95-209 RESOLUTION NO. 95R-209
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3800.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a one hundred sixteen (116) foot high cellular
communications tower upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 4 SOUTH, RkNGE 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 51 PAGE 11
OF MISCELLANEOUS MAPS, 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. PC95-144 granting Conditional
Use Permit No. 3800; 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 a4versely 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.
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. 3800 be, and the same is hereby, granted
permitting a one hundred sixteen (116) foot high cellular
communications tower on the hereinabove described real property,
subject to the following conditions:
1. That the steel monopole shall not exceed a height of one
hundred (100) feet and that the overall height of the
structure (including the whip antennas) shall not exceed one
hundred sixteen (116) feet.
2. That the applicant shall negotiate in good faith with other
cellular service providers in the event that co-location
opportunities exist for this facility.
3. That the number and size of all antennas shall not exceed
those shown on Exhibit No. 1.
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 No. 1.
5. 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 No. 4, 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.
6. 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.
7. That if the antennas are ever lowered relative to their
locations on the monopole, the monopole shall also be lowered
to the new antenna height.
8. That both the monopole and the equipment shed shall be removed
from the site at such time as both are no longer in operation.
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9. That this conditional use permit shall expire ten (10) years
from the date of this resolution at which time both the
monopole and the equipment shed shall be removed unless a new
conditional use permit has been approved therefor.
BE IT FATHER 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
jud~ent 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 19th day of December,
1995.
MAYOR OF THE CITY OF ~AHEIM
ATTEST:
CITY CLE~ OF THE CITY OF ~AHEIM
15278.1\Jt~HITE\Decembep 21, 1995 -- 3 --
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. 95R-209 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 19th day of December, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: Zemel
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-209 on
the 19th day of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 19th day of December, 1995.
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. 95R-209 was duly passed and adopted by the City Council of the City of Anaheim on
December 19th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM