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Resolution-PC 96-64~ ~ RESOUlTION NO. PC96~4 A RESOL.UTION OF THE ANAHE~M C~N PLANh11NG COMMISSION M1IENDING RESOLUTION NO. PC88-288. ADOPTED IN CONNECTION WITH CONDRIONAL USE PERMIT Nn. 3070 WHEREAS, on Qctober 10,1388, r'~anning Commissfon adopted Resdution No. PC88-288, amaximum structural he gh of microwave t wero ~ operty I'ocated at 301 Nort `Crescent Way~~~er of WHEREAS, the petitioner proposes a total of ~6 antennas on the existing tower; and tJ~at the submitted plan and the letter of operaUons discussed in the July 8, 1996 Staff Report to the Pianning Commissfon describe the proposal; and that no change is proposed to the existinp eqGipment shelter, WHEREAS, subject property ~s currerrtly developed wfth an industrlal buqding and a lattlce antenna suucture and Is znned. ML (llmfted Ir~ustrial) ~ arx! that tha existlng 200-foot high corr~municationc tower consists of a centra~ pr~le with a triangular framework suROU~ding it; WHEREAP;; tha City Pianning Comm(ssion did hdd a pubUc hearing at the Ctvic Center fn the Ciry of Anaheim o-,i July 8, 1996 at 1:30 p.m., notice of said publia hearing having been duly gNen as required by law and in accordance wfth the provfsions of the Anaheim Mun(cipal C,ode, Chapter 18.03, to hear arul conskler e,'vldence for and against said Proposed conditional use permit and to irnestigate and make flndings and rr,commendatbns in connectlon therewfth; and WiiEREAS, said Commission, after due (nspection, Irnesiigation ar~d study made by icself and in Rs behaif, and after dua consideration of all evklence and reports offered at sald hearing, does flnd arx! determtne f.he fdlowing facts: __ 1. - That the proposed use~ as amended, is property one for which a conditional use permft is suthorized by Anaheim Municipal Code Section 18.61.050.460 to permft additional antennas on an existing cc~mmunication tower. ' 2. That the proposed addftionai antenn~s wUl not adversely affeci the adjoining land uses and the grciwth and development of the area in which they aroe~p~poSed~t fbe fr°~t~e ~6Se~ esident~fa~~y tower is located in an industrial area and is located app Y zonrid property; 3. That the size and shape of the site Yor the praposed use is adequato to allow the full developmeM of the proposed use fn a manner not det~imental to the pantcula~ area ncr to the peace, health, safety and general welfare because the existing tower Is on an industrial parcel which is adequate in size and shape to allow the full developmeM of the existing tower and ProPosed antennas; 4. That the traffic generated by the proposed use will not Impose an undue burden upon the streets and highways desig~ed and improved to caRy the traffic {n 2he area; 5. That the grant~ng of the conditio-~al use Porm~~ ~~der the condi:lons imposed, wAI not be det~imental to the peace, health, safecy and general welfare ef the citizens of the Ciry of Anaheim; and 6. That one person Udlcat~ ^h`i~r P~s ~tiJ~ ~i~~ ~ic hearing in opposftion; and that no correspondence was received in oPP~ -1- PC96-64 CR2690DM.WP ~ _ _ ._ _._._.~.~ _.__~a.. ~ ~ ~,_ CAUFORNIA ENVIRONMEMAL QUAU ~ Y ACT FINCt1NG: That the Anahetm Ciry Planning P. Commtssion has revlewed the proposal for add~lonal antennas on an existing communtqtion tawer an~ ~ does herety flnd that the Negative Dedaration prevtously approved in connectfon wfth Condftfonal Use i Permft No. 3070 is adequate to serve as the required ernironmental documentatlon In connection with thls , request NOW, THEREFOR~, BE IT RESOLVED that the Anaheim Ctty Plannfng Cammissfon does hereby amend Resolution No. PC88-288, adopted in connection w3th subject Condittor~al Use Permlt, as follows: (a) Amend Condition No. 13 to read: 13. That subJect property shall be developed substantlally in accordance with the plan and spec~icattons submitted to the City af Anaheim by the peUUoner and which plan on file wiih the Planning Departmerrt m;~rked Revfsion No. 1 of Exhfbit No. 1. (b) Add the fdlowing new condiUons: 16. That only the antennas shown on Revis(on No. 1 of Exhibit No.1 shall be permitted on the extstfng communfcatfon tower, and that saki Exhlbft st~all supersede any prevfous exhibfts. 17. That all arrtennas shall be patMed to match the cdor of the existing tower and that no ar~tenna shall bs utilized In any way for advertisement purposes; and that the tower and aMennas shall be patnted a neutrai cdor which blends into the surrourxiing ernlronmenL 18. That prior to ftnal bunding and zoning inspecttons or wttFifn a period of one (t) year,from the date of thts resolution, whfchever occurs flrst, Condition Nos. 13, 16 and 17, abpve-mendoned, shall be complied with. E~denslons far further E:7ne to comple4e said corxlitions may be {irarrted tn accordance wit~~ Section 18.03.09p of the Anahetm Municipal Cod 19. That approval of this applicatlon constftutes approval of the proposed request oNy to the exter~t that ft compltes with the Anaheim Municfpai Zoning Code and any other applicat~le Ciry, State and Federal regulations. Approval does not include any action or flndings as to compllance or approval Qf the request regarding any other applicable ordinance, regulation or requlremerrt. BE IT FURTHER RESOLVED that the Anahe(m City Planning Commission does hereby ftnd and determine uiat adoption of this Rosolution is expressly predicated upon appli~M's complfance wich each and all of the condiUons hereinabove set fath. Should any such condftlon, or any par4 thereof, be dedared Irnalld or ~neMorceable by the flnal Judgmerrt of any court of competeM jurisd(ctlor9, then th(s Resolutton, end any approvals herein conta(ned, shall be deemed null and void. THE FOREaOING RESOLUTION was adopted at the Planning Commission meeting of July 8, 1996. /"'~ CHAIRMAN, PRO TEMP E ANAHEIM CIN PLANNI COMMISSION ATTEST: SECRETARY, EiM CITY PLANNING COMMISSION -2- PCS6-64 ~ ~ STATE OF CALIFORNIA ) COUNT°f OF ORANGE ) ss• CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary of t{~e Anahefm City P~annfng CommissiQn, do hereby certffy that the foregoing resolution wae fdlo~na ote o th amembers hereofe ~hefm Cfty Planning Commi3sion held on July 8, 1996, bY 9 AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BAISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITN~SS WHEREOF, I have hereurdo set my ha~d this ~'J ~ day ~~~ ,~. ~ ~-Qo~ SECREPARY EIM CITY PIANNING COiVIMISSION ~- PC9664