88-015RESOLUTION NO. 88R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2953.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from F. J. HANSHAW ENTERPRISES, INC., ET AL, 10921 Westminster
Avenue, Garden Grove, CA 92643, owner and RICHARD E.
WANNENMACHER, PATRICK MEDIA, GROUP, lNG., 1550 W. Washington
Blvd., Los Angeles, CA 90015, agent, to permit a 672-square foot,
double-faced billboard with waivers of the hereinafter specified
provisions of the Anaheim Municipal Code on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THE WEST 317.00 FEET OF THE SOUTH 283.00 FEET OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
5, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS
COYOTES IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE
SOUTH S3.00 FEET WITH THE EAST LINE OF THE WESTERLY
190.00 FEET OF SAID SECTION, THENCE NORTH 0 DEGREES 19
MINUTES 44 SECONDS WEST ALONG SAID EAST LINE 107.00
FEET TO A POINT 40.00 FEET SOUTHERLY OF THE NORTHERLY
LINE OF THE SOUTHERLY 200.00 FEET; THENCE NORTH 45
DEGREES, 16 MINUTES, 14 SECONDS WEST 56.63 FEET TO A
POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY 200.00
FEET, SAID POINT BEING 40.00 FEET WESTERLY OF SAID EAST
LINE OF SAID WESTERLY 190.00 FEET; THENCE SOUTH 89
DEGREES, 46 MINUTES, 26 SECONDS WEST ALONG LAST
MENTIONED NORTHERLY LINE 90.00 FEET TO A POINT IN THE
EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID
SECTION; THENCE SOUTH 0 DEGREES, 19 MINUTES, 41 SECONDS
EAST ALONG LAST MENTIONED EASTERLY LINE 122.00 FEET TO
A POINT 25.00 FEET NORTHERLY OF SAID NORTH LINE OF THE
SOUTH 53.00 FEET OF SAID SECTION; THENCE SOUTH 46
DEGREES, 23 MINUTES, 58 SECONDS EAST 36.10 FEET TO A
POINT IN SAID NORTH LINE OF SAID SOUTH 53.00 FEET OF
SAID SECTION, SAID POINT BEING 26.00 FEET EASTERLY OF
SAID EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID
SECTION; THENCE NORTH 89 DEGREES, 46 MINUTES, 26
SECONDS EAST ALONG LAST MENTIONED NORTH LINE 104.00
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF DESCRIBED IN A DEED TO
THE STATE OF CALIFORNIA RECORDED MARCH 6, 1974 IN BOOK
11088, PAGE 1871 OF OFFICIAL RECORDS; 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. PC87-234 approving,
part Conditional Use Permit No. 2953; and
in
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 hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does 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, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not
present for the following reasons:
1. That the record does not contain substantial evidence
that 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; and
2. That the record does not contain substantial evidence
that 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; and
3. That the record does not contain substantial evidence
that the granting of the conditional use permit would not be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim.
-2-
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.05.116.020
- Maximum height.
(51 feet permitted;
propos---f~-g).
56 feet
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the
City Council regarding said requested waivers, that ail of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no 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 because there is no evidence
that the property differs from other property in the vicinity and
under the same zoning classification.
2. That strict application of the zoning code does not
deprive 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 the action of the City Planning
Commission approving, in part, said conditional use permit be, and
the same is hereby, reversed for the reasons hereinabove
specified, and that the request of applicant to permit a
672-square foot, double-faced billboard on the hereinabove
described real property with waivers of the aforesaid provisions
of the Anaheim Municipal Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be Sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be Sought is governed by
the provisions of Section 1094.6 of the Code of Civil Procedure
and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION
City Council of the City of
is approved and adopted by the
Anaheim this 12th day of January, 1988.
MAYOR F~THE G1T~ F ANAHEIM
ATTEST:
C OF ANAHEIM
JLW:jb/2216L/Ol1388
-3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ~gAHEIM )
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-15 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of January, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
CO~gCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
~gD I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-15 on the 12th day of January, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of January, 1988.
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. 88R-15 duly passed and adopted
by tile Ana~eim City Council on January 12, 1988.
CITY CLERK OF THE CITY OF ANAHEIM