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PC 83-30RESOLUTION NO. PC83-30 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT P~TITION FOR CONDITIONAL USE PERMIT NO. 2416 PE GRANTED WHEREAS, the CITY OF ANAHEIM, 200 South Anaheim IIoulevard, Anaheim, California 92805, and STOR~R CABI,E TV., INC., 914 East Katella Avenue, Anaheim, California 92805, aqent did request a verified Petition for Conditional Use Permit of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF iH~ JONATHAN WATSON TRACT, AS SHOWN ON A MAP EILED IN BOOK 2, PAGE 26 1/2 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF rJRANGE COUNTY~ CALIFORNIA~ THAT PORTION OF LOT 21, BLOCK 36 OF THE YORBA LINDA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY~ AND THAT PORTION OF THE LAND ALLJTTED TO JOSEFA MONTALVO DE SF.pRANO, AS ADMINISTRATRIX OF LEANDRO SERRANO, DECEASED, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RALdCHO SANTIAGO D~ SANTA ANA, WHICH ~9A5 ENTERED AUGUST 12~ 1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OP THE DISTRICT COURT OF THE 17Tfi JUDICIAL DISTRICT IN AND FOR LOS ANG'F.LES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 4 OF PARCEL MAPS FILED IN BOOK 37, PAGE 45 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 9° 37' 24" EAST, 15.00 FEET; THENCE SOUTEI 73° 42' 10" WEST, 141.72 FE~T; THENCE NORTA 9° 37' 24" 47EST~ 250.00 PSST; THfiNCE NORTH 80° 22' ..°.6° EAST, i5Q.00 FEET; T$ENCE SOUTH 9° 37' 24" EAST, 217.40 FEET MORE OR LESS TO THE TRf7E POINT OF BEGINNING. WHEREAS, the City Planning c;ommission did hold a public hearing at ~'~e City Hall in the City of Anaheim on February 7, 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Cod" Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investiqate and make findings and r.ecommendations in connection therewith; and ~+IHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aftex due consideration of all evidence and reports offered at said hearing, does find and determine the following faets: 1. That the proposed use is properly one for which a conditio~ial use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit: to permit z microwave receiving station. #04772 PC83-30 ~`u ' ; 2• That the proposed use wi.ll not adversel.y affect the adjoininy land uses and the qrowth and development of t.he area in which it is propose~ `~ ' to be located. 3• 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 detriment.al to the particular area nor to the _peace, health, safety and general welfare of the Citizens of' the City of Anaheim. 4• That the granting of the Conditional Use Permit under the conditions imposed, if any, wi.il not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5• 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 the area. 6• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planninq Commission has reviewed the proposal to permit a microwave receiving station on an irregularly-shaped parcel of land consisting of approximately 0.83 acre, having a frontage of approximately 150 feet on the north side of Ri.verdale Avenue, and further described a.s 9555 East Riverdale Avenue (Fire Station No. 8); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for fire station site land uses commensurates with the proposal; ~ha*_ no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant in3ividual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on £ile in the City of Anaheim Planning Department. 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 preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the ~eveloper(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amnunt as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 2. That the proposed tower shall be enclosed and screened from Riverdale Park in a manner satisf:ctory to the Director of Parks, Recreation and Community Services. Plans sha::iny said enclosure and screening shall be submitted to and approved by said Director prior to issuance of a building permit cr commencement of tha activity he.rein approved, whichever occurs first. -z PC83-30 3. That the proposed tower shall be painted dark brown or some other suitable earthtone color. 4. That the existing lease agreement between the applicant (Storer Cable T.V., Inc.) and the City of Anaheim shall be amended to reflect the increase in development area from 200 to 303 square-feet, prior to issuance of building permits or commencement of the activity her.•ein approved, whichever occurs first. 5. That clearance lights shall be installed on the proposed microwave tower, as required by the Anaheim Police Department. 6. That subject property shall be developed substantially in accordance with plans and specif.ications on file with the City of Anaheim marked Exhibit No. 1. 7• That Condition Nos. 2, 3, 5 and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. BE 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 r~ith each and all o` the conditions herei:~above set forth. Should any such conditiuns, 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 signed and approved by me this 7th day of Feb•ruary, 1983. CHA7RMAN, ANAHEIM CITY NNING COMMISSION ATTEST: SECRETAR , ANAHEIM CITY PLANNING COMMISSION 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 meeting of the 8naheim City Planning Commission held on February 7, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERHST, ~NG, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABS1'.NT: COMMISSIONERS: NONE IN WIT[vESS WHEREOF, I have hereunto set my hand this 7th day of February, 1983. - `~~~ ,t° ~,~.~..<.:, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-30 ~»~ ~ ~'' c'.