Resolution-PC 2016-092RESOLUTION NO. PC2016-092
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2016-05884 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00084)
(2368 EAST ORANGETHORPE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05884
to permit a "Dance & Fitness Studio -Small" within a portion of an existing industrial and office
complex (the "Proposed Project") for premises located at 2368 East Orangethorpe 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 (the "Property"); and
WHEREAS, the Property is approximately 4.09 -acres in size and is currently
developed with an industrial and office complex. The premises which will be the subject of
Conditional Use Permit No. 2016-05884 is approximately 1,920 square feet in size. The
Anaheim General Plan designates the Property for "C -G" General Commercial land uses. The
Property is located in the "I" Industrial Zone, meaning that the Property is subject to the zoning
and development standards contained in Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of
the Anaheim Municipal Code (the "Zoning Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 14, 2016 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 Zoning Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2016-05884, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, 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 the
CEQA Guidelines, 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. 2016-05884, does find
and determine the following:
1. The proposed request to permit a martial arts studio 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 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning Code.
2. The proposed conditional use permit to permit a martial arts studio, under the
conditions imposed, 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 martial arts studio
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 martial arts 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 and office
building that is surrounded by industrial and office uses.
4. The traffic generated by the martial arts studio 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 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. No. 2016-05884, 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 Conditional Use Permit No. 2016-05884 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
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complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Zoning 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 Zoning 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 Zoning
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 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 November 14, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON PRO -TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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 November 14, 2016 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CALDWELL, CARBAJAL, LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00084
E ORANGETHORPE AVE _
............ .. .._.. .. .. ...._.._........_.._.._........�..
Q G 50 100
FeetO
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. 2016-05884
(DEV2016-00084)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1
Fitness activities or storage of physical fitness equipment shall not be permitted
Planning and Building
outside of the building.
Department,
Planning Services
Division
2
The business shall be operated in accordance with the Letter of Request submitted
as part of this application. Any changes to the business operation as described in
Planning and Building
that document shall be subject to review and approval by the Planning Director to
Department,
determine substantial conformance with the Letter of Request and to ensure
Planning Services
compatibility with the surrounding uses.
Division
3
Any graffiti painted or marked upon the premises or on any adjacent area under the
Planning and Building
control of the business owner shall be removed or painted over within 24 hours of
Department,
being applied.
Code Enforcement
Division
GENERAL CONDITIONS OF APPROVAL
4
The Applicant shall defend, indemnify, and hold harmless the City and its officials,
Planning and Building
officers, employees and agents (collectively referred to individually and collectively
Department,
as "Indemnitees") from any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the decision of the
planning Services
Indemnitees concerning this permit or any of the proceedings, acts or
Division
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.
5
The applicant is responsible for paying all charges related to the processing of this
Planning and Building
discretionary case application within 30 days of the issuance of the final invoice or
Department,
prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or
Planning Services
may result in the revocation of the approval of this application.
Division
6
The premises of the marial arts studio shall be developed substantially in
Planning and Building
accordance with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner, which plans are on file with the Planning Department, and as
Planning Services
conditioned herein.
Division
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