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2001-274RESOLUTION NO. 2001R-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04411 FOR A PERIOD OF FIVE YEARS TO EXPIRE ON OCTOBER 23, 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 upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE EAST 265 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF THE STRIP OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 5, 1959 IN BOOK 4961, PAGE 395 OF OFFICIAL RECORDS, AS CORRECTED BY DEED RECORDED NOVEMBER 27, 1959 IN BOOK 4991, PAGE 341 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE EASTERLY 265 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH RANGE 11 WEST, IN THE RANCHO LOS COYOTES AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 211 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING NORTHERLY OF THE NORTHERLY LINE OF THE STRIP OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 5, 1959 IN BOOK 4961, PAGE 395 OF OFFICIAL RECORDS, AS CORRECTED BY DEED RECORDED NOVEMBER 27, 1959 IN BOOK 4991, PAGE 341 OF OFFICIAL RECORDS; 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. PC2001-128 granting Conditional Use Permit No. 2001-04411; 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 consideration 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. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated Conditional Use Permit No. 2001-04411 be, and the same is hereby, granted permitting a telecommunication antenna and accessory ground-mounted equipment on the hereinabove described real property, subject to the following conditions: 1. That the proposed telecommunication facility, consisting of three (3) panel antennas and one (1) microwave dish antenna, shall be permitted for a period of five (5) years from the date of this resolution. 2. That only three (3) panel antennas and one (1) microwave dish antenna may be located on the existing tower. The placement of the three (3) panel antennas on the lattice tower shall be limited to sixty two (62) feet in height, and the microwave dish shall be limited to seventy two (72) feet in height. Said information shall be specifically shown on the 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 flush-mounted and 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 the accessory ground-mounted equipment shall be enclosed within a stucco structure with tile roof as depicted on Exhibit No. 5 submitted by the applicant. Said information shall be specifically shown on the plans submitted for building permits. That the 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 occurrence. 6. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or the transmission tower structure. 7. 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 No. 5 and Revision No. 1 of Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. 8. 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, 3 and 4, 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. 9. That prior to final building and zoning inspections, Condition No. 7, above-mentioned, shall be complied with. 10. 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 this 23rd day of October, 2001. MAYtR~OF THE CITY OF AHEIM ATTEST: C~OF THE CITY OF ANAHEIM 42306.1 4 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-274 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd 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 ~,, , ~ ~THE CITY OF ANAHEIM (SEAL)