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84R-190 RESOLUTION NO. 84R-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2438. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LA PALMA BUSINESS PARK, owner, and ROBERT D. MICKELSON, agent, to permit a 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: PARCEL 7, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 123, PAGES 46 AND 47, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE 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 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. PC83-95 denying Conditional Use Permit No. 2438; 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 18.03.030.030 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; and 2. That the size and shape of the site proposed for the use is not 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 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; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTION 18.05.114 Maximum display area (300 square feet permitted; 672 square feet proposed) SECTION 18.05.116.010 Maximum height (36 feet permitted; 45 feet 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 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; and 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 denying said conditional use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request of LA PALMA BUSINESS PARK, owner, and ROBERT D. MIKELSON, agent, to permit a billboard (outdoor advertising structure) 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, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the aforesaid decision must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure. -2- City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 22nd day of May, 1984. ~~~ ATTEST: ~<- ;Jt ~ CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2640M 6/8/84 -3- 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. 84R-190 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of May, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler 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. 84R-190 on the 22nd day of May, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of May, 1984. ~et- 4 S'~ 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. 84R-190 duly passed and adopted by the Anaheim City Council on May 22, 1984. ~a~S:~ , CITY CLERK - ....-_ .-E-r_