Resolution-PC 2011-049RESOLUTION NO. PC2011 -049
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05564 &
VARIANCE NO. 2011 -04857
(DEV2011- 00061)
(1012 NORTH TUSTIN AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2011 -05564 and Variance No. 2011 -04857 to permit a dance studio
within an existing commercial complex with few parking for certain real property in the City of
Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and
incorporated herein by this reference; and
WHEREAS, this 5.85 -acre property is developed with a business complex
consisting of a variety of wholesale and retail businesses. The property is located in the SP94 -1
Northeast Industrial Specific Plan, Development Area 5, Commercial 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 July 6, 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 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 to permit a dance studio should be approved
for the following reasons:
1. The proposed conditional use permit request to permit a dance studio within an
existing business complex is properly one for which a conditional use permit is authorized under
Code Section Nos. 18.120.100.050.0513 (Health spas and physical fitness centers larger than
four thousand (4,000) square feet in gross floor area) of the Anaheim Municipal Code.
2. The proposed conditional use permit to permit a dance studio within an existing
business complex, 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 dance studio would be located
within an existing building with no adverse affects to adjoining land uses.
1 - PC2011 -049
3. The size and shape of the site for the use is adequate to allow the full development
of the dance studio in a manner not detrimental to the particular area or to the health and safety
because the facility would be located within an existing business complex.
4. The traffic generated by the dance studio 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 there is adequate parking on -site 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 and industrial area and
would not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance for less parking than required by Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of narking spaces.
(496 spaces required; 305 spaces proposed).
1. That the variance, under the conditions imposed will not cause fewer off -
street parking spaces to be provided for the business complex than the number of such spaces
necessary to accommodate all vehicles attributable to this use under the nog nal and reasonably
foreseeable conditions of operation of the dance studio because the on -site parking for the dance
studio will adequately accommodate peak parking demands of all uses on the site. This dance
studio generates a peak parking demand of 15 parking spaces which is less than the minimum
retail parking requirement for this size unit;
2. That 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 dance studio and other uses within the
business complex will adequately accommodate the peak parking demands of the dance studio;
3. The variance will not increase traffic congestion within the off - street parking
areas provided for the dance studio since all parking is contained on -site and will not encroach
into other parking facilities and the supply of parking is adequate for the dance studio. 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 dance studio.
WHEREAS, 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.
- 2 - PC2011 -049
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05564 and Variance No.
2011 - 04857 and 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.
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 (s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the 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) and 18.60.200 (City- Initiated Revocation or Modification of Permits) 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
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 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 the revocation of the
approval of this application.
3 PC2011 -049
THE FOREGOING RESOLUTION was ado t the Planning Commission
meeting of duly 6, 2011.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
,) &
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 July 6, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 6 day of July, 2011.
SENIOR SECRETXHkY, ANAHEIM CITY PLANNING COMMISSION
- 4 PC2011 -049
APN:
_ - 346 - 132 -10
- 346- 132 -11
346 - 132 -12
i
M I ACII-I a r,-1 EH DI3
f
EXHIBIT "A"
DEV2011 -00061
- 5 -
340'
CD
Source: Recorded Tract Maps andfor City GIS.
Please note the accuracy is +1- two to five feet.
11126
PC201 1-049
NO. CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1 This facility shall only be used as a dance studio / ballet
company.
2 The hours of operation for the dance studio shall be
consistent with the letter of operation on file with the City of
Anaheim Planning Department. Any change in the hours of
operation shall be subject to review and approval by Planning
staff to determine substantial conformance with the letter of
operation and compatibility with the surrounding uses.
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
3
4
5
6
7
8
EXHIBIT "S"
CONDITIONAL USE PERMIT NO. 2011-05564
(DEV2011- 00061)
No outdoor activities involving gathering of persons shall be
permitted on -site.
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.
Business to be equipped with alarm system (silent or
audible).
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.asn ?id =678
Rear entrance doors shall be numbered with the same address
numbers or suite number of the business. Minimum height
of 4" recommended.
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 No. 1 (Site Plan),
Exhibit No. 2 (Floor Plan), and as conditioned herein.
REVIEW
BY
Planning
Code
Enforcement
Code
Enforcement
Code
Enforcement
Code
Enforcement
Police
Police
Police
Planning
SIGNED
OFF BY
6 PC2011 -049