Resolution-PC 2014-100RESOLUTION NO. PC2014 -100
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05762
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00099)
(2021 EAST VIA BURTON 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 -05762
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 2021 East Via Burton 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 1.9 acres in size and is currently
developed with two industrial buildings. The Anaheim General Plan designates the Property for
Industrial 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 November 17, 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 -05762 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 & Fitness Studios - Small ", as
referenced in paragraph .0402 of subsection .040 of Section No. 18.10.030 of the Code.
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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 and motel 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 - 05762, 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 17, 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.
CHAIgMAN, PLANNIN 0MMISSION
T E CITY OF A H M
ATTEST:
f
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 November 17, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of
November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2014 -00099
APN: 338 - 181 -11
338- 181 -10
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05762
(DEV2014- 00099)
RESPONSIBLE
NO. CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITI
1 The operator of the business shall not permit and shall take all steps Planning Department,
necessary to prevent its patrons from using any portion of a public Planning Services Division
street for any exercise or physical fitness activities associated with
the business.
2
There shall be no outdoor storage of physical fitness equipment.
Planning Department,
Planning Services Division
3
The business shall be operated in accordance with the Letter of
Planning Department,
Request submitted as part of this application. Any changes to the
Planning Services Division
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.
GENERAL CON
4
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
Planning Department,
the issuance of the final invoice or prior to the issuance of building
planning Services Division
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.
5
The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
Planning Department,
referred to individually and collectively as "Indemnitees ") from any
planning Services Division
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.
6
The Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services Division
L--J�
applicant and which plans are on file with the Planning Department
--- -- - - - - - - -- -- - - -- - - -- - , — -- I and as conditioned herein.
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