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Resolution-PC 2010-003RESOLUTION NO. PC2010 -003 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05471 (DEV2009- 00094) (5100 EAST LA PALMA AVENUE, SUITE 117) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05471 to establish a fitness studio within an existing multi tenant commercial and industrial business park, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a 138,350 square foot, multi tenant commercial and industrial business park Located in the SP 94 -1, D.A. 2 (Northeast Area Specific Plan, Expanded Industrial Area) zone and the Anaheim General Plan designates the property for Office -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 1, 2010, at 3:30 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 a conditional use permit, does find and determine the following facts: I. The request to establish a fitness studio within an existing multi- tenant commercial and industrial business park in the SP 94 -1, D.A. 2 (Northeast Area Specific Plan, Expanded Industrial Area) zone is properly one for which a conditional use permit is authorized under Code Section 18.120.070.050.0519 (Health Spas and Physical Fitness Centers) of the Anaheim Municipal Code. 2. The proposed fitness studio, as conditioned herein, would not adversely affect the adjoining commercial and industrial land uses and the growth and development of the area in which it is proposed to be located because all business activities would occur inside the building and therefore would not cause any disturbances to the surrounding businesses. 3. The size and shape of the site is adequate to allow the full development of the proposed fitness studio in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public. Moreover, no expansion to the existing building is proposed and a higher parking requirement than other commercial businesses in the complex is not required; therefore, no additional parking is required as a result of this request. 1 PC2010 -003 4. The traffic generated by the fitness studio would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the facility would be consistent with the types of commercial uses along La Palma Avenue and the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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 City Planning Commission does hereby approve Conditional Use Permit No. 2009 -05471 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 this conditional use permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED 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 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. 2 PC2010 -003 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 1, 2010. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM NOES: ABSENT: COMMISSIONERS: NONE CHAIRMAN, A AYES: COMMISSIONERS: KARAKI, RAMIREZ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION IM CITY PLANNING COMMISSION 1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 1, 2010, by the following vote of the members thereof: AGARWAL, AMENT, BUFFA, FAESSEL, COMMISSIONERS: ROMERO IN WITNESS WHEREOF, I have hereunto set my hand this l day of February. 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC201.0 -003 APN: 346-442-021 jrk. 0 50 100 Fe_t EXHIBIT "A" DEV2009- 00094 E LA PALMA AVE cv 442' Source. Recorded Tract Maps and/or City GIS Please note the accuracy is +1- two to five feet 10894 5 PC20I0 -003 No. GENERAL EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05471 (DEV2009- 00094) Conditions of Approval Responsible for Monitoring 1 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police /Code Enforcement 2 The property shall be developed substantially in accordance with Planning 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 (Site Plan) and 2 -3 (Floor Plans), and as conditioned herein. 6 PC2010 -003 200 S. Anaheim Blvd. Suite 4162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT February 8, 2010 Jodi Adarno The Pilates Body of Orange County 6525 E. Camino Vista, #3 Anaheim, CA 92807 Re: Case No. Conditional Use Permit No. 2009 -05471 (DEV2009- 00094) Congratulations on the approval of your application. I am writing to let you know the next steps to complete your project. Should you have any questions, please contact me at (714) 765 -4948, as I will continue to be your planner through the completion of your project. Apnea] Period There is a 10 -day appeal period before the Planning Commission's approval of your project becomes final. This appeal period allows you, interested parties or Council members to set the item for hearing before the City Council. The appeal period ends on February 10, 2010. During this appeal period, you may submit construction plans to begin plan check. If you have concerns over the approval, please contact me and I will go over this option with you. Approval Documentation The attached resolution and copy of the approved final exhibits are the documents that memorialize the approval of the project. The resolution identifies the conditions of approval that need to be met before the project starts. It also identifies the responsible department for ensuring completion of that condition. At the end of the resolution you will see the milestones at which these conditions need to be completed. For example, one of the conditions states that a specific set of conditions needs to be completed prior to issuance of a building permit. This means that each one of those listed conditions must be addressed before your permit can be issued. On -coin¢ Compliance with Permit Some of the conditions of approval are operational conditions that need to be adhered to on a regular basis. You may want to maintain a copy of those conditions at the establishment to ensure that the project continually adheres to those regulations. It would be helpful to review these operating conditions with the on -site manager as well. CUP2009 -05471 (DEV2009- 00094) Page 2 of 3 Changes to the Permit In the event that you find it necessary to modify the scope of your project or the conditions of approval, such as permitted hours of operation, please contact me for the required procedure. Some changes may require the approval of the Planning Commission. Preparation of Construction Drawings For plan check, it would be helpful to insert a sheet in the construction drawings with the resolution for ease of reference. Please review each of the conditions of approval that is required to be completed prior to issuance of building permit. To the extent possible, demonstrate compliance with the condition within the construction drawings. Plan Check Submittal When you have completed your construction drawings and are ready to submit to plan check, bring them to City Hall, Counter Number 1 to obtain a ticket for your plan submittal. Our helpful staff will provide you with any applications /forms you may need. Building Plan Check Process Once your plan is submitted for plan check, we will ensure that your plans are routed to all appropriate departments. Keep in mind that if you have conditions of approval for other departments, such as Public Works or Utilities, that your plans should demonstrate compliance with those conditions as well. Once the individual departments have completed their review, we will contact you to inform you that corrections are ready to be picked up. This first round of plan check generally takes 5 -20 business days depending on the complexity of the project. Some projects may take a few rounds of plan check before the plans are ready for approval. Once you have obtained approval from all required departments, paid all applicable fees and demonstrated compliance with all pertinent conditions of approval, the building permit will be issued. Inspections Various inspections will take place during the course of the construction process. Near or at the conclusion of the construction, the departments that have reviewed your plan check will most likely require a final inspection. Please refer to the resolution again to see which conditions of approval need to be completed prior to final inspection. If you have any questions about final inspections, feel free to call me and I can help you. Commencement of the Project You will need to obtain a business tax certificate prior to commencement of the business. Please contact the Business License Division at (714) 765 -5194 for additional information. Condition Compliance If your project does not involve work that requires a building permit, you need to demonstrate compliance with the conditions of approval through a letter or other form of documentation before you may open your business. This information needs to be submitted to me for review and confirmation. CUP2009- 05471 (DEV2009- 00094) Page 3 of 3 Contact for Ouestions If you have any questions about your project, contact me and I will be happy to work with you. If the issue requires the direct expertise of other city staff, 1 will put you in contact with that person. Sir rely, David See Senior Planner c: Adam Sumow Seligman Western Enterprises One Town Square, Suite 1913 Southfield, MI 48076