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EXCEPT THAT PORTION THEREOF IN PUBLIC HIGHWAY ALONG THE SOUTH SIDE; 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. PC2000-93 Conditional Use Permit No. 2000-04221; 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. 4 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. 2000-04221 be, and the same is hereby, granted permitting a telecommunications monopole and accessory ground-mounted equipment on the hereinabove described real property, subject to the following conditions: 1. That the proposed telecommunications facility, consisting of one {1) "flagpole" with three (3) antennas, shall be permitted for a period of five (5) years, to expire on October 17, 2005. 2. That a maximum of three {3) panel-type antennas may be located within the "flagpole" and that the overall structure including the proposed landscape berm, shall not exceed a maximum height of sixty five (65) feet. The monopole antennas shall be completely enclosed within the proposed flagpole and shall not be visible to the public. No additional or replacement antennas shall be permitted without the prior approval of the Planning Commission or City Council. Said information shall be specifically shown on plans submitted for building permits. 3. That the proposed flagpole shall be limited to displaying the United State flag and/or California State flag measuring approximately eight (8) feet by twelve (12) feet. No signs, banners or other advertising shall be attached to this flagpole. 4. That the ground-mounted equipment shall be located behind the existing building screen wall, as not to be visible from any public right-of-way. Said screen wall shall be repainted and maintained in good condition. The cable connecting the "flagpole" to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plan submitted for building permits. 5. That the monopole shall be constructed of permanent materials simulating an authentic flagpole. The pole shall be painted silver and maintained in good, clean condition. Said information shall be specifically shown on plans submitted for building permits. 6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 7. That trash storage areas shall be refurbished to include gates constructed to City standards, as required by the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for building permits. 8. That the flag(s) proposed for the site shall be maintained in ~like new" condition. In the event that any flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately with a new flag. 9. That the height of the flagpole shall not exceed the height of the attached panel antennas at any time. If the panels are lowered, the flagpole height shall be lowered to correspond with the height of the panel antennas. 10. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 11. That the flagpole shall be up-lit from the base of the pole with sufficient wattage to illuminate the flag during hours of darkness, but not as to unreasonably illuminate surrounding residential properties; or that the flag shall be taken down every night. Said information shall be specifically shown on plans submitted for building permits. 12. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 3 of Exhibits Nos. 1 through 5, and as conditioned herein. 13. 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, 4, 5, 7, 10 and 11, 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. 14. That prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be complied with. 15. That approval of this application constitutes approval of 6 the proposed request only to the extent that it complies with the Anaheim Municipal 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. 16. That two (2) 24-inch box trees shall be planted and maintained in the front setback area to replace the two (2) trees removed as part of this request. Alternatively, the removed trees shall be relocated elsewhere at the front of the building. 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 17th day of October, 2000. MAYO~ OF THE--CITY OF ~/~AHEIM ATTEST: C OF THE CITY OF ANAHEIM 37526.1 7 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. 2000R-224 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of October, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait IN WITNESS WHEREOF, t have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of October, 2000. ClTY'CLERK ~F THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-224 was duly passed and adopted by the City Council of the City of Anaheim on October 17th, 2000. C'I'TY CLEI~K OF THE CITY OF ANAHEIM