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2001-254RESOLUTION NO. 2001R-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04372, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit one marquee sign and two monument signs upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCELS ONE THROUGH FIVE IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 175, PAGES 28 AND 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC2001-82 granting Conditional Use Permit No. 2001-04372; 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 Con~nission 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 COnSi- deration 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated Conditional Use Permit No. 2001-04372 be, and the same is hereby, granted, in part, permitting one marquee sign and two monument signs on the hereinabove described real property, subject to the following conditions: 1. That all existing freestanding signs on these parcels along the La Palma Avenue frontage, including the Fairmont Private School freestanding sign, shall be removed; and that two monument signs for the schools, designed to meet code standards and complement the Vineyard Church marquee sign, may be constructed for a total of three (3) freestanding signs for this property. 2. That lighting of signage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified in Zoning Code Section 18.05.091.052, unless a variance is applied for and granted. 3. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner. Any additional signage shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 4. That illuminated signs shall be constructed with an opaque background with only the wording and/or logos being illuminated. Said information shall be specifically shown on plans submitted for building permits. 5. That the trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department. Said information shall be specifically shown on plans submitted for building permits. 6. That any required relocation of City electrical facilities to be at developers expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required. 7. That the legal owner of subject property shall provide 2 the City of Anaheim with a public utilities easement (to be determined as electrical design is completed). Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 8. 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 Revision 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein. 9. 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. 4 and 5, 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. 10. That prior to final building and zoning inspections, Condition No. 1,3 and 8, above-mentioned, shall be complied with. 11. 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 compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 2n of October 2001. MAY~ OF~THE HE I M ATTEST: CIY~C~F~THE CITY OF ANAHEIM 42142.1 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-254 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of October, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None (SEAL)