Resolution-PC 96-84~ ~
RESOLUTION NO. PC96-~4
A RESOLUTION OF THE ANAHEIM CITY PLANNtNG COMIVI~SSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3860 BE GRPJJTED
WHEREAS, the Anaheim Clty Planning Commission did recefve a vertfied Petftion for
Cor~dftionai Use Permit for certa~n roai property sftuated in the City of Anahe~m, Cou~y of Orange, State
of Califomia, described as:
THOSE PORTIaNS OF LOTS 1, 6/iND 7 OF TRACT NO. 925. ~N THE CITY OF
A~~IAHEIM, COU9dTY OF ORANGE, STATE OF CAIJFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 29, PAGES 42 T6 44 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, AND TfiA'f PORTION OF THE THIRD
CLASS IAND ALLOTTED TO R.G. DE U1 RIVA IN THE FlNAL DECREE O~
PARTITION OF THE RANCHO CANYON DE SANTA ANA, CASE NO. 1978 QF
THE 17TH JUDlCIAL DISTRICT, RECORDED FEBRUARY S, 1874 IN BOOK 28,
PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES fAUNTY, CAUFORNIA,
DESCRIBED AS FOLI.OWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 6 OF PARCEL
MAPS, !N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COl'.NTY~
CAUFORNIA
EXCE~I'ING THEREFROM THAT PORTIUN THEREOF INCLUDED WITHIN THE
UWD DESCFiIBED IN DEED TO ORANGE CAUNTY FLOOD COM'ROL DISTRICT,
A BODY CORPQRR'TE M1D POLITIC, RECORDED JULY 15, 1976 IN BOOK
11812, PAGE 330 OF OFFICIAL RECARQS.
WHEREAS, the Ciry Planning Commisston dfd hdd a publ~ hearing at the CNfc Center
in the Ciry of Anaheim on August 19, 1996 at 1:30 P•m., natice of sakl publ(c heari~9 ~`~~9 ~n duly
gNen as requlresi by law and In accordance with the provislor-s of the Ana~nb~tc~ ~~8~ a~Ptto
18.03~ to heat and consfder evidence for and agafnsc said proposed
irnestigate and make 8nd~ngs and rec~mmendations (n connectlon therewfth; and
WHEREAS, sakl Commisslon, after due inspectfon, irnestigatlon and studY made by ftself
and (n fts behaif, and atter due c:onsideration o# all evidence and raporta offered at said hea~ing, does flnd
and detertnine the fdlowing facts:
1. That th~ proposed use is properly one for which a condft~ona~ use PeRnh is authorized by
Anaheim Municipal Code Section 18.110.100.050.051/ to permft a 55 foot high monopole communicati~n
ardenna and accessory equipmeM wfth waiver of the fdlowing:
,~,g~tion~ 18.41.063.030 - Minimum setback f~om Inte~lar ~rooertv ~~nes• ul ment
~nd t8110.400.09Q (1Q~8. n~ Ime~ ~~ary Iines required; accessory eq P
cabinets proposed ,~~I n~ ~~h PfO~~ Ilne)
2. That there are specia~ circumstances applicable to the property~ co~sisti~9 0~ ~ 1O~tion
and surroundings because the iMerior lot Iine is adjacent to the Santa Ana RNer wh~h is PermaneM open
space,
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CR2716DM.WP
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3. That sMct application of the Zoning Code depcNes the properry ofi prNile9es en)uyed "oy
other properties under identical zoning dassiflcation in the vicinfry;
4. That subJect property is located in Developmoni$Area~5 ~Co~ f~ ~~~ ~~ o~~ ~Puse
No, 94-1 'Nonheast Area Specffic Plan" ai-d the proposed
permft Is authorized by the Zoning Code:
5. That the proposed use will not adverseiy sifect the adjolnirtg land uses and the growth and
developmert of the area (n which ft is proposed to be located~
6.' That the size and shap~ of the site for the proposed use is adequate to allow the tuli
development oF the proposed use in a manner not detrimental to th~ particular area nor to the peace~
health, safety, and general wethare;
7. That 4he traffic generated by the proposetl use wp~ not ~mPose an undue burden upon the
streets and highways designed and improved to carry the traffic fn the area;
8. That the graMing of the condftional use Permit, under the c~ndftions im~oosed wlll not be
detrimental to the peace, hesslth~ eafety end goneral weltare of the cftizens of the l%ItY of Anaheim; and
g. That no one indicated their presence at satd publ~ hearing In opposftton~ and that no
correspondence was receNed in oppositbn to the subject petitlon.
