2001-258RESOLUTION NO. 2001R-258
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2001-
04396 FOR A PERIOD OF FIVE YEARS TO
EXPIRE OCTOBER 2, 2006
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a telecommunication antenna and accessory ground-mounted
equipment on an existing electrical transmission tower upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THE SOUTH 746.66 FEET OF THE EAST 265 FEET OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as required
by law and the provisions of Title 18, Chapter 18.03 of the Anaheim
Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and after
due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2001-105 granting
Conditional Use Permit No. 2001-04396; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing and
did give all persons interested therein an opportunity to be heard
and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful COnSi-
deration of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use 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. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated Conditional
Use Permit No. 2001-04396 be, and the same is hereby, granted
permitting a telecommunication antenna and accessory ground-mounted
equipment on an existing electrical transmission tower on the
hereinabove described real property, subject to the following
conditions:
1. That this conditional use permit shall expire five (5)
years from the date of this resolution, on October 2, 2006.
2. That a maximum three (3) antenna arrays with four (4)
antennas each and a maximum one (1) microwave dish antenna shall be
located on the existing lattice tower. The placement of the three
antenna arrays on the lattice tower shall be limited to fifty three
(53) feet in height, and the microwave dish shall be limited to
forty three (43) feet in height. Said information shall be
specifically shown on plans submitted for building permits. No
additional antennas or equipment cabinets shall be permitted without
the prior approval of the Planning Commission.
3. That the antennas shall be finished and painted to match
the existing lattice tower structure. If the finish or color of the
lattice tower is modified, the antennas shall be modified
accordingly. Said information shall be specifically shown on the
plans submitted for building permits.
4. That this leased property shall be permanently maintained
in an orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of notice.
hearing.
Proposed Condition No. 5 was deleted at the public
6. That any required relocation of City electrical
2
facilities shall be at the petitioner's expense.
7. That no signage, flags, banners, or any other form of
advertising shall be attached to the antennas or to 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
Planning Department marked Exhibit Nos. 1, 2 and 3, and as
conditioned herein.
9. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 2 and 3, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
10. That prior to final building and zoning inspections,
Condition No. 8, above-mentioned, shall be complied with.
11. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim thi~J2nd d ctober
MAYO~ OF'THE C~Y OF ANA~'~IM
ATTEST:
2001.
42056.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001 R-258 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 2nd day of October, 2001, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
(SEAL)