Resolution-PC 2011-021RESOLUTION NO. PC2011 -021
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05547 AND
VARIANCE NO. 2011 -04848
(DEV2011- 00007)
(4411 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a conditional use peanut and variance to permit a batting cage and sports fitness
facility within an existing industrial building with less parking than required by Code, on certain
real property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A ", attached hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a 37,000 square foot industrial
building located in the SP 94 -1, D.A. 2 (Northeast Area Specific Plan, Expanded Industrial
Area) zone and the Anaheim General Plan designates the property for Industrial land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 28, 2011, at 5:00 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 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 a conditional use permit, does find and
determine the following facts:
1. That the proposed sports facility is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Dance and
Fitness Studio, Recreation - Commercial Indoor).
2. The operation of a sports facility for physical fitness, including indoor batting
cages, will not adversely affect the adjoining land uses or the growth and development of the
area in which it is proposed to be located because the use is entirely within an existing building
with no outside activities and it is compatible with existing industrial uses surrounding the
property.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because this use will be located within an existing building of an established industrial area.
4. The traffic generated by the a sports facility for physical fitness will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area.
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5. The granting of the conditional use peiiuit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and
activities would occur entirely within the building space.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in conjunction with an sports
facility should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(113 spaces required; 99 spaces proposed).
1. The variance, under the conditions imposed will not cause fewer off- street
parking spaces to be provided for the sports and fitness facility than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions because the business has peak hours that do not conflict with the adjacent
industrial businesses, and the maximum parking demand is expected to be 50 spaces based upon
the traffic that was generated at the former facility at 5468 East La Palma Avenue.
2. The variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because the on -site parking for the sports and fitness facility will adequately
accommodated the peak parking demands of the business.
3. The variance will not increase traffic congestion within the off - street parking
areas provided for vocational training facility since all parking is contained on -site and will not
encroach into other parking facilities and the supply of parking is adequate for the sports and
fitness facility. Further, the project does not propose new ingress or egress points and is
designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the sports
facility.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, 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 City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05547 and Variance No.
2011- 04848, subject to the conditions of approval 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 the subject property 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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
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any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED 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 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. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
ATTEST:
/V
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
coDL at the banning Commission
THE FOREGOING RESOLUTIO
meeting of March 28, 2011.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF,I have hereunto set my hand this 28 day of March, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLA G COMMISSION
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AID N9 :
-- 346- 351 -08
346- 351 -09
0 50 100
Feet
TEXll1UI
16
17 "A"
A P 4
DIE V2011-00007
E MIRALOMA AVE
214:86
CO CO
1 Sri
of d
CO CO
214.74'
E LA PALMA AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
11081
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EXHIBIT
CONDITIONAL USE PERMIT NO. 2011-05547
VA ►': IANCE NO. 2011-04848
(DEV2011 00007)
11
99
NO. CONDITIONS SF APPROVAL
REVIEW
BY
GENERAL CONDITIONS
1 The rear doors of the premises shall be equipped on the
inside with an automatic locking device and shall be closed at
all times, and shall not be used as a means of access by
patrons to and from the licensed premises. Temporary use of
these doors for delivery of supplies does not constitute a
violation.
2 Complete a Burglary /Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department prior
to initial alarm activation. This form is available at the
Police Department front counter, or it can be downloaded
from the following web site:
httn://www.anaheim.net/article.asOid=678
3 Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
4 The location of a trash enclosure shall be provided in a
location acceptable to the Public Works Department, Streets
and Sanitation Division, and in accordance with approved
plans on file with said Department.
5 Any tree and /or landscaping planted on -site shall be replaced
in a timely manner in the event that it is removed, damaged,
diseased and /or dead.
6 Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds contiguous
to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on -site.
Said lighting shall be decorative and complementary to the
architecture of the building. Said information shall be
Police
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specifically shown on plans submitted for Police Department,
Community Services Division approval.
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
8 The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or
marked upon the premises or on any adjacent area under the
control of the licensee shall be removed or painted over
within two business days of being applied.
9 The 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 (Site Plan)
and 2 (Floor Plan), and as conditioned herein.
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PC2011 -021