Resolution-PC 2020-013RESOLUTION NO. PC2020-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05954
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00008)
(4900 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-05954
to permit and retain an existing indoor softball training facility (the "Proposed Project") for
premises located at that certain real property at 4900 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 is approximately 1.7 -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 Anaheim Canyon Specific Plan "SP2015-1" Development
Area 1 (Industrial Area), and is subject to the zoning and development standards contained in
Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on April 27, 2020 at 5:00 p.m. to hear and
consider evidence and testimony for and against the Proposed Project and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing
Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the time
of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
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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 for Conditional Use Permit No. 2018-05954, does find and
determine the following:
1. The proposed request to permit and retain an indoor softball training facility in
an existing industrial building is an allowable use within the "SP2015-1" Anaheim Canyon
Specific Plan under subsection .040 of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim
Canyon Specific Plan No. 2015-1) of the Code, subject to a conditional use permit and the zoning
and development standards of Development Area 1.
2. The conditional use permit, subject to compliance with the conditions imposed,
will not adversely affect the surrounding land uses and the growth and development of the area
because the Property is developed with two industrial buildings and there is a sufficient amount of
parking spaces to accommodate the parking demand for the indoor traning facility and the existing
industrial use.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and general
welfare because the facility is located within an industrial building with a sufficient number of on-
site parking spaces being provided, adequate vehicle circulation is provided on site, and
compliance with the conditions of approval contained herein will ensure that the indoor training
facility does not have an adverse impact on the adjacent uses.
4. The traffic generated by the use 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 will not exceed the anticipated volumes of traffic on the
surrounding streets to accommodate the use.
5. The granting of Conditional Use Permit No. 2018-05954 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2018-05954, and further contingent upon and subject to 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
under Conditional Use Permit No. 2018-05954 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, (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 maybe processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (Revocation or Modification of Permits) of the 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 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 April 27, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHA ERSON, P ANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 April 27, 2020 by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020.
Z�� f�-
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
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E LA PALMA AVE
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05954
(DEV2018-00008)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS OF APPROVAL
1
All doors shall remain closed at all times to prevent noise impacts to
Planning and Building
surrounding uses.
Department,
Planning Services
Division
2
Sufficient parking for all uses located at the subject property shall be
Planning and Building
maintained at all times, so that the uses will not cause any parking
Department,
impacts to surrounding uses. Should the parking demand exceed the
Planning Services
existing parking supply, or otherwise be determined as insufficient, the
Division
Planning and Building Director may require a modification to the indoor
training facility operations until such time that parking issues have been
adequately addressed.
3
The facility shall operate in accordance with the Letter of Operation
Planning and Building
submitted as part of the application. Any changes to the facility's
Department,
operation described in the Letter of Operation shall be subject to review
Planning Services
and approval by the Planning and Building Director to determine
Division
substantial conformance with said letter and to ensure compatibility with
the surrounding uses.
4
Ongoing during project operations, vehicle deliveries including loading
Public Works
and unloading shall be performed on site. Deliveries shall not take place
Department,
on any part of the public right of way.
Traffic Engineering
Division
GENERAL CONDITIONS OFAPPROVAL
5
Any graffiti painted or marked upon the premises or on any adjacent area
Planning and Building
under the control of the property owner shall be removed or painted over
Department,
within 24 hours of being applied.
Code Enforcement
Division
6
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
of suit, claim or litigation, including without limitation attorneys' fees
and other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
7
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
8
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
Division
9
Within 30 days of the date of this resolution, the applicant shall secure
Planning and Building
the services of a licensed architect or other qualified design professional
Department,
to prepare plans for all unpermitted work and any other proposed
Planning Services
improvements, including the building's change of occupancy, batting
Division
cages, offices, and parking lot paving and restriping. These timelines
may be modified due to an unforeseen hardship, such as a State of
Emergency declaration by the City, State, or Federal government,
subject to review and approval by the Planning Director.
10
Within 90 days of the date of this resolution, all necessary plans and
Planning and Building
documentation for unpermitted and proposed improvements, including
Department,
the relocation and the building's change of occupancy and the parking
Planning Services and
lot paving and restriping, shall be submitted to the Building Division,
Building Divisions
demonstrating that the use complies with all applicable requirements of
the California Building and Fire Codes. A parking lot paving and
restriping plan shall be submitted to the Planning Division for review
and approval. This plan shall adequately address any outstanding
comments from the Traffic Division related to parking lot striping. These
timelines may be modified due to an unforeseen hardship, such as a State
of Emergency declaration by the City, State, or Federal government,
subject to review and approval by the Planning Director.
11
Within 150 days of the date of this resolution, the applicant shall obtain
Planning and Building
all applicable building permits for unpermitted and proposed
Department,
improvements, including the building's change of occupancy and
Planning Services and
parking lot paving and restriping. These timelines may be modified due
Building Divisions
to an unforeseen hardship, such as a State of Emergency declaration by
the City, State, or Federal government, subject to review and approval
by the Planning Director.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
12
Within 240 days of the date of this resolution (approximately eight
Planning and Building
months), the applicant shall have completed all work and obtained all
Department,
necessary building permit inspections and approvals, including final
Planning Services
inspections, and a certificate of occupancy for all work described in the
Division
prior conditions of approval. These timelines may be modified due to an
unforeseen hardship, such as a State of Emergency declaration by the
City, State, or Federal government, subject to review and approval by
the Planning Director.
13
Prior to final Building and Zoning Inspections, the legal property owner
Public Works
shall submit a Certificate of Compliance to the Public Works Department
Department,
for review and approval. The Certificate of Compliance shall be recorded
Development Services
with the Orange County Recorder's office prior to final building and
zoning inspections.
14
All remaining fees/deposits required by Public Works department must
Public Works
be paid in full.
Department,
Development Services
15
All new landscaping shall be installed in conformance with Chapter
Planning and Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code and
Department,
shall be maintained in perpetuity. Landscaping shall be replaced in a
timely manner in the event that it is removed, damaged, diseased and/or
Planning Services
dead.
Division
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