91-134 RESOLUTION NO. 91R-134
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3392.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a cellular telephone facility with a 65-foot high tower
in an existing recreational vehicle storage yard upon certain real
property located within the city of Anaheim, County of Orange,
State of California, legally described as:
THE EAST 188 FEET OF THE WEST 475 FEET OF LOT
15 IN BLOCK "36" OF THE YORBA LINDA TRACT, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
5 PAGES 17 AND 18 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; and
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. PC91-35 granting Conditional
Use Permit No. 3392; 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 duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the city 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 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 oode 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 be, and the same is hereby, granted
permitting a cellular telephone facility with a 65-foot high tower
in an existing recreational vehicle storage yard on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Sections 18.21.062.0202 - Maximum height.
and 18.84.042.010 (~5 feet permitted in the RS-A-
43,000(SC) Zone; 65 feet proposed)
Section 18.21.063.020 - Minimum side yard setback.
(~0 feet required; none proposed)
Section 18.21.063.030 - Minimum rear vard setback.
(25 feet required; none proposed)
subject to the following conditions:
1. That the new construction authorized by this resolution shall
be served by underground utilities.
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2. 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 Exhibit Nos. 1 and 2.
3. That prior to final building and zoning inspections or within
a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1 and 2, above-
mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
4. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of May, 1991.
~YOR CF THE CI'~Y O~AHEIM
ATTEST~~
CITY CLERK OF THE CITY OF ANAHEIM
JLW
ORDRES\R34C3392.179
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STATE OF CALIFORNIA )
COUNTY OF O~NGE ) ss.
CITY OF ANAHEIM )
I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-134 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 7th day of
May, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-134 on the 8th day of May, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of May, 1991.
CITY CLERK OF THE CITY OF ANA~IM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-134, duly passed and
adopted by the City Council of the City of Anaheim on May 7, 1991.
CITY CLERK OF THE CITY OF ANAHEIM