Resolution-PC 2010-003RESOLUTION NO. PC2010 -003
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05471
(DEV2009- 00094)
(5100 EAST LA PALMA AVENUE, SUITE 117)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009 -05471 to establish a fitness studio within an
existing multi tenant commercial and industrial business park, for certain real property situated
in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached
hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a 138,350 square foot, multi
tenant commercial and industrial business park Located in the SP 94 -1, D.A. 2 (Northeast
Area Specific Plan, Expanded Industrial Area) zone and 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 February 1, 2010, at 3:30 p.m., notice of said public hearing
having been duly given as required by Law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said 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 a conditional use permit, does find and
determine the following facts:
I. The request to establish a fitness studio within an existing multi- tenant
commercial and industrial business park in the SP 94 -1, D.A. 2 (Northeast Area Specific Plan,
Expanded Industrial Area) zone is properly one for which a conditional use permit is authorized
under Code Section 18.120.070.050.0519 (Health Spas and Physical Fitness Centers) of the
Anaheim Municipal Code.
2. The proposed fitness studio, as conditioned herein, would not adversely affect the
adjoining commercial and industrial land uses and the growth and development of the area in
which it is proposed to be located because all business activities would occur inside the building
and therefore would not cause any disturbances to the surrounding businesses.
3. The size and shape of the site is adequate to allow the full development of the
proposed fitness studio in a manner not detrimental to the particular area nor to the health, safety
and general welfare of the public. Moreover, no expansion to the existing building is proposed
and a higher parking requirement than other commercial businesses in the complex is not
required; therefore, no additional parking is required as a result of this request.
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4. The traffic generated by the fitness studio would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
facility would be consistent with the types of commercial uses along La Palma Avenue and the
traffic generated by this use will not exceed the volume of traffic planned for the streets and
highways in the area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in
the area and activities would occur entirely within the existing tenant space.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009 -05471 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 the Anaheim City 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 this conditional use 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 1, 2010.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
NOES:
ABSENT:
COMMISSIONERS: NONE
CHAIRMAN, A
AYES: COMMISSIONERS: KARAKI, RAMIREZ
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
IM CITY PLANNING COMMISSION
1, 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 February 1, 2010, by the following vote of the members
thereof:
AGARWAL, AMENT, BUFFA, FAESSEL,
COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this l day of February. 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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APN: 346-442-021
jrk. 0 50 100
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EXHIBIT "A"
DEV2009- 00094
E LA PALMA AVE
cv
442'
Source. Recorded Tract Maps and/or City GIS
Please note the accuracy is +1- two to five feet
10894
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No.
GENERAL
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05471
(DEV2009- 00094)
Conditions of Approval
Responsible for
Monitoring
1 The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion 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 licensee shall be removed or painted over within 24 hours of
being applied.
Police /Code
Enforcement
2 The property shall be developed substantially in accordance with Planning
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan) and 2 -3 (Floor
Plans), and as conditioned herein.
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