Loading...
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 -2- 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 -3- 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. ~~ MAYOR OF THE CITY OF A HEIM ATTEST: -G2~ ~G~ CITY CLERK OF THE CITY OF ANAHEIM 31249.1 -4- 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. `~ /,~ ' ~~ /~/ <- ~r , .n-~..2.~LL. T 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