99-212RESOLUTION NO. 99R-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 99R-102, NUNC PRO
TUNC, RELATING TO CONDITIONAL USE PERMIT NO.
4109.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT:
WHEREAS, the City Council of the City of Anaheim did, on
May 18, 1999, adopt its Resolution No. 99R-102 approving Conditional
Use Permit No. 4109; and
WHEREAS, through inadvertence and clerical error,
Resolution No. 4109 incorrectly indicates that a requested waiver of
Code Requirement (Sections 18.02.058.014, 18.05.050 and
18.44.050.090) were approved by the City Council, whereas the City
Council minutes accurately reflect the Council's denial of the
requested waiver; and
WHEREAS, the City desires, and the public interest and
general welfare requires, that said error be corrected nunc pro tunc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Resolution No. 99R-102 be, and the same is
hereby amended, nunc pro tunc, by deleting the recital relating to
the waiver (on page 2 of said resolution), and the paragraph relating
to the action taken (on pages 2 and 3 of said resolution, up to the
enumeration of conditions of approval) and substituting therefor the
following:
" WHEREAS, said application requests a waiver of the
following provisions of the AnaheimMunicipal Code:
Sections 18.02.058.014,
18.05,050
and 18.44,050,090
Continuation of nonconform~ ng
billboards.
(Code prohibits additional uses in
connection with existing
nonconform~ ng uses (sm~ll
co.,~-.~rcial center, a liquor store
and two billboards);
petitioner requests retention of
two existing nonconfor~ ng
billboards in connection with
converting a meat market to a
convenience market); and
WHEREAS, the City Council does further find, after careful
consideration of the action of the Planning Co,~.-4ssion 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 Anahe4m Municipal
Code are not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
That there are no special cir~m-~tances applicable to the
request which would warrant granting of a waiver which
provides a special privilege to this property, and that this
property is not irregularly-shaped nor is it constrained by
topography, surroundings or size.
That the waiver is not necessary since the property owner
testified at the Planning Co.~ssion meeting that she desired
to te-,-~nate the lease for the two billboards, thus
elqm~nating the need for the waiver.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, that the
requested waiver of certain provisions of the Anaheim Municipal Code
be, and the s~m~ is hereby denied, and that Conditional Use Permit
No. 4109 be, and the same is hereby, granted subject to the following
conditions:"
BE IT FURTHER RESOLVED that in all other respects, said
Resolution No. 99R-102 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this I~Y of October , 1999.
MAYOR OF TH~HEIM
ATTEST:
CI F THE CITY OF ANAHEIM
32398.1 2
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-212 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 19th day of October, 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-
212 on the 19th day of October, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 19th day of October, 1999.
'C~F ~
THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-212 was duly passed and adopted by the City Council of the
City of Anaheim on October 19th, 1999.
CI~FTTHEC~CI~M