Resolution-PC 2013-014RESOLUTION NO. PC2013 -014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO- 2012-05640 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00127)
(1351 NORTH KRAEMER BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2012 -05640 to permit an baseball training facility (the 'Proposed Project ") on a portion of that
certain real property located at 1351 North Kraemer Boulevard in the City of Anaheim, as
generally depicted on the map attached hereto as Exhibit A attached hereto and incorporated
herein by this reference (the 'Property "); and
WHEREAS, the Property is a .602 -acre industrial site developed with a 12,590
square foot industrial building located in the SP94 -1, D.A.1 (Northeast Area Specific Plan,
Industrial Area) zone. The Property is designated for Industrial land uses in the City of Anaheim
General Plan; and
WHEREAS, on January 28, 2013, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, 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 (herein referred to as the "Code ", to hear and consider evidence for
and against the proposed project and 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 pertaining to the request to permit a baseball training facility, does find
and determine the following facts:
1. The proposed conditional use permit request to permit a baseball training
facility within an existing industrial building is properly one for which a conditional use permit
is authorized under subsections .0521 and .0531 of Section 18.120.050.050. (Health Spas and
Physical Fitness Centers and Private Recreational Facilities — Indoor and Outdoor) of the Code;
and
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2. The proposed conditional use permit to permit a baseball training 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. The baseball
training facility would be located within an existing building with no adverse affects to adjoining
land uses; and
3. The size and shape of the site for the use is adequate to allow the full
development of the baseball training 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; and
4. The traffic generated by the baseball training 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 ; and
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 this Planning Commission does
hereby approve Conditional Use Permit No. 2012- 05640, 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 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, (ii) the modification
complies with the 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 limitation on
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 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 Zoning Code of the
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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 January 28, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 ( "Zoning Provisions - General") of the Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIR PRO- VMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
`--�
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on January. 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of January, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBTI' "A"
DEV NO. 2012 -00127
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O o so :oo Source: Recorded Tract Maps and/or City GIS
v
Faet Please note the accuracy is +/- two to five feet.
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012 -05640
(DEV2012- 00127)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO OCCUPANCY
1
The rear and front parking lot areas shall be repaired
annm g
where determined to be necessary by Planning
Department staff and re- slurried and re- striped. Parking
lot striping shall be provided, 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 re- slurry and
restriping improvements shall be shown on plans
submitted for building permits and shall be completed
prior to occupancy of the proposed use.
2
The chain -link fence and gates along the front of the
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°
property over the parking lot area shall be removed. The
removal of the chain -link fencing /gates and new fencing
improvements shall be shown on plans submitted for
building permits and installed prior to occupancy of the
p roposed use.
3
The razor wire visible to Kraemer Boulevard shall be
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removed. The removal of the razor wire shall be shown
on plans submitted for building permits and installed
p rior to occupancy of the proposed use.
4
A sign plan must be reviewed and approved for all
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p roposed business signs.
5
Proper exterior parking lot lighting shall be provided.
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Provide a lighting plan showing the type of lighting to be
provided to ensure the parking lot will be well lit.
The lighting in the parking lot shall be maintained in
proper working order and remain illuminated during
hours of darkness.
Lighting improvements shall be shown on plans
submitted for building permits and installed prior to
occupancy of the proposed use.
PRIOR TO ISSUANCE OF PERMITS
6
That all requests for new water services or fire lines, as
public Utilities,
well as any modifications, relocations, or abandonments
Water
of existing water services and fire lines, shall be
Engineering
coordinated through Water Engineering Division of the
Anaheim Public Utilities Department.
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GENERAL
7
The baseball training facility shall be operated in
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accordance with the Operational Plan submitted as part of
this application. Any changes to the business operation
as described in the Operational Plan shall be subject to
review and approval by the Planning Director to
determine substantial conformance with the Operational
Plan and to ensure compatibility with the surrounding
uses. The hours of operation for the baseball training
facility shall be seven days per week: 7:00 a.m. to 9:00
p.m. with one hour training sessions by appointment only.
Thirty minute gaps between classes shall be provided and
a maximum of five employees and twenty trainees shall
be present at the site at any given time as stated in the
Operational Plan. The hours of operation may be
modified subject to prior review and approval by
Planning Director.
8
The property shall be developed substantially in
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accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on
file with the Planning Division marked Exhibit No. 1 and
2 (Site Plan and Floor Plans), and as conditioned herein.
9
Any graffiti painted or marked upon the premises or on
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any adjacent area under the control of the property owner
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shall be removed or painted over within 24 hours of being
applied.
10
The applicant shall be responsible for maintaining the
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premises in an orderly fashion through the provision of
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regular maintenance and removal of trash or debris.
11
All activities related to the use shall occur indoors, except
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as may be permitted by an authorized Special Event
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Permit.
12
No required parking area shall be fenced or otherwise
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enclosed for outdoor storage.
Enforcement
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