designed and improved to carry the traffic in the area;
5. That the granting of the conditional use pennft, under the conditions imposed, will not be
deirimenial to the peace, health, safery and general welfare of the citizens of the City of Anaheim because
design modifications were made to the criginal proposal; and
6. That no one indicated their presence at said public hea~ing in opposRion; and that no
correspondence was received in opposition to the subject petftion.
CR2684DM -1- PC96-58
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CALIFORNIA EM/IRONMENTAL ~UAUTY ACT FINDING: The Planning D~rector's
suthorized represeMatNe i~as detertnined that the propased project falis wfthin the deHnition of Categorical
Exemptions, qass 11, as deflned fn the State EIR G~idelines and is, therefore, categorically exempt ftom
the requlrement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED 4hat the Anahefm City Fianning Commisston does
hereby grant subject Petition for Conditional Use Pertnit, upon the f~llowing conditions which are hereby
found to be a necessary prerequislte to the proposed use of the subJect properry (n order to preserve the
safety and general welfare of the Citizens of the Ctry of Anaheim:
1. That the block wall endosing the ground mounted equfpment shall be pianterl wftl~ either clinging vines
or fast g~owing shrubbery to screen the exte~lor surface and to decrease graffiti opRortunities.
2. That thc~ placement of the emerger+cy generator shall be prohibited wfthin any on-site parking spaces
u~less emergency use is warrantod.
3. That any exfs ~;ng underground electricai conduits and cables that may need to be relocated as a result
ofi this proJect stiall be relocated at the developers expensa. Final site and electrica! plans shall be
reviewed and approved t,y the Electrlcal Engineering Division of the Utilit(es Department.
4. That subJect pr~peRy shall be developed substantially in accorclance wfth pians and specffications
submitted to the City of Anaheim by the petftioner and which plans are on Hle with the Piannfng
Department marked Revts(on No. 1 of Exhibit Nos. 1 through 5.
5. That prior to issuance of bu!lding permits or within a~~eriod of one (1) year from the date of this
resolution, whtchever occurs flrst, Condition Nu. 3, aoove-mentioned, shall be complied with.
Extensions for further time to complete safd condftions may be granted in accordance wfth Section
18.03.090 of the Anaheim ~Aunicipal Code.
6. That prior to flnal bullding and zoning inspections, Condition Nos. 1 and 4, above-mentioned, shall be
complied with.
7. T(iat approval of thls applicatfon constitutes appro~~al of the proposed request o~ly to the extent that
ft complles wfth the Anaheim Murdcipai Zoning Gode arx~ any other applicable Citv, State and Federal
regula~ions. Approval does not Include any action or findings as to compliance or approval of the
roquest' regarding ~ny other applicable ordinance, re9ulation or requirement.
BE IT FUR7HER RESOLV~D that the Anaheim Ciry Planning Comrnissf~m does hereby find
and determine that adoption of this Resolution fs expressly precficated upon appl(c:,~Ys compliance wRh
each and all of the conditions herefnabove set forth. Shauld any such condition, or any part thereof, be
declared Invalid or un~nfnrceable by the ftnal Judgment of any court of compeient Jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed nuli and vo~:f.
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THE FOREGOING RESOLUTION was adopted at the Planning Commisston meeting of
July 8, 1996. ~ ~/'/
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CHAIRMAN, PRO TEMPOR
ANAHEIM CITY PLANNIN COMMISSION
ATT~5T:
SECRETA , AHEIM CITY PIANNING COMMISSION ,
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solo~io, 56cretary of the Anaheim Ciry Planning Commissfon, do hereby certffy
that the foregoing resoiution was passed an~ adopted at a meet?rig of the Anaheim City Planning
Commisslon held on July 8, 1996, by the followirzg vote of the ~:'iembers thereoi:
AYES: COMl,~ISSIONERS: ~OSTWICK, BOYDSTUN, BRIST4! , HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNE~S 1NHEREOF, I have hereunto set my harid this c~f3~ day of ~~
1996.
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SECR AR , ANA EIM CITY PLANNING CrJilANiiSSION
CR2:i84DM -3- PC96-58