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Resolution-PC 2019-030RESOLUTION NO. PC2019-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05994 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00143) (2078 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05994 to permit an indoor recreational facility for children known as Kids Empire, (herein referred to as the "Proposed Project") for premise located at 2078 East Lincoln 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 28 -acre in size and is designated as Regional Commercial in the Anaheim General Plan Land Use Element. The Property is currently zoned "C -G" General Commercial. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 24, 2019 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. 2018-05994, 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, as the "lead agency" under the CEQA, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities), which consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The proposed project consists of allowing an indoor recreational facility for children in a vacant tenant space within an existing commercial center. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA; and - 1 - PC2019-030 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 Project is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone; and 2. The proposed conditional use permit to permit an indoor recreational facility for children, 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 project site is located within a large commercial center with compatible commercial uses, and all activities would occur within an existing building with no adverse effects to adjoining land uses; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the facility would be located within a vacant tenant spaces that is located within an existing commercial building; and 4. The traffic generated by the Proposed Project 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 is not expected to exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 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 facility 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. 2018-05994, 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. 2018-05994 in order to preserve the health, safety - 2 - PC2019-030 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 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 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 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 June 24, 2019. 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 Resolution in the event of an appeal. 4CHAERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2019-030 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 June 24, 2019 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, VADODARIA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MULLEADY, WHITE IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of June, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-030 EXHIBIT "A" DEV NO.2018-00143 - 5 - PC2019-030 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05994 (DEV2018-00143) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO COMMENCING OPERATION OF THE BUSINESS All necessary permits and occupany requirements shall be approved by Planning and Building 1 the Building Division of the Planning and Building Department and the Department, Fire Department. Building Division Planning and Building 2 A valid business license shall be obtained from the Business License Department, Division of the City of Anaheim. Business License Division OPERATIONAL CONDITIONS Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building 3 under the control of the business owner shall be removed or painted over Department, within 24 hours of being applied. Code EnforcementDivision Planning and Building 4 All recreational activity shall take place indoors. There shall be no Department, outdoor storage of any materials. Code Enforcement Division The operator of the business shall not permit, and shall take all steps Planning and Building 5 necessary, to prevent its patrons from consuming alcoholic beverages on Department, the premises. Code Enforcement Division The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business Planning and Building 6 operation as described in that document shall be subject to review and Department, approval by the Planning Director to determine substantial conformance Planning Services with the Letter of Request and to ensure compatibility with the surrounding Division uses. GENERAL The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all claims, actions or Planning and Building 7 proceedings brought against Indemnitees to attack, review, set aside, void, or Department, annul the decision of the Indemnitees concerning this permit or any of the Planning Services proceedings, acts or determinations taken, done, or made prior to the decision, Division or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but - 6 - PC2019-030 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the Planning and Building 8 final invoice or prior to the issuance of building permits for this project, Department, whichever occurs first. Failure to pay all charges shall result in delays in Planning Services the issuance of required permits or may result in the revocation of the Division approval of this application. The subject Property shall be developed substantially in accordance with Planning and Building 9 plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and Planning Services as conditioned herein. Division - 7 - PC2019-030