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1981-552WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT W. WHITE and JANET M. WHITE, owners, and JAY KINGRY, agent, to permit a billboard with waivers of certain code provisions on real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTH 248.38 FEET OF THE WEST 404.85 FEET OF THE NORTH 15 ACRES OF THE SOUTHWEST QUARTER OF THE NORTH- WEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 24, 1955 IN BOOK 3006 PAGE 303 OF OFFICIAL RECORDS; and ATTY -26 (Papa 1 of 2 Pages) RESOLUTION NO. 81R -552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2270 -1- 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, investi- gation 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. PC81 -217 denying Conditional Use Permit No. 2270 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 persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consider- ation of the recommendations 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 adjoining 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 im- pose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the 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. 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, reversed and that Conditional Use Permit No. 2770 be, and the same is hereby, granted permitting a billboard on the hereinabove described property with waiver of the following pro- visions of the Anaheim Municipal Code: ATTY -26 (Page 2 of 2 Pages) -2- SECTION 18.05.111 SECTION 18.05.112.020 SECTION 18.05.116.020 subject to the following conditions: Permitted location. (billboards permitted within 200 feet of an arterial high- way intersection and no closer than 75 feet from a residential structure; 900 feet from an arterial inter- section and 35 feet from a residential structure proposed) Maximum size. (300 square feet permitted; 672 square feet proposed) Maximum height. (27 feet permitted within 300 feet of a residential structure; 35 feet proposed) 1. 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. 2. That this permit shall expire and said billboard shall be removed in the event of new construction on the subject prop- erty. 3. That said billboard shall not be visible from the Santa Ana Freeway. 4. That this permit shall expire five years from the date hereof. 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 unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st da December, 1981. ATTEST: JLW:fm ERK OF THE C Y OF ANAHEIM R OF TH TY OF EIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R -552 was introduced and adopted at a regular meeting provided by law, of. the City Council of the City of Anaheim held on the 1st day of December, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R -552 on the 1st day of December, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of December, 1981. (SEAL) oCJ CITY CL K OF THE CIT OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -552 duly passed and adopted by the Anaheim City Council on December 1, 1981. TY CLE K