Resolution-PC 2014-077RESOLUTION NO. PC2014 -077
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05747 AND
VARIANCE NO, 2014 -04979 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00072)
(1341 SIMPSON CIRCLE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05747
to permit a physical fitness facility within an existing industrial building and Variance No. 2014-
04979 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ")
(collectively referred to herein as the "Proposed Project ") for that certain real property located at
1341 Simpson Circle 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 (the
"Property "); and
WHEREAS, the Property is approximately 0.6 acres in size and is currently
developed with a two -unit industrial building. The Anaheim General Plan designates the
Property for Industrial land uses. The Property is located in the "I" (Industrial) Zone. As such,
the Property is subject to the zoning and development standards described in Chapter 18.10
(Industrial Zones) of the Code; 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 (i.e.,
Class 1 — Existing Facilities) 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, on September 8, 2014, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014 -05747 and
Variance No. 2014 - 04979, and to investigate and make findings and recommendations in
connection therewith; 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 a physical fitness facility in an existing industrial building
with fewer parking spaces than required by the Zoning Code, 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 building is properly one for which a conditional use permit
is authorized under the classes of allowable uses set forth in Table 10 -A as Dance and Fitness
Studios - Small, as referenced in paragraph .0402 of what, but for a clerical error, should be
subsection .030 of Section No. 18.10.030 of the Code.
2. The proposed conditional use permit to permit a physical fitness facility, 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 effects 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 that is surrounded by other industrial uses.
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 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 to allow less parking than required by the Code in conjunction with the
proposed physical fitness facility should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(41 spaces required for the entire industrial
property; 25 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. A parking justification letter was
prepared by the applicant, determining that the current number of parking spaces within the
industrial property is sufficient to accommodate the uses on the site including the new physical
fitness facility. The parking demand /operational letter indicates that only 12 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 provided between classes;
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 will adequately accommodate the peak parking
demands of the proposed physical fitness facility and the industrial use on the site;
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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 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 maximum peak parking demand of 12 parking spaces and 14 are provided;
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. 2014 -05747 and Variance No. 2014 - 04979,
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 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
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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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 8, 2014. 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.
C I AN, PLA G COMMISSION
OF WIE CITY O HEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on September 8, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of
September, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2014 -00072
APN: 253- 163 -17
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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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EXHIBIT " B "
CONDITIONAL USE PERMIT NO. 2014-05747
AND VARIANCE NO. 2014-04979
(DEV2014- 00072)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
There shall be a maximum of 12 class participants and one
Planning Department,
employee on site at any time.
Planning Services Division
2
A ten minute gap between fitness classes shall be provided.
Planning Department,
Planning Services Division
3
The roll -up door located on the north side of the building
Planning Department,
shall remain closed and locked to accommodate the two
Planning Services Division
adjacent parking spaces.
4
Members of the fitness facility shall not participate in any
Planning Department,
physical fitness activities within the public streets.
Planning Services Division
5
There shall be no outdoor storage of fitness equipment.
Planning Department,
Planning Services Division
6
The business shall be operated in accordance with the Letter
of Request and Parking Justification Letter submitted as part
Planning Department,
of this application. Any changes to the business operation
Planning Services Division
as described in that document shall be subject to review and
approval by the Planning Director to determine substantial
conformance with the Letter of Request and Parking
Justification Letter and to ensure compatibility with the
surrounding uses.
GENERAL CONDITIONS
7
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within
Planning Department,
30 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever
Planning Services Division
occurs first. Failure to pay all charges shall result in delays
in the issuance of required permits or may result in the
revocation of the approval of this application.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The Applicant shall defend, indemnify, and hold harmless
the City and its officials, officers, employees and agents
Planning Department,
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or
planning Services Division
proceedings brought against Indemnitees to attack, review,
set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant's indemnification
is intended to include, but not be limited to, damages, fees
and /or costs awarded against or incurred by Indemnitees
and costs of suit, claim or litigation, including without
limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
9
The Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of
Planning Services Division
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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