Resolution-PC 97-100~.` ~
RESOLUTION NO. PC97-100
A ncShc:J717N OF TNE ANAFiElA4 CITY PLANNING COMMISSION
'1'HAT P"-•"'-!CT! FOR CONDIrIQ!~!AL USE PERMf~ N0. 3950 BE GRANTED
, N1HEF~Es>S, Y:~~~; ..'•:nah~ :Y. +:•i:~ :''ianning Commission did receive a verified Petition for
Cor.~+.3~.? ~a! l1s~ Pe=r~:`` ~~.. ~~+:~a"~ ~`h ~~r~PenY sftuated in the Cfry of Anaheim, County of Orange, State
of Calff~>>~la, descrila::` ._
MISCELLANEOUS MAPS, N THE OFFICE OFC HRE COUNTY RECORDERGO SAID
COUNTY.
WHEREAS, the Ctiy Planning Commission did hold a public hearing at the CNic Center
in the C'ity of Anaheim on July 21, 1~7 at 1:30 p.m., notice of said public hearing having been duly given
as required by iaw and fn accordance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permft and to investigate and
make findings and rFCOmmendations in connection therewith; and
WHEREAS, said Commission, after due inspection, invest(ga!ion and study made by itself
and In fts behalf, and after due considerat(on of all evidence and reports oHered at said hearing, does find
and determfne the following facts:
~. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.460 to retain and modify a legal nonconforming celluiar
telecommunications monopde antenna.
2. That ihe existing monopote was installed in 1991 (prior to currant Code requirements for
a conditional use permft) wRh Zon(ng DNision approval and building permfts, but that this request to
modffy the monopole exceeds fts cuRent Iegai nonconforming status and requfres approvai of a conditional
use permit;
3, That the proposed ~se will not adversely affect the adJolning land uses and the growth and
development of the area in which ft is proposed to be located;
4, That the size arxl shape of the site for the proFosed use is adequate to allow full
development of the proposed use in a manner not detrfinental to the particular area nor to the peace,
health, safery and general welfare bec~'~se su6jact monopole is located in an industrial araa and is not
near any residential propertfes;
5, That the traffic generated by :he proposed use will not (mpose an undue burden upon the
streets and F~ighways designed ar~ improved to carry the traffic in the area;
g, That the granting of the condftional use permit, under the conditions imposed, will not be
detrimental to the peace, heai'`i, safety and general welfare of the cftizens of the City of Anaheim;
7. That the he(ght of the monopole is less than the maximum permitted in the underlying
zoning and the proposed mod~cation of the southeast antenna a~ray brings the structure into confo; mance
with Code since ft would no longer extend over adjacent Qroperty to the east;
_~ _ PC97-100
CR2965PLWP
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8. That the replacement and addftion of antenna panels is a minor modffication to the
monopole and is likefy to go unnoticed by those who see the structure; and
9. That no one (ndicated their presence at the public hearing in opposRion; and that no
correspondence was receNed fn opposftion to the subJect petftion.
CA~IFORNIl~ ENVIRONMEPJTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain and mociif}r a legal nonconforming cellular
telecommunications monopole antenna located on a 025-acre rectangularly-shaped parcel having a
frnntage of 60 feet on the south side of Orangefair Lane, a maximum depth of 178 feet, and being located
196 feet west of the cantedine of Raymond Avenue (1110 East Orangefair Lane); and does hereby approve
the NegatNe Deciaration upon finding that the declaration reflects the independent judgement of the lead
agency and that it has considered the Negativa Declaration together with any comments received durinc~
the public review process ar-d further flnding on the basis of the initial study and any comments received
that there is no substantial evidence that the praJect will have a sign~icant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditio~s which are hereby
found to be a necessary prerequisfte to the proposed use of the subject property in order to preserve the
safery and general welfare of the Chizens of the Ciry of Anahefrn:
1. That the cellular telecommunfcation facility is approved for a period of five (5) years, to exp(re on Juiy
21, 2002.
2. That only three (3) antenna arrays wfth a total of four (4) antennas, one (1) foot by four (4) feet, may
be located on the monopole at a maximum height of sixty one (61) feet, as shown on Exh(bfts Nos.
1 through 4. No additional antennas shall be permitted wfthout the prior approval of the Planning
Commission.
3. That the monopde structure shall be pa(nted to blend with, and match, the surrounding structures
and sky.
4. That no signage, flags, bannors, or any other form of advertfsing shall be attached to the proposed
monopole and array structuro.
5. That subject property shall be developed substantially in acr,ordance with plans and specificat(ons
submitted to the City of Anaheim by the petitioner, and which plans are on file wfth the Planning
nepartmeni rrarked Exhibfts No. 1 through 4, and as condftioned herein.
6. That the height of the monopole shall not exceed the height of the attached antenna arrays at any
time. If the arrays are lowered, the monopole height must be reduced (removed) to correspond with
the height of the arrays.
7. Th~~i prior to final bi~!!ding and zoning inspections or within a period of one (1) year from the date
of this resolution, whiche~ier occurs ftrst, Condftion Nos. 2, 3 and 5, above-mentfoRed, shali be
compifoci wfth. Extensions for further time to complete said condftions may be granted fn accordance
wfth Section 18.03.090 of the Anaheim Municipal Code.
S. That approval of this applicatfon constftutes approval of the proposed request only to the extent that
it complies -vfth the Anaheim Municipal Zon(ng Code and any other applicabie City, State and Federal
regulatfons. Approval does not indude any ~ction or Mclings as to compliance or apprnval of the.
request regard(ng any other applicable ordinance, regulat(on or requirement.
_2_ PC97-i 00
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby flnd
and determine that adoption of thfs Resduiion 1s expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invaUd or unenforceable by the flnal Judgment of any court of competent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 21, 1997.
`7 ~_ ~r i ~, ~ ~ -
rHAIRPERSON ANAHEIM CITY PIJ~NNING COMMIS510N
ATTEST: , ~
I G~6~'
SECRETARY, ANA IM CITY PLANNING COMMISSION
STA't'~~ OF i:~A!_~~ORNIA )
C~tl~,'7Y CZF G~P~NGE ) ss.
l:iT'f. ~r= `C;;tEA;-1E~nA )
I, Ma•garita Sdorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certrfy
that the foregoing resolution was passerJ and adopted at a meeting of the Anaheim City Pianning
Commission he~d on July 21, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZP.
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 5~ day of ~l.~U U ~
1997.
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SECRETARY, AN HEIM CITY PLANNING COMMISSION
,3_ PC97-100