Resolution-PC 99-91RESOLUTION NO. PC99-91
A RESOLUTIQN OF THE ANAHEIM CITY PLANNING COUIMISSION
AMENDING RESOLtJTION tVU. PC96-58 , ADOPTED IN CONNECTION WITH
CONUITIONAL USE PERMIT NO. 3837
WHEREAS, on July 8, 1996, the Planninc~ Commission adopted Resolution No. PC96-58
to approve Conditional Use Permit No. 3837 and permit roof-mounted telecommunications on an existing
o~ce building on property located at 155 North Riverview Drive; and
~VHEREAS, this property is developed with a three sfory office building in the CL (SC}
"Commercial, Limited - Scenic Corridor Overlay" zone; and that the Anaheim General Plan designates
this property for General Commercial land uses; and
WHEREAS, the petitioner (Nextel Communications) requests an amendment to this
conditional use permit under authority of Code Section 18.84.062.032 to permit addition2l roof-mounted
telecommunications equipment and a ground-mounted equipment shelter in conjunction with the existing
office building; and
WHEREAS, the City Planning Com:nission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on May 24, 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 Municipai Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendatiors ?n connection therewith; 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 following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.84.062.032 to permit additional roof-mounted telecommunications
equipment and a ground-mounted equipment shelter in ~onjunction with an existing o~ce building.
2. 7hat the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the use, as arnended, is adequate to allow full
development of the proposai in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare because the proposed antennas are on the roof based upon technical needs
for height and that the ground-mounted equipment meets all required setbacks of the underlying zoning
and is screened from view.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because there will be no
additional tra~c.
5. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, heaith, safety and general welfare of the citizens of tho City of Anaheim.
6. l'hat no one indicated their presence at the public hearing in opposition to the proposal,
and that no correspondence was received in opposition.
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CALIFORNIA ENVIRGNM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit additional roof-mounted telecommunications
equipment and a ground•mounted equipment shelter in conjunction with an existing office building located
on a 1.34-acre irregularly-shaped property located at the northwest comer of Santa Ana Canyon Road
and Riverview Drive, having frontages of 306 feet on the north side of Santa Ana Canyon Road and 360
feet on lhe westerly curved frontage of Riverview Drive, and further described as 155 North Riverview
Drive; and does hereby approve the Negative Deciaration upon finding that the declaration reflects the
independent judgment of lhe lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study a~d any ce;nments received that there is no substantial evidence that the project will have a
significant effect o~; the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC96-58, adopted in connection with Conditional Use Permit No.
3837, under authority of Code Sections 18.84.062.032 and 18.03.091 to permit additional roof-mounted
telecommunications equipment and a ground-mounted equipment shelter in conjunction with an existing
office building; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend the conditions of approval of said Resolution No. PC96-58 to add the following new conditions:
That the block wall enclosure for the ground-mounted equipment shall be texture
coated and painted to match the ex;sting office building; and tt:~at landscaping
consisting of either minimum one (1 } gallon sized clinging vines or minimum five
(5) gallon sized fast growing shrubbery shall be planted on maximum three (3)
foot centers to screen the exterior surfaces and to decrease graffiti opportunities.
Said information shali be specifically shown on plans submitted for Zoning
Div~sion approval.
That piacement of the emergency generator within any required on-site parking
spaces shall not be permitted unless emergency use is warranted, as agreed to
by the Zoning Division.
10. That any existing underground electrical conduits and cables that may need to be
relocated as a result of this project shall be relocated at the developer's expense.
Final site and electrical plans shall be reviewed and approved by the Electrical
Engineering Division of the Public Utilities Department.
11. That the legal owner of the subject property shall provide the City of Anaheim
with a pubiic utilities easement of a size to be determined as electrical design is
completed.
12. That subject property shall be deveioped substantiaily in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file wiYh the Planning Department marked Exhibit Nos. 6 through 10,
and as conditioned herein.
13. That prior to commencement of the activity herein approved, or Frior to issuance
of a building or other necessary city permit, or within a period ~~ r.:rie (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 8, 10 and 11,
above mentioned, shall be complied with. Extensions for furlher time to complete
said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Munic(pal Code.
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14. That prior to commencement of the activity herein approved or prior to final
buiiding and zoning inspections, whichever occurs first, Condition Nos. 8 and 12,
above mentioned, shall be complied with.
15. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Nii~nicipal Zor~ing Code and
any other applicable City, State and Federal regulations. Approva! does not
include any action or findings as to c~mpliance or approval of the request
regarding any ofher applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is ~xpressly predicated upon applicanYs compifance
with each and all of the conditions hereinabove set fr. rth. Shouid any such condition. or any part thereof,
be deciared invalid or unenforceable by the final juc~gment of any court of/ competent Jurisdiction, then this
Resolution, and any approvals herein conteined, shall be deemed r~Fbar~d void.
May 24, 1999.
THE FOREGOING
CHAI
ATTEST:
~~~a~U(iv OJ!!~/V"~
SECRETARY, ANAHEI CITY PLANNING CQMMISSION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
Commission meeting of
I, Margarita Soiorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meet(ng of the Anaheim City Pianning
Commission held on May 24, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT
NOES: COMMISSIOtJERS: NONE
ABSENT: COMMISSIONERS: ESPING, KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~S~ day of
~, 1999.
~iC(~~.G~tV t~0~/eLO~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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