Resolution-PC 2012-012RESOLUTION NO. PC2012 -012
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05588
(DEV 2011- 00140)
(3361 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified petition for a conditional use permit to permit a
private physical fitness facility in conjunction with an existing recording studio, for that certain
real property located at 3361 East Miraloma Avenue in the City of Anaheim, County of Orange,
State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, the 0.83 -acre property is currently developed with a 43,572 square
foot industrial building and is located in the SP94 -1; Development Area 1 (Industrial Area) zone;
the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the Planning Commission did schedule a public hearing at the
Civic Center in the City of Anaheim on February 27, 2012, 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
the proposed amendment to said conditional use permit and to investigate and make findings
and recommendations in connection therewith, and the item was continued to the March 12,
2012 meeting due to a lack of quorum at the February 27 meeting; 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 a conditional use permit, does find and
determine the following facts:
1. The request to permit a private physical fitness facility in conjunction with an
existing recording studio is properly one for which a conditional use permit is authorized under
Code Section No. 18.08.030.010 (Recreation - Commercial Indoor) of the Anaheim Municipal
Code.
2. The proposed facility 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 it will be
integrated into an existing tenant space and no outdoor activity is proposed.
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 of the citizens of Anaheim because there will be an adequate number of parking
spaces available to support the existing and proposed uses on the property.
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4. The traffic generated by the proposed use 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 volume of traffic planned for the streets and highways
in the area.
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 and will provide a
land use that is compatible with the surrounding area because the proposed use will be similar to
other uses in the area and activities would occur entirely within the building space.
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.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve Conditional Use Permit No. 2011 -05588 (DEV2011-
00140) to permit a private physical fitness facility in conjunction with an existing recording
studio.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby grant Conditional Use Permit No. 2011- 05588, subject to the conditions of approval
described 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 subject property in order
to preserve the 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.
PC2012 -012
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.
THE FOREGOING RESOLUTION was ad
meeting of March 12, 2012.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SENIOSECRETARY, ANAHEIM CITY PLANNING COMMISSION
d at the Planning Commission
AIL)
CHAIRMAN, ANAHEIM (fTY PL G 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 12, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of March, 2012.
SENIOR SEC kETARY, ANAHEIM CITY PLA NG COMMISSION
3 PC2012 -012
EXHIBIT "A"
DEN' NO. 2011 -00140
APN: 345 - 072 -17
Source Recorded Tract Maps andror City GIS
Please note the accuracy is tl- two to five feet
4
PC2012 -012
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
I
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Code
Enforcement
CI
The proposed wrestling training facility shall not operate
during those hours when the primary use of the site (currently
a recording studio) is in operation, unless alternate parking
arrangements are reviewed and approved by the City.
Planning
3
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 -4, and as
conditioned herein.
Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05588
(DEV2011- 00140)
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