Resolution-PC 2009-102RESOLUTION NO. PC2009-102
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2004-04921 (TRACKING NO. CUP 2004-04921A)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 2004-142
(DEV2009-00024)
(1421 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2004-04921, to modify or delete a condition of approval
pertaining to a time limitation to retain a previously-approved telecommunication facility
disguised as a cross); pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code
for certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, on November 14, 2005, the Anaheim City Planning Commission
adopted Resolution No. PC2004-192 to permit a telecommunication facility (disguised as a
cross) and;
WHEREAS, this property is currently developed with Prince of Peace Lutheran
Church and school and is located in the T (Transition) zone and the Anaheim General Plan
designates this property for medium density residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 26, 2009, at 3:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed amendment and to investigate and make findings and recommendations in 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. The facts necessary to support each and every finding for the original approval of
the entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved.
3. The permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health, safety and general welfare as there
have not been any code violations on this property.
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4. With regard to the deletion of a time limitation, this is determined appropriate
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area, and the review of the use is no longer necessary.
5. The existing use at the time of approval was properly one for which a conditional
use permit was authorized by the Zoning Code.
6. This use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located as the facility has been operating in conformance
with all conditions of approval and there have been no code violations on the property.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and
safety as the facility has been operating in conformance with all conditions of approval and there
have been no code violations on the property.
8. The traffic generated by the existing facility will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area as the
facility has been operating in conformance with all conditions of approval and there have been
no code violations on the property or complaints of parking or traffic impacts.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve the proposed amendment
to Conditional Use Permit No2004-04921 to delete a condition of approval pertaining to a time
limitation as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2004-142 adopted in connection with Conditional Use Permit
No. 2004-04921, to delete the time limitation and to read as shown in Exhibit "B" attached
hereto and incorporated herein by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health
and safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
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