84R-189
RESOLUTION NO. 84R-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2428.
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WHEREAS, the City Planning Commission of the City of
Anaheim did receive ~n application for a conditional use permit
with a waiver of cer~ain provisions of the Anaheim Municipal Code
from LARRY R. SMITH, owner, and FOSTER & KLEISER COMPANY, agent,
to permit a billboard upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
THAT PORTION OF. THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCELLAN~OUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF THE PAC~FIC ELECTRIC RAILROAD, 100.00 FEET
WIDE, AS DESCRI~ED IN DEED TO THE LOS ANGELES INTER
URBAN RAILWAY CPMPANY RECORDED NOVEMBER 14, 1905 IN
BOOK 122, PAGE 278 OF DEEDS, RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 530
24' 00" WEST 52p...61 FEET; THENCE NORTH 00 13' 00" WEST
72.95 FEET; THE~CE NORTH 890 36' 00" EAST 222.30 FEET
TO A LINE 443.00 FEET WESTERLY AND PARALLEL WITH THE
EAST LINE OF SA~D SECTION 15; THENCE ALONG SAID
PARALLEL LINE SOUTH 00 15' 45" EAST 170.00 FEET;
THENCE NORTH 890 36' 00" EAST 240.00 FEET; THENCE
SOUTH 00 15' 45" EAST TO THE SOUTH LINE OF SAID
SECTION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE
POINT OF BEGINNOCNG.
EXCEPTING THEREFROM THE SOUTHERLY 30.00 FEET FOR ROAD
PURPOSES.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WEST OF THE
WEST LINE OF T~ EAST 20.00 ACRES OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
and
WHEREAS, the City Planning Commission did hold a public
hearing upon said a~lication 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. PC83-63 denying
Conditional Use Permit No. 2428; 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 per$ons 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 reco~mendations 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 adjoin-
ing 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 grantipg of the conditional use permit under the
conditions imposed w~ll 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 consideratiop 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
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 applic~tion of the zoning code deprives the
property of privilegies enjoyed by other property under identical
zoning classification in the vicinity.
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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 denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2428 be, and the same is hereby,
granted permitting a billboard (outdoor advertising structure) on
the hereinabove desctibed real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION 18.05.114
Maximum display area
(300 sq. ft. permitted;
672 sq. ft. proposed)
SECTION 18.05.116.020
Maximum height
(27 ft. maximum within
300 ft. of any residen-
tial structure permitted;
39 ft. proposed at 270
ft.)
subject to the following conditions:
1. That prior to issuance of a permit to construct
subject billboard, the following conditions shall be complied
with:
(a) The existing billboard located on this corner on
the Ball Road frontage shall be removed;
(b) The existing "Foster and Kleiser" billboard
located on the southeast corner of Ball Road and Knott Street
shall be removed; and
(c) An agreement shall be submitted to the City
Attorney's Office fot review and approval, agreeing that the
billboard identified in (b), above, shall not be replaced to the
extent that Foster and Kleiser has control of such property by
its lease for said location.
2. That subject property shall be developed substantially
in accordance with Plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 and 2.
3. That prior to final building and zoning inspections,
Condition No. 2, abo~e-mentioned, shall be complied with.
4. That this conditional use permit is granted for a
period of five (5) years from the date hereof at which time it
is terminated (and upon or prior to such date of termination
said billboard shall be removed at no cost to the City.
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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 unen-
forceable by the final judgment of any court of competent juris-
diction, then this ~esolution, and any approvals herein con-
tained, shall be deemed null and void.
THE FOREGOING
the City Council of the
1984.
RESOLUTION is approved and adopted by
City of Anaheim this 22nd day of May,
A44
MAYOR OF THE CITY OF ANAHEIM
ATTE~<l- "/!~
CITY CLERK OF THE CITY OF ANAHEIM
JLW: fm
2641M
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-189 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:
AYES:
COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth
NOES:
COUNCIL MEMBERS: Kaywood
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-189 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.
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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-189 duly passed and
adopted by the Anaheim City Council on May 22, 1984.
~g.. ~
CITY CLERK
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