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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 72492.vi!M(:Jordon CITY OFIINAHEIM ITY By: MAYOR OF THE F ANAHEIM EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008 -05369 ONINII r 124.02' SANDERSON AVE f Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10688 4-