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Resolution-PC 2009-065RESOLUTION NO. PC2009-065 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMI'~ NO. 1215 (TRACKING NO. CUP 2009-05423) (3200 EAST CARPENTER STREET) WHEREAS, ou February 16, 1971, the Ana}~eim City Conncil adopted Resolution No. 71R-65 to approve Conditional Use Pemut No. 1215 and pernvt a miniature golf course aC 3200 East Carpenter Avenue; and that said resoluCion was subsequendy amended in connection with Resolution Nos. 91R-17 and PC93-77 Co approve revised plans, to increase the square footage Qf che club house and to ame~d the conditions of approval; and WHEREAS, the property is developed with a miniature golf course and an arcade/amusement center (Camelot Goltland) located in Development Area 3(La Palma Core Area) of the NorCheast Area Specific Plao (SP 94-1), Che property is also located in the Merged Redevelopment Area and the Anaheim General Plan designates this property for Office-Low land uses; and WHEI2EAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 1215 (Tracking No. CUP2009-05423) to permit a day care facility in conjunction with the entertainment and miniature golf facility; and WHEREAS, the Planning Commission did hold a public hearing aC the Civic Center in the City of Anaheim on June 22, 2009, 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 amendment to the conditional use permit and to investigaYe and make findings and recommendations in connectioo therewith; and WHEREAS, said Commission, after due inspection, investigaCion and study made by itself and in its behalf, and after due cansideration of all evidence and reports offered at said hearing, does find a~d determine f1~e following faots: 1. ThaC Che proposed amendme~t to Conditional Use PermiC No. 1215 to add a day care facility to [he exisCing entertainmeot facility is authorized by Anaheim M~nicipal Code Section 18.60.190.030 (Major Amendments). 2. That the permit, as proposed for amendment, would not adversely affect the adjoining industrial land uses and the growYh and development of the area in whieh it is proposed to be locaCed because the property is cunently improved with an entertainment facility and the building where the day care is propased also exists. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrime~Yal ko the particnlar area nor to the health, safety and ge~eral - 1 - FC2009-065 welfare of the public because khe property is canently improved with an enCertainmeot facility wiCh no expansion of the existing clubhouse building proposed. The proposed ootdoor play area would have limiCed visibility from pubHc view and Che fence would match existing fences on Che property. 4. ?'hat the ttaffic generated by the permiY, as proposed for amendment, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area since the parking required by the day care facility is less than that of the restaurant seating area that it would replace. 5. That granting this amendment to the conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 1215 (Tracking No. CUP2009-05423) and does hereby find that a Class i(Exis6ng Facilities) Categorica] Exemption is adequate to serve as the required environmental documentation in connection with this request. BE IT F[JRTHER RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with City Council Resolution Nos. 71R-65 and 91R-17 and Planning Commission Resol~flon Nos. PC93-77 and PC99-48, as adopCed in conoection with Conditiooal Use PernvC No. 1215> as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of tl~e subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Timing for compliance with couditions of approval may be amended by Che Planning Director upon a saowing of good cause provided (i) eqaivalent timing is established that satisfies the original inCeot and parpose of the condition(s), (ii) Che modification complies with the Anal~eim Municipal Code and (iii) the applicanC has demonstrated sSgni£icant progress toward esCablisbment of the use or approved development. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, Chat this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. Bfi IT FURTHER RESOLVED that the Anaheim Ciry Planniog Commission does hereby find and determine that adoption of this Resolution is expressly predicaCed upon applicanC'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 hezein contai~ed, shall be deemed nuIl aod void. - 2 - PC2009-065 BE IT FURTI-IER RESOLVED that approval of this application constitutes approvat of the proposed request only to the e~ctent 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 ordinence, regulation or requirement. 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 chazges shap result in delays in the issuance of required permits or the revocation of the approval ofthis applioation. . THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 22, 2009. Said resoluHon is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipat Code pertaining to appeal procedures and may be replaced by a City Gouncil Resolution in the event of an appeal. CHAIRMAN, IM CiTY LANNING COMMISSION A 9°f`DCT.. Y, ANAHEIM CITY PLANI~ING COMMISSION STATE OF CALIFORNIA ) COiJNTY OF ORANGE } ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolurion was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 22, 2009, by the following vote of the memhers thereof: AYES: COMMISSIONERS: AGARWAL, BLJFFA, EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WhFEI~EOF, I have hereunto set my hand thisZZ~ay of June, 2009. ARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-065 E<l'HIBIT "A" CONDTTIONAL USE PERT'IIT NO. 1215 -4- PC2009-065 EXHIBIT "B" CONDITIONAL USE PERIVIIT N0.12~5 (TRACKING NO. CUP2009-05423) Responsible for No. Conditions of Approval Monitoring DAY CARE, PRIOR TO COMMENCEMENT OF OPER 4TIONS AND ONGOING 1 The easterly parking lot shall be designated as parking and Planning loading for the day care use during the hours that the day . care center is in operation. 2 Tke ma~cimum pemvtted enrollment shall be eighty-five Planzting (85)• 3 The outdoor play area shall be fenced with a wrought iron Planning fence that matches the existing fences along the front of the bailding. 4 Temporary shade struckures are not permitted within the Planning outdoor play azea. Any shade structures must be permanent Building structures and appropriate permits must be obtained from the I Building Division. , 5 Plans sball be submitted to the Building Division that satisfy Building the requirements of the Building Code for the appropriate occupancy of the proposed day care facility, GENERAL -WI THIN SIXTY'(60} DAYS FROM THE DATE OF THIS RESOLUTION 6 All groperty ~sed for off-siCe parking shall be under Planning agreement approved as to form by the City Attorney. The City Attorney agreement shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible and available aC all times for parking in conjunction with the use for which the parking spaces are required. - 5 - PC2009-065 GENERAL '- ONGOING DURING OPERATIQIV 7 Trash enclosures shall be provided and maintained in Public Works - accordance with approved plans on file with the Public Works Streets and Department, Streets and SaniCatian Divisioa Sanitation 8 Any lighUng from tl~e snbject property shall be oriented in Plauning sach a way as noC to interfere with traffic on the Rivers9de Caltrans Freeway. Any changes to lighting visible to tk~e Riverside Freeway shall be subject to the approval of Caltrans. 9 At least two uniformed secarity guards shall be present in th'e ' Police parking lot on Friday and Saturday nights in order to prevent parking lot loitering. 10 That subject property shall be developed substantially in Planning accordance wiYh plans and specifications submitted Yo the City of Anaheim by the petitioner and which plans are on file witt~ the Planning Department marked Revision No. 5 of Exhibit Nos. 1 through 3 and Exhibit Nos. 4 through 6 (ExhibiTS 4 thro~gh 6 are the Site Plan, First Floor and Second Floor pertaining to the day care facility). - 6 - PC2009-065