1985-432RESOLUTION NO. 85R-432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2705.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from CENTURY PROPERTIES, owner, and FOSTER AND KLEISER COMPANY,
agent, to permit a billboard upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH
89° 31' 45" EAST FROM A POINT ON THE WEST LINE OF SAID
SECTION WHICH IS NORTH 0° 12' 15" WEST 609.52 FEET
FROb1 THE SOUTHWEST CORNER OF SAID SECTION.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 290.00 FEET THEREOF.
PARCEL 2:
THE SOUTH 290.00 FEET OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST 205.00
FEET THEREOF; 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
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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. PC85-183 denying
Conditional Use Permit No. 2705; 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 duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
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.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further 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 regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. 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.
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2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives 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, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2705 be, and the same is hereby,
granted permitting a billboard on the hereinabove described real
property with a waiver 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 18.05.116.020 - Maximum height. (27 feet
maximum, within 300 feet
of any residential zone
boundary permitted; 29
feet proposed)
subject to the following conditions:
1. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2; provided, however, that this
billboard shall be single-faced, the display area shall face north,
the back side (south) shall be screened from view (to cover the
structural members) and the billboard shall be supported by a
single pole.
2. That prior to final building and zoning inspections,
Condition No. 1, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared .invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 1st day of October, 1985.
MAYOR OF `PHE CITY O ANAH IM
ATTEST•
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CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm/4304M/101485 -3-
CLERK
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. 85R-432 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the lst day of October, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-432 on the 1st day of October, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this lst day of October, 1985.
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CITY L 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. 85R-432 duly passed and
adopted by the Anaheim City Council on October 1, 1985.
CITY CLERK