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2001-273RESOLUTION NO. 2001R-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3400 AS SET FORTH IN RESOLUTION NO. 91R-165, AS AMENDED. WHEREAS, on June 4, 1991, the Anaheim City Council adopted Resolution No. 91R-165 to grant Conditional Use Permit No. 3400 and permit a commercial retail center (indoor swap meet); and that Condition No. 21 of said resolution specified that the use was approved for a period of 10 years to terminate on April 22, 2001; and WHEREAS, on July 23, 1991, the City Council adopted Resolution No. 91R-239 to amend certain conditions of approval contained in Resolution No. 91R-165; and WHEREAS, on August 18, 1992, the City Council adopted Resolution No. 92R-182 to amend certain conditions of approval contained in Resolution Nos. 91R-165 and 91R-239; and WHEREAS, on August 29, 2000, the City Council adopted Resolution No. 2000R-188 to reinstate Conditional Use Permit No. 3400 for 10 years until August 29, 2010 and to amend certain conditions of approval, including the following Condition Nos. 16 and 19, which read as follows: "16. That the existing nonconforming freestanding electronic readerboard sign adjacent to the building shall be removed. Any new signage shall be submitted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a "Reports and Recommendations" item. Once approved, the signage shall be constructed and maintained in accordance with approved plans. 19. That within a period of twelve (12) months from the date of this resolution (i.e., by August 29, 2001), Condition Nos. 2, 4 and 16, above-mentioned shall be complied with." WHEREAS, the property is developed with a 133,200 square foot commercial/industrial building which has been modified for use as an indoor swapmeet with accessory outdoor uses (Anaheim Indoor Marketplace); that the property is zoned CL (Commercial, Limited); that the property is located within the Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor area; and that the Land Use Element of the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the petitioner has requested modification of this conditional use permit to permit the existing nonconforming freestanding electronic readerboard pole sign (discussed in Condition Nos. 16 and 19, above mentioned) to remain on the premises until the time limitation for the indoor swap meet expires on August 29, 2010; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 2001, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, the Planning Commission adopted its Resolution No. PC2001-122 further denying the petitioner's request to amend the conditions of approval of Conditional Use Permit No. 3400 to allow the retention of the hereinabove described nonconforming freestanding electronic readerboard sign; and WHEREAS, within the time permitted by law the petitioner did appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on October 23, 2001, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval is not reasonably necessary to protect the public peace, health, safety or general welfare, nor necessary to permit reasonable operation under said Conditional Use Permit No. 3400 for the following reasons: 1. That the proposal to amend this conditional use permit to retain the existing non-operable legal nonconforming freestanding electronic readerboard pole sign (which is required to be removed by August 29, 2001) is authorized by the Anaheim Municipal Code. 2. That the reason for Condition Nos. 16 and 19, which are requested to be deleted, was to encourage aesthetic enhancements on the subject property to be consistent with City Council and Planning Commission's objective for high quality, attractive retail developments citywide. 3. That removal of the 63-foot high freestanding pole sign will eliminate an existing nonconforming structure and use on the property, and would bring the property into greater conformance with the city's existing commercial development standards. 4. That the request is inconsistent with ongoing beautification and revitalization efforts in the Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor area. 5. That the proposed amendment is denied on the basis that approval of the long-term (10-year) reinstatement request to retain the indoor swap meet operation was based, in part, on the premise that various site improvements, such as removal of the nonconforming sign, would be completed in a timely manner; that the petitioner chose not to legally challenge said requirements but instead exercised the permit as extended by Resolution No. 2000R-188 for a period of approximately one year prior to seeking an amendment to retain said sign and, having accepted the benefit of the extended use of the property as approved by Resolution No. 2000R-188, it is incumbent upon petitioner to now comply with the conditions imposed thereunder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3400 as approved by Resolution No. 91R-165, as heretofore amended, be, and the same are hereby, affirmed. BE IT FURTHER RESOLVED that said petition to amend said conditions of approval of Conditional Use Permit No. 3400 be, and the same is hereby, denied and that Resolution No. 91R-165 as heretofore amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and a City Council of the City of Anaheim this ATTEST: CIT%'THE CITY OF ANAHE a opted by the 23~ a~y cto r, 2001. MAY( 28275.3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No, 2001 R-273 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of October, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feidhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring, Tait ABSENT: MAYOR/COUNCIL MEMBERS, None THE CITY OF ANAHEIM (SEAL)