92-112 RESOLUTION NO. 92R-112
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3519.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit two billboards 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 188.71 FEET OF THE NORTH 188.00 FEET
OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAH JUAH CAJON DE SANTA
ANA, PARTLY IN THE CITY OF ANAHEIM, PARTLY IN
THE CITY OF FULLERTON, ALL IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID 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
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. PC92-62 denying Conditional
Use Permit No. 3519; 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 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
CUP #3519
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 because:
(a) Such billboards would impair the public visibility
of commercial businesses adjacent to the proposed
site which businesses depend upon high public
visibility for their sales and trades;
(b) Such billboards would be more than twice the maximum
size permitted by the Zoning Code and would be
esthetically incompatible with, and detrimental to,
the commercial businesses in the surrounding area;
and
2. 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 for the reasons set forth in
paragraphs l(a) and l(b) above and further because said billboard
size would be greater than the maximum size permitted by the Zoning
Code; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Sections 18.05.114 - Maximum display area of billboard siqns.
and 18.44.050.090 (300 sq. ft. per sign face permitted;
672 sq. ft. 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 the applicant failed to produce any evidence 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 and in fact, there are no such
special circumstances in that the property is a rectangular-shaped
parcel measuring 140' x 135' and is similar in size, shape and
topography to other parcels immediately north and west of the
subject site.
2. That the applicant failed to produce any evidence that
strict application of the zoning code deprives the property of
privileges enjoyed by other property under identical zoning
classification in the vicinity and, in fact, such site is not
denied any such privileges for the reasons above set forth.
2
CUP #3519
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 to permit two billboards 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 is approved and adopted by the
City Council of the City of Anaheim this 9th day of June, 1992.
~O{O~'~E CITY OF ~EIM
ATTEST:
CITY CLE~ OF THE CITY~O~~
JLW:dnl
R34C3519.12
061192
- 3 -
(]UP #3519
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. 92R-112
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day
of June, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the. Mayor of the City of Anaheim signed said Resolution No. 92R-112 on the loth ~
day of June, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this loth
day of June, 1992.
CITY CLERK OF THE CITY OF A~NAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Resolution No. 92R-112 duly passed and adopted by the City Council of the City of Anaheim on June 9, 1992.
CITY CLERK OF THE CITY OF ANAHEIM