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83R-167 RESOLUTION NO. 83R-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2426. "~ WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from STANLEY BLACK, ET AL., owners, and METROPOLITAN OUTDOOR ADVERTISING, agent, to permit an outdoor advertising structure with waivers of certain requirements of the Anaheim Municipal on the following described real property: PARCEL NO.1, AS SHOWN ON A MAP IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A BOLT IN THE PAVEMENT MARKING THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M. AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SECTION 25 AND THE NORTHERLY LINE OF LOT 5 OF TRACT 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, 196 FEET TO A POINT; THENCE SOUTH 00 8' EAST PARALLEL TO THE WEST LINE OF SAID SECTION, 10 FEET TO THE POINT OF BEGINNING OF THE LOT HEREIN DESCRIBED; AND RUNNING THENCE FROM SAID POINT OF BEGINNING EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 5, 36 FEET; THENCE SOUTH 00 8' EAST PARALLEL WITH THE WEST LINE OF SAID SECTION; 58.50 FEET; THENCE WEST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 5, 36 FEET; THENCE NORTH 00 8' WEST PARALLEL WITH THE WEST LINE OF SAID SECTION, 58.50 FEET TO THE POINT OF BEGINNING. 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, 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. PC83-62, denying Conditional Use Permit No. 2426; 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 hear- ing 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 18.61.050.080 of the Anaheim Municipal Code are not present and, therefore, that Conditional Use Permit No. 2426 should be denied based upon the following findings: 1. That the proposed use is not properly one for which a conditional use permit is authorized by the Anaheim Municipal Code because the proposed outdoor advertising structure is proposed to be located within 200 feet of a scenic highway and more than 200 feet from the intersection of two arterial high- ways, both of which locational distances are in violation of applicable limitations expressly set forth in the Anaheim Municipal Code. 2. That the proposed use will adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located because the proposed location is approximately 25 feet from Katella Avenue which has been designa- ted a scenic highway within the City and such proposed structure would constitute visual blight adjacent to one of the main thoroughfares of the City and be visually incompatible with the surrounding land uses and businesses. WHEREAS, the City Council does further find, after careful consideration of the recommendations of the city planning Commission and all evidence and reports offered at said hearing, that all of the conditions and criteria set forth in Section 18.03.040.030 of the Anaheim Municipal Code are not present and, therefore, that said requested waivers of the requirements of the Anaheim Municipal Code should be denied based upon the following findings: 1. That there are no special circumstances applicable to the property which do not apply to other property under identical zoning classification in the vicinity since the subject property is a rectangularly-shaped parcel of land measuring 156' x 981 and does not differ materially from most other property in the same vicinity and zone. -2- 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 since such other property is subject to the same zoning limitations prohib- iting such outdoor advertising structures within 200 feet of a scenic highway or more than 200 feet from the intersection of two arterial highways. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Anaheim that the action of the City Planning Commission denying Conditional Use Permit No. 2426 be, and the same is hereby, affirmed, and that the request of STANLEY BLACK, ET AL., owners, and METROPOLITAN OUTDOOR ADVERTISING, agent, to permit an outdoor advertising structure with waivers of certain requirements of the Anaheim Municipal Code on the hereinabove described real property be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which judi- cial review of the herein decision must be sought is governed by Section 1094.6 of the Code of Civil Procedures. THE FOREGOING RESOLUTION is approved and adopted by City Council of the City of Anaheim this 2 h day of April, ATTEST: ~:J.v~~ CITY 'CLERK OF THE C!TY OF ANAHEIM JLW/fm 1044M 5-11-83 ~" -3- 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. 83R-167 was introduced and adopted at a regular ~, meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of April, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-167 on the 26th day of April, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of April, 1983. cx.-'~I~ CITY CtERK OF THE CITY 0 ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-167 duly passed and adopted by the Anaheim City Council on April 26, 1983. ~-L~ '\ CITY CLERK ~-