Resolution-PC 2015-074RESOLUTION NO. PC2015-074
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05821
AND VARIANCE NO. 2015-05040 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00079)
(4245 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05821 to permit an entertainment gaming facility (escape room), and (ii) Variance No. 2015-
05040 to allow fewer parking spaces than required by the Anaheim Municipal Code (the
"Code") (collectively referred to herein as the "Proposed Project") for premises located at
4245 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property is approximately 0.6 acres in size and is currently
developed with an industrial building. The Property is located in the Expanded Industrial
Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the
zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1
(SP 94-1) Zoning and Development Standards) of the Code. The underlying base zone for the
Property is the "I" Industrial Zone. The Property is also located within the Scenic Corridor
(SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor
(SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any
inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the
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 October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum
on that date, continued to October 19, 2015, notice of said public hearing having been duly
given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures)
of the Code, to hear and consider evidence for and against proposed Conditional Use Permit
No. 2015-05821 and Variance No. 2015-05040, and 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"), the Planning
Commission finds and determines that the Proposed Project is within that class of projects
(i.e., Class 1 — Existing Facilities) 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
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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 with respect to the request for Conditional Use Permit No. 2015-
05821, does find and determine the following:
1. The proposed request to permit an entertainment gaming facility within an
existing industrial building is properly one for which a conditional use permit is authorized
under the classes of allowable uses set forth in Section No. 18.120.070.050.0529 of the Code.
2. The proposed conditional use permit to permit a entertainment gaming
facility, 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 entertainment gaming facility would
be located within an existing building with no adverse effects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the entertainment gaming 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 that is surrounded by other industrial uses.
4. The traffic generated by the entertainment gaming 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 industrial area and
would not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, based upon the request letter submitted by the applicant and
observations made by staff, the Planning Commission does further find and determine that the
request for a variance for less parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(24 spaces required; 20 spaces proposed)
1. Based, in part, upon a review of the letter of request submitted by the
applicant and observations made by staff, that the variance, under the
conditions imposed, will not cause fewer off-street parking spaces to be
provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use because the
entertainment gaming facility has a limited number of participants;
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2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate
vicinity of the proposed use because the on-site parking will adequately
accommodate the peak parking demands of the proposed entertainment
gaming facility;
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use because the on-site parking for the
industrial property will adequately accommodate peak parking demands of the
use on the site;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the
proposed use because the project site provides adequate ingress and egress
points to the property and are designed to allow for adequate on-site
circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use because the project site has existing
ingress or egress access points that are designed to allow adequate on-site
circulation and, therefore, will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the
industrial property.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there
other facts, that detract from the findings made in this Resolution. The Planning Commission
expressly declares that it considered all evidence presented and reached these findings after
due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. No. 2015-05821 and Variance No. 2015-05040,
contingent upon and subject to the conditions of approval set forth 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 under Variance No. 2015-05040 and
Conditional Use Permit No. 2015-05821 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.
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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 Code.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 19, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
(Z�_ � DC .
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on October 19, 2015 by the following vote
of the members thereof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00079
APN: 346-051-08
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet-
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05821
VARIANCE NO. 2015-05040
(DEV2015-00079)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1'
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
Division
2.
The operator of the business shall not permit and shall take all steps
Planning and Building
necessary to prevent its patrons from consuming alcoholic beverages
Department,
on the premises.
Planning Services
Division
3.
There shall be no outdoor storage of game props or materials.
Planning and Building
Department,
Planning Services
Division
4.
The business shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department,
business operation as described in that document shall be subject to
review and approval by the Planning Director to determine substantial
Planning Services
conformance with the Letter of Request and to ensure compatibility
Division
with the surrounding uses.
5.
That escape room game sessions shall have a cumulative maximum of
planning and Building
16 participants at any time.
Department,
Planning Services
Division
6.
Prior to the commencement of any entertainment gaming acitivies, all
Planning and Building
of the proper permits and occupany requirements shall be approved
by the Buiding Division of the Planning and Building Department.
Department,
Planning Services
Division
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL CONDITIONS OF APPROVAL
7.
The Applicant shall defend indemnify, fy, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
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to attack, review, set aside, void, or 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.
8.
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
9.
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
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