96-196 RESOLUTION NO. 96R-196
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3875.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a 59-foot high telecommunication monopole antenna and
accessory equipment upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF VINEYARD LOT "G-6", AS PER
MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF
DEEDS, IN THE OFFICE OF THE COUNTY RECORDER
OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID
ANAHEIM VINEYARD LOT "G-6"; THENCE NORTH 15 DEG.
21' 40" WEST ALONG THE NORTHEASTERLY LINE OF SAID
LOT, 655.00 FEET; THENCE SOUTH 74 DEG. 33' 13"
WEST, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
LOT, 115.00 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE CONTINUING SOUTH 74 DEG.
33' 13" WEST PARALLEL WITH THE SOUTHEASTERLY LINE
OF SAID LOT, 58.00 FEET; THENCE NORTH 15 DEG 21'
40" WEST, PARALLEL WITH THE NORTHEASTERLY LINE OF
SAID LOT, 139.40 FEET TO THE NORTHWESTERLY LINE OF
SAID LOT; THENCE NORTH 74 DEG 30' 50" EAST ALONG
SAID NORTHWESTERLY LINE, 58.00 FEET; THENCE SOUTH
15 DEG 21' 40" EAST, PARALLEL WITH THE
NORTHEASTERLY LINE OF SAID LOT, 139.44 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THE NORTHERLY 10 FEET CONVEYED TO THE
CITY OF ANAHEIM FOR WIDENING WEST SANTA ANA STREET
BY DEED RECORDED NOVEMBER 9, 1937 IN BOOK 911,
PAGE 460 OF OFFICIAL RECORDS.
THE EASTERLY 115 FEET OF VINEYARD LOT "G-6", AS
PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF
DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
EXCEPT THE SOUTHERLY 720 FEET THEREOF.
ALSO EXCEPTING THE NORTHERLY 10 FEET AS CONVEYED
TO THE CITY OF ANAHEIM, FOR WIDENING WEST SANTA
ANA STREET, BY DEED RECORDED NOVEMBER 9, 1937 IN
BOOK 911, PAGES 460 OF OFFICIAL RECORDS.
THE EASTERLY 115 FEET OF THE NORTHERLY 65 FEET OF
THE SOUTHERLY 720 FEET OF VINEYARD LOT "G-6", AS
PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF
DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA
THE NORTH 50 FEET OF THE SOUTH 655 FEET OF THE
EAST 135 FEET OF VINEYARD LOT "G-6", AS PER MAP
RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS,
RECORDS OF LOS ANGELES 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. PC96-11 granting
Conditional Use Permit No. 3875; 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 consi-
deration 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.
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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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3875 be, and the same is hereby,
granted permitting a 59-foot high telecommunication monopole
antenna and accessory equipment on the hereinabove described real
property, subject to the following conditions:
1. That the telecommunication monopole and associated
equipment are approved for a period of ten (10) years, to expire
on October 14, 2006.
2. That the monopole shall be painted a neutral color to
match the existing adjacent baseball diamond floodlights; and,
further, that the floodlights on top of the monopole shall be
non-operational.
3. That the monopole base and the equipment enclosure
shall be constructed of masonry block material painted to match
the nearby existing buildings; and shall be planted, irrigated
and maintained, with minimum one (1) gallon in size, clinging
vines, planted on maximum three (3) foot centers, to provide
screening of the enclosure walls and to prevent graffiti
opportunities.
4. That no signage, flags, banners, or any other form of
advertising shall be attached to the proposed monopole, antennas
or accessory equipment.
5. That the terms of the lease agreement shall not
preclude future possibilities for co-location.
6. That the 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 Exhibits
Nos. 1, 1.a, 2 and 3; and that only the monopole, antennas,
floodlights, equipment and fence enclosure illustrated on
Exhibits Nos. 1, loa, 2 and 3 are permitted.
7. 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. 2, 3 and 6,
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.
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8. 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 3rd day of December,
1996.
MAYOR OF THE ~I
ATTEST:
CITY CLERK OF THE EIM
CITY OF
0021310.01
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. 96R-196 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 3rd day of December, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-196 on the 3rd day of December, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 3rd day of December, 1996.
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. 96R-196 was duly passed and adopted by the City Council of
the City of Anaheim on December 3rd, 1996.
CITY CLERK OF THE CITY OF ANAHEIM