Resolution-PC 98-182RESOLUTION NO. PC98-182
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4071 BE GRANTED FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH RANGE 10 WEST, SAN
BERNARDINO BASE ANb MERIDIAN IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 9, 1998 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the p~~visions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for ar?d against said proposed conditional use permit and ta
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itse~f and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized hy
Anaheim Municipal Code Section 18.61.050.460 to construct a forty (40) foot high monopole for two (2~
microwave dish antennas (eight (8) foot diameters).
2. This property is developed with an industrial building (Southern California Gas Cornpany)
in the ML (Limited Industrial) Zone; that the Anaheim General Plan designates this site for Business
Office/Service/lndustrial land uses; and that th(s property is located fn the Anaheim Stadium Area for
which an environmental impact report and master land use plan, including design standards, are currently
being prepared.
3. That the proposed use will not adversely affect adjoining land uses and the growth and
development of the area in which it is proposed to b~ located.
4. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to tho particufar area nar to the peace,
health, safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general weifare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
cr3479PK.DOC -1- PC98-182
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDlNG: That the Anaheim City
Planning Commission has reviewed the proposal to construct a forty (40) foot high monopole for hvo (2)
microwave dish antennas (eight [8] foot diameters) on a 17.39 acre rectangularity shaped property located
at the northwest corner of Gene Autry Way and State College Boulevard, and having fronfages of 585 feet
on the north side of Gene Autry Way and 610 feet on the west side of 5tate Coilege Boulevard (1919
South State College Bouievard - Southern California Gas Company); and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration togelher with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit for a period of five (5) years, upon the
following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the safety and general welfara of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) monopole and two (2)
microwave dish antennas, shall be permitted for a period of five (5) years, to expire on November 9,
2003.
2. That a maximum of two (2), eight (8) foot diameter, microwave dish antennas shall be located on
the monopole and that the overall structure shall not exceed a maximum height of forty (40) feet.
No additional or replacement antennas shall be permitted wiLhout the approvai of the Planning
Commission.
3. That no signs, flags, banners or any other form of advertising or identification shall be attached to
the proposed monopole and/or array structure.
4. That the microwave antennas shall be painted light gray to blend with the sky and the monopole
shall be constructed of wood or painted brown to blend with, and match, nearby t2lephone poles.
5. That the height of the monopole shall not exceed the height of the attached microwave dish
antennas at any time. If the dish antennas are lowered, the monopole height shall be !owered (or
removed) to correspond with the height of the dish antennas.
6. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the Cily of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
7. That any necessary relocation of existing electrical facilities or street lights shall be at the
petitioner/developer's expense.
8. That prior to commencing construction of the use, proof of the legal non-conforming status of the
existing telecommunications tower, monopole and antennas shall be submitted to the Zoning
Division. in the event that legal non-conforming status cannot be determined, appropriate
entitlements shall be obtained prior to constructiori of the subject monopole and microwave dish
antennas.
y. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable City, State and Federai
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulatfon or requirement.
10. That prior to final building and zoning inspections, Condition Nos. 4, 6 and 8, above-mentioned,
sheli be complied with. Extensions for further time to complete said cunditions may be granted in
acCOrdance with Section 18.03.090 oi the Anaheim Municipal Code.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upnn applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court oF competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of
November 9, 1998.
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HAIRP SON PRO-TEMPOR ,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CIN PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF QRANGE ) ss. _
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 9, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONER~: SRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~--5" day of
"'~~~~~-1998.
m s~u.~. ~e~.-~._~''~-~` Jc'~/
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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