Resolution-PC 99-227RESOLUTION NO. PC99-227
A RESOLUTION O~ THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4167 BE GRANTED
FOR TEN (10) YEARS TO EXPIRE ON DECEMBER 31, 2009
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in Qhe City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE VAN DE GRAAFF TRACT, IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 440 OF
MISCELlANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
LOS ANGELES COUNTY, ACQUIRED BY THE STATE OF CALIFORNIA BY PARCEL
B OF PARCEL 1(AMENDED) OF FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. 114537, DEED A6291, RECORDED IN BOOK 7285, PAGE 833 OF
EASTERLY BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHERLY 7ERMINUS OF THAT CERTAIN COURSE
DESCRIBED IN PARCEL 2 OF FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. 114537, RECORDED IN BOOK 7279, PAGE 546, OF OFFICIAL
RECORDS, AS HAVING A BEARING AND DISTANCE OF NORTH 17° 20' 15" EAST,
200.12 FEET;
THENCE NORTH 19° 20' 30" EAST, 84.08 FEET TO THE WESTERLY LINE OF SAID
PARCEL B;
THENCE ALONG SAID WESTERLY LINE NORTH 01° 07' 17" EAT, 14.39 FEET;
THENCE NORTH 20° 10' 55" EAST, 29.13 FEET;
THENCE NORTH 18° 04' 18" EAST, 318.01 FEE7 TO THE SOUTHERLY LINE OF
50.00 FOOT
RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD DESCRIFSED AS " FIRST
IN DEED TO PACIFIC IMPROVEMENT COMPANY" RECORDED IN BOOK 454, PAGE
116 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY.
EXCEPT THAT F'ORTION ACQUIRED BY THE CITY OF ANAHEIM BY JUDGEMENT
AND FINAL ORL~ER OF CONDEMNATION ENTERED IN CASE NO. 72 89 59, IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF
ORANGE, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 10, 1995,
AS INSTRUMENT N0, 444568, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 20, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against ~aid proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properiy one for which a conditional usa permit is
authorized by Anaheim Municipai Code Sections 18.05.112 and 18.21.050.080 to construct a new
biliboard with waivers of the following:
CR3849PK.DOC -1- PC99-227
(a) Sections 4.08.020.Oi0 - Prohibited location of fr~ewav-oriented biliboards.
and 18.05.111.050 (billboards prohibited when dasigned to be viewed primarily from
the main traveled roadway of a freeway;
135-foot high, 1,200 sq.ft., double-sided, freeway-oriented
biliboard ro osed adjacent to the SR 57/Orange Freeway)
(b) Sections 18.05.116.Q10 - Maximum sian heiaht.
and 18.21.067 (36 feet permitted; 135 feet proposed)
(c) Sections 18.21.067.070 - Prohibited sians.
and 18.50.100.030 (billboards prohibited on RS-A-43,000 "Residential/Agricultural"
zoned property when (ocated in the Anaheim Stadium Area;
billboard ro osed southwest of Cerritos Avenue and the
SR 57/Orange Freeway in the Anaheim Stadium Area)
2. That waivers (a), (b) and (c), pertaining to prohibited location of freeway-oriented
billboards, maximum sign height and prohibited signs, are hereby approved on the basis that there are
special circumstances applicable to the property such as size, shape, topography, location or
surroundings, which do no2 apply to other identically zoned properties in the vicinity.
3. That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
4. That the proposed use, as approved for a period of ten years, will not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
5. That the size and shape of the site for the proposed use is adequate to ailow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and gene~al welfare. •
6. That 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.
7. That granting of this 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.
8. That the applicant testified at the public hearing that he wouid be removing three
existing billboards located at the southeast corner of Lincoln Avenue and Euclid Street.
9. That one person spoke in opposition to the proposal at the public hearing; and that
no correspondence was received in opposition.
CALIFORNIA ENVIRONfNENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State of California Environmental impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning C~mmission
aoes hereby grant subject Petition for Conditional Use Permit for a period of ten (10) years to expire on
December 31, 2009, upon ihe following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety and generai welfare of the
Citizens of the City of Anaheim:
-2- PC99-227
~
1. That the developer shall maintain "GO 95 clearances" from existing City of Anaheim electrical
facilities; and that any relocation of existing City electric utilities shall be at the expense of the
property owner/developer.
2. That the legal property own~r shall provide the City ofi Anaheim with a public utilities easement to
be determined as electrical design is completed.
3. That the location of any ground-mounted electrical utility devices shall be shown on pians submitted
for building permits. Plans shall also identify the specific treatments of each device (i.e., landscape
screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review
and approval by the appropriate City departments.
4. That prior to placing any advertisements on this billboard, a valid business license shall be obtained
from the Business License Division of the Giry of Anaheim Finance Department.
5. That this biliboard shail be continuously maintained in a"like new" condition and periodically
refurbished as necessary.
6. That subject property shall be developed substantiaily 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 rnarked Exhibit Nos. 1 and 2, and as conditioned herein.
7. That prior to issuance of a building permit or within a pariod of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, and 3, above-mentioned, shall be complied
with. Extensions for fu~ther time to complete said conditions may be granted in accordance with
Section 13.03.090 of the Anaheim Municipal Code.
8. That prior to final building and zoning inspections Condition No. 6, above-mentioned, shali be
complied with.
9. 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 requesk regarding any other applicable ordinance, regulation or requirement.
10. That this conditional use permit is granted for a period of ten (10) years and shall expire on
December 31, 2009.
BE IT FURTHER RESOLVcD that the Anaheim Ciry Pianning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
wifh each and ail of the conditions hereinabove set forth. Should any such ~o~dition, or any part thereof,
be declared invalid or uneriarceable by the final judgment of a~y court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOiNG RESOLUTION was adopted at the Planning Commission meeting of
December 20, 1999.
~ , ~ c~~
CHAIRP RSON, ANAHEIM ITY PLqNNING COMMISSIQN
ATTEST:
~~~ ~J~O '
SECRETAR~', ANAHEIM CITY pLqNNING COMMISSION
-3- PC99 227
I ,. .
1:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, Margarita Solorio, Secretary of the Anaheim Ci'ry Pianning Commission, do herePiy certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City, Planning
Commission held on December 20, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOS'fWICK, BOYDSTUN, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BRISTOL, KOOS
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
_ ~~~~~_ 2000.
_ ~a~ccfa.~~Shc~iec~ •
SECRETARY, NAHEIM CITY PLANNING COMMISSION
'q' _ PC99-227