84R-190
RESOLUTION NO. 84R-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2438.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from LA PALMA BUSINESS PARK, owner, and ROBERT D. MICKELSON,
agent, to permit a 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:
PARCEL 7, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 123,
PAGES 46 AND 47, OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE 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 re-
quired 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. PC83-95 denying
Conditional Use Permit No. 2438; 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 hold and conduct such public hear-
ing 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 proposed use will 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 size and shape of the site proposed for the
use is not 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 granting of the conditional use permit would
be detrimental to the peace, health, safety, and general welfare
of the citizens of the City of Anaheim; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTION 18.05.114
Maximum display area
(300 square feet permitted;
672 square feet proposed)
SECTION 18.05.116.010
Maximum height
(36 feet permitted; 45 feet
proposed.
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 all 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; and
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 denying said conditional use permit be, and the same
is hereby, affirmed for the reasons hereinabove specified, and
that the request of LA PALMA BUSINESS PARK, owner, and ROBERT D.
MIKELSON, agent, to permit a billboard (outdoor advertising
structure) 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, pursuant to City Council
Resolution No. 79R-524, the time within which judicial review of
the aforesaid decision must be sought is governed by the
provisions of Section 1094.6 of the Code of Civil Procedure.
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City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 22nd day of May, 1984.
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ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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2640M
6/8/84
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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. 84R-190 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of May, 1984, by the following vote of the members thereof:
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AYES:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-190 on the 22nd day of May, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of May, 1984.
~et- 4 S'~
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. 84R-190 duly passed and
adopted by the Anaheim City Council on May 22, 1984.
~a~S:~
, CITY CLERK
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