Resolution-PC 2009-065RESOLUTION NO. PC2009-065
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMI'~ NO. 1215
(TRACKING NO. CUP 2009-05423)
(3200 EAST CARPENTER STREET)
WHEREAS, ou February 16, 1971, the Ana}~eim City Conncil adopted Resolution No.
71R-65 to approve Conditional Use Pemut No. 1215 and pernvt a miniature golf course aC 3200 East
Carpenter Avenue; and that said resoluCion was subsequendy amended in connection with
Resolution Nos. 91R-17 and PC93-77 Co approve revised plans, to increase the square footage Qf che
club house and to ame~d the conditions of approval; and
WHEREAS, the property is developed with a miniature golf course and an
arcade/amusement center (Camelot Goltland) located in Development Area 3(La Palma Core Area)
of the NorCheast Area Specific Plao (SP 94-1), Che property is also located in the Merged
Redevelopment Area and the Anaheim General Plan designates this property for Office-Low land
uses; and
WHEI2EAS, the Anaheim City Planning Commission did receive a verified Petition
to amend Conditional Use Permit No. 1215 (Tracking No. CUP2009-05423) to permit a day care
facility in conjunction with the entertainment and miniature golf facility; and
WHEREAS, the Planning Commission did hold a public hearing aC the Civic Center in
the City of Anaheim on June 22, 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, to hear and consider evidence for and against said proposed amendment to the
conditional use permit and to investigaYe and make findings and recommendations in connectioo
therewith; and
WHEREAS, said Commission, after due inspection, investigaCion and study made by
itself and in its behalf, and after due cansideration of all evidence and reports offered at said hearing,
does find a~d determine f1~e following faots:
1. ThaC Che proposed amendme~t to Conditional Use PermiC No. 1215 to add a day care
facility to [he exisCing entertainmeot facility is authorized by Anaheim M~nicipal Code Section
18.60.190.030 (Major Amendments).
2. That the permit, as proposed for amendment, would not adversely affect the adjoining
industrial land uses and the growYh and development of the area in whieh it is proposed to be locaCed
because the property is cunently improved with an entertainment facility and the building where the
day care is propased also exists.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrime~Yal ko the particnlar area nor to the health, safety and ge~eral
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welfare of the public because khe property is canently improved with an enCertainmeot facility wiCh
no expansion of the existing clubhouse building proposed. The proposed ootdoor play area would
have limiCed visibility from pubHc view and Che fence would match existing fences on Che property.
4. ?'hat the ttaffic generated by the permiY, as proposed for amendment, would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic
in the area since the parking required by the day care facility is less than that of the restaurant
seating area that it would replace.
5. That granting this amendment to the conditional use permit, under the conditions
imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposed amendment to Conditional Use Permit No. 1215 (Tracking
No. CUP2009-05423) and does hereby find that a Class i(Exis6ng Facilities) Categorica]
Exemption is adequate to serve as the required environmental documentation in connection with this
request.
BE IT F[JRTHER RESOLVED that the Anaheim City Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted
in connection with City Council Resolution Nos. 71R-65 and 91R-17 and Planning Commission
Resol~flon Nos. PC93-77 and PC99-48, as adopCed in conoection with Conditiooal Use PernvC No.
1215> as described in Exhibit "B" attached hereto and incorporated by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of tl~e subject property in order to
preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Timing for
compliance with couditions of approval may be amended by Che Planning Director upon a saowing
of good cause provided (i) eqaivalent timing is established that satisfies the original inCeot and
parpose of the condition(s), (ii) Che modification complies with the Anal~eim Municipal Code and
(iii) the applicanC has demonstrated sSgni£icant progress toward esCablisbment of the use or approved
development. Extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, Chat 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)
of the Anaheim Municipal Code.
Bfi IT FURTHER RESOLVED that the Anaheim Ciry Planniog Commission does
hereby find and determine that adoption of this Resolution is expressly predicaCed upon applicanC'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 hezein contai~ed, shall be deemed
nuIl aod void.
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BE IT FURTI-IER RESOLVED that approval of this application constitutes approvat
of the proposed request only to the e~ctent 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 ordinence,
regulation or requirement.
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 or prior to the issuance of building permits for this project, whichever occurs
first. Failure to pay all chazges shap result in delays in the issuance of required permits or the
revocation of the approval ofthis applioation. .
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 22, 2009. Said resoluHon is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipat Code pertaining to appeal
procedures and may be replaced by a City Gouncil Resolution in the event of an appeal.
CHAIRMAN, IM CiTY LANNING COMMISSION
A 9°f`DCT..
Y, ANAHEIM CITY PLANI~ING COMMISSION
STATE OF CALIFORNIA )
COiJNTY OF ORANGE } ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolurion was passed and adopted at a meeting of the Anaheim
City Planning Commission held on June 22, 2009, by the following vote of the memhers thereof:
AYES: COMMISSIONERS: AGARWAL, BLJFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WhFEI~EOF, I have hereunto set my hand thisZZ~ay of June, 2009.
ARY, ANAHEIM CITY PLANNING COMMISSION
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E<l'HIBIT "A"
CONDTTIONAL USE PERT'IIT NO. 1215
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PC2009-065
EXHIBIT "B"
CONDITIONAL USE PERIVIIT N0.12~5
(TRACKING NO. CUP2009-05423)
Responsible for
No. Conditions of Approval Monitoring
DAY CARE, PRIOR TO COMMENCEMENT OF OPER 4TIONS AND ONGOING
1 The easterly parking lot shall be designated as parking and Planning
loading for the day care use during the hours that the day .
care center is in operation.
2 Tke ma~cimum pemvtted enrollment shall be eighty-five Planzting
(85)•
3 The outdoor play area shall be fenced with a wrought iron Planning
fence that matches the existing fences along the front of the
bailding.
4 Temporary shade struckures are not permitted within the Planning
outdoor play azea. Any shade structures must be permanent Building
structures and appropriate permits must be obtained from the
I Building Division. ,
5 Plans sball be submitted to the Building Division that satisfy Building
the requirements of the Building Code for the appropriate
occupancy of the proposed day care facility,
GENERAL -WI THIN SIXTY'(60} DAYS FROM THE DATE OF THIS RESOLUTION
6 All groperty ~sed for off-siCe parking shall be under Planning
agreement approved as to form by the City Attorney. The City Attorney
agreement shall be recorded in the Office of the County
Recorder, and a recorded copy filed with the Planning
Department and, further, shall specify the number and
location of the off-site parking spaces and assure that the
spaces shall be accessible and available aC all times for
parking in conjunction with the use for which the parking
spaces are required.
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GENERAL '- ONGOING DURING OPERATIQIV
7 Trash enclosures shall be provided and maintained in Public Works -
accordance with approved plans on file with the Public Works Streets and
Department, Streets and SaniCatian Divisioa Sanitation
8 Any lighUng from tl~e snbject property shall be oriented in Plauning
sach a way as noC to interfere with traffic on the Rivers9de Caltrans
Freeway. Any changes to lighting visible to tk~e Riverside
Freeway shall be subject to the approval of Caltrans.
9 At least two uniformed secarity guards shall be present in th'e ' Police
parking lot on Friday and Saturday nights in order to prevent
parking lot loitering.
10 That subject property shall be developed substantially in Planning
accordance wiYh plans and specifications submitted Yo the
City of Anaheim by the petitioner and which plans are on file
witt~ the Planning Department marked Revision No. 5 of
Exhibit Nos. 1 through 3 and Exhibit Nos. 4 through 6
(ExhibiTS 4 thro~gh 6 are the Site Plan, First Floor and
Second Floor pertaining to the day care facility).
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