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Resolution-PC 2013-089RESOLUTION NO. PC2013 -089 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05711 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00121) (5578 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05711 to permit a physical fitness facility (the "Project ") pursuant to Section No. 18.120.070.050.0519 of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 5578 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 8.8- acres, is developed with four freestanding industrial buildings measuring an aggregate total of 124,930 square feet. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan and in the Scenic Corridor Overlay and is subject to the zoning and development standards of Chapter 18.120 of the Code. 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 December 16, 2013 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 Code, 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, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 to permit the Project on the Property does find and determine the following facts: - 1 - PC2013 -089 1. The proposed conditional use permit request to permit a physical fitness facility located within an existing industrial property is properly one for which a conditional use permit is authorized under Section 18.120.070.050.0519 (Health Spas and Physical Fitness Centers) of the Code; and 2. The proposed conditional use permit to permit a physical fitness facility within an existing industrial 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 physical fitness facility would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the physical fitness facility 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 business complex. 4. The traffic generated by the physical fitness facility 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 adequate parking will be provided 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. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2013 -05711 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 this permit 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 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. -2- PC2013 -089 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. k mp' I 1(-QVn0-r CHAIR, ANAHEIM CITY PLA G COMMISSION ATTEST: 1 SENIOR St-C"RETARY, 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 December 16, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013. SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -089 EXHIBIT "A" DEV NO. 2013-00121 APN: 346- 451 -31 O �v U Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/_ two to five feet. -4- PC2013 -089 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05711 (DEV2013- 00121) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 The building shall comply with the requirements of an "Assembly" Fire occupancy in accordance with the California Building Code, 2010 Department Edition. 2 The premises shall be equipped with a comprehensive security alarm Police system (silent or audible) for the following coverage areas: perimeter Department building and access route protection, high valued storage areas and cashier area within 60 days of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 60 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.asp ?id =678 3 The front and rear entrance doors shall be numbered with the same Police address number or suite number of the business, a minimum of four Department inches in height within 60 days of this permit. 4 Adequate lighting of parking lots, passageways, recesses, and Planning grounds contiguous to buildings shall be maintained with lighting of Department 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 person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building within 60 days of this permit. 5 No outside storage of equipment shall be permitted. Planning Department 6 No outdoor activities involving gathering of persons shall be Planning permitted on -site. Department 7 The applicant shall be responsible for maintaining the area adjacent Code to the premises over which they have control, in an orderly fashion Enforcement 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 property owner shall be removed or painted over within 24 hours of being applied. -5- PC2013 -089 8 The applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 9 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 10 The maximum number of students and instructors for the physical Planning fitness facility shall be consistent with the letter of operation Department submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. The maximum number of students shall not exceed twenty, plus one coach and one receptionist per hour and will operate Monday through Thursday from 6:00 a.m. to 8:00 p.m., Friday from 6:00 a.m. to 6:00 p.m., Saturday from 7:00 a.m. to 9:00 a.m. and closed on Sunday. The hours of operation may be modified subject to prior review and approval by Planning Director. 11 The premises shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed and approved by Department the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -6- PC2013 -089