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Resolution-PC 2005-137• • RESOLUTION NO. PC2005-137 , A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC93-135 ADOPTED IN CONNECTION WITH CONDITlONAL USE PERMIT NO. 3653 ' (2695 EAS7 KATELLA AVENUE) ' WHEREAS, on December 93, 1993, the Anaheim City Planning Commission did, by its : Resolution No. PC93-135, grant Conditional Use Permit No. 3653 to permit a 49-foot high, 85Q square foot, internally illuminated, freestanding sign (2695 EasfiKatella Avenue); and ' > WHEREAS, the property is developed with developed with theArrowhead Pond of Anaheim; : that the zoning is PR (PTMU) (Public Recreational - Platinum Triangle Mixed-Use Overlay); and that the Anaheim General Plan designates the property for Mixed-Use land uses; and PORTION A: - PARCEL 1: OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 240, IN THE CITY OF ANAHEIM, -COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED ON DECEMBER 13, 1990 AS INSTRUMENT N0: 90-653417, OFFICIAL RECORbS OF SAID COUNTY. , _ PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN 32, PAGE'50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FtLED IN BOOK 32, PAGE 50 OF PARCEl. MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3, IN THE CITY OF ANAHEIM, COUNN OF ORANGE, STATE OF CALtFORNIA, - AS SHOWN ON A MAP FILED IN BOOK 32, PAGE 50 OF PARCEL MAPS, W THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. , . PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 75, PAGE 43, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.' PARCEL 2 AND 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT, PLAT NO. 240, , RECORDER DECEMBER 13, 1990 AS JNSTRUMENT NO. 90-653417, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PORTION B: THAT PORTION OF LOT 4 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED W BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAUFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLASS ROAD, 40.00 FEET WIDE DISTANT ALONG SAID CENTERLINE NORTH 0° 33' 45" WEST 85.00 FEET FROM TNE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF KATELLA AVENUE FORMERLY STRUCK AVENUE, AS DESCRIBED IN DEED TO ORANGE COUNTY, : RECORDED IN BOOK 611, PAGE 11 OF OFFICIAL RECORDS IN THE OFFICE OF THE ; Cr\PC2005-137 -1- PC2005-137 ' (Tracking Na CUP2005-05019) ~ ~ COUNTY RECORDER OF SAID ORANGE COUNTY AND SAID DOUGLASS ROAD AS - ~,. DESCRIBED IN DEED IN BOOK 682, PAGE 109 OF DEEDS,: RECORDS OF SAID.ORANGE COUNTY; THENCE NORTH 89° 26' 15" WEST 40.00 FEET; THENCE SOUTH°51° 07' 19" WEST 38.32 FEET T0 A LINE PARALLEL WITH AND DISTANT NORTHERLY 60.00 FEET, : MEASURED AS RIGHT ANGLES, FROM SAID CENTERLINE OF KATELLA AVENUE, THENCE ALONG SAID PARALLEL LINE NORTH 88° 53' 52" WEST 445.00 FEET; THENCE NORTH 35° 18' 4T' WEST 75.80 FEET THENCE NORTH 1° 29' 28" EAST 479.87: FEET; THENCE NORTH 14° 15' 43" EAST 101.79 FEET; THENCE SOUTH 88° 53' 52" EAST PARALLEL WITH SAID CENTERLINE OF KATELLA AVENUE 527.13 FEET TO SAID ` CENTERLINE OF DOUGLASS ROAD; THENCE SOUTH 0°'33' 45" WEST ALONG SAID CENTERLINE OF DOUGLASS ROAD, 615.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION :DESCRIBED IN PARCEL 1(56244-1) AND PARCEL 2(56244-2) OF THE DEED TO THE STATE OF CALIFORNIA'RECORDED : AUGUST 24, 1971 W BOOK 9773; PAGE 428 DF OFFICIAL 'RECORDS OF SAID ORANGE COUNTY. WHEREAS, the petitioner has requested an amendment to this conditional use permit to `delete in its entirety Condition No. 3, to allow the establishment of a second on-site electronic readerboard sign within the Arrowhead Pond of Anaheim Campus; and WHEREAS, the Planning Commission did hold a public'hearing at the Civic Center in the City of Anaheim on September 19, 2005 at 2:30 p.m., notice of said public hearing having' been duly given as' required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 48.60 "Procedures",'to hear and consider evidence for and against said proposed conditional use permit and to investigate andmake findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in itsbehalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the requested amendment to allow an additional sign is properly; one for which a conditional use permit is authorized by Section 18.60.190.030 of the Zoning Code. 2. That the request to delete Condition No. 3 of Resolution PC93-135 to allow the establishment of a second on-site electronic reader board sign within #he Arrowhead Pond of Anaheim Campus is appropriate and consistent with other regional entertainment and sports venues. 3. That the size and shape of the site for the use is adequate to allow the full developmenYof the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. That no additional traffic would be generated by the proposed sign and therefore, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the modifications as recommended and underthe conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit to amend or delete conditions`of approval pertaining to the number of freestanding signs on the property to construct an on-site electronic readerboard sign at an existing regional sports and event facility; and does hereby approve the Negative -2- PC2005-137 i i Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review ' process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project willhave'a significanteffect on the environment: NOW, THEREFORE, BE IT RESOLVED that the'Anaheim City Planning Commission does hereby amend Resolution Na PC93-135, adopted in connection with Conditional Use Permit No: 3653, to approve the applicanYs request, by deleting Condition No. 3 to allow the establishment of a second on-site electronic readerboard sign within the Arrowhead Pond of Anaheim Campus; and ' BE IT FURTHER RESOLVED thaf the conditions of approval in Resolution No. PC93-135 are hereby amended and updated in their entirety to read as follows ' 1. That the 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 Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 2. That prior final building and zoning inspections, Condition No: 1, above-mentioned, shall be complied with. _ 3. That approval of this application constitutes approval of the proposed request on(y to the exfent 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 applicable ordinance, regulation or requirement. ' BE IT FURTHER RESOLVED that the 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 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. AND BE IT FURTHER RESOLVED that the property owner/developer 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 or prior to the commencement of the activity for this project, whichever occurs first. Failure to pay all charges shall resuit in delays in the issuance of required permits or the revocation of the approval of this application. . THE FOREGOING RESOLUTION was adopted af the Planning Commission meeting of September 19, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning _ Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. //~~ ~. ~n // / )/ I 1 / // w . w . ~~. . . . . . CHAIRMAN PRO TEMPORE, ATTEST: / / SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION M PLANNING COMMISSION