PC 82-96f~ESOLUTIOtI i10. PC32-9G
~ R[~OLUTIO~! OF TIiE l1ilAHElr1 CITY PL/1NNIPIG C~11t11;S10?!
TIIAT P[TITIOPJ FOf; COtIDIT10;1l1L US[ PER~11T ~10. 2321 BE GRAtJTED
WIIEREFIS, the Anaheim City Planning Corttnission did receive a verified
Pati tion for Condi tional Use Permi t from /`,PlDP,E'd D lVdD tlAilMiE f1. VER6URG, 145
Jewell Place, Orange, California, g2668, o~.~ner, and DEDIil15 LOWRY, EWGIyEERING
TECFIPJOLOGY, IfiC., t5335 htorrison Street, ii3~0, Sherman Oaks, California, 91403,
agent, of certain real property situated in the City of hnaheim, County of
Oranqe, State of California, described as:
THAT POP,TIOtI OF LOT , ELOCf; 6 OF THE GOLOED~ ST/tTE TRACT, Itl THE
CITY OF NJFIHEIFI, COUNTY OF OfL1tlGE, STATE OF LALIFORhlIA, AS PER 1•if1P
RECORDED I~J GOOY. /E, PAGES 6G AP7D 67 OF htISCELLAtlEOUS t1APS, IN TfiE
OFFICE OF THE COUNTY RECORDER OF SF11D COUPJTY, StiOWP~ AS PARCEL 1 ON
A F1AP FILED IFJ [300K 1, PAGE 30 OF PARCEL PiI;P; RECO,°,DS OF SAID
COUPITY.
WtfEREAS, the City Pianning Lor.mission did hold a public hearing at the City
lial l in the City of Anaheim on tlay 17, 1982, at 1:30 p.m., notice of said publlc
hearing having been duly given as required by law and in accordance with the
provisions of thc Anaheim Ftunicipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
rrake findings and recortmendations in connection therewith; and
'dfIEREAS, said Cormission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hcaring, does find and determine the follo4~ing facts:
1• That the nropesed usc is properiy one for which a conditional use
permit is authorized by Mahcim Ftunicipal Code Section 18.61.050.604 to wit to permit
a 150-foot high radio transmission and receiving trnoer in the ~1L (Industrial,
Li mi ted) Zone.
Z. That the proposed use is hereby granted subJect to the following
stipu)ations made by the peti tioner at the publ ic hearing•
~• That the radio transmission and receivina *_aY~er >hall ~ot
cause any interference of reception for t~l=visions, radios,
etc. in the vicini tv and i f ary such pr~blem arises, the
petitioner shall oe responsible for taking whatevar action is
necessary to alleviate said interference problem at his
expense.
~. That the 150-foot high tower shall be lighted accordi;ig to
Federal Aviation Administration standards to protect airplane
and hellcopter activity in the immediate vicinity.
~. That the owner of subject pmperty shall pay a traffic signal
assessment fee (Ordinance tlo. 38g6) in the amount of "a500 per
acre o~ in the amoun[ as det~rmined by the City Council prior
PC82-96
to *_he issuance of a building permit, or commencer~nt of the
activity herein approved, ~•~hichever occurs first.
d. That e.?sting Municipal Code violations on the property
including inoperable vehicles, inac!equate site screening and
landsca~ing, persons living in camper shells and Building
Code violations shall be abated prior to the issuance of a
building permit, or prior to commencement of tlie activity
herein approved, whichever occurs first.
3. That the proposed use v~i 11 not adversely affect ttie adjoining land uses
and the growth and development of the area in ~:+hich 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 ti~e proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general i•~slfare of the Citizens
af the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
i irposed, i f any, wi 11 not be detri n~enta 1 to the peace, hea 1 th, safety and general
~•~elfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use ~vi 11 not impose an undue
burden upon the streets and highways designed and irr~roved to carry the traffic in
the a rea.
7. That one interested person indicated his presence at said public
hearing; and that no correspondence was received in opposition to the subject
peti tion.
ENVIRONMENTAL IMPACT FI~JDIIJG: That the Anaheim City Planning Comnission has
reviewed the proposal to permi t a 150-foot high radio transmission and receivir.g
tower in the "1L (Industrial, Limited) Zone on an irregularly-shaped parcel of land
consisting of approximately 2.77 acres located at the nartherly terminus of Red Gum
Street, ar.d being located approximately £305 feet north of the centerline of La Joila
Street ( 1460 North Red Gum Street) ; and does hereby approve the ~Jegati ve Declaration
from the requirement to prepare an environmental impact report on the basis that
there would be no significant individual or cumulative adverse environmental irr{~act
due to the approval of this hlegative Declaration since the Anaheim General Plan
des ignates the subject property for general industrial land uses commensurate wi th
the proposal; that no sensiti~;e environmental impacts ar•e involved in the proposal;
that the Initial Study submitted by the petitioner indicates no significant
individual or cumulative advr:rse environmental irtpacts; and that the Negative
Declaration substantiating the foregoing findings is on file in the City of Anaheim
Planning Departm~:nt.
