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Resolution-PC 99-220RESOLUTION NO. PC99-220 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 4165 BE GRANTED, IN PART, FOR FIVE (5) YEARS UNT{L DECEMBER 6, 2004 WHEREAS, the Anaheim C'!y Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of Califomia, described as: THE SOUTHERLY 17~.00 FEET OF LOT 4 IN BLOCK 13 OF THE SUBDIVIS~JN OF THE SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., AS PER MAP RECORDEQ IN BOOK 1, PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planniny Commission did hold a publfc hearing at the Civic Center in the Ciry of Anaheim on December 6, 1999 at 1:30 p.m., notice of said public hearing having been duly . given as required by law and in accordance with the provisions of the Anaheim NiuniciNal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewlth; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the proposed use is properly one for which a. conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.125 to permit telecommunication antennas on an existing electrical transmission tower with waiver of the following: Section 18.04.060.040 - Minimum landscaoe reauirements. 2. That the waiver is denied on the basis that it was determined not to be necessary following public notification. 3. That the proposed use, as approved, wili not ar~ =rsely affect the adjoining land uses and the growth and development of the area in which it is proposed to be loca2ed. 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 5. That the tra~c generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffc in the area. 6. That granting of this conditional use permit, under the randitions imposed, will not be detrimental to the peace, health, safety and general weifare of tlie citizens of the ~ity of Anahe(m. 7. That no one indicated their presence at the public hearing in oppositi~n to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALiTY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit telecommunication antennas on an ex(sting electrical transmission tower with waiver of minimum landscape requireme~ts on a 5.02-acre ractangularly-shaped property located on the south side of Audre Orive between N(nth Street and Walnut CR3829PK.DOC -1- PCA9-220 Street, having frontages of 175 feet on the east side of Ninth Street, 1,232 feet on the south side of Audre Drive and 175 feet on the west side of Walnut Avenue, and further described as 1200-1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street (Southem Califomia Edison Easement); and does hereby approve the Negative Declaration upon finding that the decl~ration reflects the independent judgment of the iead agency and that it has considered the SJegative Declaration together with any comments received during the public review process and further find~ng on the basis of the iniGai 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 Conditianal Use Permit, in part, upon the following conditions which are hereby found to be a necess~ry prerequisite to the proposed use of the subject property in order to preserve the safety and gene~al waifare of the Citizens of the City of Anaheim: 1. That subject use permit shall expire five (5} years from the date of this resolution, on December 6, 2004. That a maximum of three (3) antenna arrays with four (4) antennas each may be located on the existing tower and a maximum of one ;1) GPS-type antenna shall be located on the proposed accessory ground-mounted equipment. The piacement of the two antenna arrays on the lattice tower shall be limited to fifty six (56) feet fn height and the maximum height for one of the antenna arrays shall be sixty fire (65) feet; and that the equipment, consisting of a total of seven (7) equipment cabinets, shall be placed directly at the base of the tower, and surrounded by an eight (S) foot high wrought iron fence. Said information shail be specifically shown on plans submitted for City of Anaheim permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission. 3. That the antennas shail be finished and painted to match the existing lattice tower structure. If the finish or color of lhe lattice tower is modified, the antennas shall be modified accordingly. Safd information shall be specifically shown on plans submitted for Ciry of Anaheim permits. 4. That final plans shali be submitted to the Zoning Division of the Planning Department specifying existing and proposed fencing and landscaping for the areas adjacent to Walnut Street where the accessory ground-mounted equipment and GPS-type antenna may be visible. Said plans shall include adeq~ate fencing and landscaping to thoroughly screen the proposed equfpment location and shall be submifted to the Zoning Divisfon fcr review and approval by the Planning Commfssion as a"Reports and Recommendations" item. This information shail be specifically shown on plans submitted for City of Anaheim permits. 5. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the eiectrical design is completed. Safd easement shall be submitted to the City of Anaheim prior to connection of electrical service. 6. That any required relocation of City of Anaheim etectrical facilities shali be at the developers expense. 7. That no signage, flags, banners and/or any other form of advertising shali be attached to the antennas or the transmission tower structure. 8. That subJect property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Plann!ng Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 9. That prior commencement of the activity herein approved, or prior to issuance of a Ciry of Anaheim permit, or withfn a period of one (1) year from the date of this resolution, whichever occurs frst, Condition Nos. 2, 3 and 4, above-mentioned, shall be compliad with. -2- PC99-?20 10. That prior to final ~uilding and zoning inspections, Condition Nos. 5 and 8, above-mentioned, shall be complied with. ~ 11. That ap~roval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations: Approval does not include any action or findings as to compliance or app; oval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and dstermine that adoption of this Resolution is expressly predicated upon applicanYs compiiance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be dec(ared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nuli a d void. ' THE FOREGOING RESOLUTfON as a opted e I nn' g Commission meeting of December 6, 1999. •i ~, ~ ~l' ~" CHAIRPER ON aOTEM ORE, ANAHEIM CITY PLANNING COMMISSION ATfEST: K~ ' SECRE ARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNN OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 6, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KOOS, BOYDSTUN IN WITNESS WHEREOF, i have hereunto set my hand this ~~ da of , 2000. y. ar'~!~ '~~.~ ECRE ~ Y, ANAHEIM CITY PLANNING COMMISSION