Resolution-PC 2012-055RESOLUTION NO. PC2012 -055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05605
(DEV2012- 00045)
(4130 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05605 to permit a physical fitness facility within an existing industrial building for certain real
property located at 4130 East La Palma Avenue in the City of Anaheim, County of Orange, State
of California shown on Exhibit "A " , attached hereto and incorporated herein by this reference
(the "Property "); and
WHEREAS, the Property, consisting of approximately 0.81 -acre is developed with an
industrial building measuring approximately 17,600 square feet. The property is located in the
SP94 -1 Northeast Industrial Specific Plan, Development Area 5, Commercial Area Zone. The
Anaheim General Plan designates the property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 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 Chapter 18.60 of the
Anaheim Municipal Code (the "Code "), 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, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 to permit a physical fitness facility does find and
determine the following facts:
1. The proposed conditional use permit request to permit a physical fitness facility
within an existing industrial building is properly one for which a conditional use permit is
authorized under Section Nos. 18.120.100.050.0513 (Health spas and physical fitness centers
larger than four thousand (4,000) square feet in gross floor area) of the Code.
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2. The proposed conditional use permit to permit a physical fitness facility 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 compatible buildings and uses; and, the physical fitness facility
would be located within an existing 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 physical fitness facility 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.
4. The traffic generated by the physical fitness facility 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 commercial and industrial area and would
not pose a health or safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2012 -05605 and 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 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 any amendment, modification or revocation 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 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 adopted at the Planning Commission meeting of
August 27, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECR&ARY, 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 August 27, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
IN WITNESS WHEREQF I have hereunto set my hand this 27"' day of August 27, 2012.
SENIOR SECRFWARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2012 -00045
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® Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXIiIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05605
(DEV2012- 00045)
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REVIEW
SIGNED
NO
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The applicant shall execute an agreement with the Building
Building
and Safety Division limiting the occupancy of the building to
no more than 49 persons at any given time. This agreement
will be prepared and approved by the City Attorney's Office
and shall be executed and recorded within 60 days of
approval of this permit.
2
Any barbed wire located at the rear parking lot that is visible
Planning
from the street shall be removed within 30 days of this
approval of a building permit.
3
The front parking area shall be re- striped and the rear parking
Planning
area shall be redesigned and re- striped (oriented at a
perpendicular angle) to accommodate the required parking
for the site. The parking areas shall be striped per City
Standard Detail No. 470. Disabled parking spaces shall be
provided in accordance with the Americans with Disabilities
Act and City Standard Detail No. 436 -G. The restriping must
be completed within 30 days of approval of this permit.
4
Within 30 days of approval of this permit, any unpermitted
Planning
wall signs shall be removed unless proper permits are
obtained from the Planning Department.
5
Within 90 days of approval of this permit, an automatic fire
Fire
sprinkler system shall be designed, installed and maintained
as required by the Fire Department.
6
Within 30 days of approval of this permit, the applicant shall
Public
provide a trash management plan for review and approval by
Works,
the Public Works Department, Streets and Sanitation
Streets and
Division. Within 60 days of approval of this permit, missing
Sanitation
trash enclosure doors and interior enclosure curbing be
Division
installed per the City Standards.
7
Within 30 days of approval of this permit, the applicant shall
Police
complete a Burglary/Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department. This
form is available at the Police Department front counter, or it
can be downloaded from the following web site:
http://www.anabeim.net/article.asp?id=678
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8
Within 30 days of approval of this permit, address numbers
Police
shall be positioned so as to be readily readable from the
street. Number should be illuminated during hours of
darkness.
9
Within 30 days of approval of this permit, all exterior doors
Police
to have adequate security hardware, e.g. deadbolt locks.
Wide -angle peepholes or other viewing device should be
installed in solid doors where natural surveillance is
compromised. Overhead roll -up doors shall also be secured
on the inside that the lock cannot be defeated from the
outside and shall be secured with a cylinder lock or padlock
from the inside.
10
Within 60 days of approval of this permit, adequate lighting
Police
of parking lots, 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 person, property, and vehicles on-
site. All exterior doors shall have their own light source,
which shall adequately illuminate door areas at all hours to
make clearly visible the presence of any person on or about
the premises and provide adequate illumination for persons
exiting the building.
11
Within 45 days of approval of this permit, the planters
Plannine
located at the front and rear parking areas shall be planted
with new landscaping material and properly irrigated.
Landscaping plans shall be approved by the Planning
Department prior to installation.
GENERAL CONDITIONS
12
This facility shall only be used as a physical fitness facility.
Planning
13
The maximum number of attendees shall not exceed 15
Planning
students and 2 coaches per hour and will operate Monday
through Friday from 5:00 am to 8 p.m. and Saturday from 9
a.m. to 11:00 a.m. Any change in the number of students and
coaches 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.
14
No outside storage of equipment shall be permitted.
Planning
15
No outdoor activities involving gathering of persons shall be
Code
permitted on -site.
Enforcement
16
The applicant shall be responsible for maintaining the area
Planning
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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.
17
The property shall be developed substantially in accordance
Planning
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/Floor
Plan) and as conditioned herein.
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