92-069 RESOLUTION NO. 92R-69
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING
MODIFICATIONS TO CONDITIONAL USE
PERMIT NO. 3392 AND AMENDING THE
CONDITIONS OF APPROVAL AS SET FORTH
IN RESOLUTION NO. 91R-134.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 91R-134 approving Conditional Use
Permit No. 3392, subject to certain conditions specified therein,
to permit a oellular telephone facility with a 65-foot high tower
in an existing Recreational Vehicle Park with a waiver of certain
code requirements as specified therein on certain property located
in the City of Anaheim and legally described in Resolution No. 91R-
134; and
WHEREAS, the permittee has requested a modification to
said Conditional Use Permit, to permit said cellular telephone
facility with an 83-foot high tower and waivers of maximum
structural height, minimum side yard setback and minimum rear yard
setback; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on February 24,
1992, 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 Code, Chapter 18.03, to hear and consider
evidence for and against said proposed modification to Conditional
Use Permit No. 3392 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, following said hearing, the Planning Commission
did recommend to the City Council that said modifications to
Conditional Use Permit No. 3392 be approved; and
WHEREAS, the City Council held a duly noticed public
hearing on the requested modifications to Conditional Use Permit
No. 3392, at which hearing the City Council did receive and
consider evidence, both oral and documentary, relating to said
request; and
WHEREAS, the City Council hereby finds and determines
that the modification of Conditional Use Permit No. 3392 in the
manner hereinafter set forth is reasonably necessary to protect the
public peace, health, safety or general welfare, or necessary to
permit reasonable operation under said Conditional Use Permit; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
CUP #3392
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. 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.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further 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 regarding said requested waiver(s), that all of
the conditions set forth in Section 18.03.040 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That there are 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, because of special circumstances shown in (1)
above, strict application of the zoning code deprives 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, for the reasons hereinabove stated,
Conditional Use Permit No. 3392, as modified, be, and the same is
hereby, granted permitting a cellular telephone facility and an 83-
foot high tower on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
Section 18.21.062.0201 - Maximum structural heiqht.
(25 feet permitted; 83 feet proposed)
- 2 -
CUP 93392
Section 18.21.063.020 - Minimum side yard setback.
(10 fee~ required from the south and
west property lines; none proposed)
Section 18.21.063.030 - Minimum rear yard setback.
(25 feet required; none proposed)
BE IT FURTHER RESOLVED that the conditions of approved
heretofore imposed in Conditional Use Permit No. 3392 be, and the
same are hereby, amended by the amendment of Condition No. 2 as set
forth in Resolution No. 91R-134, to read as follows:
"That subject property shall be developed
substantially in accordance with plans and
specifications submitted to the City of Anaheim
by the petitioner and which plans are on file
with the Planning Department marked Revision
No. 1 of Exhibit No. 1."
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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.
BE IT FURTHER RESOLVED that, except as expressly modified
and amended herein, Resolution No. 91R-134 shall remain in full
force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 7th day of April, 1992.
~MAYOR OF THE CITY ~F ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3392.12
040892
3
CUP #3392
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. 92R--69 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 7th day of
April, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 92R-69 on the 8th day of April, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of April, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 92R-69 duly passed and adopted
by the City Council of the City of Anaheim on April 7, 1992.
CITY CLERK OF THE CITY OF ANAHEIM