Resolution-PC 2014-017RESOLUTION NO. PC2014 -017
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 1215 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2013- 000110)
(3200 EAST CARPENTER AVENUE)
WHEREAS, on February 16, 1971, and subject to certain conditions of approval, the
Anaheim City Council, by its Resolution No. 71 R -65, did approve Conditional Use Permit No.
1215 to permit a miniature golf course facility (herein referred to as the "Original CUP ") on that
certain real property located at 3200 East Carpenter Avenue in the City of Anaheim, generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, on January 15, 1991, the City Council, by its Resolution No. 91R -17,
approved an amendment to the Original CUP to permit a water slide and expand the existing
clubhouse and arcade for an existing amusement facility; and
WHEREAS, on June 28, 1993, the Planning Commission of the City of Anaheim (the
"Planning Commission "), by its Resolution No. PC93 -77, approved another amendment to the
Original CUP to permit a children's play area within an existing amusement facility; and
WHEREAS, on March 15, 1999, the Planning Commission, by its Resolution No. PC99-
48, approved another amendment to the Original CUP to expand the clubhouse building, add a
"Lasertag" facility, and relocate the children's play area for an existing amusement facility; and
WHEREAS, on June 22, 2009, the Planning Commission, by its Resolution No. PC2009-
065, approved another amendment to the Original CUP to permit a children's day care facility in
conjunction with an existing amusement facility; and
WHEREAS, on November 19, 2012, the Planning Commission, by its Resolution No.
PC2012 -086, approved another amendment to the Original CUP to permit a go cart facility in
conjunction with an existing amusement facility. The Original CUP, together with all of the
aforementioned amendments thereto, shall be referred to herein collectively as the "CUP "; and
WHEREAS, the Planning Commission did receive a verified petition for Conditional Use
Permit No. 1215C to amend the CUP to permit a bumper boat attraction and charge a customer
parking fee in conjunction with an existing amusement facility, pursuant to Section 18.60.190 of
the Anaheim Municipal Code (the "Code ") for the Property; and
WHEREAS, the Property is approximately 5.9 acres in size and is developed with an
amusement facility consisting of four miniature golf courses, a water slide, an arcade, a banquet
hall, a restaurant, and a laser tag facility, commonly known as "Camelot Golfland ". The
Property is located in the La Palma Core Area (Development Area 3) of the Northeast Area
Specific Plan Area (SP 94 -1) and is subject to the zoning and development standards described
in Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development
Standards) of the Code. The Land Use Element of the Anaheim General Plan designates the
Property for Office -Low land uses; and
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WHEREAS, on February 10, 2014, 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 Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
1215C, and to investigate and make findings and recommendations in connection therewith. The
hearing was continued at the request of the applicant to the regular meeting of the Planning
Commission held on February 10, 2014 so that the request could be amended and re- noticed to
allow the applicant to charge a parking fee for the customer parking lot; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 for Conditional Use Permit No. 1215C, does find and
determine the following facts:
1. The request to permit a bumper boat facility is properly one for which a
conditional use permit is authorized under Section 18.120.080.050.0502 (Amusement
Park Facilities) of the Code under the conditions imposed.
2. The bumper boat facility, under the conditions imposed, will not adversely
affect the surrounding land uses, or the growth and development of the area in which it is
proposed to be located because the recreational facility will be compatible with the
surrounding industrial uses in the area.
3. The size and shape of the site for the bumper boat facility is adequate to
allow the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety because the site can accommodate the parking, traffic
flows, and circulation without creating detrimental effects on adjacent properties.
4. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area
because the vehicular circulation is designed to minimize impacts on the surrounding
businesses because visitors will enter the facility exclusively from Carpenter Avenue,
which is lightly used industrial cul -de -sac street.
5. The granting of Conditional Use Permit No. 1215C under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will provide a land use that is compatible with the surrounding area.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 1215C, 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
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 Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 1215C is approved
without limitations on the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 1215C
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 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 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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that except as amended herein, all conditions of approval
contained in Resolution Nos. 71R -65, 91R -17, PC93 -77, PC99 -48, PC2009 -065 and PC2012-
086 shall remain in full force and effect.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 10, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
\M c y-A
CHAIR PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 10, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 10' day of February,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2013-00110
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O oo Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 1215C
(DEV2013- 00110)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL CONDITIONS
1
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
Department,
of the issuance of the final invoice or prior to the issuance of
Planning
building permits for this project, whichever occurs first. Failure
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to pay all charges shall result in delays in the issuance of
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required permits or may result in the revocation of the approval
of this application.
2
The facility shall be operated in accordance with the Parking
Planning
Analysis letters submitted as part of this application. This
Department,
requirement includes the provision of attendants to patrol
Code
neighboring properties to ensure that surrounding properties are
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not impacted by spillover parking by Camelot customers during
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the hours when parking fees are being charged. Any changes to
the business operation as described in said documents shall be
subject to review and approval by the Planning Director to
determine substantial conformance with said letters to ensure
compatibility with the surrounding uses.
3
The days and hours of operation for the customer parking fees
Planning
shall be limited to Friday and Saturday from 6:30 p.m. to 12
Department,
a.m., and Sunday from 4:30 p.m. to 10 p.m. The hours of
Code
operation may be modified subject to prior review and approval
Enforcement
by Planning Director.
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4
The customer parking fees shall be subject to a nine (9) month
Planning
review commencing from the date of this resolution. Planning
Department,
Department staff will report back to the Planning Commission
Planning
as a "Reports and Recommendations" (R &R) item on the status
Services
of the operation to ensure no impacts have been created
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associated with the parking fees. The owner shall pay for the
cost of processing this R &R item.
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5
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
Department,
(collectively referred to individually and collectively as
Planning
"Indemnitees ") from any and all claims, actions or proceedings
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brought against Indemnitees to attack, review, set aside, void, or
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annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and /or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
6
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant and which plans are on file with the Planning
Planning
Department and as conditioned herein.
Services
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