Resolution-PC 2023-027RESOLUTION NO. PC2023-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A RECREATION -COMMERCIAL INDOOR FACILITY AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2023-00038)
(203-205 AND 295 WEST CENTER STREET PROMENADE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit to permit a
Recreation -Commercial Indoor facility known as the Lost Temple Escape, (the "Proposed
Project") for premises located at 203-205 and 295 West Center Street Promenade 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 1.09 acres in size and is currently developed
with a six -level parking structure with ground floor retail space. The Property is designated for
]Mixed -Use Urban Core land uses in the General Plan. The property is in the "C-G" General
Commercial zone and is subject to the zoning and development standards contained in Chapter
18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, Recreation -Commercial Indoor uses require a conditional use permit
subject to the approval by the Planning Commission pursuant to Subsection .040 of Section
18.08.030 (Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 6, 2023 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 the Proposed Project, 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 Implementation of the California Environmental
Quality Act (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 exempt from the requirements to prepare additional environmental documentation under
CEQA as set forth in Sections 15301 and 15300.2 of the CEQA Guidelines as a Class 1— Existing
Facilities Categorical Exemption. 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 would be within
an existing retail tenant space and is part of the larger downtown mixed -use developed area.
Pursuant to Section 15300.2 (c) and Section 15301 of Title 14 of the California Code of
Regulations, 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. 2023-00038, does find
and determine the following:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the General Commercial Zone under Table 8-A of Section
18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed because
the proposed use would be an added amenity and compatible with the mix of office, retail,
restaurant, residential, and entertainment uses in the area. The escape room activities would occur
entirely within the subject retail tenant spaces and adequate parking for the use would be provided
as described in the parking analysis below. The operating hours are consistent with other uses
within the downtown area, including retail and restaurant evening hours.
3. The size and shape of the site for the use is adequate to allow the full
development of the Proposed Project in a manner not detrimental to the particular area or to the
health and safety because the facility is designed for commercial and retail uses within a mixed -
use district.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because it is
located in an existing commercial building which meets Code requirements.
5. The granting of the conditional use permit under the conditions imposed would
not impact the operations of other nearby uses or be detrimental to the health and safety of the
citizens of the City of Anaheim as the Proposed Project will be integrated with the surrounding
mix of uses within the area and conditions of approval have been included in the resolution
restricting the operation to those activities outlined in the Letter of Request and Operations, and
as required to ensure that the Proposed Project will not be detrimental to the site or its surroundings.
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 negate 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.
- 2 - PC2023-027
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the 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 for which the conditional use permit is applicable 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 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building 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 set forth herein above. 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 6, 2023. 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 may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNN COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
)
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-027
EXHIBIT "A"
DEV NO. 2023-00038
APN:036-195-01
036-195-02
`Ov
s
Ole
F�
Fy
s�
W LtiNMpN W p", 2�
Z
W G£K�ER
51PE���,1E
;A
B ,0 pV
° no 80 Source: Recorded Tract Maps and/or City GIS.
F�1 FeetPlease note the accuracy is +/- two to five feet.
PC2023-027
EXHIBIT "B"
DEVELOPMENT PERMIT NO.2023-00038
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
Division
2
The operator of the business shall not permit, and shall take all steps
Planning and Building
necessary, to prevent its patrons from consuming alcoholic beverages
Department,
on the premises.
Planning Services
Division
3
The entertainment use shall take place indoors. There shall be no
planning and Building
outdoor storage of game props or materials.
Department,
Planning Services
Division
4
The business shall be operated in accordance with the Letter of Request
Planning and Building
submitted as part of this application. Any changes to the business
Department,
operation as described in that document shall be subject to review and
approval by the Planning and Building Director to determine
Planning Services
substantial conformance with the Letter of Request and to ensure
Division
compatibility with the surrounding uses.
5
The applicant will obtain all required building permits, inspections, and
planning and Building
approvals prior to any occupancy. This includes but is not limited to
Department,
any changes to the floor plan, construction of any walls, installation of
any locks or locked doors that would impede egress at any time,
Planning Services
installation or removal of any electrical items, and other alterations to
Division
the site. The applicant will allow the Building Division to perform
Building Division
periodic, on -the -spot inspections throughout the use to ensure that no
unpermitted alterations have been performed.
-
GENERAL
CONDITIONS OFAPPROVAL
6
The Applicant shall defend, indemnify, and hold harmless the City and
planning and Building
its officials, officers, employees, and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
actions, or proceedings brought against Indemnitees to attack, review,
Planning Services
set aside, void, or annul the decision of the Indemnitees concerning this
Division
permit or any of the proceedings, acts or determinations taken, done, or
PC2023-027
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
7
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
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
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
S
The subject Property shall be developed and used substantially in
planning and Building
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the applicant and which plans are on file with the Planning
and Building Department, and as conditioned herein.
Planning Services
Division
PC2023-027
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 6, 2023, by the following vote of the
members thereof.
AYES: Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro,
Lieberman, Perez, and Walker.
NOES:
ABSENT: Commissioner Tran-Martin
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of November 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-027