Resolution-PC 2007-104_ ~ ~
RESOLUTION NO. PC2007-104
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO: 2007-05239 BE GRANTED
(725 AND 755 NORTH SHEPARD STREET)
WHEREAS, the Anafieim Planning Commission did receive a verified Petition for Conditionai
Use Permit for certain real property situated in the City of Anaheim, County of Arange, State of Califomia,
described as:
PARCEL 1: _
AN UNDIVIDED 1/19T" INTEREST IN AND TO ALL THOSE PORTIONS OF PARCELS 4 THROUGH 8 OF
PARCEL MAP NO. 2005-201; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILEDJN BOOK 349, PAGES 3 THROUGH 7, INCLUSIVE, OFPARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS
"COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED PROFORMA AS INSTRUMENT NO.
PROFORMA, OF OFFICIAL RECORDS OF SAID COUNTY.
RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTlONS RECORDED PROFORMA AS
INSTRUMENT NO. PROFORMA OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR
MEREAFTER RECORDED AMENDMENTS THERET0.
PARCEL 2:
UNIT NO. 5 A ON SAID CONDOMINIUM PLAN.
PARCEL 3:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS RECORDED NOVEMBER 08, 2006 AS INSTRUMENT NO. 2006000753043 OF
OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS
THERETO (THE "DECLARATION").
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2007, 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 18.60, 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 at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.120.080.0513 (Health spas and physical fitness centers in excess of
4,000 s.f.); and
2. That the proposed personal training and fitness center would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located; and
Cr\PC2007-104 -1- PC2007-104
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3. That the traffic generated by the facility would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because adequate parking is provided: _
on-site; 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 af said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1
(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement
to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditionai UsePermit, 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followina conditions shall be complied with:
1. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to
the rooftop material and shaA not be visible from ground level. Said information shall be specificaily
shown on plans submitted for building permits.
Prior to final buildins~ and zonins~ inspections the followins~ conditions shall be complied with:
2. 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.
3. That subject property shall be developed substantially in accordance 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 Nos. 1 and 2, and as conditioned herein.
General Conditions:
4. 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) hours from the time of discovery.
5. That 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 Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
6. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
7. 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
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BE iT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and
all of the conditions hereinabove set forth. Should any such condition, 'or any part thereof, be declared
invalid or unenforceabie by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed nuli and void. '
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 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 appiication.
THE FOREGOING RESOLUTlON was adopted at the Planning Cornmission meeting of
Augusf 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal,procedures and may be replaced
by a City Council Resolution in the eventof an appeaL
CHAI A RO T PORE, ANA EIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION :
STATE OF CALIFORNIA )
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 Pianning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this /D ~ day of
, 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION