93-039 RESOLUTION NO. 93R-39
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3571.
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 75-foot high cellular telephone tower and a 360 sq. ft.
unmanned equipment building upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL 4: THE SOUTHERLY 35.93 FEET OF THE NORTHERLY 300
FEET, MEASURED TO THE CENTER LINE OF CENTER STREET, OF
LOT 4 AS SHOWN ON A MAP OF A "PART OF THE WEST 1/2 OF LOT
9 OF ANAHEIM EXTENSION" LOCATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF FILED IN BOOK 1, PAGE 53 OF RECORDS OF SURVEY,
RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE EASTERLY 57.45 FEET.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 71, PAGE 40 OF
RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; 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. PC93-1 granting Conditional
Use Permit No. 3571; 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 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. 3571 be, and the same is hereby, granted
permitting a 75-foot high cellular telephone tower and a 360 sq.
ft. unmanned equipment building on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
Section 18.44.063.040 - Required setback
abuttin~ a
residential zone.
(minimum 20 feet from RM-1200 zoning
required;
subject to the following conditions:
1. That the number of dishes and antennas shall be limited to
those shown on Exhibit No. 1. Any additional dishes or
2
antennas shall be subject to further Planning Commission
review and approval.
2. That the petitioner shall obtain an encroachment license from
the Real Property Section of the Public Works-Engineering
Department.
3. That the proposed security lights shall be installed on the
building in a manner which will prevent light from glaring
into the adjacent residences to the north. Security lights
shall not be installed on the tower. Said lights shall be
shown on the plans submitted for building permits.
4. 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 through 5.
5. That no emergency on-site generator(s) shall be permitted.
6. That a landscaping plan, including irrigation facilities,
shall be submitted to the Zoning Division of the Planning
Department for review and approval by the Planning Commission
as a "Reports and Recommendation" item. Said landscaping
shall include at least four (4) mature twenty four inch (24")
box trees. Said landscaping shall be installed and maintained
thereafter.
7. (a) That anti-graffiti measures shall be incorporated into
the proposal;
(b) That prior to issuance of a building permit, the
petitioner shall provide the name(s) and telephone
number(s) of any person(s) designated by the petitioner
as being responsible for the removal of graffiti to the
Code Enforcement Section of the Planning Department; and
(c) That any graffiti shall be removed within twenty four
~ (24) hours, in compliance with City requirements.
8. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 2, 3, 6 and 7(b),
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.
9. That prior to final building and zoning inspections, Condition
Nos. 4, 6 and 7(a), above-mentioned, shall be complied with.
10. That this use permit shall be permitted for a period of five
(5) years until March 2, 1998; provided; however, that
extensions of time may be granted by the Planning Commission
at a noticed public hearing and following a written request by
the petitioner. In connection with the request, the
petitioner shall submit information about improved technology
regarding the cellular telephone tower and attached equipment
(i.e., appearance, size, etc.). The Planning Commission may,
in connection with approving a time extension, require that
subject cellular telephone tower and/or the attached equipment
be modified and/or replaced if the visual and/or other impacts
of the tower can be reduced or otherwise improved. The
decision of the Planning Commission shall be subject to appeal
to, or review by, the City Council in the manner set forth in
Chapter 18.03 of the Anaheim Municipal Code.
11. 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 2nd day of March, 1993.
MAY~OF~TH~CITY~ANAHEIM
CITY CLERK O~ THE CITY OF ANAHEIM
JLW:lm
347.01
- 4 -
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. 93R-39 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 2nd day of March, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-39 on the
3rd day of March, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of March, 1993.
CITY CLERK OF THE CITY 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. 93R-39 was duly passed and adopted by the City Council of the City of Anaheim on
March 2, 1993.
CITY CLERK OF THE CIT~OF ANAHEIM