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Resolution-PC 2018-004(DEV2017-00109) (1081 NORTH TU STIN AVENUE, SUITES 116 AND 117) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Pen -nit No. 2017- 05942 to permit an indoor entertainment gaining facility known as the Square Escape Room, (herein referred to as the "Proposed Project") for premises located at 1081 North Tustin Avenue, Suites 116 and 117 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 1.23 acres in size and is currently developed with two commercial buildings. The Property is located in the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan "SP 2015-1, DA 3" and is subject to the zoning and d a 2015-1 (SP 2015-1) Zoning and Development Standards. 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 Anaheirn on February 5, 2018 at 5:00 p.m., and 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 Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05942, and to investigate and inake findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environincntal 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 (i.e., Class I — 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 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 - 1 - PC2018-004 WHEREAS, the Planning Commission, after due inspection, investigation and stu made by itself and in its behalf, and after due consideration of all evidence and repoir-ts offer at said hearing with respect to the request for 1 Conditional Use Pennit No. , do find and deten-nine the following: 1 2017-05942 1. The proposed request to permit an indoor entertainment gaming facility within an existing commercial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18,120.040.010 of the Code. 2. The proposed conditional use peitto permit an indoor entertainment gaming 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 building is surrounded by compatible buildings and uses; and, the entertainment gaming facility 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 indoor entertainment gaming 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 commercial building that is surrounded by other commercial uses. 4. The traffic generated by the indoor entertainment gaming 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 pen -nit 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 area and would not pose a health or safety risk to the citizens of the City of Anaheim. 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. No. 2017-05942, 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. 2017-05942 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 - 2 - PC2018-004 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. Wf=L MAK V4MW 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. or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolutiol"14 I n the event of an appeal, CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM . ......... SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-004 STATE OF CALIFORNIA ) I ""'OUNTY OF ORANGE si ICITY OF ANAHEIM M 1, Eleanor Morris, Secretary of the Planning Commission of the City of A�naheim, herebpj, certi:Lg that the foregoimA resolution was �cassed and adolyted at a mectin,- Commission of the City of Anaheim held on February 5, 2018 by the following vote of tV members thereof - AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE IN WITNESS WHEREOF, I have hereunto set my hand this 5 1h day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-004 r :54 181- 5 z E LA PALMA AVE 117' « z D 152' �2 Source: Recorded Tract Maps arid/or City GIS, Please note the accuracy is +/- two to five feet. -5- PC2018-004 EXHIBIT "" - 6 - PC2018-004 RESPONSIBLE N.CONDITIONS F' APPROVAL E A i ENT OPERATIONAL C' IT1ONS 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 The entertainment use shall take place indoors. There shall be no Planning and Building outdoor storage of game props or materials. Department, Planning Services Division 4 The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business Department, operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial Planning Services confo ance with the Letter of Request and to ensure compatibility Division with the surrounding uses. 5 Escape room game sessions shall have a cumulative maximum of 26 planning and Building participants at any time (3 rooms at max. 6 participants, 1 room at max. Department, 8 participants), Planning Services Division 6 Prior to the commencement of any business or entertainment gaming planning and Building acitivies, all of the proper permits and occupant' requirements shall be Department, approved by the Building Division of the Planning and Building Department. Planning Services Division Buidling Division - 6 - PC2018-004 -7- PC2018-004 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GEN FYRAL CONDITIONS OFAPPROVAL 7 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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, darnages, 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 permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division 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 -7- PC2018-004