Resolution-PC 2012-037RESOLUTION NO. PC2012 -037
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. 2012-05599
(DEV2012- 00030)
(4364 -4366 AND 4372 -4374 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit
No. 2012 -05599 to permit a fencing studio within an existing industrial complex 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 4.17 -acre property is developed with an industrial complex. The
property is located in the SP94 -1 Northeast Industrial Specific Plan Area 2 Expanded Industrial
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 June 4, 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 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 fencing studio should be approved
for the following reasons:
1. The proposed conditional use permit request to permit a fencing studio within an
existing industrial building is properly one for which a conditional use permit is authorized under
Code Section Nos. 18.120.070.050.0519 (Fitness Center) of the Anaheim Municipal Code.
2. The proposed the conditional use permit to permit a fencing studio within an
existing industrial building, 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 and integrated with similar buildings and industrial uses; and, the
fencing studio would be located within an existing industrial building with no adverse affects to
adjoining land uses.
1 - PC2012 -037
3. The size and shape of the site for the use is adequate to allow the full development
of the fencing 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 industrial building.
4. The traffic generated by the fencing 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 industrial area and would not pose a
health or safety risk to the citizens of the City of Anaheim.
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2012 -05599 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.
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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 adopted at the Planning Commission
meeting of June 4, 2012.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN PRO - TEMPORE, ANAHII PLANNING COMMISSION
SECRETARY, ANAHEIM PLANNING COMMISSION
I, Eleanor Morris, 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 June 4, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 4 day of June, 2012.
//-ti■
SECRETARY, ANAHEIM PLANNING COMMISSION
3 PC2012 -037
EXHIBIT "A"
DEV NO. 2012 -00030
E LA PALMA AVE
50 ioo
t===me Source: Recorded Tract Maps and /or City GIS.
i.:.,t Please note the accuracy is +/- two to five feet.
4
PC2012 -037
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
l
The hours of operation for the fencing 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.
Planning
Department,
Planning
Services
Division
CN1
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Planning
Department,
Code
Enforcement
Division
3
All business and activity shall be conducted entirely within
the building.
Planning
Department,
Code
Enforcement
Division
4
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.
Planning
Department,
Code
Enforcement
Division
5
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. The
use of the fencing studio at 4364 -4366 E. La Palma Avenue
shall cease to be permitted once business commences at
4372 -4374 E. La Palma Avenue, or on September 1, 2012,
whichever occurs first. At no point shall the business operate
in both locations simultaneously.
Planning
Department.
Planning
Services
Division
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05599
(DEV2012- 00030)
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PC2012 -037