Loading...
Resolution-PC 2016-093RESOLUTION NO. PC2016-093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00101) (1088 NORTH TUSTIN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016- 05886 to permit an entertainment gaming facility (escape room), and (ii) Variance No. 2016- 05080 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed Project") for premises located within a portion of that certain real property at 1088 North Tustin Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.9 acres in size and is currently developed with an office complex. The Property is located in the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 2016 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 18.60 (Procedures) of the Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080, and to investigate and make findings and recommendations 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) 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 the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2016-093 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 Conditional Use Permit No. 2016- 05886, does find and determine the following: 1. The proposed entertainment gaming facility (escape room) within an existing office building is an allowable primary use within the 'Entertainment Venue" use class of the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan Area permitted with a conditional use permit under Table 120_B (Primary Uses by Development Area: Non -Residential Use Classes) of Section 18.120.040 of the Zoning Code. 2. The proposed entertainment gaming facility (escape room), under the conditions imposed, 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 entertainment gaming facility (escape room) would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the entertainment gaming facility (escape room) in a manner not detrimental to the particular area or to the health and safety because the use would be located within an existing office building that is surrounded by other retail and office uses. 4. The traffic generated by the entertainment gaming facility (escape room) 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 offices in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (175 spaces required; 99 spaces proposed) 1. Based, in part, upon a review of the letter of request submitted by the applicant and observations made by staff, that the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the entertainment gaming facility has a limited number of participants; - 2 - PC2016-093 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed entertainment gaming facility; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the office complex will adequately accommodate peak parking demands of the use on the site; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the industrial property. WHEREAS, the 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 detract from the findings made in this Resolution. The 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 the Planning Commission does hereby approve Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080, 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 under Conditional Use Permit No. 2016- 05586 and Variance No. 2016-05080 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3 - PC2016-093 BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 Zoning 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON PRO -TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-093 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, 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 November 14, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-093 EXHIBIT "A" DEV NO. 2016-00101 APN: 346-132-01 E EAGLE DR E MELVILLE WAY W Q Z L— z L -LL I I E LA PALMA AVE E LA PALMA AVE 337' w 4 M Z N N W) H 342' Z N PACIFIC N• ER DR a t"a z 0 z 0 LL z ®r Source: Recorded Tract Maps and/or City GIS. Fee: Please note the accuracy is +/- two to five feet. - 6 - PC2016-093 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05886 VARIANCE NO. 2016-05080 (DEV2016-00101) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT OPERATIONAL CONDITIONS 1' Any graffiti painted or marked upon the premises or on any adjacent Planning and Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 2. The operator of the business shall not permit and shall take all steps Planning and Building necessary to prevent its patrons from consuming alcoholic beverages Department, on the premises. Planning Services Division 3. There shall be no outdoor storage of game props or materials. Planning and Building Department, Planning Services Division 4. The business shall be operated in accordance with the Letter of planning and Building Request submitted as part of this application. Any changes to the Department, business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial Planning Services conformance with the Letter of Request and to ensure compatibility Division with the surrounding uses. 5. That escape room game sessions shall have a cumulative maximum of planning and Building 16 participants at any time. Department, Planning Services Division 6. Within 60 days of the date of this resolution, all of the proper permits planning and Building and occupany requirements shall be approved by the Buiding Department, Division of the Planning and Building Department. Building Division - 7 - PC2016-093 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT GENERAL CONDITIONS OFAPPROVAL 7. The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees Division 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 attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 8. The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 9. The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Planning Services Department, and as conditioned herein. Division - 8 - PC2016-093