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2001-302RESOLUTION NO. 2001R-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04415 FOR A PERIOD OF FIVE YEAR 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 permit a telecommunications antenna on an existing electrical transmission tower and accessory ground-mounted equipment upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as- LOT 11 OF TRACT NO. 3177, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 96, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF 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. PC2001-131 granting Conditional Use Permit No. 2001-04415; 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 r~c~iv~ ~vid~nc~ and r~ports; an~ 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. 2001-04415 be, and the same is hereby, granted permitting a telecommunications antenna on an existing electrical transmission tower and accessory ground-mounted equipment on the hereinabove described real property, subject to the following conditions- 1. That this conditional use permit shall expire five (5) years from the date of this resolution, on December 11, 2006. 2. That this telecommunications facility shall be limited to foUr (4) sectors with one (1) panel antenna per sector on the existing tower with accessory ground-mounted equipment. The four (4) sectors shall be flush-mounted on the lattice tower and shall be limited to fifty two and one-half (52h) feet in height. Said information shall be 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 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 shall be modified accordingly. Said information shall be specifically shown on the plans submitted for building permits. 4. That portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to 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 and 4, 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 and 3, 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. 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. 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 th' day of December, 2001. MAYOR OF THE CITY O~ANAHEIM ATTEST: / CLERK OF THE CITY OP~ANAHEIM 42887.1 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. 2001R-302 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 C,~TY CLERK OF THE CITY OF ANAHEIM (SEAL)