2000-0540
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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. PC99-227 granting
Conditional Use Permit No. 4167; 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 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
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Conumission 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 is not properly one for which a
conditional use permit is authorized by the Anaheim Municipal Code,
or is not listed thereon as a permitted use because
(a)
such application is for a freeway-oriented billboard
which use is expressly prohibited by Sections 4.08.020
and 18.05,111.050 of the Anaheim Municipal Code; and
(b)
the proposed site is located in the Sports Entertainment
Overlay Zone of the City which expressly prohibits
billboards; 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.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
(a)
Sections 4.08.020.010
and 18.05.111.050
Prohibited location of freeway-
oriented billboards.
(billboards prohibited when
designed to be viewed primarily
from the main traveled roadway
of a freeway; 135-foot high,
-2-
1,200 sq.ft., double-sided,
freeway-oriented billboard
proposed adjacent to the SR
57/Orange Freeway)
(b)
Sections 18.05.116.010
and 18.21.067
Maximum sign height.
(36 feet permitted;
proposed)
135 feet
(c)
Sections 18.21.067.070
and 18.50.100.030
Prohibited signs.
(billboards prohibited on RS-A-
43,000
"Residential/Agricultural" zoned
property when located in the
Anaheim Stadium Area; billboard
proposed southwest of Cerritos
Avenue and the SR 57/Orange
Freeway in the Anaheim Stadium
Area)
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the City
Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no 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:
(a)
billboards are expressly prohibited in the zone (Sports
Entertainment Overlay Zone) in which the property is
located and freeway-oriented billboards are expressly
prohibited by Sections 4.08.020 and 18.05.111.050 of the
Anaheim Municipal Code; and
(b)
Section 18.03.040.020 of the Anaheim Municipal Code
prohibits the granting of a variance to authorize a use
or activity which is not otherwise expressly authorized
by the zone regulations governing the property.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity 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
said conditional use permit be, and the same is hereby denied, for
-3-
the reasons hereinabove specified, and that the request to permit a
freeway-oriented billboard on the hereinabove described real
property with waivers of the aforesaid provisions of the Anaheim
Municipal Code 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.
ATTEST:
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of March, 2000.
MY~O~R OF THE CITY OF ANA M
CI OF THE CITY OF ANAHEIM
35120.1
-4-