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95-194 RESOLUTION NO. 95R-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3789. 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 76-foot high cellular monopole tower and an accessory equipment room upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 11 IN BLOCK K OF THE KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 2 AND ACQUIRED BY THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 1 DEG. 32' 22" WEST 208.52 FEET; THENCE SOUTH 09 DEG. 11' 38" EAST, 56.85 FEET TO A TANGENT CURVE HAVING A RADIUS OF 55.00 FEET IN THE WESTERLY BOUNDARY OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NO. 693, RECORDED IN BOOK 9010, PAGES 698 OF OFFICIAL RECORDS OF LAST SAID COUNTY; THENCE NORTHERLY AND EASTERLY ALONG THE BOUNDARY OF SAID PARCEL 1 OF SAID RELINQUISHMENT THROUGH AN ANGLE OF 89 DEG. 07' 18", AN ARC DISTANCE OF 85.55 FEET AND SOUTH 78 DEG. 16' 41" EAST 10.38 FEET TO A POINT WHICH IS ALSO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN SAID DEED RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAST SAID PARCEL 1, NORTH 15 DEG. 58' 26" WEST TO THE POINT OF BEGINNING; 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. PC95-116 granting Conditional Use Permit No. 3789; 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 - 2 - 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, 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. 3789 be, and the same is hereby, granted permitting a 76-foot high cellular monopole tower and an accessory equipment room on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Section 18.61.063.012 - Minimum structural setback abutting a freeway riqht-of-wa¥. (25 feet required; 24 feet proposed for cellular tower and equipment building) subject to the following conditions: 1. That the number of arrays, dishes and antennas shall not exceed the quantity shown on Exhibit No. 1. 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; provided, however, that the area between the fenced enclosure and the front property line (Coronado Street) shall be landscaped and irrigated. 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. - 3 - 5. That any interference of two-way radio service experienced by existing neighboring businesses or public agencies as a result of the monopole installation/operation, shall be corrected in a timely manner, in accord with applicable FCC regulations and at the expense of the petitioner. 6. That in the event the ownership of the subject property of surrounding properties change in fulfillment of development goals associated with the City's Specific Plan 94-1, Development Area 1A-Recycling Overlay, within which the subject property is located, necessary access for servicing, repairs or inspection of the monopole site will be granted to the petitioner by the successor landowner. 7. That this conditional use permit shall expire either (i) at midnight on November 28, 2007, or (ii) at such time as it is reasonably economically feasible to eliminate or reduce the height of the monopole, whichever occurs earlier. 8. 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. 9. That both the monopole and the accessory equipment room shall be removed from the site at such time as both are no longer in operation. 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 28th day of November, 1995. ATTEST:~ /~ CITY CLERK OF THE CITY OF ANAHEIM 9965.\LI4~NTON\November 29, 1995 -- 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. 95R-194 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of November, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Fetdhaus, 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-194 on the 28th day of November, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of November, 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-194 was duly passed and adopted by the City Council of the City of Anaheim on November 28th, 1995. CITY CLERK OF THE CITY OF ANAHEIM