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Resolution-PC 2014-087RESOLUTION NO. PC2014 -087 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014 -05751 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00081) (15 67 WEST EMBASSY STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05751 to permit a physical fitness facility within an existing industrial building (referred to herein as the "Proposed Project ") for that certain real property located at 1567 West Embassy Street 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 is approximately 0.6 acres in size and is currently developed with a three -unit industrial building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "I" Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code "); 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 (i.e., Class 1 — Existing Facilities) 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, on September 22, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05751 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 with respect to a physical fitness facility in an existing industrial building, does find and determine the following facts: 1. The proposed request to permit a physical fitness facility within an existing industrial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 10 -A as "Dance and Fitness Studios - Small ", as referenced in paragraph .0402 of subsection .040 of Section No. 18.10.030 of the Code. - 1 - PC2014 -087 2. The proposed conditional use permit to permit a physical fitness facility, 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 building that is surrounded by other industrial uses. 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 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 Planning Commission does hereby approve Conditional Use Permit No. 2014 - 05751, contingent upon and 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 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 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 Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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. -2- PC2014 -087 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 22, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 9&4-'V� onc_� CIIAI AN, PLANNI COMMISSION OF E CITY OF A EIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 22, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 22" day of September, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -087 EXHIBIT " A " DEV NO. 2014 -00081 `� -� CT W LINCOLN AVE -4- PC2014 -087 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05751 (DEV2014- 00081) NO. CONDITIONS OF APPROVAL OPERATIONAL CONDITIONS 1 The operator of the business shall not permit and shall take all steps necessary to prevent its patrons from using any portion of a public street for I any exercise or physical fitness activities associated with the business. — — 2 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. WITHIN 200 DAYS OFAPPR0VAL OF THIS PERMIT 3 Within 200 days of the activity authorized by this resolution, the parking lot shall be resurfaced and restriped to meet the City Standard Detail for parking stalls. GENERAL CONDITIONS 4 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of 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. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division Planning Department, Planning Services Division 6 The Property shall be developed substantially in accordance with plans and Planning Department, specifications submitted to the City of Anaheim by the applicant and which Planning Services plans are on file with the Planning Department and as conditioned herein. Division RESPONSIBLE DEPARTMENT Planning Department, Planning Services Division Planning Department, Planning Services Division Planning Department, Planning Services Division -5- PC2014 -087