Resolution-PC 98-156RESOLUTION NO. PC98-156
A RESGLUTION OF THE ANAHEIM CIIY PLANNING COMMISSION
AMENDING RESOLUTION NO. 97R-40
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMI'i NO. 3920
WHEREAS, on Aprii 1, 1997, the City Council did adopt Resolution No. 97R-40 to grant
Conditional Use Permit No. 3920 and permit constr~ction of a 35,000 sq.ft. health club and a 10,000 sq.ft.
child day care ~acility with a 15,000 sq.ft. outdoor play area and with waiver of the minimum number of
parking spaces in the Anaheim Hills Festival Center; and
WHEREAS, the underlying property is partially developed with the Anaheim Hills Festival
Center and is located in Deveiopment Area 2(Retail Commercial and Entertainment) of Specific Plan No.
90-1 (SP 90-1 }; and
WHEREAS, MicFiele Holling. representing the property owner, has proposed a temporary
physical fitness facility in an existing 9,200 sq.ft. retaii tenant space at 8028 East Santa Ana Canyon Road
(formerly the Discovery Zone) during construction of the health club approved in connection with this use
permit; and that plans were submitted (Exhibits R and B) showing the site and the floor layout; and
WHEREAS, a parking study (prepared by Weston Pringle and Associates and dated
September 10, 1998) was submitted to analyze the impact the temporay health ciub plus the construction
activities would have on available parking; and
WHEREAS, th2t the proposed i~amporary location is aiso located in Development Area 2
of SP 90-1; that during the 10-month construction period, the temporary physical fitness center (24 Hour
Fitness) would have facilities for physical fitness activities, including weight lifting, cardiovascular exercise
machines and aerobic classes in order to begin enrolling members; and that all operations at this
temporary location will cease upon completion of the permanent health club; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on Seplember 28, 1998 at 1:30 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
18.03, 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, investipation and study made by
itself and in its behalF, and after due consideration oF ail evidence and reporls offered at said hearing,
does find and determine the following facls:
1. That the GroFosed temporary physical fitness facility ip an existing 9,200 sq.ft. retail
tenant space during conskruc~ion of the previously-approved 35,000 sq.ft. health club is a permitted use as
authorized by Anaheim N~~ricipal Code Section 18.74.020(a)30.
2. That the proposed temporary fitness facility will not adverseiy affect the adjoining land
uses nor impact the growth and development within or adjacent to the Anaheim Hills Festival.
3. That the Anaheim Hills Festival !s large enough to contain this temporary use during
construction of the permanent physical fitness center and other businesses in a msnner which is not
detrimental to the surrounding area nor to the peace, health, safety and general welfare.
4. That khe number of parking spaces available in Development Area 2 will t~e adequate for
the existing and temporary uses duri~g the construction activities, as determined by the City Traffic 2nd
Transportation Manager based on the submitted parking study.
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5. That the temporary physical fitness facility will not generate any traffic that would cause
an undue burden on the streets and highways (as determined by the City Traffic and Transportation'
Manager based on the submitted parking study), and that the granting of this conditional use permit, as
conditioned, wili not be detrimental to the peace, heaith, safety and general welfare of the ciGzens of the
City of Anaheim.
6. 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 Gity
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previousiy approved in connection with Conditional Use Permit No. 3920 is adequate to serve as the
required environmental documentation in connection wilh this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Nec~ative Deciaration together with any comments received during the public review process and furlher
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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby add the following new conditions of approvai to Resolution No. 97R-40, adopted in
connection with Conditional Use Permit No. 3920:
21. That the temporary physical fitness operations within the 9,200 sq.ft, retail tenant space
at 8028 East Santa Ana Canyon Road (shown on Exhi~its A and B) shail be permitted for
one (1) year and shall expire on September 28, 1999, er upon occupancy of the
permanent f~ealth club facility, whichever occurs first.
22. That prior to th2 commencement of activities within the temporary 9,200 sq.ft. physical
fitness center, the owner/daveloper shall submit biailding plans to the City of Anaheim
Building Division for the permanent heallh club fiacility.
BE IT FURTHER RESOLVED that the Anah2im City 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 ~y such condition, or any part thereof,
be declared invalid or unenforceable by the final judgme;it of any ourt of competent jurisdiction, then this
Resolution, and any approvals herein contalned, shall b,~ deemed ull and void.
THE FOREGOING RESOLUTION~4r~~~~ipteo a~•~hQ Planning Commission meeting of
September 28, 1998. ( ~ l ~
ATTEST:
~.J ~
SECRETARY NAHEIM CITY PLANNING COMMISSION
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STAT[ OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
4hat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 28, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSNJICK, BOYDSTUN, BRISTOL, ESFING, KOOS, NAPOLES
NOES: COM611SSIONERS: NONE
ABSENT: COMMISSIdNERS: WILLIAMS
Q IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~y~(~~ 1998.
~a~ ~~
SECRETARY NAHEIM CITY PLANNING COMMISSION
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