Resolution-PC 2011-065RESOLUTION NO. PC2011 -065
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 -05567
AND VARIANCE NO. 2011 -04861
(DEV2011- 00065)
(3150 WEST LINCOLN AVENUE, SUITES 140/160)
WHEREAS, the Planning Commission did receive a verified Petition to approve
Conditional Use Permit No. 2011 -05567 and Variance No. 2011 -04861 to establish a large
fitness facility within an existing neighborhood shopping center with less parking than required
by Code; and
WHEREAS, this 5.7 -acre property is developed with a neighborhood commercial
center. The property is located in the C -G (General Commercial) zone and the Anaheim General
Plan designates the property for Low Medium Density land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 12, 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
tentative parcel map and conditional use permit to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Planning Conunission, 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 establish a large fitness facility within an
existing neighborhood shopping center with less parking than required by Code should be
approved for the following reasons:
1. The proposed request to establish a large fitness facility within an existing
neighborhood shopping center in the General Commercial (C -G) zone is properly one for which
a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.0402
(Dance Fitness Studio- Large).
2. The proposed conditional use permit to establish a large fitness facility within an
existing neighborhood shopping center, 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 uses; and
the proposed the fitness studio will be located within an existing commercial building with no
adverse affects to adjoining land uses.
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3. The size and shape of the site for the use is adequate to allow the full development
of large fitness studio in a manner not detrimental to the particular area or to the health and
safety because the large fitness studio will be located within an existing commercial building and
is surrounded by compatible commercial uses.
4. The traffic generated by the proposed large fitness 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 occur after the highest peak parking demand
would occur during the weekday evenings and Saturday daytime periods on the adjacent
highways.
5. The granting of the conditional use permit and the variance 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 be compatible with the surrounding area because the use is integrated
with other uses on the property and is not a health or safety risk to the citizens of the City of
Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(553 spaces required for the entire commercial
center; 391spaces provided).
1. The requested variance is hereby approved based upon the findings and
conclusions contained in a parking demand study prepared in 2009 in conjunction with the
banquet facility and updated in 2011 for the proposed large fitness center. The study concluded
that the highest number of parking spaces needed for the entire center was 163 spaces, resulting
in a surplus of 228 spaces during a banquet hall event which occurred in the evening. Further the
study concludes that a minimum of 310 spaces need to be provided for the project based on a
shared parking analysis during peak hours during the weekday peak parking demand. The site
provides a total of 391 spaces or 81 spaces in excess of weekday peak parking demand. In
addition, the study also concluded that most of the businesses in the adjacent commercial center
operate during the week daytime hours which does not conflict with the peak evening hours and
weekend hours of the fitness center.
2. The variance will not increase traffic congestion since all parking is contained
either on the subject property. 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 large fitness facility.
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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 -05567 and Variance No.
2011 -04861 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 12. 2011.
ATTEST:
ACTING CHAIRMAN, AN
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
IM CITY PLANNING COMMISSION
I. Eleanor Morris, 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 September 12, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 12`" day of September, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 - PC2011 -065
EXHIBIT "A"
DEV NO. 2011 -00065
APN: 135 -281 -19
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W LINCOLN AVE
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W POLK AVE
W DEL MONTE DR
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Source: Recorded Tract Maps and/or City G S.
Please note the accuracy is +1- two to five feet,
5
PC2011 -065
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The business shall be equipped with an alarm system (silent
or audible).
Police
2
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
Police
3
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:
http:/ /www.anaheim.net/article.asp ?id =678
Police
4
The rear doors of the premises shall be numbered with the
same address numbers or suite number of the business.
Minimum height of 4" recommended.
Police
5
All exterior doors to have adequate security hardware, e.g.
deadbolt locks.
Police
GENERAL CONDITIONS
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.
Police
/
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Code
Enforcement
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05567
AND VARIANCE NO. 2011-04861
(DEV2011- 00065)
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PC2011 -065
8
The applicant shall be responsible for maintaining the area
Code
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.
Enforcement
9
The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Planning
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.
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