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RES-2013-035 RESOLUTION NO. 2013 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05647 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2012- 00142) WHEREAS, on January 14, 2013, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code to hear and consider evidence for and against proposed Conditional Use Permit No. 2012 -05647 to permit two 15 -foot by 25 -foot video screens (herein referred to as the "Proposed Project ") for that certain real property located at 2695 East Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property "); and WHEREAS, the Property, consisting of approximately 13- acres, is developed with a sports arena (herein referred to as the "Honda Center "). The Property is located in the Public Recreational (PR) Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone - Arena District. The Anaheim General Plan designates the Property for Mixed -Use land uses; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said public hearing, did find and determine under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") that the Proposed Project is within that class of projects which consists of construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, by the adoption of its Resolution No. PC2013 -003 following said public hearing, the Planning Commission did find and determine that all of the following conditions exist with respect to Conditional Use Permit No. 2012 -05647 and the Proposed Project: 1. The proposed video screens are a use for which a conditional use permit is authorized by Section 18.14.030.090 (Additional Uses in the PR Zone) of Chapter 18.14 (Public and Special Purpose Zones) of the Anaheim Municipal Code; and 2. The proposed video screens will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the video screens are consistent with City's vision for the Platinum Triangle to develop as a dynamic urban environment and will add to the visual appeal of the surrounding area, welcoming fans to Anaheim and Honda Center while enhancing the event atmosphere; and 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the proposed video screens will be located on the south side of Honda Center facing the parking lot. The screens will not have an impact on future operations within the vicinity and will add to the vitality of the area; and 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the video screens will be located on an existing facility and, therefore, will not generate additional traffic; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the design of the video screens, including the location of the video screens more than 900 feet from SR -57 and 300 feet from Katella Avenue, is not anticipated to impact the health and safety of citizens in the City of Anaheim. WHEREAS, pursuant to the above findings and by adoption of its Resolution No. PC2013 -003, the Planning Commission recommended that this City Council approve Conditional Use Permit No. 2012 -05647 to permit the Proposed Project contingent upon and subject to the conditions of approval described in Exhibit "B" attached to said Resolution No. PC2013 -003; and WHEREAS, upon receipt of said Resolution No. PC2013 -003, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 19th day of February, 2013, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the proposed Conditional Use Permit No. 2012 -05647 and did give notice thereof in the manner and as provided by law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the proposed Conditional Use Permit No. 2012- 05647, including the recommendations of the Planning Commission; and WHEREAS, on the basis of the findings approved and adopted by the Planning Commission in its Resolution No. PC2012- 05647, the data and analysis set forth in the staff report and associated documents presented to it, testimony for and against the proposed Conditional Use Permit No. 2012 -05647 and the Proposed Project, and comments by members of the City Council, the City Council does find and determine that the Proposed Project is within that class of projects which consists of construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to 2 Section 15311 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council further finds and determines that: 1. The proposed video screens are a use for which a conditional use permit is authorized by 18.14.030.090 (Additional Uses in the PR Zone) of Chapter 18.14 (Public and Special Purpose Zones) of the Anaheim Municipal Code. 2. The proposed video screens will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the video screens are consistent with City's vision for the Platinum Triangle to develop as a dynamic urban environment and will add to the visual appeal of the surrounding area, welcoming fans to Anaheim and Honda Center while enhancing the event atmosphere. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the proposed video screens will be located on the south side of Honda Center facing the parking lot. The screens will not have an impact on future operations within the vicinity and will add to the vitality of the area. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the video screens will be located on an existing facility and, therefore, will not generate additional traffic. 5. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the design of the video screens, including the location of the video screens more than 900 feet from SR -57 and 300 feet from Katella Avenue, is not anticipated to impact the health and safety of citizens in the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2012 -05647 be, and the same is hereby, approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 3 BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2012 -05647 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of February , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: A YOR OF HE CITY OF ANAHEIM ATTEST: 14 41. � I/ CITY CLERK OF THE C Y OF A AHEIM 93245 /TReynolds 4 EXHIBIT "A" DEN/ NO. 2012 -00142 I � APN: 253 - 521 -16 673' co o' a E Q m C7 O v 4U 4✓ C7 z � 4. LP '' 485' / C7 E KATELLA AVE [ :/// ® ,, Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05647 (DEV2012- 00142) REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL 1 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Elevations), and as conditioned herein. 2 The video screens shall be continually maintained in a "like new" condition. Planning 3 The video screens shall not advertise (i) any business, industry, entertainment Planning or activity not conducted, or (ii) any goods or other tangible items not produced, sold or available, or (iii) any services or other intangibles not available or rendered, on the premises, unless otherwise permitted by Code.