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Resolution-PC 2008-23 RESOLUTION NO. PC2008-23 • A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05293 BE GRANTED (2000 EAST GENE AUTRY WAY, 2000 SOUTH STATE COLLEGE BOULEVARD, AND 2379 EAST ORANGEWOOD AVENUE) WHEREAS, the Anaheim 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: THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS PARCEL 2 OF PARCEL MAP NO. 2006-262, AS SHOWN ON A MAP FILED IN BOOK 357, PAGES 25 - 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, Conditional Use Permit No. 2007-05293 is proposed to permit the modification of two legally non-conforming electronic readerboard signs within the Angel Stadium of Anaheim parking lot, including the "Big A" sign; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2008, 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 facts: 1. That the proposed use, to permit the modification of two legally non-conforming electronic readerboard signs, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.20.030.020 and 18.44.050.010. 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the proposed modifications to the existing electronic readerboard signs are compatible with the primary use of the property as a regional sports and events facility; and 3. That no traffic would be generated by the proposed modifications to the existing electronic readerboard signs as they are an accessory advertising device for the regional sports and event facility and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and _ 1 _ PC2008-23 • • 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 to preserve the health and safety of the Citizens of the City of Anaheim: _ 2 _ PC2008-23 • • Responsible for COA Conditions of Approval Monitoring PRIOR TO IS'LSUANCE OF A BUILDING PERMIT . COA 1 That the locations for any above-ground utility devices including, but not limited Planning to electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall 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. Any required relocation of City electrical facilities shall be at the developer's expense. GENERAL COA 2 That on-going during project operation, the property shall be permanently Code maintained in an orderly fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery. COA 3 That on-going during project operation, the advertisement and display of goods Code and services on any display surface, including the electronic readerboard and any Enforcement static display surfaces on the two signs, 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. COA 4 That on-going during project operation, all advertising on the "Big A" sign shall Code comply with provisions set forth in Sections 5200-5486 (Outdoor Advertising Enforcement Act) of the Business and Professions Code. COA 5 That on-going during project operation, the two signs shall be continually Code maintained in a "like new" condition. Enforcement COA 6 That subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5 of Conditional Use Permit No. 2007-05293, and as conditioned herein. COA 7 That approval of this application constitutes approval of the proposed request Planning 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. _ 3 _ PC2008-23 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. 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays 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 February 20, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. ~~ ~ / ~ L CHAIRIVIAN; NAHEIM PL ING COMMISSION ATTEST: SENIOR ~CRETARY, 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 that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on February 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of March, 2008. v~~ ` TARY, ANAHEIM PLANNING COMMISSION _ 4 _ PC2008-23