Resolution-PC 2012-001RESOLUTION NO. PC2012 -001
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05580
(DEV2011- 00122)
(1650 SOUTH SINCLAIR STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2011 -05580 to
permit an indoor commercial recreation facility (flight simulators) within an existing industrial
building for that certain real property located at 1650 South Sinclair Street in the City of
Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ",
attached hereto and incorporated herein by this reference (the "subject property "); and
WHEREAS, the subject property is currently developed with a 12,240 square foot
industrial building and is located in the I (Industrial) Zone. The Anaheim General Plan
designates this property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 4, 2012 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 the Anaheim
Municipal Code, Chapter 18.60 "Procedures ", 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
1. The proposed indoor commercial recreational facility is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010
(Recreation — Commercial Indoor).
2. The operation of an indoor flight simulator facility will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be
located because the use is entirely within an existing building with no outside activities and it is
compatible with existing industrial uses surrounding the property.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because this use will be located within an existing building of an established industrial area.
4. That based upon the size of the facility, hours of operation, parking demand for
the previous facility on Sunkist Street, and target group for this unique recreation activity, the
maximum parking demand is not expected to exceed 49 parking spaces, and 28 spaces are
provided on -site. The facility is located at the south end of an integrated 5.7 -acre industrial
business park with reciprocal access and parking areas available between each parcel. Therefore,
there will be an adequate supply of parking spaces available for the facility during non -peak
evening and weekend hours when most of the other industrial businesses are closed.
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5. The traffic generated by the indoor recreational facility will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and
activities would occur entirely within the building space.
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has
reviewed the proposal and does hereby find that the proposed project falls within the definition
of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2011 - 05580, subject to the conditions of approval as stated
in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are
hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal 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 Anaheim
Municipal Code.
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 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 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 4, 2012. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Mu - ci. al Code pertaining to appeal procedures and
may be replaced by a City Council Resolutio n the ; vent of an appeal.
ATTEST:
CRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CI
SENIOR , ANAHEIM CITY PLANNING COMMISSION
LANNING COMMISSION
I, Grace Medina, Senior 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 4, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 4 day of January, 2012.
SENIOR SECKLE4ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
BEV NO. 2011 -00122
'IAPN ,253- 611 -07
o 50 100
13:1 =UMW
S SINCLAIR 5T
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
4
PC2012 -001
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
Within 60 days of the date of this resolution, the applicant shall obtain an Off-
Site Parking Permit from the Planning Department. The permit shall ensure
use of a minimum of 21 additional off -site parking spaces on the property to
the north (1640 South Sinclair Street) during the peak weeknight and weekend
operating hours.
Planning
2
No required parking area shall be fenced or otherwise enclosed for outdoor
storage.
Code
Enforcement
3
The property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department marked Exhibit Nos. 1 (Site
Plan) and 2 (Floor Plan), and as conditioned herein.
Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05580
(DEV2011- 00122)
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