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Resolution-PC 2009-028RESOLUTION NO. PC2009-028 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05293 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2008-23 (TRACKING NO. CUP2008-05397) BE GRANTED (2000 EAST GENE AUTRY WAY, 2000 SOUTH STATE COLLEGE BOULEVARD, AND 2379 EAST ORANGEWOOD AVENUE) WHEREAS, on February 2Q 20Q8, the Anabeim Planning Commission adopYed Resolution No. 2008-23 granting Conditional Use Permit No. 2007-05293 to permit the modification of two legally non-confomung electro~ic readerboard signs ~vitnin the Angel Stadium of Anaheim pazking lot, including tt~e `Big A" sign, at 2000 East Gene Autry Way, 2000 South State College Boulevard, and 2379 East Orangewood Avenue; and WHEREAS, this properCy is currenYly developed with the Angel Stadium af Anaheim a~d is zoned Public Recreation (PR) Zone, Pla6num Triangle Mixed Use (PTMLT) Overlay and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the A~aheim Planning Commission did receive a verified Petition Yo amend CondiCional Use Permit No. 2007-05293 (Tracking No. CUP2008-05397) to permit two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim for certain real properry situaCed in the City of Anaheim Cou~ty of Oraoge, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by thSs reference; and WHEREAS, Yhe Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, at 2:30 p.m, notice of said p~blic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed conditional ~se permit aod to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by iCSelf and in its bel~alf, ~nd after due consideration of all evidence and reports offered at said hearing, does find and determine Yhe following facts: 1. '3'hat the proposed amendment to permit two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim, is properly one for which a conditional use permit is autfiorized by Anaheim Municipal Code Section 18.20.03~.020 and 18.44.050.010. 2. That khe proposed amendment would not adversely affect ttie ad}oining land uses and the growCh and developme~t of ti~e area in which it is located because tbe proposed moditications to the existing Big "A" sign are compatible with the primary use of the property as a regional sports and events venue; and - 1 - PC2009-028 3. That no traffic would be generated by the proposed modifications to the existing Big "A" sign as they are an accessory marketing device for the regional sports and event facility and would not impose an undue burden upon the streets and highways designed and improved to cany the traffic in Che area; and 4. That granting Chis amendment to the canditional use pemvt, u~der the conditions imposed, will oot be detrimenta] to Yhe health and safety of the citizens of Che City of A~aheim; and 5. That no oue indicated their presence aY said public hearing in opposition; and that no corresponde~ce was received in opposition to the subject petition. NOW, THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission has reviewed khe proposal and does hereby find that a Class 1 Categorical ExempCion in connection with Conditional Use Pernut No. 2007-05293 (Tracking No. 2008- 05397) is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permik No. 2007-05293 to permit two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim pursuant to Code Section 18.60190 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend, io their entirety, tbe condiCions of approval in connection wrth Planning Commission Resolation No. 2008-23, as adopted in connection with Conditional Use Permit No. 2007-05293, to read as shown in Exhibit "B" attached hereto and incarporated berein by Chis reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Planning Commission Resolution No. 2008-23 shall remain in full force and effect. BE IT FCTRTHER RESOLVED that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendments to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anal~eim Municipal Code. BE IT FURTHER RESOLVED that Che Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions herein set forth. Should any such condition, or any part khereof, be declared invalid or u~eofarceable by the 5na1 judgmeot of any court of competent jurisdaction, then tbis ResoluCion, and any approvals hereio contaiaed, shall be deemed null and void. - 2 - PC2009-0~8 $B IT FLTRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discreYionary case applicaYion withio 15 days of the issuance of the final invoice. Failure Go pay all charges shall result in the revocation of the approval of this appGcaCion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Febmary 18, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of Che Anaheim Mu~icipal Code pertaining to appeal pracedures and may be replaced by a City Council Resolation in the event of an appeal. CHAIRMAN, A HEI PLANNIN C'A4v~IISSION ATTESTr-- SENIOI~~RETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify thaC the foregoiog resolution was passed and adopted at a meeting of the Anaheim Flanning Commission held on February 18, 2009, by the following vote of the members thereof: AYES: COMMISSI(3NERS: AGARVJAL, BUFFA, EAST`MAN, FAESSEL, RAMIREZ, ROMERO NOES: COMNIISSIONEl2S: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand t6is ~( ~ day of March, 2009. X, ANAHEIM PLANNING COMMISSION - 3 - PC2009-028 EYHIBIT "A" CONDIT~ONAL TJSE PERMIT NO. 2007-05293 - 4 - PC2009-028 ~ ~-~ '~~~~~ Source: Recorded Tract Maps and/or Ciry GIS. ~ Please nnte the accuracy is +/- iwo to fivz feet. r>~~ E~aszT «B>, CONDITIONAL USE PERIVIIT NO. 2007-05293 (TRACKING NO. CUP2008-05397) N0. I CONDITIONS OF APPROVAL I OSNITOR NG The locations for any above-ground utility devices including, but not limited to elecCrical transformers, water backflow devices, gas, communicaeions, and cable devices, etc., shall be shown on plans submitted for bailding permits. Plans sball also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access poinCS, etc.) and shall be subject to the review and approval of the appropriate City departments. Any required relocation of City electrical facilities shall be at the developer's expense. On-going during project operation, the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping mainte~ance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. On-going during project operation, the advertisement and display of goods and services on any display surface, including the electsonic readerboazds and any static display surfaces on the two signs (Big "A" sign and State College Bl. freestanding sign), shall be limited to those goods and services that are sold or rendered on-site. The display or advertisement of goods and services that are not rendered on-site shall be prohibited. 4 On-going during project operation, all advertising on the `Big A" sign shall comply wiCh the provisioos of the "Outdoor Advertising AcP' set forth in Sections 5200, et seq., of the California Business and Professions Code. On-going during project operation, the two signs shall be continually maintained in a "like new ' condition. Planning Code Enforcement Code Enforcement Code Enforcement Code Enforcement 6 The subject property shall be developed snbsta~tially in accordance with plans Planning ' and specificatioos submitted to Che Ciry of Anaheim by project applicant and which plans are on file with the Planning Department marked Revision No. l of E~tibit Nos. 1 through 3 and Exhibit Nos. 4 and 5 of Conditional Use PermiC No. 2007-05293, and as conditioned herein. - 5 - PC2009-028 RESPONSIBLE NO. FOR CONDITIONS OF APPROVAL MONITORING 7 Appraval of this application constitutes approval of tt~e proposed request only to Planning the exYent that ie compl3es wiCh the Anaheim Municipal Zoning Code and any other applicahle 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 reqairement. - 6 - PC2009-028