Resolution-PC 2007-108• •
RESOLUTION NO. PC2007-108
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05246 BE GRANTED
(1000 NORTH EDWARD COURT)
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:
PARCEL A:
PARCEL 8 OF PARCEL MAP NO. 99-126, AS SHOWN ON A MAP FILED IN
BOOK 311, PAGES 22 TO 25 INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORIVIA.
PARCEL B:
AN APPURTENANT, NON-EXCLUSIVE AND PERPETUAL EASEMENT
FOR INGRESS AND EGRESS PURPOSES OVER PARCEL A OF PARCEL
MAP NO. 99-126, AS SHOWN ON A MAP FILED IN BOOK 311, PAGES 22
TO 25 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, AS AID EASEMENT IS
SET FORTH IN THAT CERTAIN DECLARATION OF COVENANTS AND
GRANT OF EASEMENTS FOR BEDROSIAN BUSINESS CENTER
RECORDED DECEMBER 30, 1999 AS INSTRUMENT NO. 19990881890 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 17, 2007, at 2:30 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, 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 following facts:
1. That the proposed indoor go-kart facility is properly one for which a conditional
use pernut is authorized by Anaheim Municipal Code Section 18.120.050.0531 (Private recreational
facilities, indoor or outdoor); and
2. That the proposed indoor go-kart facility would not adversely affect the adjoining
land uses and the growth and development of the area in which it is located; and
Cr~PC2007-108 -1- PC2007-108
• .
3. That the traffic generated by the facility would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because adequate
parking is provided on-site; and
4. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
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.
CALIFORIVIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section
15301, Class 1(Existing Facilities), as de~ned in the State CEQA Guidelines and is, therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby grant subject Petition for Conditional Use Pernut, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a building permit or within a neriod of one (1) vear from the date of this
resolution. whichever occurs ~irst. the following conditions shall be comalied with:
1. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting
color to the rooftop material and shall not be visible from ground level. Said information shall
be specifically shown on plans submitted for building permits.
2. That landscape plans shall be submitted, showing a minimum of eight (8) new 24-inch box
broadheaded, evergreen trees to be planted along the southerly property boundary.
Prior to final building and zoning insnections the followin~ conditions shall be comnlied with:
.
3. That new landscaping described in condition no. 2 shall be installed.
4. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the
Police Department. The form is available at the Police Department front counter.
5. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
General Conditions:
6. That the facility shall not be operated as an amusement device arcade and the maximum
number of arcade games shall be limited to four (4).
7. That no alcoholic beverage shall be sold or consumed on-site.
-2- PC2007-108
~ •
8. 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 graffiti within
twenty-four (24) hours from the time of discovery.
9. That 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
satis~es the original intent and purpose of the condition(s), (ii) the modification complies with
the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
10. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
11. 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 FLTRTHER RESOLVED that the Anaheim Planning Commission does hereby
find and deternune 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 FURTI~R RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building pernuts for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation
of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 17, 2007. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
; ~
;
~ ~
/: ~ ' ~
-~~C --~ / 'r • ,~ :~: a~. ..
CHAIR AN, ANAHEIM PLANi~ G CONIlVIISSION
~
A , .
l~i~' ~~~t~~ v~-- t~
SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-108
~ •
STATE OF CALIFOItNIA )
COUNTY OF ORANGE ) ss.
CTTY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 17, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: CONIlVIISSIONERS:
IN WITNESS WHE
~ ~~l1'/' , 2007.
AGARWAL, BLTFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQLTEZ
NONE
NONE
IZEOF, I have hereunto set my hand this ~~ day of
R SECRETARY, ANAHEIM PLANNING CONIMISSION
-4- PC2007-108