99-194RESOLUTION NO. 99R-194
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
VARIANCE NO. 4361.
WHEREAS, after a request for variance to permit a 45-
foot high freestanding, freeway-oriented, double-sided pole sign
within the RS-A-43,000 (Residential/Agricultural) Zone, was
received, a public hearing before the Planning Commission of the
City of Anaheim was held upon due and proper notice, a result of
which Variance No. 4361 was granted covering the following
described property:
THAT PORTION OF THE SOUTHEAST QUARTER OF
FRACTIONAL SECTION 26, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON
DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK
163, PAGES 17 AND 18 OF PARCEL MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; 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 public
hearing noticed and held as prescribed by law; and
WHEREAS, said variance proposes waivers of the
following provisions of the Anaheim Municipal Code:
Sections 18.05.080.030
18.05.095
18.05.095.020
and 18.21.067.030
Signs permitted in residential zones.
(Maximum 4-foot high, 20 sq.ft.
freestanding sign permitted;
45-foot high, 275 sq. ft. freestanding
freeway-oriented pole sign proposed
for an existing mortuary); and
WHEREAS, the City Planning Department is currently in
the process of undertaking a study of signage issues relating to
and in the vicinity of the current widening of the I-5 Freeway;
and
WHEREAS, upon consideration of the evidence and
testimony presented at the City Council public hearing, the City
Council does hereby make the following findings:
1. That there no special circumstances applicable to the
property which do not apply to other property in the same
vicinity and zone because:
(a) said property does not significantly differ in
size, shape, topography or surroundings from other properties in
the same vicinity and zone;
(b) the only stated purpose for said variance is to
allow construction of a sign which can be viewed from the travel
lanes of the I-5 Freeway in both directions; and
(c) other properties in the same zone and vicinity are
subject to the same size and height limitations which prevent
signs on other properties from being viewable from the I-5
Freeway in both directions.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone for the following reasons because
other properties in the same vicinity and zone are subject to the
same size and height restrictions for freestanding signs which
may prevent such signs from being visible, in both directions,
from an adjacent freeway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance No. 4361 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.
BE IT FURTHER RESOLVED that the City staff is directed
to expedite any future discretionary permit application for a
freeway-oriented sign on this property following completion of
the current planning study being undertaken concerning said issue
and that city fees for any such application for a freestanding
freeway oriented sign on the property following completion of
said planning study are hereby waived, on a one-time basis only.
-2-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of September,
1999.
MAYOR OF THE~HE
IM
ATTEST:
C F THE CITY OF ANAHEIM
32518.1
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. 99R-194 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 14th day of September 1999, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
194 on the 14th day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 14th day of September, 1999.
C~THEC~C~~IM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-194 was duly passed and adopted by the City Council of the
City of Anaheim on September 14th 1999.
~OF THE CITY OF ANAHEIM