90-097 RESOLUTION NO. 90R-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3236.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit an unmanned cellular telephone station with a 60-foot high
microwave monopole with waivers of the hereinafter specified
provisions of the Anaheim Municipal Code on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION 13,
T 4 S, R 10 W, SBM, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK
51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE
DESCRIBED AS N 89 DEG. 02' 32" W, 175.00 FEET IN THE
BOUNDARY OF PARCEL 3 OF FINAL ORDER OF CONDEMNATION
(STATE PARCEL) B6419 FILED IN SUPERIOR COURT CASE NO.
114537 IN AND FOR SAID COUNTY, A CERTIFIED COPY OF SAID
FINAL ORDER BEING RECORDED JUNE 3, 1964 IN BOOK 7073,
PAGE 214 OF SAID OFFICIAL RECORDS; THENCE ALONG THE
EASTERLY PROLONGATION OF SAID COURSE S 89 DEG. 02' 32"
E, 318.48 FEET TO A NON-TANGENT CURVE, CONCAVE EASTERLY
AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE, FROM A TANGENT WHICH BEARS N. 00 DEG.
57' 28" E, THROUGH AN ANGLE OF 40 DEG. 56' 43", AN ARC
DISTANCE OF 214.39 FEET TO A POINT IN THAT COURSE
DESCRIBED AS S 52 DEG. 13' 12" W, 24.19 FEET IN THE
BOUNDARY OF SAID PARCEL 3, DISTANT THEREON N 52 DEG.
13' 12" E, 2.55 FEET FROM ITS SOUTHWESTERLY TERMINUS;
THENCE ALONG LAST SAID BOUNDARY THE FOLLOWING COURSE; S
52 DEG. 13' W, 2.55 FEET; S 53 DEG. 20' 07" W, 258.88
FEET; and S 79 DEG. 38' 53" W 188.66 FEET TO THE POINT
OF BEGINNING.
THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS OVER AND
ACROSS THE COURSE DESCRIBED ABOVE WITH A LENGTH OF
214.39 FEET AND THE EASTERLY 50.00 FEET OF THE COURSE
DESCRIBED ABOVE WITH A LENGTH OF 318.48 FEET.
THE NORTHERLY 2 FEET OF SEGMENT 1 OF STATE
RELINQUISHMENT REQUEST NO. 1077, RECORDED OCTOBER 30,
1984 AS DOCUMENT NO. 84-446412, OF OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and
CUP 3236
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. PC90-32 denying
Conditional Use Permit No. 3236; 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 will adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located because; and
2. That the siz~ and shape of the site proposed for the use
is not 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 because; and
3. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim because; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Section 18.44.062.011 Maximum structural height.
(permitted: 1-foot high structures
when located 2 feet from RS-S000
zoning;
proposed: 10-foot high facility
shelter)
-2- CUP 3236
Section 18.44.065.010 - Minimum structural setback.
(permitted: 10 feet from Bali Road;
proposed: no set'~E~-~-~k to 60-foot high
monopole wit-'li attachments).
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the
City Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.050 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
foliowing reasons:
1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission denying said conditional use permit be, and the same is
hereby, affirmed for the reasons hereinabove specified, and that
the request to permit 11111 on the hereinabove described real
property with waivers of the aforesaid provisions of the Anaheim
Municipal Code 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 27th day of March, 1990.
ATTEST: /
CITY CL~RK OF T~ OF ANAHEIM
JLW: kh
3589L
032990
-3- CUP 3536
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-97 was tntro(~ced and adopted at a regular
meeting provided by law, of the City Council ef the City of Anaheim held on
the 27th day of March, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-97 on the 6th day of April, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of April, 1990.
~,CITY CLERK OF THE OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-97, duly passed and
adopted by the Anaheim City Council on March 27, 1990.
~,CITY CLERK OF THE OF ANAHEIM