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PC 77-59RESOLUTI~N N~. PC77-59 A RESOLUTION OF THE ANAHEIy CITY PLANNING COHMISSION THAT PESITION FOR CONDITIONAL USE PE~kiT N0. 1668 BE DEHIED. GHEREAS, the Anaheim City Planning Carmisslon d(d recel4r,; a vcrifled Petition from KENNEY GOLF ENTERPRISES, IkC., 1478 Enderby Way~ Sunnyvsl~e, Callf~rnia 94000 (Owner}; DONALD INVESTMENT CO,, 1303 Avocado Avenue, ~10, Newport Beath, California 92660 (Agent) of certaln real property situated in the ttiy of Anaheim, County of Orange, State of Lallfornla descrlbed as: That portion of Lot 20 ln 8fock "K"of Lhe Kraemer Tract, as per map recorde~ in Boak 12, pages 87 and 88 of Miscellaneous Records, In the office of the Cou~ty Recorder of Los Angeles County, Californta, described as foilows: Beginning at the intersectlon of the Southerly llnc of the Nor*.;urly ;3,00 feet, mcasured at rlgh*. angles, of sald Loi (~ald Southerly lir.e b:;tng also the Southerly line of La Palma Avenue) wtth the Easterly 11ne of [he land descrlbed fn the deed of easement of ihe Clty of Anehelm, recorded DeceRber 9, 1965 in Book 7769, page 192, Offlcial aecords of Orenge County; ~hence a~ong satd Easteriy line and thn Northerly 1(ne of said land as follo,~s: Southwesterly along a curve concave Southeasterly and having a radlus of 15,00 feet, through a central angle of 90~ 00' 00" and an arc distance of 23,56 feet to a line which is perpendicular to sald La Palma Averue, SouCh 16° 16' 00" East along last mentloned line a distance of 556.51 feet to the beginning of a curve concave Northeasteriy and having a radius of 23.00 feet Southeasterly along satd curve through a central angle of 90a 00' 00" and an arc distance of 36.13 feet to a Ilne which ls parallel wlth sald La Palma Avenue, and Nor[h 73° 44' 00" East along las[ mentioned ltne to ihe Wes[erly lin~ of the first descrlbed parcel of land fn the Partlal Roconvsyance recorded on March 12, 1965 fn Book 744j, page 692, Officlal Records of Ormngc County; thence ~long sald Westerly line North 16° 1~' 00" Nest 594.51 feet [o sald Southerly line of Le Palma Avcnue; thence along Le Palma Avenuc, South 73° 44' 00" Wsst to the point ef begfnning, Excepttng therefrom tha Southerly 108.51 feet thcrcof, measured along the Easterly line. AND ALSO: Parcel 2, containing an area 0.710 acres more or less, In the City of Anahelm, County of Orange~ State of Caiifornla, as shown on the map filed in Book 90, Pages 3 and 4 of Parcel Maps in the Offfce ot thc County Rccorder of sald County. WHEREAS, the Clty Planning Commisslon did schedule a publfc hearing at the City Hall In thc Clty of Anahelm qn February 28, 1977, at 1:30 p.m,, notlce of sald Fub11c hearing f;avinfl bean duly glven as required by law and In accordance with [he provislons of the Anahelm Munlclpal Code, Chapter 18,03, to hear and constder evldence for end ageinst said propased condittanal use and to )nvestigate and make flndings end recortmendatlons tn cannectlon therewith; sald publlc hearing having been continued to the Planning Commisslon meeting ot March 14~ 1977; artd RESOLUTION N0. PC77-59 WFiEREAS, sald Commisston, after due inspectfon, investigation and study made by itself and in Ics behaif, and after due consideration of all evidence and reports offered at said hearing, docs find and determine the fiollowing facts: 1. That [he proposed use is properly one for whlch a condttional use permit is au[horized by Anahelm hunlclpal Code Section 18.6?.050.080~ to wtt: permit a billboard in the HL (INDUSTRIAL, LtMITED) ZONE Hith waiver of the fellowin9: a. SECTIOH 18.05.115 - Minlmum structural setback. 50 eet requfred; 1 eet proposeG) b. 5ECTION 18.05.116 - Minlmum hel ht. (8 feet requlred; Inches proposed) c. SECTION 18.05.117.010 - Re uired stee6 sup or[s. (Steel su orts requ red; wood supports proposed Z. That the proposed walvers are hereby denied on the basis tha[ the petltlone~ ~id not demonstrate :hat a hardship Nould be created if sald waivers were denied; [ha[ the pntltioner did not demonsCrate that proposed signing would enhance thc existing busfness activlty; that the pe[Iiioner Indicated to the Planning Commisslon at prevlous public hearings that the off-slte minia[ur~ golf course for which the proposed use is being sought would serve as fts own advertlsing; and, furthermore, approval of the proposal ~vould set en undes!rable precedent for future slmllar requests for off-slte adver[Ising. 3. That the proposed use will adversely affect the adJolning land uses and the growth and development of the area in Nhich it is proposed to be located. 4. That the slzc anA shape of thc sitz proposed for the use is not adcquate so allo++ the full development of the proposed use In a manner not detrimental to the par[icular area nor [o [he peace, health, safety, and generat welfare of the Citizens of the City of Anahcim. 5, that the granting of the Canditlonal Use Permit will be detrlmental to the peace, health, safety and generel welfare of the Cltlzens of the City of Anahelm. 6. That no one indicated thelr presence at said publlc hearing in opposltlon; and thaC no correspondence was recelved in oppasition to the subJect pet(tion. E~~VIRtlNMENTAL IMPACT FINDING: That the Dircctor of the Planntng Department has detcrm ne t at t e propose act vlty falls wlthin the definltion of Sectlon 3.01, Class 3. of the City of Anaheim Guldellne~ to the Requircments for an Environmental Impact Report and Is, therefore, categorfcally axemp[ from the requlrmm~nt to flle an ~IR. NOW, TNEREFORE, BE IT RESOLVED thn[ thc Anehclm Clty Planning Commtsslon does hereby deny subJect Petitlon for Condltlonal Use Permlt on the basis of the aforementfoned flndings. -2- RESOLUTION N0. PC77-59 THE FOREGOING RESOLUTiON is sl9ned and approv d by me this 14th day of Harch~ 1977. H tl N N i Y ~ N MM (55104 ATTEST: ~ ,Z~ 1~,~~ 5 ~.R~-. - ANAHEIM CITY PLANNING COMNISSION STAT~ OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF ANAHEIM ) I, Pamela H. Santala, Secretary Pro Tempure of the Anahelm C(ty Planning Commisslon, do hereby certify that the fore9oing resolutton wrs passcd and adopted at a meeting of the Anahelm City Planning Commission, held on March 14, 1977, at 1:30 p.m.~ by the follawing ~ote af thc members thereaf: AYES: COMMISSIONERS: BARNES~ DAVID, HERBST, KJt(~~ ~S~16l~EY, TOLARp JOHN'S0N NOES: COMMISSIONEaS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS uHEREOF, I have hereunto set my hand CFils TL~h day of tlarch, 197j i'~/.~Y„~_ ~w~~'/~,.~C?'" -y ,d~/__~ E E AR~TAQ '~'~M 6RE ANAHEItf LITY ?lbhlklt;G COMMISSIOti '3- RESOLUTION N0. PC77-59