Loading...
1982-090 c~, .- ~ RESOLUTION NO. 82R-90 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF ANAHEIM OJWft'IJlO CONDJ'.l'IONAL USB PERMIT NO. 2295 WHEREAS, the City Planni~g Commission of the Cit~ or Anaheim did receive an application 'for a conditional use p~rndt from SONFARREL, INC., owner, and nus INESS PROPERTIES, Atlt: DON PAUL, agent, to permit a television transmission 8t~tion with a 250-foot high broadcasting tower in the ML (Industrial, Limited) Zone on certain real property situated in the dity of Anaheim, County of Orange, State Of California, described as: The West one-half of Lot 8 im Block 5 of the Golden State Tract, in the City of Anaheim, County of Orange, State of California, as shown on a map thereof re- corded in Book 4, Pages 66 amd 67, Miscellaneous Maps, Records of said Orange County. Excepting therefrom the Westerly 40 feet; and -1- ATTV-26 I..... 1 of 2 ......, . ~ w]IEREAS, the City Planning Commission did hold a p,blic hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired hy law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code, and ~- WHEREAS, said Commission, a:fter due inspection, investi- gation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearln9t did adopt its Resolution No. PC82-l0, qrantinq Conditional Use Permit No. 2295 , and WlIEREAS, thereafter, within the time prescribed by law, an interested party or the City Counciil, on its own motion, ~aused the review of said Planning Commission action at a duly noti~ed public hearing, and WHEREAS, at the time and pl~ce fixed for said public hearing, the City Council did duly ho!ld and conduct such heating and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and WIIEREAS, the City Council finds, after careful con.-ider- ation of the recommendations of the C!ity Planning 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 adj~inin9 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 us~ is . adequate to allow the full development of the proposed use i~ a manner not detrimental to the particu1ar,area nor to the peate, health, safety and general welfare. 4. The traffic generated by the proposed use will not im- pose 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 t~e conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of An_heim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Co~ission ~ing said conditional use permit be, and the sa~e is nereby, affirmed and that Conditional Use Permit No. 2295 be, and the same is hereby, granted permi,tting a television tran!smis- sion station with a 250-foot high broadcasting tower on the here- inabove described real property, subject to the following conditions: ~ --2- ATTY-26 (Pate 2 of 2 PipS) ~ . ' 11 .-''''''''''' "-'- 1. That all engineering requirements of the City of Anaheim along Miraloma Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, 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; that street lighting facilities along Miraloma Avenue shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Managerr and/or that 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 installation of the above- mentioned requirements prior to occupancy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subject property shall be served by undergrou~d utilities. 5. That drainage of subject property shall be disposea of in a manner satisfactory to the City Engineer. 6. In the event that subject p~operty is to be divide~ for the purpose of sale, lease, or financing, a parcel map, to r~cord the approved division of subject prope!rty shall be submitted to and approved by the City of Anaheim and then be recorded in the ~ffice of the Orange County Recorder, prior to issuance of a buildiIllg permit. 7. That the owner of subject p~operty shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to issuance of a building permit. 8. That the owner of subject property shall pay the tt"affic signal assessment fee (Ordinance No. J896) in an amount as determined by the City Council, for industrial buildings prior to the i$suance of a building permit. ."",......., 9. That appropriate water assessment fees as determin~d by the Office of Utilities General Manage'r shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That the design and location of vehicular access from Miraloma Avenue shall be approved by the City of Anaheim Traffic Engineer. -3- ,.............- 11. That the owner of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 1171 to the Planning Department. .~. 12. That the owner of subject property shall~submit wr~tten evidence to the Planning Department that the Federal Aviation Administration has approved the 250-foot high broadcasting tower. 13. That the existing catch basin at the driveway shown on the submitted exhibits on the west side of the parcel shall be relocated to the satisfaction of the City Engineer. 14. That subject property shall be developed substantially in accordance with plans and specificatioIlls on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 15. That Condition Nos. 1, 10, 11 and 12, above-mentioned, shall be complied with prior to the commencement of the acti~ity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year fronn date hereof, whichever occurs first, or sucb further time as the Rlanning Commission may grant. 16. That Condition Nos. 2, 4, 5, 13 and 14, above-mentioned, shall be complied with prior to final building and zoning inspections. 17. That Federal Aviation Administration approval for the tower shall be obtained prior to construction thereof. BE IT FURTHER RESOLVED that the Anaheim City Council does hereby find and determine that adoption of this Resolution is. ex- pressly predicated upon applicant I s compliance with each and\:all of the conditions hereinabove set forth. Should any such condition, 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 approved and adopted by the City Council of the City of Anaheim this 16th da of February, 1982. M ,~. ATTEST: ~'J~~~ . CLERK OF THE ITY OF ANAHE IM JIkl:fm -4- 111_ _ StATE OF CALIFORNIA ) COUN'DY OF ORANGE ) ss. CITY OF ANAHEIM ) .~ I, LUNDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the forecoing Resolution No. 82R-90 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of February, 1982, by the following vote of the members thereof: A~ES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Res01ution No. 82R-90 on the 16th day of February, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the C~ty of Anaheim this 16th day of February, 1982. ~~~~~ CITY C ERK d>F THE CI F ANAHEIM ( SEAL) I~ LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-90 duly passed and adopted by the Anaheim City Council on February 16, 1982. C4'~~)~ CITY CLERK .~ "-