Loading...
88-015RESOLUTION NO. 88R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2953. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from F. J. HANSHAW ENTERPRISES, INC., ET AL, 10921 Westminster Avenue, Garden Grove, CA 92643, owner and RICHARD E. WANNENMACHER, PATRICK MEDIA, GROUP, lNG., 1550 W. Washington Blvd., Los Angeles, CA 90015, agent, to permit a 672-square foot, double-faced 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: THE WEST 317.00 FEET OF THE SOUTH 283.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH S3.00 FEET WITH THE EAST LINE OF THE WESTERLY 190.00 FEET OF SAID SECTION, THENCE NORTH 0 DEGREES 19 MINUTES 44 SECONDS WEST ALONG SAID EAST LINE 107.00 FEET TO A POINT 40.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTHERLY 200.00 FEET; THENCE NORTH 45 DEGREES, 16 MINUTES, 14 SECONDS WEST 56.63 FEET TO A POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET, SAID POINT BEING 40.00 FEET WESTERLY OF SAID EAST LINE OF SAID WESTERLY 190.00 FEET; THENCE SOUTH 89 DEGREES, 46 MINUTES, 26 SECONDS WEST ALONG LAST MENTIONED NORTHERLY LINE 90.00 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE SOUTH 0 DEGREES, 19 MINUTES, 41 SECONDS EAST ALONG LAST MENTIONED EASTERLY LINE 122.00 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTH 53.00 FEET OF SAID SECTION; THENCE SOUTH 46 DEGREES, 23 MINUTES, 58 SECONDS EAST 36.10 FEET TO A POINT IN SAID NORTH LINE OF SAID SOUTH 53.00 FEET OF SAID SECTION, SAID POINT BEING 26.00 FEET EASTERLY OF SAID EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE NORTH 89 DEGREES, 46 MINUTES, 26 SECONDS EAST ALONG LAST MENTIONED NORTH LINE 104.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 6, 1974 IN BOOK 11088, PAGE 1871 OF OFFICIAL RECORDS; 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. PC87-234 approving, part Conditional Use Permit No. 2953; and in 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 Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: 1. That the record does not contain substantial evidence that 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; and 2. That the record does not contain substantial evidence that 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; and 3. That the record does not contain substantial evidence that the granting of the conditional use permit would not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. -2- WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.05.116.020 - Maximum height. (51 feet permitted; propos---f~-g). 56 feet 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 ail 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 because there is no evidence that the property differs from other property in the vicinity and under the same zoning classification. 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 approving, in part, said conditional use permit be, and the same is hereby, reversed for the reasons hereinabove specified, and that the request of applicant to permit a 672-square foot, double-faced billboard 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 City Council of the City of is approved and adopted by the Anaheim this 12th day of January, 1988. MAYOR F~THE G1T~ F ANAHEIM ATTEST: C OF ANAHEIM JLW:jb/2216L/Ol1388 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ~gAHEIM ) i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-15 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of January, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CO~gCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None ~gD I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-15 on the 12th day of January, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of January, 1988. 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. 88R-15 duly passed and adopted by tile Ana~eim City Council on January 12, 1988. CITY CLERK OF THE CITY OF ANAHEIM