2001-303RESOLUTION NO. 2001R-303
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2001-
04416 FOR A PERIOD OF FIVE YEARS TO
EXPIRE ON DECEMBER 11, 2006.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to a telecommunications antenna and accessory ground-mounted
equipment permit upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as-
THE EAST 265 FEET OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANCH 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP RECORDED IN BOOK 51,
PAGE 11 OF MISCELLANEOUS 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. PC2001-132 granting
Conditional Use Permit No. 2001-04416; 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 ~naheim 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. 2001-04416 be, and the same is hereby,
granted permitting a telecommunications 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 four (4) antenna panels, with two (2) amplifiers
per antenna, shall be permitted for a period of five (5) years to
expire on December 11, 2006.
2. That a maximum of four (4) antenna panels with two (2)
amplifiers each may be located on the existing transmission
tower; and that the maximum one hundred twenty (120) square foot
ground-mounted accessory equipment building shall be located
directly beneath the transmission tower. The placement of the
four (4) antennas on the lattice tower shall be limited to fifty
seven and 0ne-half (57.5) feet high. Said information shall b~
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 and cable run shall be finished and
painted to match the existing lattice tower structure. If the
finish or color of the lattice tower is modified, the antennas
and cable run shall be modified accordingly. Said information
shall be specifically shown on plans submitted for building
permits.
4. That the property under lease shall be permanently
maintained in an orderly fashion by providing regular
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from time of occurrence.
5. That no signage, flags, banners, or any other form of
advertising shall be attached to the antennas or the transmission
tower structure.
6. 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, 2, 3, 4 and 5 and as
conditioned herein.
7. 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 10,
herein-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.
8. That prior to final building and zoning inspections,
Condition No. 6, above-mentioned, shall be complied with.
9. 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.
10. That the equipment enclosure shall be fully screened by
a six (6) foot high chain link fence interwoven with PVC slats;
and that landscaping plans specifying this improvement shall be
submitted to the Planning Department for review and approval by
the Planning Commission as a "R~ports and Recommendations" item.
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 llth day of December,
2001.
MAYOR OF THE CITY OF ~HEIM
ATTEST-
/-~~I~'-C~Ei~K ~)F THE ~C-][TY Of ANAHfZM
42888.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-303 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of December, 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
CLERK OF THE ClT~Y' O'F ANAHEIM
(SEAL)