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Resolution-PC 2012-012RESOLUTION NO. PC2012 -012 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05588 (DEV 2011- 00140) (3361 EAST MIRALOMA AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified petition for a conditional use permit to permit a private physical fitness facility in conjunction with an existing recording studio, for that certain real property located at 3361 East Miraloma Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the 0.83 -acre property is currently developed with a 43,572 square foot industrial building and is located in the SP94 -1; Development Area 1 (Industrial Area) zone; the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did schedule a public hearing at the Civic Center in the City of Anaheim on February 27, 2012, 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 the proposed amendment to said conditional use permit and to investigate and make findings and recommendations in connection therewith, and the item was continued to the March 12, 2012 meeting due to a lack of quorum at the February 27 meeting; and WHEREAS, the 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 private physical fitness facility in conjunction with an existing recording studio is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Recreation - Commercial Indoor) of the Anaheim Municipal Code. 2. The proposed facility 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 it will be integrated into an existing tenant space and no outdoor activity is proposed. 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 of the citizens of Anaheim because there will be an adequate number of parking spaces available to support the existing and proposed uses on the property. - 1 PC2012 -012 4. The traffic generated by the proposed use 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 volume of traffic planned for the streets and highways in the area. 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 and will provide a land use that is compatible with the surrounding area because the proposed use will be similar to other uses in the area and activities would occur entirely within the building space. 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. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2011 -05588 (DEV2011- 00140) to permit a private physical fitness facility in conjunction with an existing recording studio. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2011- 05588, subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein 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 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. PC2012 -012 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. THE FOREGOING RESOLUTION was ad meeting of March 12, 2012. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SENIOSECRETARY, ANAHEIM CITY PLANNING COMMISSION d at the Planning Commission AIL) CHAIRMAN, ANAHEIM (fTY PL G 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 12, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of March, 2012. SENIOR SEC kETARY, ANAHEIM CITY PLA NG COMMISSION 3 PC2012 -012 EXHIBIT "A" DEN' NO. 2011 -00140 APN: 345 - 072 -17 Source Recorded Tract Maps andror City GIS Please note the accuracy is tl- two to five feet 4 PC2012 -012 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS I No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement CI The proposed wrestling training facility shall not operate during those hours when the primary use of the site (currently a recording studio) is in operation, unless alternate parking arrangements are reviewed and approved by the City. Planning 3 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 -4, and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05588 (DEV2011- 00140) - 5 - PC2012 -012