Resolution-PC 2012-086RESOLUTION NO. PC2012 -086
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00114)
(3200 EAST CARPENTER AVENUE)
WHEREAS, on February 16, 1971, and subject to certain conditions of approval,
the City Council of the City of Anaheim, by its Resolution No. 71R -65, did approve Conditional
Use Permit No. 1215 to permit a miniature golf course facility (herein referred to as the "Original
CUP ") on that certain real property located at 3200 East Carpenter Avenue in the City of
Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, on January 15, 1991, the City Council, by its Resolution No. 91R-
17, approved an amendment to the Original CUP to permit a water slide and expand the existing
clubhouse and arcade for an existing amusement facility; and
WHEREAS, on June 28, 1993, the Planning Commission, by its Resolution No.
PC93 -77, approved another amendment to the Original CUP to permit a children's play area
within an existing amusement facility; and
WHEREAS, on March 15, 1999, the Planning Commission, by its Resolution No.
PC99 -48, approved another amendment to the Original CUP to expand the clubhouse building,
add a "Lasertag" facility, and relocate the children's play area for an existing amusement facility;
and
WHEREAS, on June 22, 2009, the Planning Commission, by its Resolution No.
PC2009 -065, approved another amendment to the Original CUP to permit a children's day care
facility in conjunction with an existing amusement facility; and
WHEREAS, the 5.9 -acre Property is developed with an amusement facility
consisting of a miniature golf course, water slide, arcade, banquet hall, restaurant, and laser tag
facility (Camelot Golfland). The Property is located in Development Area 3 (La Palma Core
Area) of the Northeast Area Specific Plan (SP 94 -1). The Anaheim General Plan designates the
Property for Office -Low land uses; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 121513") to
permit a go -cart track at an existing amusement facility (collectively referred to herein as the
"proposed project "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 19, 2012 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 Chapter
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18.60 of the Code, to hear and consider evidence for and against said proposed conditional use
permit to investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, 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 to permit the Project on the Property does find
and determine the following facts:
1. The proposed use is properly one for which a conditional use permit is authorized by
the SP 94 -1, D.A. 3 zone.
2. The proposed use 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 the project will not have a
negative impact on the adjacent industrial uses to the east and west.
3. The size and shape of the site 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 the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties.
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 because the vehicular
circulation is designed to minimize impacts on the surrounding businesses because visitors will
enter the facility exclusively from Carpenter Avenue, which is lightly used industrial cul -de -sac
street.
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 has
been designed to minimize impacts on the surrounding businesses.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 1215B, 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 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
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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 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.
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.
BE IT FURTHER RESOLVED that the conditions of approval attached to this
Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically
amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To
the extent that there is any conflict or inconsistency between the conditions of approval attached
to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of
approval attached to this Resolution as Exhibit B shall control and govern the Property.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 19, 2012. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CIT ANNING COMMISSION
EVNIM"
ANAHEIM CITY 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
City Planning Commission held on November 19, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of November, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00114
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® o so roo Source: Recorded Tract Maps and /or City GIS.
v
Feet Please note the accuracy Is +l- two to five feet.
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215
(DEV2012- 00114)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1
The property owner shall submit a letter requesting termination of
Planning
Conditional Use Permit No. 2009 -05423 (to permit a day care facility) to the
Planning Department.
2
Trash storage areas shall be provided and maintained in a location acceptable
Planning
to the Public Works Department 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 from adjacent streets. The walls
of the storage areas shall be protected from graffiti opportunities by the use
of plant materials such as minimum one - gallon size clinging vines planted on
maximum three -foot centers or tall shrubbery.
3
Landscaping and/or fencing shall be provided in order to screen the go -cart
Planning
track from view of Carpenter Avenue. Said information shall be specifically
shown on plans submitted for building permits.
4
A Water Quality Management Plan (WQMP), as described in Drainage Area
Building
Management Plan for Orange County, shall be submitted to the Building
Division for review and approval. Said WQMP shall:
• Address Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs..
Describe the long -term operation and maintenance, identifies the responsible
p arties, and funding mechanisms for the Treatment Control BMPs.
5
The WQMP shall:
Building
• Demonstrate that all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved
plans and specifications.
• Demonstrate that the property owner /developer is prepared to
implement all non - structural BMPs described in the Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project
WQMP are available on site.
Submit for review and approval by the City an Operation and Maintenance
Plan for all structural BMPs.
GENERAL
6
The property shall be developed substantially in accordance with plans and
Planning
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department marked Exhibit No. 1 (Site
Plan) and 2 (Landscape Plan), and as conditioned herein.
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