Loading...
Resolution-PC 2005-89• ~ RESOLUTION NO. PC2005-89 - A RESOLUTION OF THE ANAHEtM PLANNING'COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-04971 BE,GRANTED WHEREAS, the'Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim,' County of,Orange, State of California, described as: , THAT PORTION OF PARCEL 3AS SHOWN ON A MAP FILED IN BOOK 179, PAGES ' 5 AND 6 INCLUSIVE OF. PARCEL MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA, SHOWN AS PARCEL 2 ON LOT LINE ADJUSTMENT 84-237234, OFFICIAL RECORDS. WHEREAS; the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 2005 at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of,the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to _ investigate and make findings and recommendations in connection therewith;`and ` WHEREAS, said 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, does find and determine the #ollowing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Na 18.120.070.050.0529. 2. That the proposed indoor chi{dren's private recreation facility as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which if is located because the site functions independentlyfrom the adjacent industrial'properties and as such, reduces the potential for operational conflicts. 3. That the traffic generated by the indooc recreation facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and as demonstrated by the parking study dated April 11, 2005, prepared by TCB AECOM , Traffic Engineers and Consultants, the : peak parking demand would be 85 parking spaces on the weekdays and weekends, and the site plan indicates 126 parking spaces. , 4. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of tfie citizens of the City of Anaheim. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit an indoor private recreation facility; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independenY judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. . ~ NOW, THEREFORE, BE ITRESOLVED that the Anaheim Planning Commission;does herebygrant subjectPetition for Conditional Use Permit, upon the following conditions which arehereby found to be a necessary prerequisite to the,proposed use of the subject property in orderto preserve the safety and general welfare'of the Citizens of the City of Anaheim: 1, That subject use permit shall expire three (3) years from the date of this resolution,"on June 1, 2008. 2. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department.' Said information shall be specifically shown on plans submitted for Public Works Departmen4, Streets and Sanitation Division approval. 3. That if an alarm system is installed, a Burglary/Robbery Alarm' Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at thePolice Department front counter. 4: ' That four,(4) foothigh rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground levet. Said information shall be ' specifically shown on plans submitted for building permits. ' 5. That a Fire Emergency Listing Card, Form APD-281, shall be aompleted and submitted to Police Department. `The form is available at the Police bepartment front counter. 6. That a landscape and irrigation plan for subject property shall be submitted to the Planning Services Division for review and approvaL Plans shall reflect the addition of twelve (12) minimum 24-inch box sized evergreen trees within the front setback along Nunter Avenue for a total of sixteen (16) trees ' as required byCode. Any decision by City staff may be appealed to the Planning Commission as a "Reports and Recommendations" item.: 7. That sign pians for this unit shall be submitted to the Planning Services Division for review and approval. Any decision by City staff may be appealed to the Planning Commission as a`Reports and Recommendations" item. 8. That the parking lot serving the premises shall be equippetl with lighting of sufficient power to illuminate and make easily discemble the appearance and conduct of alt persons on or about the parkinglot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted Police Department, Community Services Division approvaL 9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, and/or dies. 10. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty four (24) hours from time of occurrence. 11. That existing gates must remain open during business hours to make all parking spaces accessible. 12. That all doors serving the subject indoor recreation facility shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except fior ingress/egress, permit defiveries and in cases of emergency. 13. That at all times when the premises is open for business, thepremises shall be maintained as a bona fide indoor recreation facility that is engaged primarily in children's parties. 14. That no outdoor uses and/or assembly shall occur on this property. -2- PC2005-89 • i 15. That the hours of operation shall be limited to 9:30 a.m. to 10 p.m:, daily. 16. That subject property shall be developed substantially in accordance with pians and specifications submitted to the City of Anaheim by the applicanf and which plans are on file with the Planning Department marked' Exhibit Nos. 1, 2 and 3, and as conditioned herein. 17. That prior to issuance of a building permit, or prior to commencement of the activity authorized by #his resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 2, 3, 4; 5, 6, 7, 8 and 16 above mentioned shall be complied with. Extensions for further time to " complete said conditions shall be granted in accordance with Section 18:60.170 of the Anaheim Municipal Code. 18. That approval of,this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of'this Resolution is expressly predicated upon applicanYs 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 1, 2005. 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 ced by a City Cou cil Resolution in the event of an appeaL ~ CHAIRMAN, ANA IM PLANNING COMMISSION ` ATTEST: /`~ ~-s~-+-~-- . SENIOR SECRETARY, ANAHEIM PLANNING COMMISStON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at ameeting of the Anaheim Planning Commission , : held on June 1, 2005, by the following vote of the members thereofi AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ NOES: COMMISSIONERS: fVONE ABSENT: COMMISSIONERS: FLORES VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this /~ 71day of ~u~o , 2005. ~~-~Y«r~ ' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005-89