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PC 82-189~ ;i;_' `' RESOLUTION NO. PC82-189 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION ;. THAT PETITION FOR CONDITIONAL USE PERMZT NO. 2381 BE GRANTED r,; ': ; WHEREAS, the Anaheim City P1.anning Commission did receive a verified Petition for Conditional Use Permit from KE7,Y gAD20, INC., 1190 East Ball Road, Anaheim, California 928p5, owner of certain real p;:operty situated in the City og ~rlaheim, County of Orange, State of California, described as: THAT PORTION OF THE THIRD CLASS LF.ND 1~I,LOTTED TO 2~ . YORgA, '"`:' IN THE DECREE OE' PARTITION :2ENDERED FEBRUARY 3, 18i4 BY THE 'r; DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, CASE NO. 1978, DESCRIBED AS FOLLOWS: BEGINNZNG AT A POINT ON THE WEST LINE OF SAID TI~IRD CI,ASS LAND, SAID POINT BEING 30 FEET WE$T OF THE NORTHWEST CORD7ER OF BLOCK "B" OF YORBA, AS SHOWN ON A MAP RECORDED IT7 gppK 31, PAGES 59 AND 60 OF MISCELLANEOUS RECORpS OF LOS ANGELES COUNTY, CRLIFORNIA; RUNNING THENCE SOUTH 82 DEGREES 16 '~ MINUTES 20 SECONDS EAST AI,ONG THE NORTHERLY 1,INE OF SAID "~ 'I BLOCK "B", 718.19 FEET; THENCE SOUTH 3 DEGREES 41 MINUTES 57 ~ SECONDS WEST 7U6.05 FEET TO A POINT; ~ TRUE pOINT OF BEGINNING OF iHE PROPERTY N HERF,INAFTER DESCRIBED; THENCE SOUTH 3 DEGREES 41 MIN~ES 57 SECONDS WSST 359,90 FEET; THENCE SOUTH 82 DEGREES 16 MINUTES 20 SECONDS EAST 644.70 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAITI PARCEL OP LAND CONVES'ED TO CHARLES O. GOODWIN gy DEED RECORDr^.D DECEMBER 2, 1919 IN BOOK 346, PAGE 29 OF DEEDS; THENCE NORTH 8 DEGREES 03 MINUTES 40 SECONDS EAST ALONG SAID EASTERLY LINE, 359.03 FEET TO A P02idT 353.68 FEET SOUTH 8 DEGREES 03 MINUTES 40 SECONDS WEST AND 60 FEET SOIJTH 82 DEGR~ES 16 MINUTES 20 SECONDS EAST OF THE SOVPHEAST CORNER OF LOT 1 IN BLOCK "D" OF SAID YORgg; THENCE NORTH g2 DEGI2EES 16 MINUTES 20 SECONDS WEST 672.06 FEET TO TIiE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on October 4, 1982, at 1:30 p.m., notice of said public hearing having been duly qiven as requircd by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investiqation and study made by itself and in its behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find and determine the £ollowing facts: 0249I PC82-189 '~, ~°`~ 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.460 and 18.61.050.60~} to wit: To permit a 213-foot high radio transmitting tower additian to an existing radio transmitting stati.on cvith waiver of: SECTION 18.84.042.012 - Permitted antenna. (Ground-mounted antenna prohibited; one ground-mounted antenna proposed) 2. That the requested waiver is hereby granted on the basis that there are four existing towers on surject property which have not had detrimental effect on the surrounding properties; and on the basis that denial would deprive subject property of a privilege being enjoyed by other properties in the same zone and vicinity. 3. That 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. 4. That 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 of the Citizens of the City of Anaheim. 5. Th~t the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of tne City of Anaheim. 6. That 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 ~he area. 7. That no one indicated their presence at said public hearinq in opposition; znd that no correspondence was received in opposition to the subject petition. EiQVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a 213-foot high radio transmitting tower addition to an existing radio transmitting station with waiver of permitted antenna on a rectangularly-shaped parcel of land consisting of approximately 5.43 acres, having a£rontage of approximately 359 feet on the west side of Hancock Street, and further described as 1313 Hancock Street; and does hereby approve the Negative Declaration fxom the raquirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse ei~vironmental i:npact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurates with the proposal; that no sensitive environmental impacts are invol:~ed in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental. impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. -z- PC8t-189 .~. _ .,. .. '~.":~_.._ . NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to presprve the safety and general welfare of the Citizens of the ~ity of Anaheim: 1• That street lighting facilities along Hancock Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of the OfPice of Utilities General Manager and/or that security in the form of a bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory installation of the above-mentioned improvements. Said security shall be posted with the City prior to approval of building permits. The above-required improvements shall be installed prior to commencing the activity authorized by this zoning action. Z• That sidewalks shall be installed alor:g Hancock Street as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City ~ngineer. 3. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 4• Plans shall be submitted to the Building Division showing compliance with the minim ~ standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate ,permits shall be obtained for any necessary work. 5. That subject property shall be developed substantially ir. accordance with plans and specificaticns on file with the City of Anaheim marked Exhibit No. 1. 6. That the proposed radio transmitting totiver shall be subject to approval by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 7. That Condition Nos. 2, 5 and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. 8E IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the ~onditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid er unenforceable by the final ~udgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC82-189 ~~~: ~ .~ THE FOREGOING It~SOLUTION is signed and approved by me this 4th day of October, 19g2, ~ HA IAN, ANAHEIM CITY e~L NG COMMISSION ATTEST: (n !~.(...r~J /` ' ~ iL~1 ~ ~ SECRETARY, ANp.HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. Editii L. Harris, Secretary of the Anaheim ~ity Planning Commission, do hereby certify that the foregoing resolution ,uas passed and adopted at a meeting of the Anaheim City Planning Commission held on October 4 , 1982, by the following vote of the members thereof: AYES: COMMISSIONERS: HOUAS, BUSHORE, FRY, fiERBST, ICING, LA CI,A=gE MC BURNEY NOES: COMM=SSIONERS: NON~ ABSENT: COMMISSIONERS: NONE IN WITNESS WHER~OF, I have hereunta set my hand this 4th day of October, 1982. (O dl.c.~ ,1~ . SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PCtt2-189 k ,. ~3ts*---.~,.,,,~,.,.~z>.~...,:..~.,.~,..._ ,......._