2002-011RESOLUTION NO. 2002R-11
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 2001-
04404.
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 certain real property situated in the City
of Anaheim, County of Orange, State of California, described as-
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 225 PAGES 1 AND 2 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; 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. PC2001-158 granting
Conditional Use Permit No. 2001-04404 for a period of five years
only; 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 hold and conduct such public
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports, and
did consider the same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and
all evidence and reports offered at said public hearing before
the City Council, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons-
1. That the proposed use would adversely affect the
adjoining land uses in that the size and scale of the bell tower
would be out of proportion with the existing single-story church
and would adversely affect single family residential land uses by
creating a negative visual impact in the vicinity;
2. That the size and aesthetics of the bell tower would
overcome and dominate the location of the proposed use and would
therefore be detrimental to the development and growth of the
area;
3. That the proposed telecommunications facility is
contrary to City goals regarding the concealment of such
facilities from public view by using existing or proposed
architectural features that complement the site and surrounding
area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said conditional use permit be, and the
same is hereby, denied for the reasons hereinabove specified, and
that the request of said applicant to permit a telecommunication
antenna and accessory ground-mounted equipment on the hereinabove
described real property be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of January,
2002.
MAYO~ OF THE ~ITY OF ANAheIM
ATTEST -
CIT% hLER~ OF ~HE CITY OF ANAHEIM
43268.1
-2-
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. 2002R-11 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 8th day of January, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Feldhaus, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
Tait, Kring
ABSENT: MAYOR/COUNCIL MEMBERS: None
cr~I'Y CLERk, OF THE CITY OF ANAHEIM
(SEAL)