Resolution-PC 2005-157_ _ _ . _.. .. _
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RESOLUTION NO. PC2005-157
A RESOLUTION OF THE ANAHEIMPLANNING COMMISSION
THAT PETITION FOR CONDITIONALUSE PERMIT NO. 2005-05043
(5464 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Gommission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
' OF GALIFORNIA, AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO.
141,' RECORDED MARCH 6, 1986 AS INSTRUMENT NO. 86-090569 OF -0FFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005 at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter =
18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission; after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered af said hearing, does find
and determine the following facts: '
1. That theproposed youth physical fitness facility is properly one #or which a conditional use
permit isauthorized by Anaheim Municipal Code Section No. 18.120.070.050.0519; and
2. That the proposed youth physical fitness facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is located because the site is surrounded by
industrial-related offices, wholesaling, and warehousing and is not adjacent to any heavy industrial land uses
that contain outdoor storage yards or large equipment; and
3. That the traffic generated by the youth physical fitness facility would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area. As
' demonstrated by the parking study dated October 18,2005, the peak parking demand would be 65 parking
stalls, and the site plan indicates 105 parking stalls provitled; and
4. That granting this conditional use permit, under the conditions imposed, will not be '
detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That no one indicated their presence at said public hearing in opposition; and that no ~
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning :
Commission has reviewed the proposal to permit a youth physical fitness facility and does hereby approve
the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during the
public review process and further finding on the basis of the initial study and any comments received that
there is no substantial evidence that the project will have a significant effect on the environment.
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Cr\PC2005-157 -~ - PC2005-157 :
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to`preserve the
safety and general welfare of the Citizens of the Ciry of Anaheim:
1. That this establishment shall be operated as a youth physical fitness facility. If at any such time the
business is no longer operated as indicated herein, a detailed description of the proposed business
shall 6e submitted for review by the City's Traffic and Parking Consultant to determine if the new use
would cause fewer off-street parking spaces to be provided than the number of spaces provided on site.
If it is determined the expected demand is greater than the spaces provided on site, an application for a
variance shall 6e submitted to the Planning Services Division for approval by the Planning Commission.
2. That all doors serving the facility shall conform to the requirements of the Uniform Fire Code and shall
' be kept closed at all times during the operation of the premises excepf for ingress/egress, permit
'deliveries and in cases of emergency.
3. That at all times when the premises is open for business, the premises shaA be maintained as a
physical fitness facility,
4. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible fhe appearance and conduct of all persons on or abouf the parking lot.
Said information shall be specifically shown on plans submitted to the Police Department, Community
Services DiVision for approval.
5. That all trash generated from this facility shall be properly contained in trash bin(s) contained within the
approved trash enclosure(s). The number of bins shall be adequate and the trash pick-up shall be as
_ frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
6. That the existing trash enclosure gates shall be replaced per City Standard. Said information shall be
specifically shown on plans submitted for Streets and Sanitation approvaL
7. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hoursfrom time or occurrence.
8. That no outdoor uses and/or assembly shall occur on this property.
9. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516, shall
be completed and submitted to the Police Department prior to initial alarm activation. This form is
available at the Police Department front counter.
10. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to
the rooftop material and shall not be visible from ground IeveL Said information shall be specifically
shown on plans submitted for building permits.
11. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police
Department. The form is available at the Police Department front counter.
12. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2981
(to permit a church with waiver of minimum number of parking spaces) to the Zoning Division.
13. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
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14. That prior to issuance ofa building permit, or prior to commencement of the activity authorized by this
resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos.
4, 6, 10, 11, and 12 above mentioned shall be complied with. Extensions for furthertime to complete
said conditions shall be granted in accordance wiEh Section 18.60.170 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections, Condition Nos. 9 and ,11, above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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.
BE IT FURTHER RESOLVED that the Anaheim 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 the applicant is responsible for'paying all charges related
to the`processing of#his discretionary case application within 15'days of the issuance of the final invoice or
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 the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
`December 12, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, -"Zoning
ProVisions - GeneraP' of the Anaheim Municipal Code pertainin ap I procedures and ereplaced
by a City Council Resolution in the event of an appeaL -
CHAIRMA , ANA IM PLANNING COMMIS
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, 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 December 12, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
W WITNESS WHEREOF, I have hereunto set my hand this j/~"~" day of
, 2006.
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SENIOR SECRETARY,ANAHEIM PLANNING COMMISSION
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