Resolution-PC 2010-006RESOLUTION NO. PC2010 -006
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. 2009-05472
(DEV2009- 00101)
(3150 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009- 05472, to permit a martial arts studio within an
existing commercial center 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 commercial center located in
the General Commercial (C -G) zone and the Anaheim General Plan designates the property
for residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 17, 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 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:
1. The request to permit a martial arts studio in the General Commercial (C -G) zone
is properly one for which a conditional use permit is authorized under Code Section
18.08.030.010. (Dance and Fitness Studios Large) of the Anaheim Municipal Code.
2. The operation of a martial arts studio will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located because the
use is entirely within an existing building with no outside activities and it is compatible with
existing commercial uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety because this use will be located within an existing tenant space of an
established commercial center.
4. The traffic generated by the martial arts studio will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because a
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total of 391 parking spaces are provided for the commercial center including the martial arts
studio and the demand for parking for this use is less than uses permitted in the commercial zone.
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 -05472 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.
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. 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 17, 2010.
ATTEST:
CHAIRMAN, AIlAIEIM CITY PLANNING COMMISSION
SENIOR S CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, 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 17, 2010, by the following vote of the members
thereof:
AGARWAL, BUFFA, FAESSEL, KARAKI,
AYES: COMMISSIONERS: RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of February, 2010.
t/A
SENIOR SLRETARY, ANAHEIM CITY PLANNING COMMISSION
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I
1AP N: 135 -281 -191
W CABOT DR
Fi t
LU
2
145'
1
EXHIBIT "A"
DE V2009- 00101
W LINCOLN AVE
523'
-4
W POLI( AVE
416'
W DEL MONTE DR
a
Source: Recorded Tract Maps and/or City GIS,
Please note the accuracy is two to five feet,
10899
PC2010 -006
NO.
GENERAL
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2
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05472
(DEV2009- 00101)
CONDITIONS OF APPROVAL
No outdoor activities shall occur on the property.
Clientele access to the martial arts studio shall be limited to the
front door on the north building elevation.
The rear door of the martial arts studio shall remain closed
during all class /instruction activities.
The property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2
(Floor Plan) and as conditioned herein.
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FOR
MONITORING
Code Enforcement
Code Enforcement
Code Enforcement
Planning
PC2010 -006