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2002-011RESOLUTION NO. 2002R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2001- 04404. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a telecommunication antenna and accessory ground- mounted equipment on certain real property situated in the City of Anaheim, County of Orange, State of California, described as- PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 225 PAGES 1 AND 2 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. PC2001-158 granting Conditional Use Permit No. 2001-04404 for a period of five years only; 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 hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does 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, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons- 1. That the proposed use would adversely affect the adjoining land uses in that the size and scale of the bell tower would be out of proportion with the existing single-story church and would adversely affect single family residential land uses by creating a negative visual impact in the vicinity; 2. That the size and aesthetics of the bell tower would overcome and dominate the location of the proposed use and would therefore be detrimental to the development and growth of the area; 3. That the proposed telecommunications facility is contrary to City goals regarding the concealment of such facilities from public view by using existing or proposed architectural features that complement the site and surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said conditional use permit be, and the same is hereby, denied for the reasons hereinabove specified, and that the request of said applicant to permit a telecommunication antenna and accessory ground-mounted equipment on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of January, 2002. MAYO~ OF THE ~ITY OF ANAheIM ATTEST - CIT% hLER~ OF ~HE CITY OF ANAHEIM 43268.1 -2- 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. 2002R-11 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of January, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait, Kring ABSENT: MAYOR/COUNCIL MEMBERS: None cr~I'Y CLERk, OF THE CITY OF ANAHEIM (SEAL)