Resolution-PC 2018-004(DEV2017-00109)
(1081 NORTH TU STIN AVENUE, SUITES 116 AND 117)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Pen -nit No. 2017-
05942 to permit an indoor entertainment gaining facility known as the Square Escape Room,
(herein referred to as the "Proposed Project") for premises located at 1081 North Tustin Avenue,
Suites 116 and 117 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 1.23 acres in size and is currently
developed with two commercial buildings. The Property is located in the Transit Oriented Area
(Development Area 3) of the Anaheim Canyon Specific Plan "SP 2015-1, DA 3" and is subject
to the zoning and d a
2015-1 (SP 2015-1) Zoning and Development Standards. The Anaheim General Plan
designates the Property for Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheirn on February 5, 2018 at 5:00 p.m., and 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. 2017-05942, and to investigate and inake findings and
recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environincntal 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 I — 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 stu
made by itself and in its behalf, and after due consideration of all evidence and repoir-ts offer
at said hearing with respect to the request for 1
Conditional Use Pennit No. , do
find and deten-nine the following: 1
2017-05942
1. The proposed request to permit an indoor entertainment gaming facility
within an existing commercial building is properly one for which a conditional use permit is
authorized under the classes of allowable uses set forth in Section No. 18,120.040.010 of the
Code.
2. The proposed conditional use peitto permit an indoor 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 indoor 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
commercial building that is surrounded by other commercial uses.
4. The traffic generated by the indoor 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 pen -nit 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 area and would not
pose a health or safety risk to the citizens of the City of Anaheim.
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. 2017-05942, 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 Conditional Use Permit No. 2017-05942 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
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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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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.
or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 5, 2018. 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 Resolutiol"14 I n the event of an appeal,
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
. .........
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA ) I
""'OUNTY OF ORANGE si
ICITY OF ANAHEIM M
1, Eleanor Morris, Secretary of the Planning Commission of the City of A�naheim,
herebpj, certi:Lg that the foregoimA resolution was �cassed and adolyted at a mectin,-
Commission of the City of Anaheim held on February 5, 2018 by the following vote of tV
members thereof -
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
IN WITNESS WHEREOF, I have hereunto set my hand this 5 1h day of February, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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r
:54 181- 5
z
E LA PALMA AVE
117' « z
D
152'
�2
Source: Recorded Tract Maps arid/or City GIS,
Please note the accuracy is +/- two to five feet.
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EXHIBIT ""
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RESPONSIBLE
N.CONDITIONS
F' APPROVAL
E A i ENT
OPERATIONAL C' IT1ONS
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
The entertainment use shall take place indoors. There shall be no
Planning and Building
outdoor storage of game props or materials.
Department,
Planning Services
Division
4
The business shall be operated in accordance with the Letter of Request
Planning and Building
submitted as part of this application. Any changes to the business
Department,
operation as described in that document shall be subject to review and
approval by the Planning Director to determine substantial
Planning Services
confo ance with the Letter of Request and to ensure compatibility
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with the surrounding uses.
5
Escape room game sessions shall have a cumulative maximum of 26
planning and Building
participants at any time (3 rooms at max. 6 participants, 1 room at max.
Department,
8 participants),
Planning Services
Division
6
Prior to the commencement of any business or entertainment gaming
planning and Building
acitivies, all of the proper permits and occupant' requirements shall be
Department,
approved by the Building Division of the Planning and Building
Department.
Planning Services
Division
Buidling Division
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GEN FYRAL CONDITIONS OFAPPROVAL
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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, darnages, 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 permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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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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