Resolution-PC 2008-26
RESOLUTION NO. PC2008-26
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2008-05300
BE GRANTED (1601 S. SUNKIST STREET, SUITE A)
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:
PARCELS 1 THROUGH 8 INCLUSNE, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 38 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID LAND, AS
RESERVED IN THE DEED RECORDED OCTOBER `I, 1954 IN BOOK 2831, PAGE 293 OF
OFFICIAL RECORDS, WITH ALL OIL, GAS AND/OR OTHER MINERALS IN AND
UNDER THE LAND ABOVE A DEPTH OF 500 FEET MEASURED VERTICALLY FROM
THE SURFACE OF SAID LAND INCLUDING THE RIGHT OF SURFACE ENTRY HAVING
BEEN QUITCLAIMED BY INSTRUMENT RECORDED JANUARY 9, 1970 IN BOOK 9187,
PAGE 525 OF OFFICIAL RECORDS.
PARCEL B:
PARCELS I THROUGH 22 INCLUSNE, OF PARCEL MAP NO. 80-272, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 162, PAGES 27 THROUGH 31, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID PARCELS 4, S
AND 6 ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER SAID LAND,
WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE
SURFACE OR THE UPPER 500 FEET THEREOF, AS EXCEPTED IN THE DEED
RECORDED FEBRUARY 29, 1972 IN BOOK 10018, PAGE 953 OF OFFICIAL
RECORDS.
PARCEL C:
AN UNDIVIDED 17/64TH INTEREST IN AND TO THAT PORTION OF THE EAST 12.16
ACRES OF LOT 5 AND OF LOT 4 OF THE TRAVIS TRACT, IN THE CITY OF, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK S, PAGE
121) OF MISCELLANEOUS RECORDS OF LO5 ANGELES COUNTY, CALIFORNIA,
SHOWN AS `NOT A PART' ON PARCEL MAP NO. 80-272 RECORDED IN BOOK 162,
PAGES 27 THROUGH 31, INCLUSNE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, GAS AND/OR MINERALS
IN AND UNDER SAID LAND, AS RESERVED IN THE DEED RECORDED OCTOBER 1,
1954 IN BOOK 2831, PAGE 293 OF OFFICIAL RECORDS, WITH ALL OIL, GAS AND/OR
OTHER MINERALS IN AND UNDER THE LAND ABOVE A DEPTH OF 500 FEET
MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND INCLUDING THE
RIGHT OF SURFACE ENTRY HAVING BEEN QUITCLALED BY INSTRUMENT
RECORDED JANUARY 9, 1970 IN BOOK 9187, PAGE 525 OF OFFICIAL RECORDS.
PARCEL D:
PARCELS 1 THROUGH 11 INCLUSNE, OF PARCEL MAP NO. 83-244, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
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IN BOOK 186, PAGES 16 AND 17 OF~PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. EXCEPT FROM SAID PARCELS I THROUGH 7 AN
UNDIVIDED ONE-HALF INTEREST IN ALL OIL AND MINERAL RIGHTS BELOW A
DEPTH OF FNE HUNDRED FEET FROM THE SURFACE OF SAID PROPERTY,
WITHOUT THE RIGHT OF SURFACE ENTRY TO SAID PROPERTY, AS EXCEPTED AND
RESERVED IN THE DEED RECORDED NLY 31, 1959 IN BOOK 4822, PAGE 288 OF
OFFICIAL RECORDS.
WHEREAS, Conditional Use Permit No. 2008-05300 is proposed to permit
an indoor recreational facility with seven flight simulator stations within an existing
industrial/office building; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 20, 2008, 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 recreational facility is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030 (Indoor
Commercial Recreation).
2. That due to the size, hours of operation and nature of the proposed facility, the
existing parking provided for the office uses is adequate to accommodate the proposed use. In
addition, since the peak hour parking demand for the business is during off peak hours of the
adjacent office uses, the requested use 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.
3. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the operation would be
contained within the building; and
4. That the traffic generated by the use 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
5. 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
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6. 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 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 defined 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 Permit, 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:
Responsible for
COA Conditions of Approval Monitoring
:GENERAL
That no required parking areas shall be fenced or otherwise enclosed for Code
COA 1 outdoor storage uses. Enforcement
That the business shall operate within the 3,600 square feet tenant space and Planning
COA 2 with maximum seven (7) flight simulation stations during the hours of
12:00 p.m. to 11:00 p.m. Sunday through Saturday.
That the property shall be permanently maintained in an orderly fashion
COA 3 through the provision of regular landscaping maintenance, removal of trash Code
or debris, and removal of graffiti within twenty-four (24) hours from the Enforcement
time of discovery.
That subject property shall be developed substantially in accordance with
COA 4 plans and specifications submitted to the City of Anaheim by the project
applicant and which plans are on file with the Planning Department marked Planning
Exhibit Nos. 1 and 2 of Conditional Use Permit No. 2008-05300, and as
conditioned herein.
That the rear entrance door shall be numbered with the same address
COA 5 numbers or suite number of the business. Minimum height of 4 inches
recommended. Police
That the roof top address numbers shall be provided for the police
COA 6 helicopter. Numbers should face the street with a minimum size of 4 feet in
height and two feet in width with a minimum 6 inches thickness 12 to 18 Police
inches apart painted with contrasting colors to the roofing material.
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COA
Conditions of Approval Responsible for
Monitoring
That approval of this application constitutes approval of the proposed
COA 7 request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Planning
Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation
or requirement.
That extensions for further time to complete conditions of approval maybe planning
COA 8 granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim 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 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 permits 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 February 20, 2008. 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.
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CHAIItMAI~, ANAHEIM ANNING COMMISSION
ATTEST:
~,
SENIOR S'`~CRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY pF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 February 20, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, K.ARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 3~a day of
March, 2008.
SECRETARY, ANAHEIM PLANNING COMMISSION
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