99-107RESOLUTION N0. 99R-107
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4082.
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
to permit a shopping center identification sign consisting of a
48-foot high freestanding pylon sign upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL A:
PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN
BOOK 26, PAGE 38 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN
BOOK 51, PAGE 4 OF PARCEL, MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA; 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
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. PC98-203 denying
Conditional Use Permit No. 4082; 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
consideration 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 because of
impairment of visibility of the property due to temporary freeway
construction.
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
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the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4082 be, and the same is hereby,
granted permitting a shopping center identification sign
consisting of a 48-foot high freestanding pylon sign on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
(a) Sections 18.05.094.030 - Permitted location of freestanding
and 18.44.067 sign. (minimum 120-foot setback from
adjacent property lines required;
none proposed from north property
line)
(b) Sections 18.05.094.050 - Maximum height of freestandin sign.
and 18.44.067 (25 feet permitted; 48 feet
proposed)
subject to the following conditions:
1. That the supporting poles shall be enclosed or "wrapped" in
sheet metal and finished to match the building exterior. Such
information shall be shown on the plans submitted for building permits.
2. That any required relocation of city electrical facilities
sha]_1 be solely at the expense of the property owner/developer.
3. That the sign shall be illuminated only during the store's
normal operating hours (6 a.m. to 9 p.m.).
4. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
5. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1 and 2, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
6. That prior to final building and zoning inspections,
Condition No. 4, above-mentioned, shall be complied with.
7. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Anaheim
Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to
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compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
8. That this permit shall expire, and the freestanding sign
authorized by this permit shall be removed or otherwise brought into
all applicable code requirements, not later than June 8, 2001.
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 8th day of June, 1999.
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MAYOR OF THE CITY OF A HEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
31249.1
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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. 99R-107 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 8th day of June 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED/ABSENT: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-107 on the 8th day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of June, 1999.
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CITY CLERK 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. 99R-107 was duly passed and adopted by the City Council of the
City of Anaheim on June 8th 1999.
CITY CLERK OF THE CITY OF ANAHEI