HomeMy WebLinkAboutResolution No. 6498 (Billboard Replacement Denied)~ , /"
RESOLUTION NO. 6498
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING WITHOUT PREJUDICE AN APPLICATIO~J TO
REPLACE A BILLBOARD
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, the applicant has requested approval o~ a
variance to allow a billboard adjacent to Highway 101 near the
Larkspur city limits, on AP 18-141-03; and
WHEREAS, a variance is required because billboards or
general advertising signs are prohibited under Section 14.12.03H
of the City of San Rafael Sign Ordinance; and
WHEREAS, on December 14, 1982, the Planning Commission
denied the applicant's variance request, which denial was appealed
to this Council.
WHEREAS, the Outdoor Advertising Act, California Business
and Professions Code Sections 5200 -5483 provides that govern-
mental entities may not compel removal of an advertising display
located within 660 feet from the right of way of an interstate or
primary highway, as is the applicant's situation, without payment
of compensation as defined by California Eminent Domain Law; and
WHEREAS, the City has attempted unsuccessfully to nego-
tiate the purchase of the applicant's property interest; and
WHEREAS, the California Administrative Code Sections
2240 -2519 implementing the Outdoor Advertising Act provides where,
as appears to be the situation in this instance, an advertising
display has been destroyed as a result of criminal or tortious acts,
the display may be reconstructed in kind; and
WHEREAS, the application for reconstruction before this
Council is not an application to reconstruct in kind but is instead
an application to construct a substantially more oermanent display,
presumably constructed of metal and cement.
NOW, THEREFORE, BE IT RESOLVED that the applicant's request
is denied without prejudice to reapply to reconstruct in kind.
-1-
,
, , ..
RESOLUTION NO. 6498
BE IT FURTHER RESOLVED that application fees for the
above application are waived.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting ------=-----------
of the City Council of said City held on Monday
the 21st day of __ ~M~a~r~c~h~ ______ , 1983, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-2-