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92-112 RESOLUTION NO. 92R-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3519. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit two billboards 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 188.71 FEET OF THE NORTH 188.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAH JUAH CAJON DE SANTA ANA, PARTLY IN THE CITY OF ANAHEIM, PARTLY IN THE CITY OF FULLERTON, ALL IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 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. PC92-62 denying Conditional Use Permit No. 3519; 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 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 CUP #3519 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 because: (a) Such billboards would impair the public visibility of commercial businesses adjacent to the proposed site which businesses depend upon high public visibility for their sales and trades; (b) Such billboards would be more than twice the maximum size permitted by the Zoning Code and would be esthetically incompatible with, and detrimental to, the commercial businesses in the surrounding area; and 2. 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 for the reasons set forth in paragraphs l(a) and l(b) above and further because said billboard size would be greater than the maximum size permitted by the Zoning Code; and WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: Sections 18.05.114 - Maximum display area of billboard siqns. and 18.44.050.090 (300 sq. ft. per sign face permitted; 672 sq. ft. 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 the applicant failed to produce any evidence that there are 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 in fact, there are no such special circumstances in that the property is a rectangular-shaped parcel measuring 140' x 135' and is similar in size, shape and topography to other parcels immediately north and west of the subject site. 2. That the applicant failed to produce any evidence that strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity and, in fact, such site is not denied any such privileges for the reasons above set forth. 2 CUP #3519 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 to permit two billboards 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 is approved and adopted by the City Council of the City of Anaheim this 9th day of June, 1992. ~O{O~'~E CITY OF ~EIM ATTEST: CITY CLE~ OF THE CITY~O~~ JLW:dnl R34C3519.12 061192 - 3 - (]UP #3519 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. 92R-112 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the. Mayor of the City of Anaheim signed said Resolution No. 92R-112 on the loth ~ day of June, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this loth day of June, 1992. CITY CLERK OF THE CITY OF A~NAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-112 duly passed and adopted by the City Council of the City of Anaheim on June 9, 1992. CITY CLERK OF THE CITY OF ANAHEIM