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Resolution-PC 2012-093RESOLUTION NO. PC2012 -093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05633 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00116) (1256 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2012 -05633 to permit an indoor soccer /trampoline facility (the "proposed project ") on a portion of that certain real property located at 1256 North Magnolia Avenue in the City of Anaheim, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is part of an 11.75 -acre industrial complex developed with three industrial tenant spaces located in the Industrial (I) zone. The Property is designated for General Commercial and Industrial land uses in the City of Anaheim General Plan; and WHEREAS, a Negative Declaration (the "Negative Declaration ") was prepared by the City, in the form presented to the Planning Commission at this meeting, because an Initial Study showed no substantial evidence that the proposed project may have a significant effect on the environment; and WHEREAS, on December 3, 2012, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project and the Negative Declaration, which was prepared in connection therewith, 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 "), this Planning Commission has reviewed and considered the information contained in the Negative Declaration, together with any comments received during the public review process, and finds and determines that (i) the Negative Declaration is all that is necessary to serve as the required environmental documentation in connection with the proposed project and the approval of the proposed project; (ii) the Negative Declaration reflects the independent judgment of this Planning Commission; and (iii) that there is no substantial evidence that the proposed project will have a significant effect on the environment; 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 pertaining to the request to permit an indoor soccer /trampoline facility, does find and determine the following facts: - 1 - PC2012 -093 1. The proposed conditional use permit request to permit an indoor soccer /trampoline facility within an existing industrial building tenant space is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.010 (Recreation - Commercial Indoor) of the Code. 2. The proposed conditional use permit to permit an indoor soccer /trampoline facility within an existing industrial building tenant space, 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 building is surrounded by compatible buildings and uses; and, the indoor soccer /trampoline facility would be located within an existing building with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the indoor soccer /trampoline facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial building tenant space. 4. The traffic generated by the an indoor soccer /trampoline 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 not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding commercial and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve and adopt the Negative Declaration and Conditional Use Permit No. 2012- 05633, subject to the conditions of approval described 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 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, (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 limitation on 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. -2- PC2012 -093 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 Zoning Code of the City of Anaheim 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 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 CI Y ANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -093 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 December 3, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE I'\ eIaWNWK6]u Iu I [.Y.M CiAI Q-MW Cs7:'.X IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of December, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -093 EXHIBIT "A" DEV NO. 2012 -00116 -5- PC2012 -093 ® o ®o Source: Recorded Tract Maps and /or City GIS. rest Please note the accuracy Is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012 -05633 (DEV2012- 00116) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY I The parking lot area shall be re- slurried, as necessary, and Planning striped for a minimum of 387 parking spaces. Parking lot striping shall be provided, per City Standard Detail No. 470. Disabled parking spaces shall be provided in accordance with the Americans with Disabilities Act and City Standard Detail No. 436 -G. The re- slurry and restriping improvements shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. 2 The chain -link fencing and gates along the front of the Planning property, the south property line, the north property line and the chain -link fence separating the front and rear parking lot areas shall be removed. The chain -link gate at the northeast corner of the building shall also be removed. If necessary, the applicant shall install new fencing along the north property line as approved by Planning Department Division and as allowed by the Zoning Code. The removal of the chain -link fencing/gates and new fencing improvements shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. 3 A trash enclosure shall be constructed meeting the Planning requirements of the Department of Public Works Streets and Sanitation Division. Also, vines shall be provided around the trash enclosure to deter graffiti. The enclosure shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. 4 A sign plan must be reviewed and approved for all Planning proposed business si gns. 5 Complete a Burglary/Robbery Alarm Permit application, Police Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: ?id =678 http://www.anaheim.netlarticle.aM?id=678 6 Address numbers shall be positioned so as to be readily Police readable from the street. Number should lie illuminated during hours of darkness. Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. 7 All exterior doors to have adequate security hardware, Police e.g. deadbolt locks. Wide -angle peepholes or other viewing device should be installed in solid doors where -6- PC2012 -093 -7- PC2012 -093 natural surveillance is compromised. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. Overhead roll -up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 8 Proper exterior parking lot lighting shall be provided. Planning/ Provide a lighting plan showing the type of lighting to be Police provided to ensure the parking lot will be well lit. Monument signs and addresses shall be well lit during hours of darkness. Adequate lighting of parking lots, 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 person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. The lighting in the parking lot shall be maintained in proper working order and remain illuminated during hours of darkness. The afterhours lighting in the parking area shall be on a dimming control system and remain lit within the 50 -80% reduction allowances until daylight hours. Outdoor Full cut off wall pack fixtures shall be added to each side of the building's exterior and be illuminated during hours of darkness. Lighting improvements shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. 9 The existing landscaped planters located on the portion of Planning/ the property devoted to the soccer and trampoline facility Police shall be upgraded to include new planting material and shall be properly irrigated and maintained. Overgrown vegetation throughout the property shall be cleaned up and maintained in a well groomed manner. The landscaping improvements shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. -7- PC2012 -093 10 Landscaping shall be significantly cut back or reduced Police and maintained in a manner that allows for any person or vehicle to be easily observed from the building and/or surrounding properties. Additionally, no landscaping shall interfere with installed lighting fixtures so as to reduce or block adequate lighting from reaching its intended location. Landscaping along North property line shall be cut back or removed to allow for fencing installation or repair. This will prevent unwanted access to or from the railroad property by people or vehicles. Landscaping along the East property line shall be cut back or reduced to allow for safe passage of pedestrians and to eliminate or reduce the opportunity for persons to loiter unobserved. These landscaping improvements shall be completed p rior to occupancy of the proposed use. 11 An automatic fire sprinkler system shall be designed, Fire installed and maintained as required by the Fire Department. 12 A fire alarm system shall be designed, installed and Fire maintained as required by the Fire Department. The alarm system shall be shown on plans submitted for building permits and installed prior to occupancy of the proposed use. 13 That all requests for new water services or fire lines, as Engineering well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 14 If continued use of the existing 2" water meter serving the Water property is required, a lead -free backflow prevention Engineering device, meeting the City of Anaheim's standards, shall be installed prior to final occupancy. Otherwise the meter and service shall be abandoned per City of Anaheim standards. 15 A "Right Turn Only" sign shall be installed at the driveway Public exit on Magnolia Avenue as approved by Public Works and Works/Planning Planning Department staff. The sign shall be installed prior to occupancy. -8- PC2012 -093 GENERAL 16 The hours of operation for the indoor soccer /trampoline Planning facility shall be Monday through Sunday: 10:00 a.m. to 10:00 p.m. Changes to the Operational Plan and Parking Study are subject to review and approval by the Planning Director and shall be based on the demonstrated availability of an adequate number of parking spaces to support any requested operational change. 17 The property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Division marked Exhibit No. 1 and 2 (Site Plan and Floor Plans), and as conditioned herein. 18 Any graffiti painted or marked upon the premises or on Code any adjacent area under the control of the property owner Enforcement shall be removed or painted over within 24 hours of being applied. 19 The applicant shall be responsible for maintaining the Planning/ Code area adjacent to the premises over which they have Enforcement control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. 20 All activities related to the use shall occur indoors, except Planning/ Code as may be permitted by an authorized Special Event Enforcement Permit. 21 No required parking area shall be fenced or otherwise Planning/ Code enclosed for outdoor storage. Enforcement -9- PC2012 -093