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Resolution-PC 2011-021RESOLUTION NO. PC2011 -021 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. 2011 -05547 AND VARIANCE NO. 2011 -04848 (DEV2011- 00007) (4411 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a conditional use peanut and variance to permit a batting cage and sports fitness facility within an existing industrial building with less parking than required by Code, on 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 37,000 square foot industrial building 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 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, 2011, 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 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. That the proposed sports facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Dance and Fitness Studio, Recreation - Commercial Indoor). 2. The operation of a sports facility for physical fitness, including indoor batting cages, 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 industrial uses surrounding the property. 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 building of an established industrial area. 4. The traffic generated by the a sports facility for physical fitness will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 1 - PC2011 -021 5. The granting of the conditional use peiiuit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the building space. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with an sports facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (113 spaces required; 99 spaces proposed). 1. The variance, under the conditions imposed will not cause fewer off- street parking spaces to be provided for the sports and fitness facility than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the business has peak hours that do not conflict with the adjacent industrial businesses, and the maximum parking demand is expected to be 50 spaces based upon the traffic that was generated at the former facility at 5468 East La Palma Avenue. 2. The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking for the sports and fitness facility will adequately accommodated the peak parking demands of the business. 3. The variance will not increase traffic congestion within the off - street parking areas provided for vocational training facility since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the sports and fitness facility. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the sports facility. 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. 2011 -05547 and Variance No. 2011- 04848, 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 - 2 - PC2011 -021 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. ATTEST: /V STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) coDL at the banning Commission THE FOREGOING RESOLUTIO meeting of March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 SECRETARY, ANAHEIM CITY PLA G COMMISSION 3 PC2011 -021 AID N9 : -- 346- 351 -08 346- 351 -09 0 50 100 Feet TEXll1UI 16 17 "A" A P 4 DIE V2011-00007 E MIRALOMA AVE 214:86 CO CO 1 Sri of d CO CO 214.74' E LA PALMA AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 11081 - 4 - PC2011 -021 EXHIBIT CONDITIONAL USE PERMIT NO. 2011-05547 VA ►': IANCE NO. 2011-04848 (DEV2011 00007) 11 99 NO. CONDITIONS SF APPROVAL REVIEW BY GENERAL CONDITIONS 1 The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 2 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.asOid=678 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. 4 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. 5 Any tree and /or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 6 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be Police Police Police Public Works, Streets and Sanitation Division Code Enforcement Police SIGNE OFF Y - 5 - PC2011 -021 specifically shown on plans submitted for Police Department, Community Services Division approval. No required parking area shall be fenced or otherwise enclosed for outdoor storage. 8 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. 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. 6 Code Enforcement Code Enforcement Planning PC2011 -021