Resolution-PC 2013-017RESOLUTION NO. PC2013 -017
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2012 -05626
AND VARIANCE NO. 2013-04922 AND
MAKING CERTAIN FINDINGS THEREWITH
(DEV2012- 00087)
(1015 -1025 EAST KATELLA 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 -05626 and Variance No. 2013 -04922 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 1015 -1025
East Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference
(herein referred to as the "Property "); and
WHEREAS, the Property, consisting of approximately 2.44- acres, is developed
two industrial building measuring approximately 16,200 square feet each and a 3,750 square foot
mini - warehouse for a total of 36,150 square feet. The industrial buildings consist of industrial
manufacturing businesses, warehouse and distribution businesses and vacant tenant spaces. The
property is located in the Industrial (Platinum Triangle Mixed Use) zone. The Anaheim General
Plan designates the property for Mixed -Use land uses; and
WHEREAS, on February 11, 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 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 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
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.
(89 spaces required; 72 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 plan was
prepared by the applicant dated January 17, 2013, 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 17 parking spaces will be required by the proposed use during peak demand operating hours
based on the number of students and coaches proposed and since a 10 minute gap is provide
between classes. The applicant surveyed the other businesses on the property which indicated
that a total of 32 parking spaces would be needed, including the physical fitness facility during
the daytime peak demand hours. The site currently provides a total of 72 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 14 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 -05626 and Variance No. 2013 - 04922,
contingent upon 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 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 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 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 February 11, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
1 l
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/�C�,....n_ /YID -•-�
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 - PC2013 -017
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 February 11, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 P h day of February, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00087
APN: 082 - 261 -27
317'
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240'
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65'
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f/ ® Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05626
AND VARIANCE NO. 2013-04922
(DEV2012- 00087)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The parking spaces on the subject site shall be restriped
Planning
where necessary and parking spaces shall be provided as
shown on the site plan 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. The restriping must be completed within 30 days
of approval of this permit.
2
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 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.anaheirn.netlarticle.asp?id=678
3
Front and Rear entrance doors shall be numbered with the
police
same address numbers or suite number of the business to be
completed within 30 days of approval of this permit.
Minimum height of 4" recommended.
GENERAL CONDITIONS
4
The physical fitness facility shall be operated in accordance
Planning
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. A ten
minute gap between classes shall be provided and a
maximum of 2 employees and twelve to fifteen students shall
be present at the site as stated in the Operational Plan. The
hours of operation may be modified subject to prior review
and approval by Planning Director.
5
No outside storage of equipment shall be permitted.
Planning
6
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
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7
No outdoor activities involving gathering of persons shall be
permitted on -site.
Code
Enforcement
8
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.
9
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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