Resolution-PC 2015-048RESOLUTION NO. PC2015-048
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05801
AND VARIANCE NO. 2015-05019 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00049)
(5140 EAST LA PALMA AVENUE, SUITE NO. 105)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05801 to permit a physical fitness facility, and (ii) Variance No. 2015-05019 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively
referred to herein as the "Proposed Project") for premises located at 5140 East La Palma
Avenue, No. 105 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 6.8 acres in size and is currently
developed with an industrial and office complex. The Property is located in the Expanded
Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject
to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No.
94-1 (SP 94-1) Zoning and Development Standards) of the Code, combinded with the zoning
and development standards of the underlying base zone for the Property, which is the "I"
Industrial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone)
of the Code shall apply to the Property and shall supersede any inconsistent regulations of the
"I" Industrial Zone. The Anaheim General Plan designates the Property for Office -Low land
uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 13, 2015 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 (Procedures) of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2015-05801 and Varaince No. 2015-05019, 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 effects of the Proposed Project are typical of those
generated 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
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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 for Conditional Use Permit No. 2015-
05801, does find and determine the following:
1. The proposed request to permit a physical fitness facility within an existing
industrial and office complex is properly one for which a conditional use permit is authorized
under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial
Zone) as "Dance & Fitness Studios -Small", as referenced in paragraph .0402 of subsection
.040 of Section No. 18.10.030 (Uses) 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 physical fitness
facility would be located within an existing building surrounded by compatible buildings and
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
and office building that is surrounded by industrial and office 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 office and industrial
area and would not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the number of off-street parking spaces required under the Code for
the proposed fitness facility (i.e., 6), when added to the total number of such parking spaces
required by the Code (i.e., 466) and the total number of such spaces that exist at the Property
(i.e., 374), represents a small or de minimis increase. Nevertheless, because the number of
parking spaces required by the Code for all uses, including the Proposed Project, is less than
the actual number of parking spaces that exist, a variance must be approved for the Property;
and
WHEREAS, based upon the request letter submitted by the applicant and
observations made by staff, the Planning Commission does further find and determine that the
request for a variance for less parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(466 spaces required; 374 spaces proposed)
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I . The variance for the Property, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the Property, including the
proposed fitness facility, than the number of such spaces necessary to
accommodate all vehicles attributable to all uses at the Property under the
normal and reasonably foreseeable conditions of operation of such uses.
With respect to the other industrial and office complex uses, the observations
made by staff indicate that the number of parking spaces needed and used
therefor are less than the number of spaces that exist, let alone the minimum
number of spaces required by the Code;
2. That the variance for the Property, under the conditions imposed, 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 all
combined uses on the site;
3. That the variance for the Property, under the conditions imposed, will not
increase the demand and competition for parking spaces upon adjacent private
property in the immediate vicinity of the Property because the on-site parking
for the industrial and office complex, including the proposed physical fitness
facility, will adequately accommodate peak parking demands of all uses on
the site;
4. That the variance for the Property, under the conditions imposed, will not
increase traffic congestion within the off-street parking areas or lots provided
for the Property because the Property provides adequate ingress and egress
points, which are designed to allow for adequate on-site circulation; and
5. That the variance for the Property, under the conditions imposed, will not
impede vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity of the Property because the Property 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 Property.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there
other facts, that detract from the findings made in this Resolution. The Planning Commission
expressly declares that it considered all evidence presented and reached these findings after
due consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. No. 2015-05801 and Variance No. 2015-05019,
contingent upon and subject to the conditions of approval set forth 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 under Variance No. 2015-05019 and
Conditional Use Permit No. 2015-05801 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 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.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 13, 2015. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
CHA MAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
i
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 July 13, 2015 by the following vote of
the members thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 13`h day of July, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00049
APN:346-442-02
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E LA PALMA AVE
443'
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472'
011o Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
— 6 — PC2015-048
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05801
VARIANCE NO. 2015-05019
(DEV2015-00049)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1'
Any graffiti painted or marked upon the premises or on any adjacent
Planning & Building
area under the control of the business owner shall be removed or
Department, Code
painted over within 24 hours of being applied.
Enforcement Division
2'
There shall be no outdoor fitness activities or storage of physical
Planning & Building
fitness equipment.
Department, Planning
Services Division
3.
The business shall be operated in accordance with the Letter of
Planning & Building
Request submitted as part of this application. Any changes to the
Department, Planning
business operation as described in that document shall be subject to
Services Division
review and approval by the Planning Director to determine substantial
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
4.
Physical fitness classes shall have a maximum of five participants at
Planning & Building
any time.
Department, Planning
Services Division
GENERAL CONDITIONS OFAPPROVAL
5.
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively
Department, Planning
referred to individually and collectively as "Indemnitees") from any
Services Division
and all claims, actions or 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6.
The applicant is responsible for paying all charges related to the
Planning & Building
processing of this discretionary case application within 30 days of the
Department, Planning
issuance of the final invoice or prior to the issuance of building
Services Division
permits for this project, whichever 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.
7.
The premises of the fitness facility shall be developed substantially
Planning & Building
in accordance with plans and specifications submitted to the City of
Department, Planning
Anaheim by the petitioner, which plans are on file with the Planning
Services Division
Department, and as conditioned herein.
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