Resolution-PC 2012-039RESOLUTION NO. PC2012 -039
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012 -05604
(DEV2012- 00044)
(425 NORTH SHEPARD STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05604, pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit an indoor
cheerleading training facility within an existing warehouse building for certain real property
located at 425 North Shepard Street in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A (the "Property "); and
WHEREAS, the Property is currently developed with a 8,525 square foot industrial
building; the zoning is SP94 -1 D.A. 3 (La Palma Core Area); and the Anaheim General Plan
designates the Property for Office Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 18, 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 Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2012 - 05604, and to investigate and make findings and recommendations in
connection therewith; 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 pertaining to the request for Conditional Use Permit No. 2012- 05604, does find and
determine the following facts:
1. The request to allow the proposed indoor cheerleading training facility use is
properly one for which a conditional use permit is authorized under Section 18.120.080.050.0520
(Private Recreational Facilities) of the Anaheim Municipal Code.
2. The request to allow the proposed indoor cheerleading training facility would not
adversely affect the surrounding land uses and the growth and development of the area because
the use would be compatible with the surrounding industrial and recreational uses.
3. The size and shape of the Property is adequate to allow the full operation of the
existing and proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare of the public because sufficient parking will be provided to
accommodate the indoor cheerleading training facility and all other industrial uses within the
integrated 8 -lot industrial complex.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site is consistent with typical industrial and recreational
businesses that would be permitted as a matter of right within the SP94 -1, D.A 3 zone.
- 1 - PC2012 -039
5. Granting Conditional Use Permit No. 2012 -05604 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.
NOW, THEREFORE, BE IT RESOLVED that the proposed project represented by the
adoption of Conditional Use Permit No. 2012 -05604 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit No. 2012 - 05604, including, specifically, 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 in order to preserve the
health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further
time to complete the conditions of approval set forth in Exhibit B hereto may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05604 is
approved without limitations on 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 approval of Conditional Use Permit No. 2012 -05604
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 18, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of th naheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
CMN_\I:Lk /_ \►l
COMMISSION
-2- PC2012 -039
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 June 18, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 18 day of June, 2012.
SENIOR
Y, ANAHEIM CITY PLANNING COMMISSION
-3-
PC2012 -039
Fsfflflu:
DEV NO. 2012 -00044
APN: 345 - 111 -14
s
i
q
7�
O
a
E CPaPENtE� pVE
13
� N
o_
13
E l g 11 � R �� w PY
R`v �RS ID EE0.GNtEaP
10° Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy Is +l - two to five feet.
-4- PC2012 -039
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05604
(DEV2012- 00044)
-5- PC2012 -039
SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF By
GENERAL
1
No required parking area shall be fenced or otherwise enclosed for outdoor
Planning
storage.
2
Within ninety (90) days of the date of this resolution, a building permit shall
Building
be obtained from the Building Division to permit a change in occupancy per
California Building Code, Chapter 34 requirements. Plans shall be prepared
by a California Licensed Architect.
3
There shall be no competition or spectator events permitted at this facility.
Planning
4
The property shall be developed substantially in accordance with plans and
Planning
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
It
Plan) and 2 (Floor Plan), and as conditioned herein.
I
-5- PC2012 -039