Resolution-PC 2005-90~ ~
RESOLUTION NO. PC2005-90
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THATPETITION FOR CONDITIONAL USE PERMITNO. 2005-04985 BE GRANTED
(4771 EAST HUNTER AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for; certain reai property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE SOUTN 125 FEET OF THE NORTH 205 FEET OF LOT 5 IN BLOCK B OF TRACTNO.
13, IN THE CITY OF ANAHEIM, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK
229, PAGES 46 T0 48 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDS OF SAID ORANGE COUNTY. '
LOT 4 IN BLOCK B OF TRACT 13, AS SHOWN ON A MAP RECORDED W BOOK 9 PAGE
12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 1, 2005, at 2:00 p.m., notice of said 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
WHEREAS, said 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, does find
and determine the following facts
1. That the proposed indoor children's private recreation facility is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.070.050.0529.
2. That the proposed indoor children's private recreation facility as conditioned herein, would
not adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the site functions independently from the adjacent industrial properties and as such,
reduces the potential for operational conflicts.
3. That the traffic generated by the indoor recreation facility would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area; and as demonstrated
by the parking study dated April 15, 2005, prepared by Katz, Okitsu & Associates, Traffic Engineers and
Transportation Planners, the peak parking demand would be 20 stalls on the weekdays and 22 stalls on
weekends, and the site plan indicates 29 spaces.
4. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has
reviewed the proposal to permit a children's indoor private recreation facility and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there is
no substantial evidence that the project will have a significant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subjectPetition for Conditional Use Permit, upon'the following conditions which are hereby
found to be a necessary prerequisite to the proposed use oi the subject property in order to preserve the
health and safety of the citizens of the City of Anaheim:
1. That this facilify shall operate with pre-arranged group parties and shall not be open to the general
public wherein a coverage charge is collected for individuals not affiliated with a pre-arranged group, ar
as an Amusement Device Arcade as defined in Section 18.92.040.
2. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Eire Codes as adopted by the City of
Anaheim.
3. That the hours of operation shalf be limited to: Monday through Saturday 11 a.m. to 9:30 p.m.
4. That only one party shall be conducted at a time per the approved parking study dated April 15, 2005.
5. That all doors serving the facility shall conform to the requirements of the Uniform Fire Code and shall
be kept closed at all times during the operation of the premises except for ingress/egress, permit
deliveries and in cases of eme~gency.
6. That at all timeswhen the premises is open for business, the premises shall be maintained as a indoor
recreation facility that is engaged primarily in children's parties.
7. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division for approvaL
8. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies.
9. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from
gra~ti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically
shown on plans submitted for Public Works Department, Streets and Sanitation Division approval.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
11. That no outdoor uses and/or assembly shall occur on this property.
12. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516, shall
be completed and submitted to the Police Department prior to initial alarm activation. This form is
available at the Police Department front counter.
13. That four (4) foot high rooftop address numbers shalt be painted flat on the roof in co~trasting color to
the rooftop material and shall not be visible from ground level. Said information shall be specifically
shown on plans submitted for building permits.
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14. That a Fire Emergency Listing Card, Form APD 281, shalf be completed and submitted to Police
Department. The form is available at the Police Department front counter.
15. That sign plans for this unit shall be submitted to the Planning Services Division for review and
approvaL Any decision by City staff may be appealed to the planning Commission as a'Reports and
Recommendations" item.
16. That a two-hour time period shall be established between parties to prevent any parking shortages.
17. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
18. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this
resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos.
2, 7, 9; 12, 13, 14, 15 and 16 above mentioned shall be complied with. Extensions for further time to
complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
19. That prior to final building and zoning inspections, Condition No. 17, above mentioned shall be
complied with.
20: 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 Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon appficant'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.
AND BE IT FURTHER RESOLVED that the property owner/devefoper is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 1, 2005. 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 ~/~ ~~~
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2005-90
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) '
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 1; 2005, by the following vote of the members thereof: "
AYES:' COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
c , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNWG COMMISSION
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PC2005-90