Resolution-PC 2007-66~ ~
RESOLUTION NO. PC2007-66
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05217 BE GRANTED
(2198 SOUTM DUPONT DRIVE)
WHEREAS, the Anaheim Pianning Commission 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 7, tN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, '
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS
AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM
THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE
PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING
THERETO; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER
t1PON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE,
MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE
OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING
OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER
HYDROCARBON OR MINERAL SUBSTANCES, S RESEARCHED IN DEED RECORDED
OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 25, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by !aw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 9 8.60, 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 18.10.030.040.0402 (Dance and Fitness Studio, Recreation - Commercial
Indoor); and
2. That the proposed physical fitness and batting cage facility would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located; and
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. A parking study was prepared by the
City's independent traffic and parking consultant, and the study concludes that the number of parking spaces
provided would be adequate to support the number of employees and customers for this use; 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.
Cr\PC2007-66 -1- PC2007-66
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CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: The Planning Director or her
authorized representative 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 thatthe 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildina permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followinq conditions shall be complied with:
1. That a trash enclosure shall be provided per City Standard in a location approved by the Department of
Public Works, Streets and Sanitation Division. Said information shall be specifically shown on plans
submitted for building permits.
2. Thaf four (4) foot high rooftop address numbers shall be painted flat on the roof irr contrasting color to
the rooftop material and shall not be visible from ground level. Said information shall be specifically
shown onplans submitted for building permits.
3. 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.
4. That the property owner shall submit a letter requesting termination of Variance No. 2003-04554
(waiver of minimum number of parking spaces to permit and retain accessory outdoor storage) to the
Zoning Division.
Prior to final buildinq and zoninq inspections the followina conditions shall be complied with:
5. That the two parking spaces directly to the west of the westerly driveway shall be marked to indicate
that they are reserved for the subject business.
6. That the gate separating the front and side parking lots shall be removed.
7. That the rear parking lot shall be resurfaced and restriped.
8. 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:
9. That this establishment shall be operated as a physical fitness and rehabilitation and indoor batting
cage facility. tf at any such time the business is no fonger operated as indicated herein, a detailed
description of the proposed business shall be 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 be submitted to the Planning Services
Division for approval by the Planning Commission.
10. 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.
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11. 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.
12. Extensions for further fime to compfete conditions of approval may be granted in accordance with
Section 18.60:170 of the Anaheim MunicipaL
13. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim 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 4he Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance wifh 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 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 application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 25, 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 ap I procedures and may be replaced
by a City Counci( Resolution in the event of an appeaL ~~
CHAIRI~AN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 June 25, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ,/D ~~ day of
V , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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