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Resolution-PC 2017-075RESOLUTION NO. PC2017-075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05921 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00052) (1461 NORTH DALY STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05921 to permit a physical fitness facility within a portion of an existing industrial building (referred to herein as the "Proposed Project") for that certain real property located at 1461 North Daly 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 1.2 acres in size and is currently developed with a 24,148 square foot industrial building. 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 October 30, 2017, 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. 2017-05921 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 12,000 square foot physical fitness facility within an existing 24,148 square foot 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 -Large", as referenced in paragraph .0402 of subsection .040 of Section No. 18.10.030 of the Code. - I - PC2017-075 2. The proposed conditional use permit to permit a physical fitness facility, as conditioned herein, would not adversely affect the abutting business or adjoining land uses, nor 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. 2017-05921, 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 - PC2017-075 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 October 30, 2017. 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 n, appeal. z CHAIR RSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: J'd����:'''� , 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 October 30, 2017, by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE October, 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2017-075 EXHIBIT "A" DEV NO. 2017-00052 APN: 338-192-05 --L--i E VIA BURTON ST E VIA BURTON ST r J Q a z BO 321' N 2%0, a J m W W J J 0 U W Q H V1 Z oo s�o ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 4 - PC2017-075 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05921 (DEV2017-00052) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The operator of the sports fitness business shall not permit, and Planning and Building shall take all steps necessary, to prevent its patrons from using Department, any portion of a public street for any exercise or physical fitness activities associated with the business. Planning Services Division 2 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to Department, the business operation as described in that document shall be subject to review and approval by the Planning and Building Planning Services Director to determine substantial conformance with the Letter Division of Request and to ensure compatibility with the surrounding uses. 3 Hours of operation for the fitness use and other businesses on- Planning and Building site shall not conflict/overlap. To allow adequate time for Department, parking turnover, and based on hours of operation for the existing business (Trendz Beauty Group, 2017), the fitness use Planning Services may operate between 3:30 p.m. and 10:00 p.m. Monday Division through Friday, and no hours restrictions on Saturday and Sunday. Any future modification to these hours of operation shall be reviewed and approved by the Planning and Building Director to ensure that adequate on-site parking is provided at all times. 4 Training sessions shall be limited to a maximum of 20 Planning and Building customers. There shall be a minimum 15 minute transition Department, between sessions. Planning Services Division Group functions or events including but not limited to 5 Planning and Building competitions, sporting games, and group activities open to Department, those other than registered fitness trainees shall be strictly prohibited. Planning Services Division WITHIN 30 DA YS OF COMMENCMENT OF FITNESS USE 6 New landscaping material shall be planted within the landscape Planning and Building planters within the parking lot and along Daly Street. The new Department, landscaping shall be installed in conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Planning Services Division - 5 - PC2017-075 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Code and shall be maintained in good condition. Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. All existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 7 A trash enclosure shall be constructed in conformance with the Public Works "Minimum Acceptable Trash Collection Areas" on file in the Department, Public Works Department. The enclosure shall be designed, Operations Division located and/or screened so as not to be readily identifiable or visible from adjacent streets or other public rights-of-way. Recycling bins shall also be provided. GENERAL CONDITIONS 8 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 Planning and Building of building permits for this project, whichever occurs first. Department, Failure to pay all charges shall result in delays in the issuance Planning Services of required permits or may result in the revocation of the Division approval of this application. 9 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as Planning and Building "Indemnitees") from any and all claims, actions or Department, proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning Division 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. 10 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim Planning and Building by the applicant and which plans are on file with the Planning Department, Department and as conditioned herein. Planning Services Division - 6 - PC2017-075