Loading...
2002-173RESOLUTION NO. 2002R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO 2002-04495. 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: THE NORTH 203.00 FEET OF THE WEST 203.00 FEET OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 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; 168 sq.ft, existing and proposed) (b) Sections 18.05.093.050 and 18.44.067 Maximum height of freestanding signs. (8 feet permitted; 33 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. 2002-77 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 23r~ 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 the ("original sign"), prior to its recent unpermitted alterations, was constructed in accordance with permits issued by the City Building Division. 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. 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.) (c) Increasing the size of the sign copy area by approximately 32 square feet. 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 to 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 tha~ 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 southeast corner of the intersection of Ball Road and State College Boulevard; signs conforming to applicable code requirements have recently been constructed on other properties in the same vicinity and zone; an existing legal nonconforming freestanding sign exists on property at the northeast corner of said intersection which sign would also be required to the same code requirements should it be structurally altered or changed; 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 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 2002. ATTEST: MAYOR OF THE CITY OF AN~IM C~fY CL~K O~/~HE CITY OF ANAHEIM 45929.1 4 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-173 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 ClT~; CLERI~OF TI--}'E CITY Of ANAHEIM (SEAL)