Resolution-PC 2011-028RESOLUTION NO. PC2011 -028
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DE'T'ERMINING THAT A CLASS 1 CA'T'EGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2010 -05545
(DEV2010- 00192)
(1440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05545 to permit a commercial indoor and outdoor
recreational facility, including indoor amusement devices and an outdoor arcade within a tent
structure in conjunction with the Anaheim Indoor Marketplace, 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 property is developed with a 133,200 square foot commercial
building located in the General Commercial (C -G) zone and the Anaheim General Plan
designates this property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 28, 2011, at 5:00 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
tentative parcel map and conditional use permit to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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 to permit a commercial indoor and outdoor
recreational facility, including indoor amusement devices and an outdoor arcade within a tent
structure should be approved for the following reasons:
1. The proposed request to permit commercial indoor and outdoor receational
facilities in the General Commercial (C -G) zone is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Recreation —
Commerci al Indoor /Outdoor).
2. The proposed commercial indoor recreational 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 arcade machines located inside the building and
adjacent to the main entrances would be suitable as an accessory use within the indoor
marketplace building and would have no adverse affects to adjoining land uses. Moreover, the
outdoor arcade and tent structure would not adversely affect the adjoining land uses and the
growth and development of the area because the facility is concealed within the rear yard area
and is not visible from public view along Cerritos Avenue and Anaheim Boulevard. In addition,
the outdoor facility operates as an accessory use to the indoor marketplace and as a recreational
amenity to the soccer field operation.
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3. The traffic generated by the proposed commercial indoor and outdoor recreational
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 occur after the highest
peak weekday hours on the adjacent highways.
4. The granting of the proposed commercial indoor recreational facility 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 be compatible with the surrounding area because the use
is integrated with other uses on the property and is not a health or safety risk to the citizens of the
City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2010- 05545, subject to the
conditions of approval 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 the
subject property 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 Anaheim Municipal 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 (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the 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.
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 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.
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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.
A'HEST:
STA'L'E OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
THE FOREGOING RESOLUTION at the Planning Commission
meeting of March 28, 2011.
CHAIRMAN, AN PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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
City Planning Commission held on March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011.
SENIOR SECR ARY, ANAHEIM CITY PLANTING COMMISSION
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APN: 082 - 130 -16
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Fc •. i,
E PALA'S RD
EXHIBIT "A"
DEV2010 -00192
1,164'
729.94'
E CERRITOS AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11076
4 PC2011 -028
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05545
(DEV2010- 00192)
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
GENERAL CONDITIONS
1 All required permits for the unpermitted tent structure and Code
outdoor arcade shall be obtained from the Building Division Enforcement,
and Fire Department within 90 days of the date of this Building, Fire
resolution, otherwise, the tent structure and the arcade
devices within that structure shall be removed from the
property.
2 The outdoor arcade and tent are granted to operate
exclusively in conjunction with Conditional Use Permit No.
3688 (which permits the two outdoor soccer fields) and shall
only be valid as long as the soccer fields are an authorized
use on the subject property.
5 Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds contiguous
to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on -site.
Said information shall be specifically shown on plans
submitted for Police Department, Community Services
Division approval.
Planning
3 A maximum of 52 amusement arcade devices shall be Code
permitted within the indoor marketplace building, adjacent to Enforcement
the west and south entrances, and within the tent structure, as
shown on approved exhibits.
4 Security measures shall be provided to the satisfaction of the Police
Anaheim Police Department to deter unlawful conduct of
employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, and to
prevent disturbances to the neighborhood by excessive noise
creating by patrons entering or leaving the premises.
Police
6 The property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit Nos. 1 (Site Plan)
and 2 (Floor Plan), and as conditioned herein.
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7 The rear parking lot at the northeast corner of the property Planning
shall be closed and gated while outdoor events are occurring
in the soccer fields and/or outdoor patio area adjacent to the
tent structure.
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