Resolution-PC 2011-020RESOLUTION NO. PC2011 -020
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05548
(DEV2011- 00008)
(4388 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit
No. 2011 -05548 to permit a martial arts studio within an existing industrial complex for certain
real property in the City of Anaheim, County of Orange, State of California shown on Exhibit
"A ", attached hereto and incorporated herein by this reference; and
WHEREAS, this 4.17 -acre property is developed with an industrial complex. The
property is located in the SP94 -1 Northeast Industrial Specific Plan Area 2 Expanded Industrial
zone and the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 28, at 5:00 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 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 to permit a martial arts studio should be
approved for the following reasons:
1. The proposed conditional use permit request to permit a martial arts studio within
an existing industrial building is properly one for which a conditional use permit is authorized
under Code Section Nos. 18.120.070.050.0519 (Fitness Center) of the Anaheim Municipal
Code.
2. The proposed the conditional use permit to permit a martial arts studio within an
existing industrial building, 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 and integrated with similar buildings and industrial uses; and, the
martial arts studio would be located within an existing industrial building with no adverse affects
to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full development
of the martial art studio 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.
1 PC2011 -020
4. The traffic generated by the martial art studio 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 there is adequate parking on -site 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.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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. 2011 -05548 and 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. 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 Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or 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 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 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.
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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 the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was ad pi �,..t the Planning Commission
meeting of March 28, 2011.
A"1"1EST:
CHAIRMAN, AN 1 ITY PLANNING COMMISSION
SENIOR SE ETARY, 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 March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011.
SENIOR SECR ARY, ANAHEIM CITY PLA ING COMMISSION
- 3 - PC2011 -020
AP N : 346- 431 -081
Et) 100
Feet
1
EXHIBIT "A"
r
DEV2011 -00008
E LA PALMA AVE
372'
475'
100'
rn
N
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11082
- 4 - PC2011 -020
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2011-05548
(DEV2011- 00008)
NO. CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1 This facility shall be used for a martial arts studio only.
2 The hours of operation for the martial arts studio shall be
consistent with the letter of operation on file with the City of
Anaheim Planning Department. Any change in the hours of
operation shall be subject to review and approval by
Planning staff to determine substantial conformance with the
letter of operation and compatibility with the surrounding
uses.
3
4
5
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
No outdoor activities involving gathering of persons shall be
permitted on -site.
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 two business days of being applied.
6 Business to be equipped with alarm system (silent or audible)
7 Complete a Burglary/Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department prior
to initial alarm activation. This form is available at the
Police Department front counter, or it can be downloaded
from the following web site:
httn://www.anaheim.net/article.asp?id=678
8 Rear entrance doors shall be numbered with the same address
numbers or suite number of the business. Minimum height
of 4" recommended.
9 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.
5
REVIEW
BY
Planning
Code
Enforcement
Code
Enforcement
Code
Enforcement
Code
Enforcement
Police
Police
Police
Planning
SIGNED
OFF BY
PC2011 -020