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Resolution-PC 2005-138• ~ RESOLUTION NO. PC2005-138 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2005-05015 BE GRANTED (1621 SOUTH DOUGL/aSSROAD AND 2695 EAST KATELLA AVENUE) - WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,'State of California; described as: ' , PORTION A: PARCEL 1: OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO: 240,1N THE ClTY OF ' ANAHEIM; COUNTY OF ORANGE, -STATE OF CALIFORNIA, RECORDED ON ' DECEMBER 13, 1990 AS JNSTRUMENT NO. 90-653417, OFFICiAL RECORDS OF SAID COUNTY. PARCEL 2, W THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN 32, PAGE'SOAF PARCEL MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 1, IN THE ClTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF , CALIFORNIA, AS SHOWN ON A MAP FILED 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, COUNTY OF ORANGE, STATE OF CALIFORNIA; 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 CALIFORNlA, AS SMOWN 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 N0. 240, RECORDER DECEMBER 13, 1990 AS INSTRUMENT NO. 90-653417, OFFICIAL RECORDS OF ORANGE COUNTY, CALlFORNIA. PORTION B: THAT PORTION OF LOT 4 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS'OF LOS ANGELES COUNTY, CALIFORNIA, 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 THE ' INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF KATELLA AVENUE FORMERLY STRUCK AVENUE, AS DESCRIBED IN DEED 70 ORANGE COUNTY, RECORDED IN BOOK 611, PAGE 11 OF OFFICIAL RECORDS IN THE OFFICE OF THE . 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 TO A.LINE PARALLEL WITH AND DISTANT NORTHERLY 60.00 FEET, MEASURED AS RIGHT ANGLES, FROM SAID CENTERLINE OF KATELLA AVENUE, THENCE ALONG SAID FARALLEL LINE NORTH 88° 53' 52" WEST 445.00 FEET; THENCE " 'NORTH 35° 18' 47" WEST 75.80 FEET THENCE NORTH 1° 29'28" EAST 479.87 FEET; THENCE NORTH 94° 15 43" EAST 101.79 FEET; THENCE SOUTH 88° 53' 52" EAST '`PARALLEL -WITH SAID CENTERLINE OF KATELLA AVENUE 527.13 FEET TO SAID Cr\PC2005-138 -1- PC2005-138 • • 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(562449 ) AND PARCEL 2(56244-2) OF THE DEED TO THE STATE OF CAUFORNIA RECORDED AUGUST 24, 1971 IN BOOK 9773, PAGE 428 OF -0FFICIAL `RECORDS OF SAID ORANGE COUNTY WHEREAS, the Cify 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' 18.60, 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, said 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, does find and determine the following #acts: 1. ' That the proposed use is properly one for which a conditional use permit is`authorized by Anaheim Municipal Code Section Nos. 18.14:030.020 and 18.44.050!010.0101 to construct an on-site electronic reader board sign at an existingregional sports and event facility (Arrowhead Pond of Anaheim). 2. That the proposed use wilf not'adversely affect the adjoining )and uses or the growth and development of the area in which it is proposed to be located because the sign is compatible with the primary use of the property as a regional event facility. The height of the sign, as proposed, is necessary due to the grade elevation and curvature of the SR 57 along this portion of the state highway, and the sign's size and scale are consistent with other local regional event and entertainment venues including Angel Stadium of Anaheim. 3. That no traffic would be generated by the sign as an accessory advertising device and therefore, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. 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. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an on-site electronic readerboard sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim) and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during fhe 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 will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning 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 property in order topreserve the safety and general welfare of the citizens of the City of Anaheim: 1. That final landscape plans shall be submitted to the Planning Services Division for review and approval. The landscape plan shall reflect a six (6) fioot high landscaped beri~n and:layered landscape , _2_ PC2005-138 . _ _ • planting'design along around the base of the new sign: Any decision made by the Planning Services ' Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 2. That final sign plans, and a colors and materials board, shall be submitted to the Planning Services Division for review and approval, Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 3. That the property shall be permanently maintained in an orderly fashion by providing regular landscape , maintenance, removal of trash or debris; and removal of graffiti within twenty-four (24) hours from time of occurrence. 4. That this Conditional Use Permit is granted subject to the approval of Reclassification Na2004-00166 and'amendment to Conditional Use Permit No. 3653, now pending. 5. That any tree,pianted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 6. That the locations for future'above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on , plans submitted for building permits: Plans shalf also identify the specific screening treatments of each device {i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 7. Thatany required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 8. That the developer shall acquire all appropriate permits from the State or other relevant agencies for all work associated with the construction of the sign or modifications to1andscaped areas adjacent to SR 57 Freeway. That the use of the sponsor advertising panels shall not be permitted unless a legislative exemption to the Outdoor Advertising Act is approved by the State Legislature. All advertising on the sign shall comply wifF~ provisions set forth in Sections 5200-5486 (Outdoor Advertising Act) of the Business and Professions Code. 9. 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 Department marked Exhibit Nos. 1 and 2, as conditioned herein. 10. That the sign shaN be continually maintained in a"like new" condition. 11. That prior to issuance of a building permit, or within a period of three (3) years from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 6, 7 and 8, above-mentioned, shall be. complied with. Extensions for further time to complete said conditions may be granted in accordance witf~ Secfion 18.03.090 of the Anaheim Municipal Code. 12. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of fF~e 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 applicable ordinance, regulation or requirement. - BE IT FURTHER RESOLVED that the Anaheim City 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 -3- : PC2005-138 ~ • 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 tT FURTHER RESOLVED that the applicant is responsi6le 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 issuance of building permits for this project, whichever occurs first: Failure topay all charges shall result in detays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. Said resolution is subject to the appeaf provisions set forth in Chapter 18,60, "Zoning Provisions = General" of the Anaheim Municipal Code pertaining to appeal 'rocedures and may be replaced by a City Council Resolution in the event of an appeaL CHAIRMAN PRO TEMPOR , ANA IM PLANNING COMMISSION ATTEST: ~ .~ . ~ ~~~ ~ ~ ~~`~~`'~ ~ ~ . ~ ~ ~ .. ' ~ . SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM j : I, Eleanor Morris, Senior:Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: BUFFA ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this ~ T~ day of O V e m~ , 2005. /l' ~~~.-.~ .-~ r SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-138