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Resolution-PC 2014-017RESOLUTION NO. PC2014 -017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 000110) (3200 EAST CARPENTER AVENUE) WHEREAS, on February 16, 1971, and subject to certain conditions of approval, the Anaheim City Council, by its Resolution No. 71 R -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, generally depicted on the map attached hereto as Exhibit A 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 of the City of Anaheim (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, on November 19, 2012, the Planning Commission, by its Resolution No. PC2012 -086, approved another amendment to the Original CUP to permit a go cart facility in conjunction with an existing amusement facility. The Original CUP, together with all of the aforementioned amendments thereto, shall be referred to herein collectively as the "CUP "; and WHEREAS, the Planning Commission did receive a verified petition for Conditional Use Permit No. 1215C to amend the CUP to permit a bumper boat attraction and charge a customer parking fee in conjunction with an existing amusement facility, pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and WHEREAS, the Property is approximately 5.9 acres in size and is developed with an amusement facility consisting of four miniature golf courses, a water slide, an arcade, a banquet hall, a restaurant, and a laser tag facility, commonly known as "Camelot Golfland ". The Property is located in the La Palma Core Area (Development Area 3) of the Northeast Area Specific Plan Area (SP 94 -1) and is subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development Standards) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Office -Low land uses; and - 1 - PC2014 -017 WHEREAS, on February 10, 2014, 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 Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 1215C, and to investigate and make findings and recommendations in connection therewith. The hearing was continued at the request of the applicant to the regular meeting of the Planning Commission held on February 10, 2014 so that the request could be amended and re- noticed to allow the applicant to charge a parking fee for the customer parking lot; 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 pertaining to the request for Conditional Use Permit No. 1215C, does find and determine the following facts: 1. The request to permit a bumper boat facility is properly one for which a conditional use permit is authorized under Section 18.120.080.050.0502 (Amusement Park Facilities) of the Code under the conditions imposed. 2. The bumper boat facility, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the recreational facility will be compatible with the surrounding industrial uses in the area. 3. The size and shape of the site for the bumper boat facility 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 Conditional Use Permit No. 1215C under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. -2- PC2014 -017 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 1215C, 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 1215C is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 1215C 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 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 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that except as amended herein, all conditions of approval contained in Resolution Nos. 71R -65, 91R -17, PC93 -77, PC99 -48, PC2009 -065 and PC2012- 086 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 10, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. \M c y-A CHAIR PRO- TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -017 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 10, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 10' day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -017 EXHIBIT " A " DEV NO. 2013-00110 -5- PC2014 -017 O oo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 1215C (DEV2013- 00110) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL CONDITIONS 1 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure Services to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 2 The facility shall be operated in accordance with the Parking Planning Analysis letters submitted as part of this application. This Department, requirement includes the provision of attendants to patrol Code neighboring properties to ensure that surrounding properties are Enforcement not impacted by spillover parking by Camelot customers during Division the hours when parking fees are being charged. Any changes to the business operation as described in said documents shall be subject to review and approval by the Planning Director to determine substantial conformance with said letters to ensure compatibility with the surrounding uses. 3 The days and hours of operation for the customer parking fees Planning shall be limited to Friday and Saturday from 6:30 p.m. to 12 Department, a.m., and Sunday from 4:30 p.m. to 10 p.m. The hours of Code operation may be modified subject to prior review and approval Enforcement by Planning Director. Division 4 The customer parking fees shall be subject to a nine (9) month Planning review commencing from the date of this resolution. Planning Department, Department staff will report back to the Planning Commission Planning as a "Reports and Recommendations" (R &R) item on the status Services of the operation to ensure no impacts have been created Division associated with the parking fees. The owner shall pay for the cost of processing this R &R item. -6- PC2014 -017 5 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department, (collectively referred to individually and collectively as Planning "Indemnitees ") from any and all claims, actions or proceedings Services brought against Indemnitees to attack, review, set aside, void, or Division 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 attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 6 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim Department, by the applicant and which plans are on file with the Planning Planning Department and as conditioned herein. Services Division -7- PC2014 -017