97-072RESOLUTION NO. 97R -72
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
VARIANCE NO. 4302.
WHEREAS, the City heretofore received an application
for a zone variance to permit a 50 -foot high, double- faced, 299
sq.ft. freestanding pole sign, including a 70 sq.ft. electronic
reader board, which application requested approval of a zone
variance from the following provisions of the Anaheim Municipal
Code:
(a) Sections 18.05.098
and 18.61.067
Permitted type of sign.
(Marquee (changeable copy] signs
prohibited; electronic reader
board advertising sign proposed.)
(b) Sections 18.05.098.011 Permitted size of freestanding
and 18.61.067 signs. (100 sa. ft. permitted in
front setback;. 299 sq. ft.
proposed.)
WHEREAS, a public hearing before the Planning Commission of
the City of Anaheim was held upon due and proper notice, a result
of which Variance No. 4302 was granted, in part, covering the
following described property:
PARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; 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 public
hearing noticed and held as prescribed by law and, as a result
thereof, the City Council does hereby make the following
findings:
1. That the requested waiver of permitted type of sign be
denied on the basis that the petitioner has not sufficiently
demonstrated a physical hardship on the property which would
preclude conformance to the Code. The petitioner has been
granted approval to relocate an existing 38 -foot high, 100
square -foot reader board sign (by Conditional Use Permit No.
3855) from its original location at 1980 -1990 South Anaheim
Boulevard to this property due to the I -5 freeway widening.
Approval of the proposed 50 -foot high, 299 square -foot
combination reader board and tenant name sign would set a
precedent allowing similar marquee signs and larger signs than
permitted by Code in the surrounding area for other businesses
affected by freeway widening.
2. That the requested waiver of permitted size of
freestanding signs be denied on the basis that the petitioner has
not demonstrated a physical hardship on the property or that
strict application of the Zoning Code deprives the property of
privileges enjoyed by other nearby properties with identical
zoning. There are not other electronic reader board signs along
the I -5 freeway in the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance 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 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 20th day of May, 1997.
hi
MAYOR OF THE CITY OF /ANAHEIM
ATTEST:
:CITY CLERK OF TH y CITY OF ANAHEIM
0023146.01
2
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. 97R -72 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: Zemel
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -72 on the 20th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of May, 1997.
(SEAL)
4' CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -72 was duly passed and adopted by the City Council of
the City of Anaheim on May 20, 1997.
0.44CITY CLERK OF THE CITY OF ANAHEIM