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Resolution-PC2025-013RESOLUTION NO. PC2025-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO PERMIT A RECREATION -COMMERCIAL INDOOR USE FOR AN INDOOR SCREEN GOLF PRACTICE RANGE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2024-00046) (1151 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit for a Recreation — Commercial Indoor use for an indoor screen golf practice range (the "Proposed Project") on certain real property located at 1151 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.67 acres in area and is developed with a 10,397-square-foot single -story commercial building. The Property is designated for Office -Low land uses in the General Plan. The Property is in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Recreation —Commercial Indoor uses require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 19, 2025, at 5:00 p.m., with 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 the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301— Existing Facilities. The Proposed Project is a request for a conditional use permit for a Recreation —Commercial Indoor use for an indoor screen golf practice range. The Proposed Project is a request to operate in indoor screen golf practice range in an existing 10,327 square foot office building with no expansion, and the use an existing 10,327- square-foot office building, with no expansion, would be consistent with the historic level of office activity on the subject property and, therefore qualifies for this type of exemption. Pursuant to Section 15300.2 (c) and Section 15301 of Title 14 of the California Code of Regulations there are no unusual circumstances in respect to the project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA.; and 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 a conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the Commercial Zone under subsection .040 of Section 18.08.030 (Uses) of Chapter 18.08 Commercial Zones of the Code, subject to a conditional use permit for a Recreation —Commercial Indoor use. 2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because all activities will take place indoors, with no outdoor operations. The project complies with all applicable development standards and is not expected to place additional strain on public infrastructure. It is, therefore, not anticipated to adversely impact surrounding land uses or hinder future development. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because it is adequately sized and shaped to accommodate the proposed use. The indoor range will occupy an existing building and will not involve any expansion of the structure. The building is set back 15 feet from Magnolia Avenue and 5 feet from Woodland Drive, and interior setbacks of 20 and 64 feet. The Floor Area Ratio (0.35) remains below the maximum allowed of 0.50. The proposed use can be fully developed within the existing building without detrimental effects on adjacent properties or the surrounding area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The proposed use would not involve new construction or expansion of the existing building; therefore, the existing infrastructure can accommodate the projected traffic. Moreover, since the business will operate by appointment only, overall traffic will remain below that of typical indoor commercial recreation uses. The streets and infrastructure in the area are sufficient to accommodate the expected traffic volumes. A traffic study or VMT analysis was not required, and no adverse traffic impacts are anticipated. 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 because the project is located adjacent to other similar commercial uses and would be consistent with existing land - 2 - PC2025-013 use patterns in the area. The project has been designed to ensure that business operations would not negatively impact neighboring properties. Conditions of approval have been incorporated to guarantee that the use is well -maintained and remains compatible with the surrounding land uses. Therefore, granting the conditional use permit with the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, this 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 negate the findings made in this Resolution. This 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 pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit, 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 for which the conditional use permit is applicable 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 (Extension of Time to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building 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. BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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 May 19, 2025. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 - 3 - PC2025-013 (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. A' I tr !`fi't4 CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM LANNING COMMISSION OF THE -CITY OF ANAHEIM - 4 - PC2025-013 EXHIBIT "A" DEV NO. 2024-00046 APN: 070-762410 W p 0 z 184' r..,r. 0 2= so Source: Recorded Tract Maps and/or City G1S. ti ti ® Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT (DEV2024-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1 Owner/Developer shall install an approved backflow Public Utilities prevention assembly on the water service connection(s) Water Engineering serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. PRIOR TO BUILDING PERMIT ISSUANCE 2 Prior to the issuance of building permits, plans shall reflect a Fire and Rescue Department required 3-hour fire rated wall per CBC §707.3.10, Table Community Risk Reduction 707.3.10. Division 3 All requests for new water services, backflow equipment, or Public Utilities fire lines, as well as any modifications, relocations, or Water Engineering abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 4 All existing water services and fire services shall conform to Public Utilities current Water Services Standards Specifications. Any water Water Engineering service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to up grade or to abandon any water service or fire line. ON -GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS Ongoing during project operations, loading and unloading Public Works Department, 5 of vehicles shall be performed on site. Delivery vehicles Traffic Engineering Division shall not block any part of the public right of way. Ongoing during project operations, all vehicles associated Public Works Department, 6 with the facility shall be parked on -site and be prohibited Traffic Engineering Division from parking on public and private streets in the vicinity. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The Owner shall be responsible for restoring any special Public Utilities surface improvements, other than asphalt paving, within any Water Engineering right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or 7 landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the property, if any, and the City easement deeds. GENERAL 8 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case Department, application within 30 days of the issuance of the final invoice Planning Services Division or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 9 All CBC and CFC requirements shall be met for permit Fire and Rescue Department issuance. Any fire permits, which include fire sprinklers, Community Risk Reduction fire alarm, etc. shall be submitted directly to the Anaheim Division Fire and Rescue Department. 10 The following minimum horizontal clearances shall be Public Utilities maintained between proposed water main and other Water Engineering facilities: • 10-feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances, shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, streetlights, and trees. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. -AND/OR- The following additional minimum clearances shall be maintained between existing and proposed public water main and other facilities: • 10-feet minimum horizontal separation (outside wall -to -outside wall) from sanitary sewer mains and laterals. • 6-feet minimum separation from curb face • 12-inch minimum vertical separation from other utilities. 11 No public water mains or laterals allowed under parking Public Utilities stalls or parking lots. Water Engineering 12 The business shall operate in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes Department, to the business operation as described in these documents Planning Services Division shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 13 All new landscaping shall be installed by the Planning and Building owner/developer in conformance with Chapter 18.46 Department, "Landscape and Screening" of the Anaheim Municipal Code Planning Services Division and shall be maintained in perpetuity. Landscaping shall be replaced by the applicant in a timely manner if it is removed, damaged, diseased, and/or dead. 14 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively Planning Services Division as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees 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 NO. CONDITIONS OF APPROVAL I RESPONSIBLE DEPARTMENT attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 15 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Department, Anaheim by the applicant, which plans are on file with the Planning Services Division Planning and Building Department, and as conditioned herein. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Bridgette Bambrick, 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 May 19, 2025, by the following vote of the members thereof: AYES: Chairperson Walker, Commissioners Castro, Kelly, Lieberman, Perez, and Tran- Martin. NOES: ABSENT: Commissioner Abdulrahman IN WITNESS WHEREOF, I reunt t my hand this 19t' day of May 2025. SECRE , LANNING COMMISSION OF THE CITY OF ANAHEIM