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Resolution-PC 2022-076 - 1 - PC2022-076 RESOLUTION NO. PC2022-076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PERMIT NO. 2022- 00017 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00017) (2951 WEST BALL ROAD, SUITES 200 AND 210) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Development Application No. 2022- 00017 to permit a commercial indoor recreation facility known as the Terminus Escape Room, (herein referred to as the "Proposed Project") for premises located at 2951 West Ball Road, Suites 200 and 210 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 2.29 acres in size and is currently developed with one multi-tenant commercial building. The Land Use Element of the Anaheim General Plan designates the Property for Neighborhood Center Commercial (C-NC) land uses. The Property is located in the Neighborhood Commercial (N-C) Development Area of the Beach Boulevard Specific Plan “SP 2017-01”. The development standards and regulations of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project consistent with the General Plan designation for the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2022 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 Development Application No. 2022-00017, 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed project is within an existing multi-tenant commercial building and is part of a larger commercial complex. Pursuant to - 2 - PC2022-076 Section 15300.2 (c) and Section 15301 of Title 14 of the California Code of Regulations, and as further described in this staff report, there are no unusual circumstances in respect to the project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA; and 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 for Development Application No. 2022-00017, does find and determine the following: 1. The proposed request to permit a commercial indoor recreation facility within an existing commercial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18.122.050 of the Code. 2. The proposed conditional use permit to permit a commercial indoor recreation facility, 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 building is surrounded by compatible buildings and uses; and, the commercial indoor recreation facility would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the commercial indoor recreation facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing commercial building that is surrounded by other commercial uses. 4. The traffic generated by the commercial indoor recreation facility 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 will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 land use 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 Development Permit No. 2022-00017, contingent upon and subject to the - 3 - PC2022-076 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 Development Permit No. 2022-00017 in order to preserve the health, safety 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. - 6 - PC2022-076 - 6 - PC2022-076 EXHIBIT “B” DEVELOPMENT PERMIT NO. 2022-00017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 2 The operator of the business shall not permit, and shall take all steps necessary, to prevent its patrons from consuming alcoholic beverages on the premises. Planning and Building Department, Planning Services Division 3 The entertainment use shall take place indoors. There shall be no outdoor storage of game props or materials. Planning and Building Department, Planning Services Division 4 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 5 Escape room game session shall have a cumulative maximum of 20 participants at any time (2 rooms at maximum with 10 participants each). Planning and Building Department, Planning Services Division 6 The applicant will obtain all required Building Permits, inspections, and approvals prior to any occupancy. This includes but is not limited to any changes to the floor plan, construction of any walls, installation of any locks or locked doors that would impede egress at any time, installation or removal of any electrical items, and other alterations to the site. The applicant will allow the Building Division to perform periodic, on-the-spot inspections throughout the use to ensure that no unpermitted alterations have been performed. Planning and Building Department, Planning Services Division Building Division - 7 - PC2022-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 7 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. Planning and Building Department, Planning Services Division 8 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 proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but 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. Planning and Building Department, Planning Services Division 9 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 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 may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 10 The 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, and as conditioned herein. Planning and Building Department, Planning Services Division