RES-2009-068RESOLUTION NO. 2009 -068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2008 -05369 AND VARIANCE NO. 2009 -04771 (1380
SOUTH SANDERSON STREET).
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission did receive a verified Petition for Conditional Use Permit No. 2008 -05369 to
construct a freeway oriented, freestanding electronic readerboard sign for an existing business
school (approval of the request for a freeway- oriented, freestanding electronic readerboard sign
is subject to, and dependent upon. the approval of Zoning Code Amendment No. 2008 00071,
now pending), with a variance, designated as Variance No. 2009- 04771, from the following
provisions of the Anaheim Municipal Code:
a) SECTION NO. 18.44.100.030.0301 Maximum size of a freeway- oriented sign.
(108 square feet permitted; 150 square feet
proposed)
(b) SECTION NO. 18.44.100.030.0302 Maximum height of a freeway- oriented sign.
(30 feet permitted; 65 feet proposed)
WHEREAS, the subject property is located at 1380 Sanderson Street, Anaheim,
California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by
this reference; and is currently developed with a business school in a 19,000 square foot
commercial building located in the C -G (General Commercial) Zone; and the Anaheim General
Plan designates said property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 2009, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against Conditional
Use Permit No. 2008 -05369 and Variance No. 2009 -04771 and to investigate and make findings
in connection therewith; and
WHEREAS, said Planning 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. PC2009 -021 denying Conditional Use
Permit No 2008 -05369 and Variance No. 2009- 04771; and
WHEREAS, within the time prescribed by law, the applicant did appeal said
Planning Commission decision to the Anaheim City Council, asking the City Council to
reconsider Conditional Use Permit No. 2008 -05369 and Variance No. 2009 04771, as requested
by applicant, for a sixty -five (65) foot freeway- oriented, freestanding electronic readerboard sign
for an existing business school that was denied by the Planning Commission; and
WHEREAS, thereafter, the City Council did set said application for a de novo
public hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS. at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing on April 14, 2009 and did give all persons interested
therein an opportunity to be heard and did receive evidence and reports, including all the
evidence submitted to the Planning Commission at the time of its hearing upon said application,
and did consider the same: and
WHEREAS, the City Council, as lead agency for purposes of the California
Environmental Quality Act, does hereby find and determine that the proposed project falls within
the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State
CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional
environmental documentation: and
WHEREAS, the City Council does find, after due inspection, investigation and
study made by itself and in its behalf and after careful consideration of all evidence and reports
offered al said hearing, and having considered the recommendations of the Planning
Commission, that all of the conditions and criteria set forth in Section 18.66.060 of the Anaheim
Municipal Code required for the approval of said conditional use permit are not present for the
following reasons:
1 "['hat the proposed request for a freeway- oriented, freestanding electronic readerboard
sign for an existing business school is not properly one for which a conditional use permit is
authorized under subsections .010 of Section 18.44.050 and .010 of Section 18.44.100 of the
Anaheim Municipal Code.
2 That the freeway- oriented, freestanding electronic readerboard sign requested by the
applicant is excessive and unnecessary and is not needed to identify the business. Furthermore,
the placement, size and other physical attributes of the proposed freeway oriented, freestanding
electronic readerboard sign is aesthetically undesirable and would adversely affect the adjoining
land uses or the growth and development of the area in which the sign is proposed to be located.
3 That the subject property is currently improved with a forty -five (45) foot high legal
nonconforming Pole Mounted Freestanding Sign that is visible from the freeway.
4 That the approval of the conditional use permit, based upon the findings in Section 2
above. would be detrimental to the health and safety of the citizens of the City of Anaheim and
would provide a land use that is not compatible with the surrounding area.
WHEREAS, the City Council does further find and determine that the request for
Variance No. 2009 -04771 pertaining to the maximum size and height of a freeway- oriented sign
should be denied for the following reasons:
2
1. That Variance No. 2009- 04771, should be denied because there has been no adequate
showing by the applicant that such a variance relating to maximum size and height of a freeway
oriented, freestanding electronic readerboard sign is necessary due to 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.
That Variance No. 2009- 04771. should be denied because there has been no adequate
showing by the applicant that such a variance relating to maximum size and height of a freeway
oriented, freestanding electronic readerboard sign is necessary to avoid denial of a privilege
enjoyed by other properties in the same vicinity and zone.
That the subject property is currently improved with a forty -five (45) foot high legal
nonconforming Pole- Mounted Freestanding Sign that is visible from the freeway.
NOW. THEREFORE, BE IT RESOLVED that the Anaheim City Council, for the
reasons hereinabove specified does hereby deny Conditional Use Permit No. 2008 -05369 and
Variance No. 2009 -04771 to permit the construction of a sixty -five (65) foot freeway oriented,
freestanding electronic readerboard sign for an existing business school.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 14th day of April
2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Kring
NOES:
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Council Member Hernandez
A ill. —A1
CITY CLERK OF THE CITY OF ANAHEIM
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CITY OFIINAHEIM
ITY
By:
MAYOR OF THE F ANAHEIM
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2008 -05369
ONINII
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124.02'
SANDERSON AVE
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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