Resolution-PC 2012-093RESOLUTION NO. PC2012 -093
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A NEGATIVE
DECLARATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2012-05633 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00116)
(1256 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2012 -05633 to permit an indoor soccer /trampoline facility (the
"proposed project ") on a portion of that certain real property located at 1256 North Magnolia
Avenue in the City of Anaheim, as generally depicted on Exhibit A attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is part of an 11.75 -acre industrial complex developed
with three industrial tenant spaces located in the Industrial (I) zone. The Property is designated
for General Commercial and Industrial land uses in the City of Anaheim General Plan; and
WHEREAS, a Negative Declaration (the "Negative Declaration ") was prepared by
the City, in the form presented to the Planning Commission at this meeting, because an Initial Study
showed no substantial evidence that the proposed project may have a significant effect on the
environment; and
WHEREAS, on December 3, 2012, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence for and against the proposed project
and the Negative Declaration, which was prepared in connection therewith, 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 "), this Planning
Commission has reviewed and considered the information contained in the Negative Declaration,
together with any comments received during the public review process, and finds and determines
that (i) the Negative Declaration is all that is necessary to serve as the required environmental
documentation in connection with the proposed project and the approval of the proposed project;
(ii) the Negative Declaration reflects the independent judgment of this Planning Commission;
and (iii) that there is no substantial evidence that the proposed project will have a significant
effect on the environment; 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 pertaining to the request to permit an indoor soccer /trampoline facility,
does find and determine the following facts:
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1. The proposed conditional use permit request to permit an indoor soccer /trampoline
facility within an existing industrial building tenant space is properly one for which a conditional
use permit is authorized under Code Section Nos. 18.10.030.010 (Recreation - Commercial
Indoor) of the Code.
2. The proposed conditional use permit to permit an indoor soccer /trampoline facility
within an existing industrial building tenant space, as conditioned herein, would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed
to be located because the building is surrounded by compatible buildings and uses; and, the
indoor soccer /trampoline facility would be located within an existing building with no adverse
affects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full development of
the indoor soccer /trampoline facility in a manner not detrimental to the particular area or to the
health and safety because the facility would be located within an existing industrial building
tenant space.
4. The traffic generated by the an indoor soccer /trampoline facility will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding streets and adequate parking will be provided to accommodate the use.
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land
use will continue to be integrated with the surrounding commercial and industrial area and would
not pose a health or safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve and adopt the Negative Declaration and Conditional Use Permit No. 2012-
05633, 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 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, (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 this permit is approved without limitation on
the duration of the use. Amendments, modifications and revocations 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.
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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 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 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 3, 2012. 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.
CHAIR, ANAHEIM CI Y ANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 December 3, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
I'\ eIaWNWK6]u Iu I [.Y.M CiAI Q-MW Cs7:'.X
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00116
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® o ®o Source: Recorded Tract Maps and /or City GIS.
rest Please note the accuracy Is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012 -05633
(DEV2012- 00116)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
I
The parking lot area shall be re- slurried, as necessary, and
Planning
striped for a minimum of 387 parking spaces. Parking lot
striping shall be provided, per City Standard Detail No.
470. Disabled parking spaces shall be provided in
accordance with the Americans with Disabilities Act and
City Standard Detail No. 436 -G. The re- slurry and
restriping improvements shall be shown on plans
submitted for building permits and installed prior to
occupancy of the proposed use.
2
The chain -link fencing and gates along the front of the
Planning
property, the south property line, the north property line
and the chain -link fence separating the front and rear
parking lot areas shall be removed. The chain -link gate at
the northeast corner of the building shall also be removed.
If necessary, the applicant shall install new fencing along
the north property line as approved by Planning
Department Division and as allowed by the Zoning Code.
The removal of the chain -link fencing/gates and new
fencing improvements shall be shown on plans submitted
for building permits and installed prior to occupancy of
the proposed use.
3
A trash enclosure shall be constructed meeting the
Planning
requirements of the Department of Public Works Streets
and Sanitation Division. Also, vines shall be provided
around the trash enclosure to deter graffiti. The enclosure
shall be shown on plans submitted for building permits
and installed prior to occupancy of the proposed use.
4
A sign plan must be reviewed and approved for all
Planning
proposed business si gns.
5
Complete a Burglary/Robbery Alarm Permit application,
Police
Form APD 516, and return it to the Police Department
prior to initial alarm activation. This form is available at
the Police Department front counter, or it can be
downloaded from the following web site:
?id =678
http://www.anaheim.netlarticle.aM?id=678
6
Address numbers shall be positioned so as to be readily
Police
readable from the street. Number should lie illuminated
during hours of darkness. Rear entrance doors shall be
numbered with the same address numbers or suite number
of the business. Minimum height of 4" recommended.
