Resolution-PC 2009-004RESOLUTION NO. PC2009-004
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATNE DECLARATION AND APPROVING
A REINSTATMENT OF CONDITIONAL USE PERMIT N0.2005-04971,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2005-89
(TRACKING NO. CUP2008-05392)
(5397 EAST HUNTER AVENUE)
WHEREAS, on June 1, 2005, Che Anaheim City Planning Commission, adopted
Resolution No. PC2005-89 granting Conditional Use Permit No. 2005-04971 to permit an indoor
bounce house facility at 5397 East Hunter Avenue; and that Condition No. 1 of said resolution
specifies that the use is approved for a period of three years to expire on June 1, 2008; and
WHEREAS, this property is currently developed with atwo-unit, two-story, industrial
building, the underlying zoning is the Northeast Area Specific Plan, Expanded Industrial Area- Scenic
Corridor Overlay (SP94-1, DA2, SC), the Anaheim General Plan designates this property for Industrial
]and uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit No. 2005-04971, to modify ar delete a condition of approval
pertaining to a time limitation to retain apreviously-approved indoor bounce house facility pursuant to
Code Section No. 1$.60.180 of the Anaheim Municipal Code for certain real property situated in the
City of Anaheim County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 5, 2009, at 2:30 p.m., notice of said public 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 amendment
and to investigate and make findings and recommendations in connection therewith; 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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance with
all conditions and stipulations originally approved.
3. The permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare.
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4. With regard only to the deletion of a time limitation, such deletion is appropriate because it
has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone
and the surrounding azea.
5. That the existing use at the Cime of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses
and the growth and development of the azea in which It is located.
7. That the size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety.
8. That the traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That the granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no persons indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED, that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the previously-approved Negative
Declaration in connection with Conditional Use Permit No. 2005-04971 (Tracking No. CUP2008-
05392j is adequate to serve as the required environmental documentation in connection with this
request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve the proposed reinstatement of Conditional Use Permit
No. 2005-04971 to permit an indoor bounce house facility on property located at 5397 East Hunter
Avenue as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission Resolution
No. PC2005-89 and as adopted in connection with Conditional Use Permit No. 2005-04971, to delete
the time limitation and to read as shown in Exhibit "B" attached hereto and incorporated herein by this
reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the citizens of the City of Anaheim.
BE I1' FURTHER RESOLVED, except as otherwise amended herein, Resolution No.
PC2005-89 remains in full force and effect.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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 Anaheim City 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 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 January 5, 2009. 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 maybe replaced by
a City Council Resolution in the event of an appeal.
n
CHAIlZMA , AN HEI ~ LAN. ING COMMISSION
ATTEST:
SENIOR SECRETl~T2Y, ANAHEfM PLANNING COMMISSION
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 Planning
Commission held on January 5, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAIG,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONER: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~f-day of
January, 2009.
SENIOR SvECRETARYV ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT N0.2005-04971
Source: Recortled Tract Maps and/or City GIS.
Please note the accuracy is +/-two [o five feet.
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u so iao ~~
Feet
EXI-IIBIT "B"
CONDITIONAL USE PERMIT N0.2005-04971
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
`~.rEt~ERA L . , '"n~ ,. , , .. '~ ~;
1. That existing gates must remain open during business hours to make all Code Enforcement
parking spaces accessible.
2. That all doors serving the subject indoor recreation facility shall Code Enforcement
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 emergency.
3. That the property shall be permanently maintained in an orderly fashion Code Enforcement
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.
4. Thal at all times when the premises is open for business, the premises Code Enforcement
shall be maintained as a bona fide indoor recreation facility that is
engaged primarily in children's parties.
5. That no outdoor uses and/or assembly shall occur on the property. Code Enforcement
6. That no required parking area shall be fenced or otherwise enclosed for Code Enforcement
outdoor storage use.
7. That subject property shall be developed substantially in accordance Planning
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 No. 1 through 3 and as conditioned herein.
8. That approval of this application constitutes approval of the proposed Planning
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.
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