Resolution-PC 2012-056RESOLUTION NO. PC2012 -056
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. 2012-05617 &
VARIANCE NO. 2012-04908
(DEV2012- 00070)
(3010 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-
05617 and Variance No. 2012 -04908 to permit a physical fitness facility within an existing
industrial business complex with less parking spaces than required by the Anaheim Municipal
Code (herein referred to as the "Code ") for certain real property located at 3010 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 1.02- acres, is developed with an
industrial business complex measuring approximately 18,020 square feet and contains four
separate tenant spaces consisting of a vacant space, an auto service business, electrical contractor
and a medical products distributor. The property is located in the SP94 -1 Northeast Industrial
Specific Plan, Development Area 1, Industrial Area Zone. 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 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 ( "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:
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1. The proposed conditional use permit request to permit a physical fitness facility
within an existing industrial business complex is properly one for which a conditional use permit
is authorized under Code Section Nos. 18.120.050.050.0521 (Health spas and physical fitness
centers) of the Code.
2. The proposed conditional use permit to permit a physical fitness facility within an
existing industrial business complex, 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 dance 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 business complex.
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 adequate parking will be provided 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.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance for less parking than required by Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(44 spaces required; 39 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because a parking demand/operational letter was
prepared by the applicant dated July 19, 2012, determining that the current number of parking
spaces within the industrial property is sufficient to accommodate all of the uses on the site
including the new physical fitness facility. The parking demand/operational letter indicates that
only 11 parking spaces will be required by the proposed use during peak demand operating hours
based on the number of students and coaches proposed and the gap restriction between classes.
The applicant surveyed the other businesses on the property which indicated that a total of 34
parking spaces would be needed, including the physical fitness facility during the daytime peak
demand hours. The site currently provides a total of 39 spaces;
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2. That 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 within the industrial business complex will
adequately accommodate the peak parking demands of the proposed physical fitness facility and
the other uses on the site;
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly provided as parking for such use
under an agreement in compliance with subsection 18.42.050 (Non - Residential Uses- Shared
Parking Arrangements) because the on -site parking for the physical fitness facility will
adequately accommodate peak parking demands of all uses on the site. This physical fitness
facility generates a peak parking demand of I 1 parking spaces;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off- street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
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
physical fitness facility.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2012 -05617 and Variance No. 2012 -04908 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.
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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 Zoning Code, of the
City of Anaheim 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 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.
2f �
CHAIRMAN, ANAHEIM CITY PLANING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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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
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of August, 2012.
SENIOR SEMTfETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00070
APN: 344 - 421 -10
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Source: Recorded Tract Maps and /or City GIS.
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r, Please note the accuracy is +/- two to five feet.
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1 811:10 Y 100013m
CONDITIONAL USE PERMIT NO. 2012-05617
AND VARIANCE NO. 2012-04908
(DEV2012- 00070)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The parking areas on the subject site shall be resurfaced and
Planning
re- striped per Code requirements. 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.
2
Complete a Burglary/Robbery Alarm Permit application,
Police
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:
httl)://www.anaheim.net/article.asi)?id=678
3
Address numbers shall be positioned so as to be readily
Police
readable from the street. Number should be illuminated
during hours of darkness.
4
All exterior doors to have adequate security hardware, e.g.
Police
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.
5
Adequate lighting of parking lots, passageways, recesses, and
Police
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.
GENERAL CONDITIONS
6
This facility shall only be used as a physical fitness facility.
Planning
7
The hours and maximum number of students and instructor
Planning
for the physical fitness facility shall be consistent with the
parking demand/letter of operation on file with the City of
Anaheim Planning Department. Any change in the number
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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. The maximum number of
students shall not exceed 12 and 1 coaches per hour. There
shall be a minimum one hour gap between classes during the
peak hours of the day.
8
No outside storage of equipment shall be permitted.
Planning
9
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
10
No outdoor activities involving gathering of persons shall be
Code
permitted on -site.
Enforcement
11
The applicant shall be responsible for maintaining the area
Code
adjacent to the premises over which they have control, in an
Enforcement
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.
12
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 Plan),
Exhibit No. 2 (Floor Plan), and as conditioned herein.
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