95-194 RESOLUTION NO. 95R-194
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3789.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 76-foot high cellular monopole tower and an accessory
equipment room upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF LOT 11 IN BLOCK K OF THE
KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP
RECORDED IN BOOK 12, PAGES 87 AND 88 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 2 AND
ACQUIRED BY THE STATE OF CALIFORNIA BY DEED
RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY; THENCE ALONG THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID PARCEL
2, SOUTH 1 DEG. 32' 22" WEST 208.52 FEET; THENCE
SOUTH 09 DEG. 11' 38" EAST, 56.85 FEET TO A
TANGENT CURVE HAVING A RADIUS OF 55.00 FEET IN THE
WESTERLY BOUNDARY OF PARCEL 1 OF STATE HIGHWAY
RELINQUISHMENT NO. 693, RECORDED IN BOOK 9010,
PAGES 698 OF OFFICIAL RECORDS OF LAST SAID COUNTY;
THENCE NORTHERLY AND EASTERLY ALONG THE BOUNDARY
OF SAID PARCEL 1 OF SAID RELINQUISHMENT THROUGH AN
ANGLE OF 89 DEG. 07' 18", AN ARC DISTANCE OF 85.55
FEET AND SOUTH 78 DEG. 16' 41" EAST 10.38 FEET TO
A POINT WHICH IS ALSO THE NORTHWESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1
IN SAID DEED RECORDED IN BOOK 8063, PAGE 473 OF
OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE
NORTHERLY PROLONGATION OF THE WESTERLY LINE OF
LAST SAID PARCEL 1, NORTH 15 DEG. 58' 26" WEST TO
THE POINT OF BEGINNING; 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. PC95-116 granting Conditional
Use Permit No. 3789; 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.
AND WHEREAS, the City Council does further 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 regarding said requested waiver(s), that all of
the conditions set forth in Section 18.03.040 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
- 2 -
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3789 be, and the same is hereby, granted
permitting a 76-foot high cellular monopole tower and an accessory
equipment room on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
Section 18.61.063.012 - Minimum structural setback abutting a
freeway riqht-of-wa¥.
(25 feet required; 24 feet proposed
for cellular tower and equipment
building)
subject to the following conditions:
1. That the number of arrays, dishes and antennas shall not
exceed the quantity shown on Exhibit No. 1.
2. 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 and 2;
provided, however, that the area between the fenced enclosure
and the front property line (Coronado Street) shall be
landscaped and irrigated.
3. That prior to final building and zoning inspections or within
a period of one (1) year from the date of this resolution
whichever occurs first, Condition Nos. 1 and 2,
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.
4. 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.
- 3 -
5. That any interference of two-way radio service experienced by
existing neighboring businesses or public agencies as a result
of the monopole installation/operation, shall be corrected in
a timely manner, in accord with applicable FCC regulations and
at the expense of the petitioner.
6. That in the event the ownership of the subject property of
surrounding properties change in fulfillment of development
goals associated with the City's Specific Plan 94-1,
Development Area 1A-Recycling Overlay, within which the
subject property is located, necessary access for servicing,
repairs or inspection of the monopole site will be granted to
the petitioner by the successor landowner.
7. That this conditional use permit shall expire either (i) at
midnight on November 28, 2007, or (ii) at such time as it is
reasonably economically feasible to eliminate or reduce the
height of the monopole, whichever occurs earlier.
8. That if the antennas are ever lowered relative to their
locations on the monopole, the monopole shall also be lowered
to the new antenna height.
9. That both the monopole and the accessory equipment room shall
be removed from the site at such time as both are no longer in
operation.
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 28th day of November,
1995.
ATTEST:~ /~
CITY CLERK OF THE CITY OF ANAHEIM
9965.\LI4~NTON\November 29, 1995 -- 4 --
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-194 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 28th day of November, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Fetdhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: Zemel
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-194 on
the 28th day of November, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 28th day of November, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-194 was duly passed and adopted by the City Council of the City of Anaheim on
November 28th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM