Loading...
PC 83-63FESOLUTION N0. PC83-63 A FESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PGTITION FOR CONDITIONAL USE PERMIT N0. 2428 BE DENIED WHEREAS, the Anaheim City Planning Commission did rPCeive a verified Petition for Conditional Use Permit from LARRY R. SMITH, 17046 Marina Bay Drive, Huntingtoa Beach, California 92649, cwner and FOSTER & KLEISER COMPANY, ATTN: ROBERT J, VERMAN, 1550 idest Washington Boulevard, Los Angeles, CalifornLa 900Q7, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOT~S, AS SHOLJN ON A MAP RECORD~D IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF St`iID SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE PACIFIC ELECTRIC RAILROAD, 100.00 FEET WIDE, AS DESCRIBED IN DEED TO THE LOS ANGELES INTER UR.BAN RAILWAY COMPANY RECORDED NOVEMBER 14, 1905 IN BOOK 122, PAGE 278 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 53° 24' 00" WEST 521.61 FEET; THENCE NORTH 0° 13' 00" WEST 72.95 FEET; THENCE NORTH 89° 36' 00" EAST 222.30 FEET TO A LINE 443.00 FEET WESTERLY AND PARALLEL WITH THE EAST LINE OF SAID SECTION 15; THENCE ALONG SAID PARALLEL LINE SOUTH 0° 15' 45" EAST 170,00 FEF,T; THENCE NORTH 89° 36' 00" EAST 240.00 FEET; THENCE SOUTH 0° Y5' 45" EAST TO THE SOUTH LINE OF SAID SECTION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEP,LY 30.00 i~ELT FOR ROAD PURPOSES. ALSO EXCEPTING THEREFROM ANY PORTION LYING WEST OF THE WEST LINE OF THE EAST 20.00 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15. WHEREAS, the City Planning Commission did hold a puolic hearing at the Civic Center in the City of Anaheim on March 21, 1983 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratian of all evidence and reports offered at said hearing, does find and determine the =ollowing facts: #0544I PC83-63 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal. Code Sectton 18.44.050.090 to wit: to permit a billboard in the CL(Commercial, Limited) Zone with waivers of: (A) SECTION 18.05.114 - Maximum dispiay area (300 sq. ft, permitted; 672 sq, ft. proposed) (E) SECTION 18.05.116.020 - Mssimum height ~(27 ft, maximum within 300 £t, of any residential structure permitted; 39 ft. proposed at 270 ft.j 2. That the proposed use and requested waivers are hereby denied on the basis that the petitioner did not demonstrate that a hardship exists due to the size, shape, location, topography or surroundings of subject property; that the proposal is more than twice as large as permitted by Code; and that an undesirable precedent would be established by approving over-sized billboards. 3. That the proposed use will adversely affect the ad~oining land uses and the growth and development of the area in which it is proposed to be located. 4. 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 of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under tne conditions imposed, if any, will be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That tliree persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition, ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a billboard in the CL (Cammercial, Limited) Zone with waivers of maximum display area and maximum height on an irregularly-shaped parcel of land consisting of approximately 1.59 acres, located on the north side of Ball Road, approximately 205 feet west of the centerline of Knott Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General P~an designates the sub3ect property for general commercial land uses commensurates with the proposal; that no sensitive environmental impacts are invo2ved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or ~umulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. ^ -2 PC83-63 r~ i NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning '~ Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findin~s. THE FOREGOING RESOLUTION :s signed and approved by me this 21st day of March, 1983. ~ / C'EIAIRMAN, ANAHEIM CITY ING COMMISSION ATTEST: (~-~i ~ /~"lL.r.~..~-.i SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 21, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HEP,BST, IiING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NOIdE IN WITNESS WfiEREOF, I have hereunto set my hand this 21st day of March, 1983. `~~ ,~ ~~ . , SECRETARY, ANAH~IM C7TY PLANNIrG COMMISSION -3- PC8~-63