Resolution-PC 94-48RESOLl1TI0N NO PC~~I-48
A RESQLUTION OF THE ANAHEIM CITY PLANNING COMMlSSION
AMENDING CERTAIN CON~I710NS OF APPROVAL OF
CQNOITIONAL USC PERMIT N0. 3825
WHE~EA~, on September 21, 1993 City Council approvsd Conditional Use Permit No. :~ 25,
in part, permitting automoblle sales lots with accossory automotive sorvlce/repa(r on three parcels and ~vith
walver of the minimum number of parking spaces and roqulred landscaping abutting a local gtreet (wAivers
of requirod number of trees, required parking lot lanciscaping, maximum numbar of freestanding and roof
signs, permitted locatlon of signs and mfnimum dfstanco between signs were denled) under Resolutlon No.
93R-t Oh, following approval by the Planning t;ommission.
WHEREAS, City Councll, during its public hearing, determined that approvol of the use permit
shnuld not bo conditioned upon removal ~f the bfllboard, thereby necessitating deletlon of two conditlons
(Nos. 7 a~d 1?.) in the Planninfl Commission ResAlut(on No. PC93-86 wh(ch roquired removal of the
billboard; hawevor, the tollowinfl condition (No.12 of the Piann(ng Commission rasolutlon) was inadvortontly
retained and renumbored No. 11 wlien Councit Rosolutlon No. 93R-194 was prepared:
"11. That prior to issuance of s~ building permlt, thcs develoQer shall $ubmit an exocuted agreemont
betweon the bfllboard IesseQ and tho underlying proporty owner agreeing to release their
lease rights xo the biliboard in order to fecilitste fts removal. The agreament shall be sub~er,t
to the prfor review and approval by the City Attorney's OHice. Safd bfllboard shall be removod
prlor to the ~ccupancy of the automobile dsalership prapo~ed for Percel No. 1."
WHEFlEAS, Following d(stribution of Resolution No. 93R-194, it was brouflht to tfie attentfon
of tha City Attorn~y that, to r,arry out tho fntent of the Cib~ Gouncil, Conditlon No. 11 (previou~ly Condition
No. 12 of the Flanning Commission rosolutfon) should Also have been deleted and, thereupon, a revisad
Resolution No. 93R-194 was prepared And mailad daleting Condit(on No. 11 from Resnlutlon No. 93R-194;
and
WHFREAS, Rogoncy Outdoor Advertising, Inc., owner of the billboard, ob~ected to doletion
ot Condflion No. 11 on the qrounds that sa(d cond{tion had not been expressly c~iscussod during the (:ity
Council public hearfng and that another noticed public hearing should be held to consider the deletlon o(
Condition No. 11. nn Decomber 20, 1J93, Regoncy (iled suit against tho City and Miller Fc~rd (n Orange
County Suporior Court contesting the validity of tne deletion of Condition No. 1~1 from ResoluHon No.
93R-19z;and
WHEREAS, subJect proparty owner and the Communfty Develapment Department are now
requesting ofllcial deletlon of Conditfon No. 11 irom Resotution No. 93R-194.
WFIEREAS, the Clty Plann(ng Cornmisslon did hold ~ public hearing at the Cfvic Center in
tho City r~f Anahelm ors Aprfl t8, 1994, at 1:30 p.m., notico ot safd public hea:in{~ having been duly glven
as requireci by law ~nd in accordance with the provlsfuns of the Anahsfm Municipal Code, Chanter 18.03,
to haar and cnnsidor evidQnce tor and egafnst saki proposed amendment and tn fnvestigAte and make
findings and rocommend~tions in connection therAwitir anci
WHEHEAS, ~aid Commissfon, atter duo inspection, Investigation and study made by itsolf
and in fts behalf, and aRor duo consideration uf all evidence and repr,rts oNered at safd hearing, does find
and dwlermino the foilowing facts:
CR2071 M5.WP -~ • ~~~'~~
1. That under Section 18.03.091 of the Anahoim Municipal Code, the Planninq Commission is
authorized 2o modliy a conditlonal use permit (n canrection with a duly-noticed public hearing; and
2. 7hat no one indicated the(r presonce at said public hearing in opposition; and that no
correspandence was receivod in oppositiun to the subJect petition.
CAUFORNIA ENVIRONM~NTA~l1ALl1'~~1CT FINDING: That tho Anahaim Ciry Planning
Commission has revlewod the proposal to delote Condition No, 11 irom City Councll Resolution No.
93R-194 ~nd does hereby ilnd that the Negatlvo Doclaration previously approved in connection with
Conditional Use Permit No, 3625 Is adoquate to serve as the required environmental documentation in
connection wfth this roquest upon f(nding that the declaration reflects the Independent Judgement of tho
lead agency and that it has considered the Negatlve Declaration together with any comments received
during tfie public review process and further tfnding on tho basis of the initiai study and any comments
receivod that thore is no stibstantlal evidence thst tho proJect will have a significant oHect on the
Hnvlronment.
NOW, 7HEREFORF., 8C IT RESOLVEQ that the Anahelm City Planni~~g Commission does
horeby dolote Condition No. 11 of City Council Resolutlon iVa. 93R-194, In Its entirety.
7FIE FOREGOING RESOLUTION
April 18, 1994.
was adopted at the Planning Corrimission meeting oi
,-, /~
~
( ~ 1'~-l., ~%~i!~ k'- 7 /C"~/i1 -
CHAIRMAN, ANAHEIM CITY P}~f(NNI~1G COMMISSION
AT7EST:
0
~ ~~--~ ~/(2~t /,~. /
i~ S CRETARY, AN~ CITY PLANNING COMMISSION
~ STATE OF CALIFQRNIA )
COUNTY OF ORANGE ) ss.
CI'rY OF ANAHEIM )
I, Janot L. Jensan, Secretary of the Ant~hAim Cfry Planning Commission, do hereby cortffy
that tho toregoing resolution was passed And adoptod at a meeting ot the Anaheim Cfty Plannirtfl
Commissiori held on April 18, 1994, by the iollowinfl vote of tho members thereaf;
AYES: COMMISSIONERS: BGYDSTUN, ~ALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT
PJOFS: COMMISSIONERS: NONE
ABSENT: COMMI551UNERS: NONE
I~l WITNESS WH~REOF, I have hereunto set my hand this ~ t day nf ~
1994. -~~~'
~~ /J.2~Lf ~..G Z~ %'~ .ti.r
S~~tETARY, ANAHEIM ITY PLJ+NNING COMMISSION
~/
_2. PC94-AB