2002-172RESOLUTION NO. 2002R-172
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
VARIANCE NO 2002-04494.
WHEREAS, the Anaheim City Planning Commission did
receive a verified Petition for Variance for certain real
property situated in the City of Anaheim, County of Orange, State
of California described as:
PARCEL 1: THAT PORTION OF LOT 11 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP MADE BY WILLIAM HAMEL, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 95
OF TRACT NO. 1565, AS SHOWN ON A MAP RECORDED
IN BOOK 49 PAGES 20 TO 24 INCLUSIVE OF
MISCELLANEOUS NAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 15° 16' 04" WEST
175.00 FEET TO THE SOUTHWEST CORNER OF LOT 94
OF SAID TRACT NO. 1565; THENCE NORTH 74° 29'
40" EAST 225.00 FEET ALONG THE SOUTHERLY LINE
OF SAID LOT 94 AND ITS EASTERLY PROLONGATION
TO THE CENTERLINE OF PLACENTIA AVENUE AS
SHOWN ON SAID MAP OF TRACT NO. 1565; THENCE
SOUTH 0° 10' 55" WEST 181.77 FEET ALONG SAID
CENTERLINE TO THE EASTERLY PROLONGATION OF
THE NORTHERLY LINE OF SAID LOT 95; THENCE
SOUTH 74° 29' 40" WEST 176.58 FEET TO THE
POINT OF BEGINNING.
PARCEL 2: LOT 94 OF TRACT NO. 1565, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 49
PAGES 20 TO 24 INCLUSIVE OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the petitioner proposes waivers of the
following to retain un-permitted modifications to an existing
freestanding sign:
(a)
Sections 18.05.093.020
and 18.44.067
Maximum area of freestanding
signs.
(65 sq.ft, per face permitted;
160 sq.ft, existing and
proposed)
(b)
Sections 18.05.093.050
and 18.44.067
Maximum height of freestanding
signs.
(8 feet permitted; 31 feet
existing and proposed)
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on May 20,
2002, at 1:30 p.m., 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 variance and
to investigate and make findings and recommendations in
connection therewith; and that the hearing was continued from
the May 6, 2002 Planning Commission meeting; and
WHEREAS, after due inspection, investigation and study
made by itself and on its behalf, and after due consideration of
all evidence and reports offered at said hearing, the Planning
Commission adopted its Resolution No. 2002-76 denying said
waivers; and
WHEREAS, thereafter, within the time prescribed by law,
the petitioner did appeal said decision of the Planning
Commission and did thereby cause the review of said decision at a
public hearing duly noticed and held as prescribed by law on the
23rd day of July, 2002, in the Council Chamber of the Anaheim City
Hall; and
WHEREAS, after due inspection, investigation and study
made by itself and on its behalf, and after due consideration of
all evidence and reports offered at said public hearing, the City
Council does hereby make the following findings:
1. The freestanding sign at issue herein, prior to its
recent unpermitted alterations, was originally constructed in
1985 (the "original sign") in accordance with permits issued by
the City Building Division at that time.
2. Since construction of the original sign, numerous
changes have been made to the Anaheim Municipal Code modifying
the requirements for freestanding signs, including changes to the
maximum permitted height and sign area of such signs.
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3. The original sign fails to conform to the maximum
height and size area requirements currently set forth in the
Anaheim Municipal Code (Sections 18.05.093.020, 18.05.093.050 and
18.44.067).
4. The original sign, prior to its recent unpermitted
alterations, was a legal nonconforming sign which was permitted
to remain and continue as nonconforming to the Anaheim Municipal
Code provided no structural changes or alterations were made
thereto. In this regard, Section 18.05.051 of the Anaheim
Municipal Code provides:
"Except as otherwise provided herein, any sign or other
advertising structure which, though not conforming to the
provisions of this chapter, has received approval by both the
Zoning Division and the Building Division, or had received
approval prior to the effective date of this ordinance from the
City Council or the Chief Building Official or his authorized
representative, may continue, provided that any structural change
or alteration of such sign shall be subject to the approval of
the Planning Commission and/or the City Council through a
variance proceeding as prescribed in Section 18.03.040 of this
Code."
5. Structural changes and alterations were recently made
to the original sign involving, at a minimum:
(a) Removing, replacing and increasing the height of
the column supports.
(b)
Replacing and modifying the appearing of the sign
faces.
6. Such structural changes and alterations have resulted
in the loss of the legal nonconforming status of the modified
sign, as prescribed in Section 18.05.051 of the Anaheim Municipal
Code, and requiring said sign to either conform to the current
requirements of the Anaheim Municipal Code concerning
freestanding signs or, to the extent the modified sign fails ~o
conform to such requirements, to obtain a variance pursuant to
Section 18.03.030 of said Code.
7. The modified sign fails to meet the requirements for a
variance from the applicable provisions of the Anaheim Municipal
Code as hereinabove set forth for the following reasons:
(a) There are no special circumstances applicable to
the property which do not apply to other property in the same
vicinity and zone because:
i) Ail other new or structurally altered signs
on other property in the same vicinity and zone must conform to
the requirement of the Anaheim Municipal Code, including the
maximum height permitted (8 feet) and maximum area of sign
permitted (65 square feet per sign face) to which the sign at
issue herein is required to conform.
ii) Other properties in the same vicinity and
zone have recently constructed signs conforming to the height
and size limitations of the Anaheim Municipal Code.
iii) Petitioner has failed to demonstrate that
there are any unusual circumstances, such as size, shape or
topography of the land, which would justify approval of the
requested waivers.
iv) The justification offered by the Petitioner
is that the modified sign are intended to incorporate the new
image program of the Shell Company. However, such image concerns
and marketing plans are inadequate to justify the requested
waivers.
(b) Strict application of the zoning code does not
deny the property of privileges enjoyed by other properties in
the same vicinity and zone because:
i) Other properties in the same vicinity and
zone are required to construct any new signs, or existing signs
which are structurally altered, in conformity to the applicable
requirements of the zoning code to which the petitioner is being
required to conform.
ii) Petitioner's property is located on the
southwest corner of the intersection of Lincoln Avenue and State
College Boulevard; signs conforming to applicable code
requirements have recently been constructed by the property
owners at the northeast and southeast corners of said
intersection; additionally petitioner has constructed a code
conforming sign on property located at Harbor Boulevard and Ball
Road.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove set forth,
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
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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 23rd day of July, 2002.
ATTEST:
CIT~ CLERK~OF ~HE CITY OF ANAHEIM
45859.1
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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. 2002R-172 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 23rd day of July, 2002, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Kring, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Tait
CI'fY CLERK~'OF T~E CITY OF ANAHEIM
(SEAL)