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Resolution-PC 99-181RESOLUTION NO. PC99-181 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETIT~ON FOR CONDITIONAL USE PERMIT NO. 4154 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified P~tiifon for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of O; 2cin^, SiatE of California, described as: THE WEST'/:OF THt NORTHWEST'h OF THE NORTHEAST OF SECTION S, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B.& M., EXCEPT THE SOUTH 263 FEET THEREOF, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 91, 1995 at 1:30 p.m., notice of said ~ublic 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 conditionai use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find and determine the following facts: 1. Th3t the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.05.046.010 to permit a freestanding electronic readerboard sign. 2. That the use, proposed in connection with a private high school (Servite High School), will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general weifare. 4. That no one indicated their presence at said pubfic hearing in opposition to the proposal; and that no corre~pondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a freestanding electronic readen:oard sign on a rectangularly shaped 14.7 acre property having a frontage of 650 feet on the south side of La Palma Avenue, a maximum depth of 1,000 feet, being located 515 feet west of the centerline of~ Onondaga Avenue, and further aescribed as 1952 West La Palma AvenuE (Servite High School); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration t~gether with any comments received during the public review process and further finding on the basis of the initiai study and any comments received that there is no substantial evidence that the project will have a si,ni~~t.ant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject properry in or~+er to preserve the safety and general weifare of the Citizens of the City of Anaheim: CR3776PK.DOC -1- PC99-181 1. That the hours of opera6on for the electronic readerboard portion of the sign shail be limited to the hours of 6:30 a.m. to 10 p.m., as stipulated to by the petitioner. 2. That the entire sign shall be well maintained at all times, including removal of e,raffti and on-going maintenance of the electronic readerboard portion of the sign. If any of the in;lividual electronic light elements are damaged or expire, they shall be replaced within three (3) days. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approvai ta show conformance with Engineering Standard No. 137 pertaining to sight aistance visibility for the sign location. 4. That messages displayed on this electronic readerboard shall not be used to advertise off-site businesses, off-site services or off-site goods for sale. 5. That no other signage beyond that shown on Exhibit No. 1 and 2 and visible to La Palma Avenue shall be installed without the prior review of the Planning Commission as a"Reports and Recommendations" item. 6. That the light emitted by this sign shall not cause light or giare into nearby residences. Prior to final building and zoning inspections, a night-time inspection shaii be made to test said lighting. If needed, the lighting shall be adjusted to eliminate any such light or giare. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning ~epartment marked Exhibit Nos. 1 and 2, and as conditfoned herein. 8. That prior to issuance of a building permit or within a period of one (1) year from the date of this resotution, whichever occurs first, Condition No. 3, above-mentioned, shail be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.~90 of the Anaheim Municipal Code. 9. That prior to final building and zoning inspections, Condition Nos. 6 and 7, above-mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code 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 applicabie or~inance, regulation or requirement. BE IT FIJRTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance vr~th each and all of the conditions hereinabcve 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 11, 1999. ~ ~,~'C~ ° ~' .,'t9--" CHAIRP R~ON, ANA'i IM CITY LANNING COMM(SSION ATTEST: l~u~a~fcu o~'6~a~ SECREYARY, AN HEIM CITY PLANNING COMMISSION CR3776PK.D~C -2- PC99-181 ,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI~ OF AtdAHEIM ) i, Margarita Solorf~, Secretary of the Anaheim City Planning Commission, do '?ereby certify that the foregoiny fesolution was passed and adopted at a meeting of the Anaheim City Planning Comr~ission held on October 1 ~, 1999, by the foliowing vote of the members thereof: AY~~: •COMMISSIONERS: P1a~S: wONlMISSIOR~ERS: A$SrN'f: Gn~,1MiSSfDNERS: I WITNESS WI ~ , 1999. BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NRPOLES, VANDERBILT NONE ONE VACANT SEAT iEREOF, I have hereunto set my hand this ~~ day of ~~`^'v" SECRETARY, A AHEIM CITY PLANNING COMMISSION CR3776PK.DOC -3- F'C99-181