Resolution-PC 2013-003RESOLUTION NO. PC2013 -003
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVE
CONDITIONAL USE PERMIT NO. 2012 -05647
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00142)
(2695 EAST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter "Planning
Commission ") did receive a verified Petition to recommend City Council approval of
Conditional Use Permit No. 2012 -05647 to permit two 15 -foot by 25 -foot video screens for that
certain real property located at 2695 East Katella Avenue in the City of Anaheim, County of
Orange, State of California, generally depicted on the map attached hereto as Exhibit A, and
incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 13- acres, is developed with a
sports arena ( "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 did hold a public hearing at the Civic Center in
the City of Anaheim on January 14, 2013 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Anaheim Municipal Code, to hear and consider evidence for and against said
proposed conditional use permit and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines 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, 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 hearing with respect to the request to establish two 15 -foot by 25 -foot video screens, does
find and determine the following facts:
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.
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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. 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.
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.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
recommend that the City Council approve Conditional Use Permit No. 2012 -05647 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.
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 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 bereinabove 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 this application 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 ally other
applicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of
the final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 14, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
wUVI� V��n '
CHAIR, ANAHEIM CITY PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on January 14, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
ABSTAINED: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 14` day of January, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV N®. 2012 -00142
o so ono
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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E KATELLA AVE u ��
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012 -05647
(DEV2012- 00142)
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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. I (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.
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