tdOW, TtIEREFORE, PE IT P,ESOLVED that tha Anaheim City Planning Cortunission
does hereby grant subject Petition for Conditional Use Permit, upon the folloH+ing
conditions which are iiereby found to be a necessary prerequisite to the proFosed ~se
of the s~ject property in order to preserve the safety and general t•~elfare of the
Citizens of the City of Anaheim:
t. Tliat the owner(s) of subject property shall deed to the City of Anaheim a
strip of land 32 feet in a~idth from the centerline of the stree* along Red
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Gum Street for street widening p!~rposes, ancl shall also dedicate a ~0-foot
radius as required to complete a stanciard cul-de-sac at the end of Red Gum
Street.
2. That all engineering requirements of the City of ~naheim along Red Gum
Street including preparation of irtprovement plans ancl installatiun of all
irtprc•~ements such as curbs and gutters, sidei-~alks, street grading and
pavement, sewer and drainage facilities, or other appurtenant work, shall be
complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer. Street lighting
facilities along Red Gum Street shall ~e installed as required by the
Office of the Utilities General 1lanager in accordance with specifications on
file in the Office of Utilities General t1anager. 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 completion of the above-mentioned improvements.
Said security shall be posted viith the City ~aithin sixty (60 (days of the
date herein. The above-required irr,nrovertents shall be installed prior to
commencing the activity authorized by this zoning action.
3. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer,
4. in the event that subject property is to be divided for the purpose of sale,
lease, or financing, a parcel map, to record the approved division of
subject p roperty shall be submitted to and approved by the City of Anaheim
and then be recorded in the office of the Orange County Recorder.
5. That trash storase areas shall be provided in accordance v~ith app roved plans
on fi le ~aith the Office of the Executi ve Di rector of Publ ic 4Jorks.
6. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fi re Der~artment prior to commencement of
structu ral framing.
7. That appropriate water assessment fees as determined by the Office of
Utilities General Hanager shall be paid to the City of Anaheim prier to the
issuance of ~ building permit.
8. That a~i thin ninety (90) days of the date hPrein, the owner(s) ..of subject
property shall pay app ropriate drainage assessrrent fees to the City of
Anaheim as determined by the City Engineer.
9. That the ovm er(s) of subject property shall make an irrevocable offer of
dedication for an easem:nt for the purposes of providing access to the
existing bicycle pat!i located north of the end of Red Gum Street, adjacent
to the Carbon Creek ~iannel.
10. That subject prope rty sha)1 he developed substantially in accordance with
plans and specifications on file t~rith the City of Anaheir~i marked Exhibit
Plos. 1 through ~~.
11. That Condition tlos. 1 and 9, above-mentioned, shall be c~nplied with prior
to the commencer~ent of the activity authorized under this resolution, or
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prior to the tirr~ :hat the building pcrmit is issued, or within a period of
one year from date hereof, arhiche~r occu;s fi rst, or such further time as
the Planning Commission may grant.
12. That Condition ~os. 3, 5, and 10, above mentioned, shall be complied with
prior to final building and zoning inspections.
~3. That the radio transmission and receiving tower shall not cause any
interference of reception for televisions, radios, etc., in the vicinity and
if any such problem arises, the petitioner shall be responsible for
resolving the problem at his own expense.
14• That the 15-foot high tower shall be lighted according to Federal Aviation
Administration standards.
15• That the owner of subject property shall pay a traffic signal assessment fee
(Ordinance tJo. 3896 in an amount of $500 per acre or in any amount as
determined by the C~ty Council prior to the issuance of a building permit,
or cortmencement of the activity herein approved, o-ihicheveroccurs first.
16. That existing Flunicipal Code violatior.s on the property including inoperable
vehicles, inadequate site screening and landscaping, persons living in
canper shells and Guilding Code violations ~•~ill be abated prior to the
issuance of a building permit or commencer~nt of the activity herein
approved, whichever occurs first.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereirabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent juri~diction, then this Resolution, and any
approvals herein contained, sha11 be deen~d nul; and void.
TfIE FOREG01 NG RESOLUTI ON i s s i gne<l and app roveci by me tn i s 17th day of P1ay,
t9II2.
~
I ' ~iA PRO TEMPORE
A~IAHEIM CITY PLANNING ~4P11SSIOM
ATTEST:
/~ K~.~k~ _ ~• . ~~c,
SECRETARY, ANAHEII•1 CITI' PLANPJING C01•1MISSION
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STATE OF CALIFORNiA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a
meetin9 of the Anaheim City Planning Commission held on May 17, 1g82, at 1:30 p.m.,
by the fotlowing vote oT the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
IN WITNESS WHEREOF, I have htreunto set my hand th:s 17th day of May, 19$2.
~~~ ,~ ~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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