2000-026RESOLUTION NO. 2000R-26
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 4152.
WHEREAS, the Anaheim City Planning Commission did
receive a verified Petition for Conditional Use Permit for
certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 10, AS SHOWN ON A MAP FILED IN BOOK 222,
PAGES 37 TO 41 INCLUSIVE OF PARCEL MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, AND AS CORRECTED
BY THAT CERTAIN CERTIFICATE OF CORRECTION RE-
CORDED DECEMBER 15, 1989 AS INSTRUMENT NO. 89-
680795 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on October 25,
1999 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 conditional use permit and
to investigate and make findings and recommendations in
connection therewith; and that said public hearing has been
continued from the Commission meetings of August 30, September
13, and September 27, 1999; 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. PC99-185 granting
Conditional Use Permit No. 4152 subject to conditions; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party, or the requisite number of members of the
City Council, 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 hold and conduct such public
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports, and
did consider the same; and
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WHEREAS, the City Council does 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, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons:
1. That the proposed use will adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located because:
The site of the proposed sign is located within
the Scenic Corridor Overlay Zone ("SC Zone") of
the City of Anaheim;
The purpose of the SC Zone as stated in Section
18.84.010 of the Anaheim Municipal Code is to
provide for and promote orderly growth in certain
areas of the City designated as being of
distinctive, scenic importance, while implementing
local governmental agency actions for the
protection, preservation and enhancement of the
unique and natural scenic assets of these areas as
a valuable resource to the community;
The proposed sign would be 45 feet in height and
constructed upon a base ranging in height from an
additional 2 to 13 feet located adjacent to, and
to be primarily if not exclusively visible from,
State Route 91 (the "SR91 FreewaS') in both
directions;
The SR91 Freeway in the vicinity of said proposed
sign has been designated by the State of
California as a scenic highway pursuant to Section
263.5 of the Streets and Highways Code which
designation, if maintained in accordance with the
standards adopted by the Department of
Transportation ("Caltrans"), provides certain
benefits to, and promotes the general welfare of
the citizens of the City of Anaheim;
The proposed sign is not in keeping with the
standards established by Caltrans for scenic
highways;
Section 262 of the Streets and Highways Code
permits Caltrans to revoke the scenic highway
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designation if such freeway area is not maintained
in accordance with Caltrans standards;
Numerous residents of the area appeared at the
public hearing before the City Council and
objected to the approval of said sign as
detrimental to the scenic beauty of the area as
established by the SC Zone;
h e
Approval of said sign would be contrary to the
intent and purpose of the SC Zone, would
jeopardize the State designation of this portion
of the SR91 Freeway as a scenic highway and the
benefits afforded by such designation, and would
be an unwarranted and unprecedented private
intrusion into the SC Zone which would be
detrimental to the adjoining land uses in the
area; and
2. That the granting of the conditional use permit would
be detrimental to the peace, health, safety, and general welfare
of the citizens of the City of Anaheim for the reasons set forth
in paragraph 1 above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission granting said conditional use permit be, and the same
is hereby, reversed for the reasons hereinabove specified, and
that the request of said applicant to permit a freeway-oriented
guide sign for the Festival Regional Shopping Center on the
hereinabove described real property 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 the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of February,
2000.
ATTEST:
OF THE CITY OF ANAHEIM
34561.1
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. 2000R-26 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 11th day of February, 2000, 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. 2000R-26 on the 1 lth day of February, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11 th day of February, 2000.
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-26 was duly passed and adopted by the City Council of the
City of Anaheim on February 1 lth, 2000.
~OF THE CITY OF ANAHEIM