7
All exterior doors to have adequate security hardware,
Police
e.g. deadbolt locks. Wide -angle peepholes or other
viewing device should be installed in solid doors where
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natural surveillance is compromised. The locks shall be
so constructed that both the deadbolt and deadlocking
latch can be retracted by a single action of the inside
doorknob /lever /turn piece. Overhead roll -up doors shall
also be secured on the inside that the lock cannot be
defeated from the outside and shall be secured with a
cylinder lock or padlock from the inside.
8
Proper exterior parking lot lighting shall be provided.
Planning/
Provide a lighting plan showing the type of lighting to be
Police
provided to ensure the parking lot will be well lit.
Monument signs and addresses shall be well lit during
hours of darkness. Adequate lighting of parking lots,
passageways, recesses, and grounds contiguous to
buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the
premises during the hours of darkness and provide a safe,
secure environment for all person, property, and vehicles
on -site. All exterior doors shall have their own light
source, which shall adequately illuminate door areas at all
hours to make clearly visible the presence of any person
on or about the premises and provide adequate
illumination for persons exiting the building.
The lighting in the parking lot shall be maintained in
proper working order and remain illuminated during
hours of darkness.
The afterhours lighting in the parking area shall be on a
dimming control system and remain lit within the 50 -80%
reduction allowances until daylight hours.
Outdoor Full cut off wall pack fixtures shall be added to
each side of the building's exterior and be illuminated
during hours of darkness.
Lighting improvements shall be shown on plans
submitted for building permits and installed prior to
occupancy of the proposed use.
9
The existing landscaped planters located on the portion of
Planning/
the property devoted to the soccer and trampoline facility
Police
shall be upgraded to include new planting material and
shall be properly irrigated and maintained. Overgrown
vegetation throughout the property shall be cleaned up
and maintained in a well groomed manner. The
landscaping improvements shall be shown on plans
submitted for building permits and installed prior to
occupancy of the proposed use.
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10
Landscaping shall be significantly cut back or reduced
Police
and maintained in a manner that allows for any person or
vehicle to be easily observed from the building and/or
surrounding properties. Additionally, no landscaping
shall interfere with installed lighting fixtures so as to
reduce or block adequate lighting from reaching its
intended location.
Landscaping along North property line shall be cut back
or removed to allow for fencing installation or repair.
This will prevent unwanted access to or from the railroad
property by people or vehicles.
Landscaping along the East property line shall be cut
back or reduced to allow for safe passage of pedestrians
and to eliminate or reduce the opportunity for persons to
loiter unobserved.
These landscaping improvements shall be completed
p rior to occupancy of the proposed use.
11
An automatic fire sprinkler system shall be designed,
Fire
installed and maintained as required by the Fire
Department.
12
A fire alarm system shall be designed, installed and
Fire
maintained as required by the Fire Department. The alarm
system shall be shown on plans submitted for building
permits and installed prior to occupancy of the proposed
use.
13
That all requests for new water services or fire lines, as
Engineering
well as any modifications, relocations, or abandonments
of existing water services and fire lines, shall be
coordinated through Water Engineering Division of the
Anaheim Public Utilities Department.
14
If continued use of the existing 2" water meter serving the
Water
property is required, a lead -free backflow prevention
Engineering
device, meeting the City of Anaheim's standards, shall be
installed prior to final occupancy. Otherwise the meter and
service shall be abandoned per City of Anaheim standards.
15
A "Right Turn Only" sign shall be installed at the driveway
Public
exit on Magnolia Avenue as approved by Public Works and
Works/Planning
Planning Department staff. The sign shall be installed prior
to occupancy.
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GENERAL
16
The hours of operation for the indoor soccer /trampoline
Planning
facility shall be Monday through Sunday: 10:00 a.m. to
10:00 p.m. Changes to the Operational Plan and Parking
Study are subject to review and approval by the Planning
Director and shall be based on the demonstrated
availability of an adequate number of parking spaces to
support any requested operational change.
17
The property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on
file with the Planning Division marked Exhibit No. 1 and
2 (Site Plan and Floor Plans), and as conditioned herein.
18
Any graffiti painted or marked upon the premises or on
Code
any adjacent area under the control of the property owner
Enforcement
shall be removed or painted over within 24 hours of being
applied.
19
The applicant shall be responsible for maintaining the
Planning/ Code
area adjacent to the premises over which they have
Enforcement
control, in an orderly fashion through the provision of
regular maintenance and removal of trash or debris.
20
All activities related to the use shall occur indoors, except
Planning/ Code
as may be permitted by an authorized Special Event
Enforcement
Permit.
21
No required parking area shall be fenced or otherwise
Planning/ Code
enclosed for outdoor storage.
Enforcement
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