c'AUFORNIA ENV~RONMENTAL QUA~!'~ ACT FINQING: That the Maheim Cfty Planning
Commission has reviewed the propQSal to pertnft a 55-foot high monoPole I~~ ana ~uia 8 shaa~
accessory e4ufixnant wfth waNer of m(nimum set` _c~: nom inte~ior ro ~'~Y ~~tel ~ feet on the
parcel of larsd consisting of approximately 8.78 a_. >~~nb a~a~fle d appr Y
south side of la Palma Avenue, having a maximum depth of a~;-roximately 780 feet, being located
Palma Avenue; and d s hereby pprove the Negat~e DedaraUonyuPon fl~dlr~g that hededarat onEreeflects
the independent judgement of the ~ead agency and that R hes considered the NegaWe Declaratlon
of the lnftial study a any comments ~rece~ed that there is no substant evidence that the pr Ject wi I
have a signiFlcant effect on the ernironmerrt.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does
hereby grant subjecc Petitfon for Conditional Use Permft~ upon the fdlowing conditions which are hereby
found to be a necessary (xerequistte to the proposed use o~ the subJect property ~n order to preserve the
safety and general welfare of the Citizens of the City ~~heim:
1. That only those antenna arrays shown on F~chibits Nos. i through 5 shali be permtttsd ~n conlunction
wfth this condftional use perm~.
2. That the communlcaUon monopole shall be app~ed for a Period °f fNe (5) Years, ta expire on
August 19, 20()1.
3. That subject property shal~ be de~eloped sub~ 8 aY~ ~~h~p a s arehon ~le wfth th~e Plantning
submitted to the Gfry of Anaheim by the pe ~8 ~,5 foot
Department marked Exh~bit Nos.1 through 5; pra~ided~ howaver, that the proposed flfty ()
high monopole communication aManr~-i shall be mauMed on a N'ooden pole that blenda In wfth the
existing power transmission pdes•
4. That prlor to final buAding and zoning inspect(ons or tirlthin a period of one ~~) Year from t a Wfth
of this resolution, wh~chever occurs Hrst, Condition No. 3, above-mentioned. ~~ ~e ~a
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Extenstons for further dme to ~omplete said cor~ditions may be 9raMe~ 'or~ance ~"'nh Section
18.03.090 of the Anaheim A4unicipal Code•
5. That approval csf this application canstitutes epproval of the proposed request only to ihe ;axtenrt that
ft complies with the Anahelm Municipal Zoning Code and any other applicable City, State ~nd Federal
regulations. ARproval does not Include any action or flndings as ta ~mpliance or approval af the
request. regarding any other applicable ordinance, regulation or requirentierrt.
BE IT FURTHER RESOLVED that the Anahetm Cfty Planning Commission dnes hereby flnd
and determine that adoptlon ot thts Resolutton is expressly predlcated upon P•pplicant's comrt therCeofWbe
each and ali of t.he conditions herelnabove set forth. Shouid any such cor~ft~on, or any pa
dedared irnall~ or unenforceable by the flnal Judgme~t of any court of cx~mpeteM Jurisdiction, then this
Resolutian, and any approvals herein contained, shall be deemed nult and vokl.
THE FOREGQING RESOLUTION was adopted the Planning ~Commission meeti~g of
August 19, 1996•
CHAIRMAN l~NANEIM CI PLANNING COMMISSION
A'fTES ~ • C~~
/
1(l.(,(~t~ .;
SECREiARY, AF;cfM CITY PLANNING COMMISSION
STATE. UF CAUFORNIA )
COUMY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarit~ Sdo~lo, Secretary of the Anahefm Ctty Planning Commission, do t~ereby certifY
that the foregoing ~esdutlon wsis {~ssecf and adopted at a meeting of the Anaheim Ciry Planning
Commission held on August 19, 1396, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICS(, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERA7J~ ~
IN WI7NESS WHEREOF, I have hereunto set my hand this ~daY of ~~'~~
1996. .
SECRETARY, E!M CITY °LANNING COMMISSION
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