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2001-257RESOLUTION NO. 2001R-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04363 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 telecommunications antenna with accessory ground- mounted equipment upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 5 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. PC2001-90 granting Conditional Use Permit No. 2001-04363; 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. 2001-04363 be, and the same is hereby, granted permitting on the hereinabove described real property, subject to the following conditions: 1. That the proposed telecommunications facility, consisting of one (1) "clocktower" with six (6) concealed antennas, shall be permitted for a period of five (5) years, to expire on October 2, 2006. 2. That the following information shall be specifically shown on plans submitted for building permits: (a) (b) (c) A maximum of six (6) panel-type antennas shall be located within the clocktower; The overall structure shall not exceed a maximum height of fifty (50) feet; and The clocktower antennas shall be completely enclosed within the clocktower and shall not be visible to the public. That no additional or replacement antennas shall be permitted without the prior approval of the Planning Commission. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 2 4. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department. Said information shall be specifically shown on plans submitted for building permits. 5. That the accessory equipment be ground-mounted and located within an enclosure behind the shopping center. 6. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 7. That the proposed clocktower shall contain one clock facing west and one clock facing north, and shall be maintained in working order for the life of the facility. Said information shall specifically be shown on plans submitted for building permits. 8. That the owner shall be constructed of permanent, solid materials simulating an authentic clocktower. The tower shall be painted "Navajo White" to match the existing color of the Stater Bros. building and maintained in good, clean conditions. Said information shall be specifically shown on plans submitted for building permits. 9. That the walls of the commercial center west of the Stater Bros. building shall be repainted "Navajo White" to match the color of the clocktower and the Stater Bros. building. 10. That landscaping plans specifying the type, size and variety of plant materials proposed for the existing planter at the base of the monopole shall be submitted to the Zoning Division for review and approval. 11. Deleted. 12. Deleted. 13. 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. 2 of Exhibit Nos. 1 through 6, and as conditioned herein. 14. 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, 5, 6, 7, 8 and 9 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. 15. Deleted. 16. Deleted. 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 2nd day of October, MA ~F THE C~Y OF ANA~'£'IM ATTEST: 42061.1 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-257 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 '1~~2' ERK OF'T~E C IM (SEAL)